Orange County NC Website
• . <br /> 074 <br /> 4 <br /> The final negative finding concerns the maximum <br /> floor area ratio which is exceeded 3%. Staff <br /> recommendation on this is to reduce the average <br /> dwelling size to 2475 sq. ft. to bring this project <br /> into compliance. <br /> Mayor Massif inquired as to how the public hearing <br /> was being held if the applicant was not in <br /> compliance with the Ordinance. <br /> Collins stated that the applicant can request a <br /> modification . Such a modification can be made by <br /> the Board of Commissioners under section 7.3 of <br /> the article dealing with Planned Developments. In <br /> this case, the maximum floor ratio and sight <br /> distance requirements could be allowed by either <br /> graphic changes to the site plan or additions <br /> attached to the approval of the application . <br /> Mayor Massif again questioned as to the order in <br /> which the County reviews exemption requests before <br /> allowing an application for Planned Development to <br /> be presented for Public Hearing. He indicated we <br /> are dealing with an development that does not <br /> comply with the Ordinance. <br /> Gledhill stated the 100' buffer can be altered by <br /> the Board of County Commissioners if it finds as <br /> part of its process that the applicant 's proposed <br /> buffer meets the public safety and welfare <br /> requirements to an equal or greater degree. The <br /> way the County has handeled this is that it is <br /> considered as part of the public hearing process . <br /> This applicant has a proposal for buffering in the <br /> area where they have not met the 100 ' requirement . <br /> They are going to try to persuade you that they <br /> have satisfied the purpose behind the 100' buffer <br /> requirement to an equal or greater degree . The <br /> purpose of that 100' buffer requirement is to <br /> separate the different intensity uses. The Board's* <br /> function in this process is to determine if the <br /> applicant 's proposal satisfies the intent for the <br /> 100' buffer requirement to an equal or greater <br /> degree. You should do that as part of your <br /> deliberating process. The applicant is going to <br /> demonstrate that their idea is better for the <br /> project. With respect to the sight distance <br /> requirements and ratio requirements, these may not <br /> be modified and, therefore, the applicant must <br /> comply . <br /> • <br />