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~OQ~25 application. Mayor Nassif again questioned the order in which the County r~riews exemption requests before allowing an application for Planned Develognent to be presented for Public Hearing. F?e indicated we are dealing with a development that does not comply with the Ordinance. Gledhill stated the 100' buffer can be altered by the Board of County Commissioners if it finds as part of its review process that the applicant's proposed buffer nets the public safety and welfare requirements to an equal or greater degree, The County has considered such requests as part of the public hearing process, This applicant has a proposal for buffering in the area where they have not met the 100' requirelner_t, They are going to try to persuade you that they have satisfied the purpose behind the 100' buffer requirement to an equal ar greater degree. The purpose of that 100' buffer requirement is to separate the different intensity uses. The Board's function in this process is to determine if the applicant's proposal satisfies the intent for the 100' buffer requirement to an equal or greater degree. You should do that as part of your deliberating process. The applicant is going to demonstrate that their idea is better for the project. With respect tv the sight distance requirements and ratio requirements, these may not be modified and, therefore, the applicant must comply. Mayor Massif questioned haw the Boards could proceed with a public hearing if a project was not in compliance with the Ordinance? Gledhill respor~ed that they vrould have to ask for a. waiver of the requirements or the Boards can review the proposal awl include compliance or modification as an corx9ition of approval. Tn this case, the applicant's layout may have led the planning staff to make assumptions about each lot in the subdivision that are: not correct, what we are going to determine based on the evidence presented here tonight is whether those two requirements are met by the applicant arr3 to determine if they are not and whether it can be addressed by imposing special cor~7itions. Mayor Nassif asked if he had a project to present to the County if he could subQnit the project a~ not necessarily ccanply with the stipulations or the Ordinances and still come before tY:e Board ark prove that, even though he does not comply, he has a good project. Ts tl^,at the typical way the County vrould consider it? Gledhill stated that usually when the applicant does not fulfill all the requirements, the application is returned to the applicant as incomplete, Fie irx7icated that the sight distances had likely been an oversight. Collins responded that when the applicant addressed the sight dfstance requirements in this particular situation, the applicant had reviewed the proposal with the Department of Transportation and the plan was revised to reflect ~ I]CfP sight distance requirements. Staff realizes the applicant has complied with I~O~` requirements. Collins stated the planning staff felt the buffer modification is justified. Aiscussion followed regarding buffer requirements for the Town of Chapel Hill and their application to future development of adjacent properties. Collins stated he felt a I00' buffer was excessive for this subdivision. Shirley Marshall stated she felt there needs to be a c~nbined Land Use Plan for the Joint Planning Area where the town. would have the decision- making capability.