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321 <br />McKee Road (SR 1534). The tract has direct access on McKee and is <br />bordered by residential development and vacant land. Four (4) lots are <br />proposed out of 11.4 acres. The Land Use Plan Designation is Agricultural <br />- Residential. The Planning Board has recommended approval of the <br />Preliminary Plan. <br />Motion was made by Commissioner Willhoit, seconded by <br />Commissioner Carey to approve the recommendation of the Planning Board. <br />VOTE: UNANIMOUS. <br />4. CAROLINA FOREST SUBDIVISION <br />Marvin Collins presented for consideration of approval the <br />Preliminary Plan for the division of Tract ~6 -- Carolina Forest Phase II, <br />property of Edward and Lita Pascarella. The property is located in Chapel <br />Hill. Township on the west side of Damascus Church Road (SR 1940). The <br />tract is bordered by residential development and wooded land. The tract <br />has direct access on Damascus Church Road. Two lots are proposed out of <br />11.59 acres. The zoning of the property is Rural Residential (R--1) with <br />an overlay zoning designation of University Lake Protected Watershed (PW- <br />II). The Land.Use Plan designation is. Rural Residential (Rural Suffer) <br />and University Lake Watershed. The Planning Board recommended approval of <br />the Preliminary Plan on November 17, 19$6 contingent upon the following <br />condition: <br />Submission of payment-in--lieu for two (2) lots based on <br />recommendation of the Recreation Director. Payment-in-lieu would be equal <br />to 2/35 or .0.057 acres x $5,115 per acre = $291.00. <br />Motion was made by Commissioner Willhoit, seconded by <br />Commissioner Carey to approve the Planning Board recommendation. <br />VOTE: UNANIMOUS. <br />5. RE VEST TO DELAY LEGAL PROCEEDINGS <br />Marvin Collins presented for consideration a request from Mr. <br />Elkins and Attorney John McCormick to delay legal action, which was <br />authorized by the Board on September 16, 1986, against Mr. Benjamin <br />Elkins, owner operator of Carolina Sport Art Center until such time as the <br />Board of Adjustment has an opportunity to review his application far a <br />class B Special Use Permit at its January 12, 1987 meeting. <br />Lynn Keiser presented a petition with 99 signatures thereon. The <br />petition is stated below: <br />"We, the parents of children attending classes at Carolina Sport <br />Art, recognizing the benefits of these classes to the health and well- <br />being of our children, respectfully request the Orange County Board of <br />Commissioners to allow Carolina Sport Art to remain in operation while its <br />applications for non-profit status and a special use permit are under <br />consideration." <br />Mr. John McCormick, representing Mr. Elkins, asked that the <br />Board allow Carolina Sport Art to continue with their activities during <br />the proceedings of the Board of Adjustment. He stated that if the <br />decision is that Mr. Elkins will not be allowed to operate that he will <br />voluntarily cease operations at that time, requiring no action on the part <br />of the Board or County Attorney. <br />Motion was made by Commissioner Carey, seconded by Commissioner <br />Halkiotis to delay legal proceedings against Mr. Elkins until the first <br />regular meeting in February. At that time, legal proceedings may be <br />dropped if the application is approved by the Board of Adjustment, or if <br />not approved, could be initiated again without further Board action <br />VOTE: UNANIMOUS. <br />6. MORATORIUM ON LANDSCAPING STANDARDS <br />Marvin Collins presented for Board consideration a request to <br />