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ooo~.ti~ The following were sworn in for testimony: Flarvin Collins, Susan Smith, David Taylor, Roger Walden, Rang Smith, Alice Ingram, Ralph Cochran, and Fritz Brunson. Presentation was made by Planning Director Marvin Collins. The applicant, A7.lenton Realty, has requested a Planned Development Housing CPD-H) and Residential-2 (R-2) rezonir~ designation for 80.2 acres out of a 99.44 acre tract located contiguous to the Town of Chapel Hi11's northeast corporate boundaries and situated between Sunrise Road (SR 1732), T-40 and Weaver Dairy Road (SR 1733). The purpose of the request is to allow development of a planned single-family residential comanunity coanposed of 108 lots. The 19.2 acres located in the Town of Chapel Hill's jurisdiction is zoned R-2 ar~i the applicant is presently pursuing subdivision approval for this parcel far an additional 26 Lots. The property is known as Lot 17 of Map 17 and Lots 7 and 11 on Tax Map 25 in Chapel Hill Township. The properties located within an area designated Ten Year Transition in the Orange County Iand Use Plan. That designation allows the consideration of application far rezonings to any of the residential zoning districts (R-1 through R-13). The present zoning classification of the property is Residential-1. The requested designation is PD-H R-2, Residential 2. Certain develofanent star~ards must be met ark a Special Use Permit must be obtained by the development to proceed. Approval of the request would allow development of the property for single family residences on lots containing a minimum of 20.000 square feet. Collins referenced Article 8.2.2 and noted that if it is found that the project is in compliance with all recuired regulations and standards, the application must be approved unless it is found that it will not promote the public health, safety and general welfare, will not enhance or maintain the value of contiguous property or is not i.n caag~liance with the general plans for the County. He then referenced the findings of fact and pointed out the areas where Staff found that the applicant is not in compliar~e and those areas where the applicant is retiuesting a modification of tY:e ordinance provisions. The first negative finding relates to access to the site, including sight distances on all roads used for access. Access from Weaver Dairy and Sunrise Roads is shown and visibility triangles are provided on the plan, but sight distances are not indicated on the site plan. This funding could be resolved by simply making sight distance notations on the plat. The next negative fir~i.r~ relates to the requirement for a 100-foot open space to be provided along the perimeter of a F'D-Fi district. The applicant has requested waiver of the 100-foot open space requirement as provided in the narrative. Applicant proposes a 100 foot buffer along the T-40 rightrof way and vegetated buffers of 30' and 5D' in accordance with Chapel Hill buffer requirements on Sunrise and Weaver Dairy Roads respectively. The final negative finding concerns the maximum floor area ratio which is exceeded by 3~. Staff reccarmendation on this is to reduce the average dwelling size to 2475 sq. ft. to bring this project into compliance. Mayor Massif inquired as to how the public hearing was being held if the applicant was not in compliance with the Ordinance. Collins stated that the applicant can request a modification. Such a modification can be made by the Board of Coirnnissioners under section 7.3 of the article dealing with Planned Developaents. In t'~is case, the maximum floor ratio and sight distance requirements could be satisfied either by ~++ti+~ ~ nY~~++r+a~ +-n +hc ~, tc n1 an nr nnnrl i t ti nnp a~tarhavi to the ~t7:"trC~ 1 of 'tY:~