Statement written and presented by CCEC President Loyse Hurley before the Chatham County Board of Commissioners on September 18, 2006.
Re: Conditional Use Permit- Lee Moore Oil Company
Gentlemen:
Good evening. My name is Loyse Hurley and I live at 16 Matchwood in Pittsboro. Again, I am speaking as the President of Chatham Citizens for Effective Communities.
This permit application is flawed. Indeed, it is fatally flawed.
First, there’s a traffic assessment included in the Lee Moore Oil Company's packet. This traffic assessment is a sham. It is not current, it is based upon 10 year old data and doesn't include the completion of the15/501 widening project.
The application and the traffic assessment appear to be unrelated. Where is the sit down restaurant, the 20 pump gas station, the fast food restaurant and the residential development listed in the application? They are included in the traffic assessment. They have tried to up date the TIA with a letter, which includes a convenience store with a 20 pump gas station and a car wash. The application only lists a convenience store and has no mention of gas pumps or car washes. Ah! But wait! The 20 pump gas station is reduced to 10 pumps on page 15 of the traffic report along with the inclusion of 21 single family homes! Page 28 refers to 4 out parcels not just the 2 included in the application. This is not the usual caliber of Ramey Kemp and Associates. All of these discrepencies are based upon another concept of this commercial development, and all impact any traffic flow estimates. The elimination of these might even reduce the traffic impact, but how is anyone to know from this submission? You need a new Traffic Impact Analysis to evaluate this proposal.
Now, let’s address the traffic flow projections. This study used 1996 DOT background data. That was 10 years ago! Before approval of all the major developments in the area! Before 15/501 was widened! Ah! They do refer to the incomplete traffic improvement program for 15/501. That project took so long, I can sympathize with them. But you can not. A new traffic impact assessment is needed.
To go further, page 7 of this traffic assessment says “In order to account for the growth of traffic and subsequent traffic conditions at the build out year and the design year, future traffic projections are needed.” Isn't this the reason for the traffic report in the first place? They admit to this report being incomplete. We agree. On page 27 they say the levels of operation are not achievable without improvements to the intersection. Page 29 states that queues from the intersection of 15/501 and Smith Level Road could potentially extend back and block the intersection which would increase the delay time. Translation - major traffic jam. Pages 30 and 31 contain recommendations and refer to a six lane cross section for the main access to the development. All this based upon old data and the wrong description of the proposal. In order to meet findings 3 and 5, you need to have current information and not this garbage, a new TIA is needed.
Now let’s address the main access point of the proposed shopping center. Lee Moore Oil Company and the DOT entered into some type of a land swap about the driveway. It is common knowledge that Orange County is opposed to this development and the main entrance is in Orange County. A clever way around this problem. However, there is no permit about this driveway entrance included in the application. What good is a shopping center if you can't get into it?
Other aspects of this conditional use application include mention that this is in the compact community corridor. Untrue, your designation for a compact community stopped at Mann’s Chapel Road. It also includes the existing residential homes as part of this alleged “compact community”.
They are proposing commercial stores, but do not mention the location of any loading docks nor the times of day anticipated for deliveries. They do mention the storage of hazardous materials but give no indication of how these materials will be stored or any indication of how the environment will be protected. Inside storage or covered storage is needed, in case bags or drums rupture. This is in the WS-IV-PA for Jordan Lake. Biofiltration of the wastewater should be amended to include reductions of Nitrogen and Phosphorous because of the sensitivity of Jordan Lake to these elements. There is an un-named stream on the property. There are wet lands on the property. Yet, buffers for these areas are not addressed.
Three stormwater retention ponds are mentioned. They are supposed to contain 3.6 inches of rainfall. Last year, in July 2005 we had 4 inches of rain in one storm. During Hurricane Fran we had 10" in 2 days on top of 5" the previous week. They make the statement “Neighboring properties should not experience increases in peak run off, except in unusual rain events.” What do they mean by an unusual rain event? Hurricane Katrina?
In their fiscal report, they mention they plan to hire primarily Chatham County residents. Given the proximity to Orange County, how do they plan to exclude those residents? Is that even legal?
You, the Chatham County Board of Commissioners, need more information to meet the 5 findings for this application. Request this additional information, before sending it onto the already over-burdened Planning Board.
Thank you,
Loyse Hurley - President
