TITLE: Title
Public Hearing: Review of the Boer Brothers Heating and Cooling CUP located at 626 & 630 Hwy NC 54 West
PURPOSE: Boer Brothers Heating and Cooling as represented by Pennoni Associates, have submitted an application for the construction of a business headquarters with associated warehouse and office facilities located at 626 & 630 Hwy NC 54.
The Conditional Use Permit, if approved, would allow the creation a total of 13,773 sf of floor area within three buildings (2 warehouse, 1 office). Associated infrastructure such as parking, paving and drainage structures are also part of this application. The existing site contains the hard surface remains of the past warehouse that burned down in 2004. The conditional use permit for this project will be new and not a modification of the existing permit that regulated the prior use.
See Attachment A for staff report.
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DEPARTMENT: Planning
CONTACT INFORMATION: Jeff Kleaveland 919-918-7332
INFORMATION: The subject property is zoned Watershed Manufacturing- 3 (WM-3) and contains four parcels for a combined acreage of about 2.63 acres. These parcels are identified by Orange County PINs 9769219629, & 9769217639.
FISCAL & STAFF IMPACT: Plan review fees and staff time.
RECOMMENDATION:r Town staff recommends that the Board of Aldermen review the Boer Brothers Conditional Use Permit proposal with the following staff conditions and prepare recommendations.
1. That prior to construction plan approval, the applicant receive a driveway permit from NCDOT in accordance with any conditions imposed by such agency including but not limited to encroachment / maintenance agreements for installation of necessary infrastructure.
2. That the Board hereby allows the existing non-conforming situation to remain with regard to impervious surfaces in excess of 24% within the WM-3 zoning district. This finding is based upon the applicant’s plans and calculations that demonstrate 1) a reduction in impervious surfaces from the existing situation and 2) an updated and improved stormwater management system that gathers and treats more of the runoff from the impervious surface than before.
3. That the applicant shall provide to the Zoning Division, prior to the recordation of the final plat for the project or before the release of a bond if some features are not yet in place at the time of the recording of the final plat, Mylar and digital as-builts for the stormwater features of the project. Digital as-builts shall be in DXF format and shall include a base map of the whole project and all separate plan sheets. As-built DXF files shall include all layers or tables containing storm drainage features. Storm drainage features will be clearly delineated in a data table. The data will be tied to horizontal controls.
4. That the developer shall include a detailed stormwater system maintenance plan, specifying responsible entity and schedule. The plan shall include scheduled maintenance activities for each stormwater BMP in the development, performance evaluation protocol, and frequency of self-reporting requirements (including a proposed self-reporting form) on maintenance and performance. The plan and supporting documentation shall be submitted to Town engineer and Environmental Planner for approval prior to construction plan approval. Upon approval, the plans shall be included in the homeowners’ association documentation.
5. That the project address the Town Engineer’s remaining construction plan comments prior to construction plan approval. Should addressing these comments cause a significant deviation from the plans as presented, the applicant will be required to bring the project back to the Board of Aldermen for a permit modification.
6. That the Board hereby grants a deviation from the 15’ pole height requirements of Section 15-242.5(f) be waived based upon the applicant’s written justification that the higher poles allow fewer fixtures for more uniform lighting consistent with the commercial needs of the property and the safety and security of its occupants.
7. A continuing obligation of this permit is compliance with the “Good Neighbor” Performance standards for Non-Residential Uses as described in Article XI of the LUO.
8. That the applicant demonstrate continued compliance with the applicable provisions of Section 15-158 of the Land Use Ordinance which regulate hazardous substances in the WM-3 zoning district.