Agenda - 06-11-1985 - Laserfiche WebLink

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2 boundaries and situated between Sunrise Road (SR 1732), 1-40 and Weaver Dairy 0 Road (SR 1733). The purpose of the request is to allow development of a planned single-family residential community composed of 108 lots. The 19.2 acres located in the Town of Chapel Hill's jurisdiction is zoned R-2 and the applicant is presently pursuing subdivision approval for this parcel for 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 Land Use Plan. That designation allows the consideration of application for 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 development standards must be met and 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 required 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 in compliance 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 compliance and those areas where the applicant is requesting a modification of the 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 finding relates to the requirement for a 100-foot open space to be provided along the perimeter of a PD-H 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 1-40 right-of way and vegetated buffers of 30' and 50' 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 recommendation on this is to reduce the average dwelling size to 2475 sq. ft. to bring this project into compliance. Mayor Nassif 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 Caumissioners under section 7.3 of the article dealing with Planned Developments. In this case, the maximum floor ratio and sight distance requirements could be satisfied either by graphic changes to the site plan or conditions attached to the approval of the application. Mayor Nassif again questioned the order in which the County reviews exemption requests before allowing an application for Planned Development to be presented for Public Bearing. He 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 0 proposed buffer meets 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' requirement. They are going to try to persuade you that they have satisfied the purpose behind the 100' buffer requirement to an equal or greater degree. The purpose of that 100' buffer