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28 <br /> <br />does not see why leaving the buffer would be a burden, and the benefit to the residents is <br />obvious. <br />Chair Dorosin asked what will happen if this motion passes, and the Applicant does not <br />agree to it. <br />John Roberts said that portion of the ordinance would be invalid. <br />Michael Harvey said there is 1082 feet of MTC buffer that will remain at 100 feet, and <br />there is also the 100 foot buffer to the south of district 2. He said there is also a power line <br />easement, where there has already been some clearing to accommodate overhead power lines. <br />Commissioner Marcoplos said there was mention of some clearing that could occur on <br />the district one side that will not occur, and asked if this is accurate. <br /> Michael Harvey said the Applicant has indicated that it is not interested in clearing the <br />MTC buffer in district 1. <br />Commissioner Marcoplos said to add the two together, and take the net. <br />Michael Harvey said you are dealing with two different districts, and he would not want <br />to net the footage. He said district one has 2800 linear feet of frontage along the interstate that <br />will remain undisturbed. He said, by the code, the Applicant could clear 50% (1400 linear feet) <br />of that, which it is not. He said in district 2 there is 3082 of linear frontage, and the Applicant is <br />proposing to reduce 2000 linear feet of the buffer in width from 100 to 50 feet. He said doing so <br />eliminates 100,000 linear feet of required buffer. He said then the Applicant would clear the <br />additional visual breaks, allowed by the UDO, and re-vegetating the areas with shrubs (4-6 feet <br />in height) and canopy trees (12 feet in height). He said this can be found on page 169 of <br />attachment 11. <br />John Roberts said he reviewed the case law, and the scenario, as outlined by Chair <br />Dorosin, would invalidate the entire agreement, not just the one amendment. <br />Commissioner Burroughs said she has lived near I-40 for 20 years, and the amount of <br />buffer that Commissioner Jacobs is trying to save will not make any difference. <br />Commissioner McKee said the additional clearing in district 2 is offset by the lack of any <br />clearing in district one. <br /> <br />VOTE: Ayes, 2 (Commissioner Jacobs and Commissioner Price); Nays, 5 (Chair Dorosin, <br />Commissioner McKee, Commissioner Burroughs, Commissioner Rich, Commissioner <br />Marcoplos). <br /> <br />Motion failed. <br /> <br />A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to <br />adopt the Ordinance as amended as stated by Michael Harvey, and agreed upon by the <br />Applicant: amending the Zoning Atlas and imposing conditions (Attachment 11), as <br />recommended by the Planning Board and staff and agreed to by the applicant; or <br /> <br />VOTE: UNANIMOUS <br /> <br />6. Regular Agenda <br /> <br />a. Approval of Planned Mountains to Sea Trail Map/Route Through Orange County <br />The Board considered approving a map and planned route for the portions of the North <br />Carolina Mountains to Sea Trail (MST) within Orange County, as directed on December 12. <br /> <br />David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR) <br />Director, reviewed the following background information, and PowerPoint presentation: