Town of Southern Pines Planning Board Meeting, Thursday, July 24 19, 2014, 7:00 PM, Douglass Community Center, 1185 West Pennsylvania Avenue

Town of Southern Pines Planning Board Meeting, Thursday, July 24 19, 2014, 7:00 PM, Douglass Community Center, 1185 West Pennsylvania Avenue I Call to Order II Approval of the Minutes June 19, 2014 III Public Hearing: Cell CU-04-14; Conditional Use Permit for the Construction of a New Tower; Property West of Boling Way; Petitioner, Try-MAC Construction Corp On behalf of Try-MAC Construction Corporation, Mr. Fred Papa has submitted a Conditional Use Permit application for the new construction of a Cellular Tower to be located on the property of Jane McPhaul located West of NC Highway 22 in the Town of Southern Pines ETJ. The property is zoned PD (Planned Development) and is identified with the PIN: 857404622614 and the Parcel ID: 00036553. The Future Land Use Map designates the subject property as Low Density Residential. Towers and related structures in excess of 50 in height require a Conditional Use Permit prior to construction per the Town of Southern Pines Unified Development Ordinance. The proposed tower is to be 195 in height. Towers are permitted in the PD zoning classification but must be located no closer than 1000 from any residential development in the RE, RS, RM or residential development in the PD zoning classification. The CUP application must address fourteen (14) criteria per Section 5.27 of the Unified Development Ordinance. MRD-01-14, Morganton Park; Request for Conceptual Development Plan Approval, property adjacent to W. Morganton Rd., Bob Koontz, Petitioner The petitioner, Mr. Bob Koontz of Koontz Design, is requesting Conceptual Development Plan approval for the northern portion of Morganton Park for a mixed use development. Master plans were approved for phase I and phase II for the south side development of Morganton Park encompassing the area south of W. Morganton Rd. and the movie theater expansion in 2013. The proposed development known as Morganton Park North is the area north of W. Morganton Rd. and includes the site of the soon to be constructed Legends at Morganton Park Apartment Complex. The Conceptual Development Plan for Morganton Park North seeks to establish the mix and intensity of land uses for this portion of the development. The apartments have already received conceptual and preliminary development plan approval but are Page 1 of 2

however a part of the Morganton Park North Conceptual Development Plan. The subject property is comprised of 96.44 acres and the property is in the PD (Planned Development) zoning classification. The property is identified by the following: PIN: 857100498818 (PARID: 00037588). Per the Moore County Tax records, the property owner(s) are listed as Robert W. and Julie M. Van Camp. The subject property is on the north side of W. Morganton Road. MRD-02-14, Pavilion at Morganton Park; Request for Preliminary Development Plan Approval; Morganton Park North, property adjacent to W. Morganton Rd., Kuester Companies, Petitioner On behalf of petitioner Kuester Companies, Mr. Bob Koontz of Koontz Design is requesting Preliminary Development Plan approval for a 2.52 acre site on the east side of the intersection of the northern portion of Brucewood Road and W. Morganton Road. The proposed project is named the Pavilion at Morganton Park and consists of a mixed use development including retail, restaurant, and office land uses. The proposed structure will be 24,000sf. This project is a part of the Morganton Park North development. The property is identified by the following: PIN: 857100498818 (PARID: 00037588). Per the Moore County Tax records, the property owner(s) are listed as Robert W. and Julie M. Van Camp. The subject property is on the north side of W. Morganton Road. V VI Old Business New Business VII Other Business VII Adjournment Page 2 of 2

Agenda Item To: Via: From: Subject: Planning Board Bart Nuckols, Planning Director Chris Kennedy, Planner CU-04-14; Conditional Use Permit for the Construction of a New Cell Tower; Property West of Boling Way; Petitioner, Try-MAC Construction Corp Date: July 24, 2014 CU-04-14; Conditional Use Permit for the Construction of a New Cell Tower; Property West of Boling Way; Petitioner, Try-MAC Construction Corp On behalf of Try-MAC Construction Corporation, Mr. Fred Papa has submitted a Conditional Use Permit application for the new construction of a Cellular Tower to be located on the property of Jane McPhaul located West of NC Highway 22 in the Town of Southern Pines ETJ. The property is zoned PD (Planned Development) and is identified with the PIN: 857404622614 and the Parcel ID: 00036553. The Future Land Use Map designates the subject property as Low Density Residential. Towers and related structures in excess of 50 in height require a Conditional Use Permit prior to construction per the Town of Southern Pines Unified Development Ordinance. The proposed tower is to be 195 in height. Towers are permitted in the PD zoning classification but must be located no closer than 1000 from any residential development in the RE, RS, RM or residential development in the PD zoning classification. The CUP application must address fourteen (14) criteria per Section 5.27 of the Unified Development Ordinance. Staff Comments: The subject property is owned by Jane H. McPhaul, consists of 60.42 acres and is zoned PD Planned Development. The request is to construct a 195 lattice tower that will accommodate multiple tenants, improve communication in that immediate area as well as minimize the need for additional towers. The attached Site Plan indicates the location of the proposed tower to be situated in the northwestern corner of the property. The setbacks are shown on the drawing as 1,000 from any existing residences or residentially zoned property. Access to the proposed fenced, 100 x100 compound area will begin at the property line off of Boling Way and follow / parallel the Utility Easement that was granted to the Town and then extended to the proposed site. The proposed tower will have capacity for four (4) tenants depending on their signal propagation height on the tower. Typically antenna arrays need 10 vertical separation. CU-04-14; Try-MAC Construction July 2014 Planning Board Page 1 of 28

The petitioner has a ground lease with the property owner that addresses all requirements of siting a tower including, access, insurance and compliance to all Local & Federal regulations. Per Section 2.21.7 an Application for a Conditional Use Permit must satisfy the following criteria: 2.21.7 Criteria A Conditional Use is permitted only if the Applicant demonstrates that: a. The proposed conditional use shall comply with all regulations of the applicable zoning district and any applicable supplemental use regulations; b. The proposed conditional use shall conform to the character of the neighborhood in which it is located. The proposal, whether in the same district or different district than neighboring properties, shall adequately mitigate any potentially adverse effects on health, safety, or comfort of persons living or working in the neighborhood. In making such a determination, consideration shall be given to: 1.The location, type, orientation, design and height of buildings or structures; 2.The type and extent of landscaping and screening on the site; and 3.Whether the proposed use is consistent with any policy of the Comprehensive Plan that encourages mixed uses and/or densities; c. Adequate public facilities shall be provided as set forth herein; d. Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads; e. The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood; f. The proposed use shall not impede the orderly Development and improvement of surrounding property for uses permitted within the zoning district; g. The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, comfort or general welfare; and h. The public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use. Comprehensive Long Range Plan Future Land Use Map depicts this property as Low Density Residential. The CUP application must address fourteen (14) criteria per Section 5.27 of the Unified Development Ordinance. The petitioner has addressed each of these criteria, please see page 14 of this packet. The project shall meet all requirements as set forth in Section 5.27 of the UDO: 5.27TOWERS AND RELATED STRUCTURES Towers and related structures that are 50 feet or taller in Height shall require a Conditional Use Permit prior to construction or installation and are subject to the following standards: A. Towers cannot be located in the HCO, CB, NB or OS districts. B. Towers cannot be located within one thousand (1,000) feet of any RE, RS or RM zoning district or any residential Development in a PD zoning district. C. The Conditional Use Permit application shall provide information that: CU-04-14; Try-MAC Construction July 2014 Planning Board Page 2 of 28

1. Demonstrates the antenna's compliance with State and Federal radio frequency emission standards. 2. Specifies the tower height and design and include a cross-section of the structure. 3. Details any technical, engineering, economic and other pertinent factors governing the selection of the proposed design. 4. Demonstrates the tower's compliance with applicable structural standards, which may include certification that the tower will withstand sustained winds in accordance with local building codes or nationally recognized standards. 5. Describes the failure characteristics of the tower and demonstrates that the site and setbacks are of adequate size to contain debris. 6. Describes the tower's maximum capacity, including the number of antennas that it can accommodate for collection, taking into consideration radio frequency interference, mass, height and other characteristics, as well as options to overcome any problems that these considerations may pose to service delivery. 7. Assesses the environmental impact of the facility siting, including the impact on adjacent structures and districts as well as on historic sites and streetscapes. 8. Determines whether the construction of the tower and its reception and transmission functions will interfere with the usual and customary transmission or reception of radio, television and other services on adjoining properties. 9. Documents the due diligence in seeking and subsequent failure to find space on an existing tower to collocate their antenna(s) (if permission for tower construction is being sought). 10. Documents compliance with or exemption from FCC, FAA, MEPA and any other federal or state regulations applicable to the siting; statements must be issued from the FCC, FAA or the state attesting to the proposed facility's compliance. 11. Includes an agreement between the Town and the tower owners and their successors to allow shared use of the tower if: a) Capacity exists based on existing and planned use; b) A future Applicant for space on the tower agrees in writing to pay any reasonable change for shared use; and c) The potential use is technically compatible. 12. Documents anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise or safety impacts of such maintenance. 13. Documents liability insurance or bonding where applicable. 14. Includes approval of the site owner, if different from the tower owner, to apply for a permit. Attachments: GIS Location Conditional Use Permit Application Future Land Use Map CU-04-14; Try-MAC Construction July 2014 Planning Board Page 3 of 28

To either approve or deny an application, the Planning Board must make findings of fact and conclusions to the applicable standards. The Planning Board shall first vote on whether the application is complete and whether the facts presented are relevant to the case. The Planning Board shall then vote on whether the application complies with the criteria as set forth in Section 2.21.7 Criteria for a Conditional Use Permit, Criteria A-H. The Planning Board may choose one of the following motions for recommendations or any alternative they wish: Finding of Fact #1 Or 1) I move to recommend that as a finding of fact that the application is complete and that the facts submitted are relevant to the case. 2) I move to recommend that as a finding of fact the application is incomplete and/or that the facts submitted are not relevant to the case, in that Finding of Fact #2 Or 1) I move to recommend that as a finding of fact the application complies with Section 2.21.7 Criteria for a Conditional Use Permit, Criteria A-H. 2) I move to recommend that as a finding of fact the application does not comply with Section 2.21.7 Criteria for a Conditional Use Permit, Criteria A-H, in that.. The Planning Board shall vote on whether the proposed amendment is consistent with Comprehensive Long Range Plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board could make one of the following motions for recommendations or any alternative they wish: I move that we advise that: Then: 1. The proposed Conditional Use Application is consistent with those documents that constitute the officially adopted land development plan and other applicable plans; or 2. The proposed Conditional Use Application is not consistent with the documents that constitute the officially adopted land development plan or other applicable plans, in that.. I move to recommend to the Town Council: 1. The approval of CU-04-14; 2. The denial of CU-04-14; OR 3. The approval of CU-04-14 with the following additional conditions CU-04-14; Try-MAC Construction July 2014 Planning Board Page 4 of 28

CU-04-14 Try-MAC Construction Corp: New Cell Tower PIN#: 857404622614 (PARID:00036553) This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). CU-04-14; Try-MAC Construction July 2014 Planning Board Page 5 of 28

CU-04-14 Try-MAC Construction Corp: New Cell Tower PIN#: 857404622614 (PARID:00036553) This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). CU-04-14; Try-MAC Construction July 2014 Planning Board Page 6 of 28

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CU-04-14 New Construction of a Cell Tower: Petitioner, Fred Papa Parcel ID: 00036553 This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). = Subject Property CU-04-14; Try-MAC Construction July 2014 Planning Board Page 28 of 28

Agenda Item To: Via: From: Subject: Planning Board Bart Nuckols, Planning Director Chris Kennedy, Planner MRD-01-14, Morganton Park; Request for Conceptual Development Plan Approval, property adjacent to W. Morganton Rd., Bob Koontz, Petitioner Date: July 24, 2014 MRD-01-14, Morganton Park; Request for Conceptual Development Plan Approval, property adjacent to W. Morganton Rd., Bob Koontz, Petitioner The petitioner, Mr. Bob Koontz of Koontz Design, is requesting Conceptual Development Plan approval for the northern portion of Morganton Park for a mixed use development. Master plans were approved for phase I and phase II for the south side development of Morganton Park encompassing the area south of W. Morganton Rd. and the movie theater expansion in 2013. The proposed development known as Morganton Park North is the area north of W. Morganton Rd. and includes the site of the soon to be constructed Legends at Morganton Park Apartment Complex. The Conceptual Development Plan for Morganton Park North seeks to establish the mix and intensity of land uses for this portion of the development. The apartments have already received conceptual and preliminary development plan approval but are however a part of the Morganton Park North Conceptual Development Plan. The subject property is comprised of 96.44 acres and the property is in the PD (Planned Development) zoning classification. The property is identified by the following: PIN: 857100498818 (PARID: 00037588). Per the Moore County Tax records, the property owner(s) are listed as Robert W. and Julie M. Van Camp. The subject property is on the north side of W. Morganton Road. Staff Comments: The subject property is a 96.44 acre tract. The subject property is zoned Planned Development (PD). The Planning Board is the approving body for Conceptual Development Plans. The Planning Board shall conduct a legislative hearing and approve or conditionally approve the Conceptual Development Plan if it finds that the required criteria are satisfied. The Town Council will only review the Conceptual Development Plan application in the instance of an appeal. Per Section 2.18.4 the Conceptual Development Plan shall address Section 2.18.4(A) and meet the criteria established in Section 2.18.4(F). 2.18.4 Conceptual Development Plan (A) Purpose. The purposes of the Conceptual Development Plan are to demonstrate that: (1) The mix and intensity of land uses are consistent with the Comprehensive Plan; MRD-01-14 Planning Board July 2014 Page 1 of 11

(2) The general street layout is consistent with mobility needs of the Town and the proposed development; (3) The phasing plan enables each phase to be developed in a way that it creates a sustainable neighborhood that will be enhanced as each successive phase is developed; and (4) The proposed arrangement of land uses and the phasing plan are compatible with surrounding neighborhoods. (B) Applicability. A Conceptual Development Plan shall be required when an Applicant is planning to development less than the entire, contiguous land area held in common ownership in a single phase or subdivision plat. The Conceptual Development Plan shall illustrate future Development of the entire area under common ownership. (C) Initiation. The Conceptual Development Plan application shall be filed with the Planning Director. It may be submitted for concurrent review with Preliminary Development Plans for one or more of the planned phases of development. The Conceptual Development Plan shall comply with the application requirements established in Appendix A. If a portion of an Applicant's landholdings are intended to remain in agricultural production for the foreseeable future, the Director may waive Conceptual Development Plan content requirements for those areas. (D) Completeness. The Planning Director shall review the application and shall determine if the application is complete pursuant to the provisions of section Error! Reference source not found.. Upon finding that the application is complete and consulting with the TRC, the Planning Director shall prepare a report making findings and recommendations on the application and authorize notice to be provided in accordance with section Error! Reference source not found.. (E) Planning Board Action. The Planning Board shall conduct a legislative hearing and approve or conditionally approve the Conceptual Development Plan if it finds that the following criteria are satisfied. (F) Criteria (1) The Conceptual Development Plan conforms to all applicable provisions of this UDO; (2) The Conceptual Development Plan represents an overall Development Pattern that is consistent with the goals and policies of the Comprehensive Plan, Official Zoning Map, Capital Improvements Program, and any other applicable planning documents adopted by the Town; (3) The proposed Development is appropriate for the area of the Town in which it is located; and (4) The proposed Development will not generate the need for inefficient extensions and expansions of public facilities, utilities and services. (G) Effect of Approval (1) Approval of a Conceptual Development Plan constitutes acceptance that the proposed type, density and intensity of land use; the classification and arrangement of streets; the proposed phasing plan; and the nature of utility service proposed are consistent with the Comprehensive Plan. (2) The approval of the Conceptual Development Plan shall not expire as long as the Development proceeds in accordance with the phasing plan. At such time as the Development lags one (1) year behind the approved phasing plan, the approval shall expire unless the Applicant submits a written request for the extension and continuance MRD-01-14 Planning Board July 2014 Page 2 of 11

of the Conceptual Development Plan. Approval of any such extension request shall be automatic one time only for a period of twelve (12) months. Subsequent extensions to the Conceptual Development Plan shall require approval of the Planning Board. (3) Conceptual Development Plan approval does not ensure approval of a Preliminary Development Plan involving a substantially different concept, failing to meet specific requirements of these regulations, or failing to satisfy conditions of Conceptual Development Plan approval. Approval does not comprise any vesting of Development rights or any assurance that permits of any kind will be issued. (H) Denial and Appeal. If the Planning Board finds that the Conceptual Development Plan fails to meet the criteria established in the section, it shall deny the Conceptual Development Plan application. The Applicant may appeal such denial to the Town Council. The petitioner has supplied a narrative that provides details of the Conceptual Development Plan as it applies to the subject property. Please see attachments. The details provided discuss pedestrian connectivity, landscaping, open space, stormwater, utility service, buffers/setbacks, architectural character, and signage. The Future Land Use Map in the 2010 Comprehensive Long Rang Plan (CLRP) update shows this area planned as Traditional Mixed Use which is described on page 4.6: o The Traditional Mixed Use overlay applies to those larger, mostly undeveloped parcels well-suited to mixing residential and non-residential uses in a manner similar to that found in downtown Southern Pines. This designation applies to the Morganton Road area and to the Pine Needles area, identifying these as likely spots for mixed-use including an interconnected street network as found in traditional town development. No development intensity is necessarily implied by this designation. It simply indicates that such areas will be built to urban levels, will incorporate a variety of uses and will have a street network accommodating multiple modes of travel beyond the automobile. Attachments: GIS Aerial Maps Site Plan Review Application Narrative Adjacent Property Owners Overall Illustrative Plan Public Workshop Report Public Workshop Sign-In Sheet Legal Notices CLRP Future Long Range Plan Map MRD-01-14 Planning Board July 2014 Page 3 of 11

The Planning Board shall vote on whether the proposed Conceptual Development Plan and the proposed Preliminary Development Plan is consistent with Comprehensive Long Range Plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board may make one of the following motions or any alternative they wish. Note: the Planning Board is the approving body for Conceptual Development Plan and the application will not go to the Town Council unless the decision is appealed. I move that: 1. The proposed Conceptual Development Plan is consistent with those documents that constitute the officially adopted land development plan and other applicable plans; or 2. The proposed Conceptual Development Plan is not consistent with the documents that constitute the officially adopted land development plan or other applicable plans, in that.. I move to: 1. Approve MRD-01-14; 2. Deny MRD-01-14; OR 3. Approve MRD-01-14 with the following additional conditions MRD-01-14 Planning Board July 2014 Page 4 of 11

This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). MRD-01-14, Morganton Park Request for Conceptual Development Plan Approval, property adjacent to W. Morganton Rd., Bob Koontz, Petitioner MRD-01-14 Planning Board July 2014 Page 5 of 11

This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). MRD-01-14, Morganton Park Request for Conceptual Development Plan Approval, property adjacent to W. Morganton Rd., Bob Koontz, Petitioner MRD-01-14 Planning Board July 2014 Page 6 of 11

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Future Land Use Map: Morganton Park North This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). = Subject Property MRD-01-14 Planning Board July 2014 Page 11 of 11

Agenda Item To: Via: From: Subject: Planning Board Bart Nuckols, Planning Director Chris Kennedy, Planner MRD-02-14, Pavilion at Morganton Park; Request for Preliminary Development Plan Approval; Morganton Park North, property adjacent to W. Morganton Rd., Kuester Companies, Petitioner Date: July 24, 2014 MRD-02-14, Pavilion at Morganton Park; Request for Preliminary Development Plan Approval; Morganton Park North, property adjacent to W. Morganton Rd., Kuester Companies, Petitioner On behalf of petitioner Kuester Companies, Mr. Bob Koontz of Koontz Design is requesting Preliminary Development Plan approval for a 2.52 acre site on the east side of the intersection of the northern portion of Brucewood Road and W. Morganton Road. The proposed project is named the Pavilion at Morganton Park and consists of a mixed use development including retail, restaurant, and office land uses. The proposed structure will be 24,000sf. This project is a part of the Morganton Park North development. The property is identified by the following: PIN: 857100498818 (PARID: 00037588). Per the Moore County Tax records, the property owner(s) are listed as Robert W. and Julie M. Van Camp. The subject property is on the north side of W. Morganton Road. Staff Comments: The proposed development is a total of 2.52 acres of the 96.44 acre tract for Morganton Park North. o Overall Site: +/- 2.17 acres o Right-of-Way: +/- 0.35 acres The proposed building is 24,000sf o 12,000sf for retail or restaurant on the bottom level and 12,000sf for office on the second level The property is within the PD (Planned Development) zoning classification. The property lies within the Urban Village Highway Corridor Overlay. The proposed plan is compliant with all dimensional standards and requirements applicable to the site within the UDO. The Planning Board is the recommending body for Preliminary Development Plans. The Planning Board shall conduct a legislative hearing and recommend to approve or conditionally approve the Preliminary Development Plan if it finds that the required criteria are satisfied. MRD-02-14 Planning Board July 2014 Page 1 of 14

Once a recommendation from the Planning Board has been issued, the Town Council hold a public hearing regarding the request for Preliminary Development Plan approval. Per Section 2.18.5 the Preliminary Development Plan shall address Section 2.18.5(A) and meet the criteria established in Section 2.18.5(H). 2.18.5 Preliminary Development Plan (A) Purpose. The purposes of the Preliminary Development Plan are to demonstrate that: (1) The proposed land use mix and intensity are consistent with the Comprehensive Plan, the purposes of the PDD and the approved Conceptual Development Plan, if applicable; (2) Proposed system of streets, trails and greenways are consistent with this UDO, as well as the mobility needs of the Town and the proposed development; (3) The proposed development is consistent with the ability to provide and maintain public facilities and services on which the development, area and Town depend; (4) The proposed development is well integrated with the protection of natural features, including Watersheds, woodlands and other natural features; and (5) The proposed Development Patterns and products are compatible with the character and vitality of the neighborhood and community. (B) Applicability. A Preliminary Development Plan is a mandatory step in the process for PDD approval and shall be required to show all contiguous land holdings and the detailed Development Patterns for the portions that are proposed to be developed. Preliminary Development Plan and Conceptual Development Plan approval are not required if the property has a valid approval of a Conceptual Master Plan and zoning under the prior PD, PUD or MU development process. (C) Preliminary Development Plan Process Overview. The approval process and typical timing Preliminary Development Plan approval are summarized in Exhibits 2-8 and 2-9. Actual timing may vary based on the date of submittal and scheduled hearing dates. (D) Initiation. The Preliminary Development Plan application shall be filed with the Planning Director. The Preliminary Development Plan shall comply with the application requirements established in Appendix A, which combine and supplement the requirements for Zoning Map amendments and Preliminary Plat approval. The application shall include renderings illustrating the proposed Development Patterns and architectural character of development. (E) Completeness. The Planning Director shall review the application and shall determine if the application is complete pursuant to the provisions of section Error! Reference source not found.. Upon finding that the application is complete and consulting with the TRC, the Planning Director shall prepare a report making findings and recommendations on the application and authorize notice to be provided in accordance with section Error! Reference source not found.. (F) Planning Board Action. The Planning Board shall conduct a legislative hearing and recommend approval, conditional approval or denial of the Preliminary Development Plan. (G) Town Council Action. The Town Council shall conduct a legislative hearing and approve, conditionally approve or deny the Preliminary Development Plan based on the following criteria. (H) Criteria (1) The application demonstrates that it will achieve the purposes of the PDD and this section; MRD-02-14 Planning Board July 2014 Page 2 of 14

(2) The Preliminary Development Plan is consistent with the Conceptual Development Plan and conforms to all applicable provisions of this UDO; (3) The Preliminary Development Plan represents an overall Development Pattern that is consistent with the goals and policies of the Comprehensive Plan, Official Zoning Map, Capital Improvements Program, and any other applicable planning documents adopted by the Town; (4) The proposed PDD satisfies the criteria for a zoning map amendment established in this chapter; (5) The proposed Preliminary Plat accompanying the PDD application satisfies the criteria for Preliminary Plat approval established in this chapter; (6) The proposed Development is located in an area of the Town that is appropriate; and (7) The proposed Development will not cause the need for inefficient extensions and expansions of public facilities, utilities and services. (I) Effect of Approval (1) Approval of a Preliminary Development Plan shall constitute acceptance of the general land-use mix, range of Development types and intensities, street patterns, drainage patterns, Lot patterns, parks and open space, and pedestrian and bicycle trails. (2) Action on the Preliminary Development Plan may include approval of the Preliminary Plat for subdivision of all or a portion of the proposed Planned Development. Conditional Use Permit approval is not required for a subdivision approved in conjunction with a PDD application. (3) Action on the Preliminary Development Plan may include approval of a Conversion Schedule providing for the substitution of certain land uses for other land uses. The Conversion Schedule shall be based on relative peak hour trip generation, peak parking demand and other impacts affecting the function of on- and off-site infrastructure and land use compatibility. (4) Action on the Preliminary Development Plan may include approval of the PDD zoning, the conditions of which shall be met and the effective date established for the date of Final Development Plan approval. (5) If sufficient certainty and information exists during the Preliminary Development Plan phase, Applicant or the Planning Director may request Final Development Plan impact assessment requirements be considered. The petitioner has supplied a narrative that provides details of the Preliminary Development Plan as it applies to the subject property. Please see attachments. The details provided discuss pedestrian connectivity, parking areas, streets and access, landscaping, open space, stormwater, utility service, buffers/setbacks, architectural character, and signage. The Future Land Use Map in the 2010 Comprehensive Long Rang Plan (CLRP) update shows this area planned as Traditional Mixed Use which is described on page 4.6: o The Traditional Mixed Use overlay applies to those larger, mostly undeveloped parcels well-suited to mixing residential and non-residential uses in a manner similar to that found in downtown Southern Pines. This designation applies to the Morganton Road area and to the Pine Needles area, identifying these as likely spots for mixed-use including an interconnected street network as found in traditional town development. No development intensity is necessarily implied by this designation. It simply indicates that such areas will be built to urban levels, MRD-02-14 Planning Board July 2014 Page 3 of 14

will incorporate a variety of uses and will have a street network accommodating multiple modes of travel beyond the automobile. Attachments: GIS Aerial Maps Site Plan Review Application Narrative Morganton Park North Conceptual Development Plan Pavilion at Morganton Park Illustrative Site Plan Site Plan CLRP Future Land Use Map The Planning Board shall vote on whether the proposed Preliminary Development Plan is consistent with Comprehensive Long Range Plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board may make one of the following motions for recommendations or any alternative they wish: I move that we advise that: 1. The proposed Preliminary Development Plan is consistent with those documents that constitute the officially adopted land development plan and other applicable plans; or 2. The proposed Preliminary Development Plan is not consistent with the documents that constitute the officially adopted land development plan or other applicable plans, in that.. I move to recommend to the Town Council: 1. The approval of MRD-02-14; 2. The denial of MRD-02-14; OR 3. The approval of MRD-02-14 with the following additional conditions MRD-02-14 Planning Board July 2014 Page 4 of 14

MRD-02-14, Pavilion at Morganton Park Request for Preliminary Development Plan Approval This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). MRD-02-14 Planning Board July 2014 Page 5 of 14

MRD-02-14, Pavilion at Morganton Park Request for Preliminary Development Plan Approval This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). MRD-02-14 Planning Board July 2014 Page 6 of 14

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Future Land Use Map: The Pavilion at Morganton Park North This map was created by the Tow n of Southern Pines Planning Department. The Town of Southern Pines, its agents and employees make NO warranty as to the correctness or accuracy of the information set forth on this media whether expressed or implied, in fact or in law, including without limitation the implied warranties of merchantability and fitness for a particular use. Any resale of this data is strictly prohibited in accordance with North Carolina General Statute 132-10. Grid is based on North Carolina State Plane Coordinate System NAD 83 (feet). = Subject Property MRD-02-14 Planning Board July 2014 Page 14 of 14