Orange County NC Website
aoo~~~ <br />County. She continued saying that everyone catranc~ in with a Planned <br />Development would have an equal opportunity whether they were r~oing for R-2 or <br />1~8 and no one would be penalized more than another. Cochran resporrJ~d he had <br />first propose:, a general 1~-2 rezoning ar,d not a Planned Development, as this <br />is essentially a subdivision am potential purchasers would not want to be <br />involved with a homeowners association, and was told that the Prti-!rd t~-as <br />reluctant to approve general rezonings due to loss of control. Pried on tYsis <br />judgment, tl-,e applicant then pursued a Planned Development, <br />Commissioner Willhoit responded that Staff noted it was possi)a].e to <br />vaaive the 100' buffet if a buffer of equivalent screening or impact were <br />pravic3.ed and he felt a backyard without a buffer was not equivalent to a 100' <br />buffer. Cochran respcr~]ed he ~•aas nets-er ].ec: to believe he needed a perimeter <br />buffer. 1t is really an open space requirement. <br />County Attorney Gledhill told the Toard aria Cr3uncil Members that the <br />provision in question is 7.14.3 a) 4. It is more co~].ex than just a 100` <br />buffer. He noted that the term "buffer" was incorrect. Where ycu hive a <br />PDH district ~~djoining another resider...tial district, the requirementsG of the <br />ac:jni..nina resi.denti.aJ. cistri.ct apply along the boundary; in lieu thereof, you <br />cnu] d 1-,ave a 100' open spare along the P1.?-f€ bour~3ary. That translates to aray <br />lots along the R-1 District k~avinq to be R-1; if they are not R-1, tl-~er, 4here <br />has to be 100' of open space between the PD-F; bourxlary and the R-1 zone. <br />Mayor Nassif asked if the open space requirement were a separate entity <br />and Gledhill resporx]ed i.t could be a setback within the lat. .He continued that <br />if an R-2 District were adjacent to an R-1 District, trere would be no such <br />requirement. <br />Commissioner Carey noted the change from R 1 to R-2 triggers the <br />re ,uiren~ent. <br />Corranissioner Marshall noted that after the more detailed e.°plarx'~ti_on sl;e <br />is even more convinced that this proposal seriou.s]y compromises the ger.•era]. <br />plan for the physical development of the County. <br />Gledhill responded that perhaps the perforniarace standard as used by the <br />Town of Chapel Hill for its buffer requirement might address the concern <br />regarding buffering one district-from another district. <br />Commissioner Carey asked Cochran if he were aware of the performance <br />• requirement under the ~nwn of Chapel Hi1]_'s Qrdinance and Cochran responded no. <br />Roger Waldon described the buffer requirements of the Town Qrdiru~r~e~ <br />noting that under the schedule of uses buffer requirements do not apply to <br />this type of major subdivisior_ application creating lots for single family <br />c~+.+ellings that adjoin vacant land zoned R--1, !~-2 or R-3. Buffers are required <br />hl;e.re tt-,e 'c.,rc•. is adjacent to a street or other more intensive uses. In, this <br />case the adjacent larx3 is ~ 2 and vacant. Larffers are required along Weaver <br />Aairy and Sunrise Road. Chapel Hill staff cad requested that Town buffer <br />starx3aras be applied in anticipation of annexation of the property into the <br />"'rv.:m's corporate lfmits. <br />Gordon asked if a buffer would be required rear the Potted Plant. Waldon_ <br />responded tY,e buffer requirement. apY:lie. to n~re intensive uses but not single <br />family property. <br />Cprhran requested that the Town buffer requirements apply to this <br />project. <br />A Council member questioned the availability of buildable areas or_ lots <br />3S, ~1 and E•Z F•~hich contain drainage easemer+.ts ~ Cochran responded dv,~i ling <br />units would have to be designed a_*,d located outside these easements. <br />