Agenda - 12-01-2008 - 4a - Laserfiche WebLink

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17 ,.~ 1 Planning Director Craig Benedict said that this item is a little different than the previous 2 item because it also requires a rezoning as a prerequisite to the special use permit. The public 3 hearing has already been closed for verbal testimony. There were questions from the meeting 4 of September 16`" from the County Commissioners. The abstract on page two includes the 5 highlighted questions. The questions were related to the conditions of approval. 6 Condition 'L' -The applicant has agreed to set a maximum height to the signage 7 structure at 50 feet with the top of the sign being at 40 feet. 8 Condition `R' -The applicant has agreed to a 15% affordable housing provision. The 9 staff has worked with the Attorney's office to make sure that there is at least a 99-year 10 affordability provision. 11 Condition `T' -This has to do with the `free' fee simple dedication of one acre of land for 12 purposes that the County can determine on-site within District 3. The applicant has agreed to 13 that. 14 Condition `U' -There were questions concerning the LEED standards (Leadership in 15 Energy and Environmental Design). In condition 'U' it is specified what aspects of the LEED 16 standards that the applicant could adhere to at a minimum. 17 Two other discussion points have to do with condition `P' -Open Space Perimeter 18 Buffers and condition `S' -Drive-thrus. 19 In condition `P', originally the applicant had asked for 60% visibility breaks along 1-85/1- 20 40. The applicant has modified the original request to 50% openings, which will include low- 21 level vegetation. In the case of retention areas, the low-level vegetation will be some aquatic. 22 species to help with water quality. The other 50% would be natural vegetation that includes 23 Neuse River Buffer and Orange County standards to maintain the mature trees in that area. 24 Staff believes that this is a reasonable solution to the buffers along I-85/I-40. 25 Regarding condition `S', the applicant had asked for (pp. 108-110) five drive-thrus on the 26 128 acres and unrestricted lane uses to be connected with that such as five banks, or five 27 restaurants, or five drug stores, etc. In speaking with the Attorney, staff thought that having a 28 maximum to the type of drive-thrus would be more appropriate. Staff recommends that 29 restaurant drive-thrus be limited to two, and then the other three uses would be non-restaurant. 30 In addition, as some sort of compensation, additional tree plantings and shrubs will be put in 31 proximity to the drive-thrus to absorb some of the carbon emissions that come from the idling 32 that occurs with drive-thrus. 33 Craig Benedict said that in the packet there is a combination of approvals or denials. 34 On page 1, there is a Statement of Consistency with the Comprehensive Plan if the Board finds 35 that this project is consistent for rezoning purposes. If this is approved, the Board would move 36 on to decisions on 3-a, b, c, and d. If the proposal is inconsistent, then the Board would vote to 37 proceed with the Statement of Inconsistency and proceed to Attachment 5, which is a 38 Resolution of Rezoning Denial. The applicant is in agreement with all conditions, A-U, with the 39 exception of condition `S', which has to do with drive-thrus. 40 41 APPLICANT: 42 Roger Perry said that the applicants are in agreement with all conditions except `S'. He 43 .said that the conditions specified for drive-thrus are problematic and a serious impediment to 44 the viability and success of the project. He said that the applicants do not care if there are any 45 drive-thrus, but it is an issue of fairness and equity in the rest of the County. If this project is 46 going to be competitive, there cannot be a set of restrictions and guidelines placed on it that are 47 different than what might be imposed throughout the County. Rather than specify the 48 conditions of a drive-thru, the applicant would propose that the language in `S' be amended to 49 say that, "Drive-thrus at Buckhorn Village will be regulated in accordance with drive-thru 50 regulations that are in place or to be put in place for all of Orange County." He said that the