5-a - Zoning Atlas Amendment - Conditional Zoning – Master Plan Development Conditional Zoning District (MPD-CZ) Settlers Point

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through the federal government. 111 112 Michael Harvey showed an image provided by the applicant that indicates where the100-foot buffer is to be located. He 113 reviewed that the applicant is proposing no breaks in the buffer for District 1. He noted that District 3 had been removed from 114 the proposal completely. In District 2, the applicant is allowed to create visual breaks in the MTC buffer. The developers plan 115 to stick to the 50 percent breaks. The image indicated where the intermittent breaks would be located. 116 117 Patricia Roberts asked whether 50 percent breaks is an Orange County law. Michael Harvey answered yes. 118 119 Kim Piracci noted the breaks are 50 percent of width (along the border of the property) and not in depth. Michael Harvey 120 affirmed that. He said the Orange County Board of Commissioners has expressed some concern that the applicant is also 121 proposing to do some selective clearing within the MTC buffer for utility infrastructure and roadway networks. This will be 122 discussed more in this review. 123 124 Paul Guthrie asked whether there is any knowledge of long-term expansion of I-40 in that area. Michael Harvey said 125 expanding has to occur in the 300-foot right of way unless the federal government procures more land. There is talk of 126 expanding I-40 into three lanes as it is in Durham. He believes that can be accommodated with the existing right of way. 127 128 Michael Harvey said on Page 13, the first condition up for discussion is Condition 6, contained in Attachment 7, granting 129 Orange Rural Fire Department denial authority. The applicant has indicated they don’t mind the fire department being a review 130 party but they don’t think the fire department should have power to deny the application. Instead, the applicant suggests the 131 power to deny the application be left to the fire marshals from the Town of Hillsborough and Orange County. The Orange 132 County Board of Commissioners has requested this board’s opinion on whether Orange Rural Fire Department should have 133 denial authority. Typically, fire departments review such applications but do not have authority to deny them, Michael Harvey 134 said. 135 136 Tony Blake said the intent was they be included in the review but not have approval or denial. The main thing is they be 137 involved. Michael Harvey asked for a show of consensus to modify the condition to allow Orange Rural Fire Department to 138 have review but not denial authority. 139 140 MOTION by Randy Marshall that Orange Rural Fire Department have a review but not action to approve or deny the 141 application. Seconded by Hunter Spitzer. 142 VOTE: Unanimous 143 144 Michael Harvey continued with the presentation. He reviewed the next condition to be discussed involves the MTC 145 buffer. The applicant does not propose any disturbance breaks in District 1, which is the industrial district. The 146 applicant had asked for clearing 60 percent of the buffer instead of 50 percent in District 2. The Orange County Board 147 of Commissioners expressed reservation about allowing the additional clearing. The applicant has since submitted to 148 staff that they will abide by the ordinance allowing clearance of 50 percent of the buffer. They have delineated a 149 clearing limited to 50 percent. They are not limited due to the clearing associated with the utility easement. Regarding 150 additional allowances for modifications to the MTC buffer, the applicant has shown a 100-foot buffer going up to the 151 utility easement and then the applicant is asking for a variable width MTC buffer instead of 100 feet. Based on the 152 narrative reviewed at the Oct. 4, 2017, Planning Board meeting and the public hearing, the MTC buffer would be 153 cleared for accesses and stormwater feature construction. The Planning Board is asked to give feedback on the 154 proposed variable width of the MTC buffer, proposed to be 50 feet instead of 100 feet in some places. 155 156 Kim Piracci asked for clarification because she is unclear why it’s sometimes 50 feet and sometimes 100 feet. 157 Michael Harvey answered the variable width would be to accommodate an access road, parking and a stormwater 158 feature. 159 160 Paul Guthrie asked if the buffer is intended to be a sound buffer and a visual buffer. Michael Harvey answered right 161 now it serves as both but it borders a major highway and there are already significant breaks in the buffer, including 162 the interchange, which allows sound to travel. While the Orange County Board of Commissioners realized allowing 163 50 percent breaks in the buffer would have a sound impact, they also understood that it allowed marketing of the site. 164 165 76