OCPB agenda 100417 - Laserfiche WebLink

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• The applicant is requesting authorization to thin existing vegetation along Old NC Highway 86 and Interstate 40 within District(s) 2 and 3 to create visual breaks in approximately 60% of the required buffer area. As part of this request, the applicant is proposing the following condition(s): o These areas shall only be utilized to develop stormwater retention ponds. o There shall be no permanent structure erected intended to provide a service consistent with the project (i.e. a commercial business). Structures acceptable for development within this cleared area shall be those intended to support stormwater retention operations (i.e. pump houses) or utility structures, o Disturbed vegetation will be replaced with indigenous, drought resistant vegetation that will achieve a height of six (6) feet within five (5) years. STAFF COMMENT: This is the minimum height that has to be achieved within the identified timeframe and does not constitute an overall height limitation on said vegetation. o Within the remaining area, the developer will ‘hand clear’ any existing vegetation of nuisance, scrub, or dead foliage so long as a minimum of fifty-four (54) trees per acre is maintained at all times. 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 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(s) 2 and 3. 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 I-40 area to be impacted. o Reduction of the MTC buffer shall only be allowed 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. o Clearing of the MTC buffer shall only be allowed when necessary 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 same. 256