Agenda - 11-14-2017 - D.1 - Zoning Atlas Amendment: Conditional Zoning —Master Plan Development

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13 STAFF COMMENT: Section 6.6.5 (A) (5) of the UDO reads as follows: Non-residential uses within Transition Areas, as designated by the Comprehensive Plan, may provide one break in the required buffer (i.e. the Major Transportation Corridor (MTC) buffer) per lot adjacent to the interstate right-of-way in order to provide an on-site commercial sign and/or building visibility. The break shall constitute no more than 50% of the interstate highway frontage. Staff recommends the 50% visual break limit be observed as detailed within the UDO for thinning activities along Old NC Highway 86 and Interstate 40. The applicant has agreed with the modification of the request to allow for 50% visual breaks consistent with the provisions of the UDO. • The applicant is requesting a modification of the Major Transportation Corridor(MTC) Overlay District for the project, specifically reducing the required 100 ft. buffer to 50 ft. in District 2. As part of this request, the applicant is proposing the following condition(s): o The applicant is required to submit a detailed buffer plan denoting the cross section of the buffer area and 1-40 area to be impacted. o Reduction of the MTC buffer shall be allowed only in those instances where the applicant can demonstrate sight lines from the interstate shall not be adversely impacted by the clearing of the MTC buffer. o Only 50 ft. of the required MTC buffer shall be disturbed, specifically the area 50 ft. from the Interstate. o Clearing of the MTC buffer shall be allowed only to facilitate development of access roads, parking lots, walkways, and stormwater facilities. o Where clearing occurs, the buffer shall be re-established to the specifications of a Type C Land Use Buffer as detailed in Section 6.8.7 of the UDO. o Buffer area shall be replanted to a minimum 50% of the disturbed buffer width except in those instances where utility services (i.e. power lines, stormwater facilities, water/sewer lines, etc.) prevent replanting. STAFF COMMENT: As a general reminder per Section 4.7.2 of the UDO, the MTC Overlay District extends along all Interstate Highways within the county. In those instances where there is an interchange, the District extends 2,500 ft. on each side of the intersecting roadway. In this specific instance the MTC Overlay District extends along Old NC Highway 86 from the Interstate 40 interchange for 2,500.ft (approximately half a mile). Staff is supportive the proposed condition(s), which will require re- establishment of cleared vegetation along identified roadways. Solid Waste: The applicant has indicated development within the project shall abide by the Orange County Solid Waste Management Ordinance. Analysis: As required under Section 2.9.2 (E) of the UDO, the Planning Director is required to: `cause an analysis to be made of the application' and pass that analysis on to the reviewing body. In analyzing this request, the Planning Director offers the following: