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7 <br />2. Non-satisfactory Completion of Phase I, II, and III Elements: <br />a) Mr. Buck asks if all the elements of Phases I, II, and III `are deemed <br />satisfactory in relation to the total development' in accordance with <br />Section 50-199 (a) of the Orange County Ordinance. <br />Staff Comment: There are still items that will have to be completed in the <br />earlier phases (i.e. Phase I and 2A) before the entire Development is <br />completed; Churton Grove LLC is aware of this. Churton Grove LLC's <br />stated intent is to finish all of the uncompleted work remaining in earlier <br />phases when construction of the infrastructure in Phase IV and multi- <br />family phase neared completion. Phase IV will be platted within a month <br />and the next section of the multi-family phase will be approved in the near <br />future. It is Staff's expectation that Churton Grove, LLC, will complete the <br />unfinished work as it has indicated. <br />3. Inadequate Amount of Open Space: <br />a) Mr. Buck asks if the recorded/proposed site plans referenced within the <br />recorded SUP comply with Section 46-82 (c) (1) specifically, of the Orange <br />County Subdivision regulations. <br />Staff Comment: The open space platted, or to be platted, will comply <br />with the SUP-specified open space. The section that Mr. Buck references <br />is apparently in the Flexible Development section of the Subdivision <br />Regulations. Flexible Development had not been adopted at the time of <br />the approval of the rezoning of Churton Grove. Therefore, none of the <br />Flexible Development guidelines are applicable. <br />With respect to Mr. Buck's contention that `Open Space C' within Phase <br />2A, was lost, the original Phase 2A plat submitted by the developer <br />showed 79 lots. The number of SUP-approved lots in Phase 2A was 78 <br />lots. Staff stated that one of the lots would have to be removed. The <br />developer chose to designate one of the lots as `Open Space C' in order <br />to avoid having to pay for additional fieldwork and re-platting expense, all <br />with the understanding that he would be able to plat the lot later for <br />development. The developer retained ownership of the open space lot <br />and the two adjacent lots until the Open Space C lot was later re-platted. <br />The plat reference by Mr. Buck was the `swapping' of a Phase 2A platted <br />lot at the northwest corner of Ainsworth Boulevard and North Scotswood <br />Boulevard for the Open Space C lot. The lot on the corner of Ainsworth <br />Boulevard was recombined back into Phase 3 and then was recorded as a <br />part of Phase 3. There was no open space acreage `lost' because there <br />was no requirement for open space at that location. <br />4. Use of off-site Conservation Areas to meet Open Space requirements: <br />Churton Grove adheres to the required open space set forth in the SUP; <br />therefore off-site conservation areas are not applicable to this project. <br />[For future informational purposes, with regard to the off-site conservation <br />of open space, there are provisions in the flexible development section of <br />