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192 <br /> 305 Dan Jewell- I wanted to clarify, I think this is a relatively new process for you, this conditional <br /> 306 zoning, what it means is what we are showing on the plan and representing on the plan, is what <br /> 307 we have to do. That is codified and if we haven't shown things on the plan, then my <br /> 308 understanding is that we are not allowed to do that unless we come back for another rezoning. <br /> 309 Staff might want to confirm that but that's our understanding about how a conditional zoning <br /> 310 works. What you see is what we must do. <br /> 311 <br /> 312 Beth Bronson- If you make any changes to the conditions that you have laid forth, you need to <br /> 313 come back and do rezoning. <br /> 314 <br /> 315 Keith Brown- It would be more prudent on our part to figure it all out before we get going. <br /> 316 <br /> 317 Statler Gilfillen- Question of clarification, you have made commitments to do certain things <br /> 318 verbally, is that a legally binding situation for our approval? <br /> 319 <br /> 320 Cy Stober- You have 4 options for voting this evening. One is to vote to recommend approval to <br /> 321 the commissioners, one is to vote to recommend denial, to recommend approval with <br /> 322 conditions, and to recommend to Commissioners that you need more time to deliberate. Those <br /> 323 are the four options so if you wish to include the conditions put forth this evening, which could <br /> 324 be part of your motion. <br /> 325 <br /> 326 Beth Bronson- Was that what you were going to say before? <br /> 327 <br /> 328 Cy Stober- I was going to clarify a critical piece of conditional zoning is the site-specific plan. <br /> 329 The site plans that are in your packet and on the screen are binding. That includes what you <br /> 330 see and what you don't see. Any new structures, or any new elements that would require a <br /> 331 permit from the county would require, if its not already shown on this plan, a rezoning and it <br /> 332 would have to go back through a public hearing. <br /> 333 <br /> 334 Beth Bronson- This being the final plan. <br /> 335 <br /> 336 Cy Stober- That's correct. <br /> 337 <br /> 338 Beth Bronson- Would this be the final covenant as well? <br /> 339 <br /> 340 Cy Stober-The county does not regulate covenants. They would be recorded with the final plat <br /> 341 but that is a private matter for the property owner and anyone purchasing lots on that property. <br /> 342 <br /> 343 Chris Johnston- How many lots will you retain ownership of, do you have a rough idea on that? <br /> 344 <br /> 345 Keith Brown- As the declarant, our goal and the responsibility that I have is, with the partnership <br /> 346 with the Snipes family, is to sell the lots. We are not trying to retain them. Any that have not <br /> 347 been sold are managed by the HOA. <br /> 348 <br /> 349 Tyler Sliger finished his presentation. <br /> 350 <br /> 351 MOTION BY Melissa Poole to approve the petition to amend the Orange County Zoning Atlas to <br /> 352 rezone approximately 190 acres at 4801 and 4901 Dairyland Road from AR (Agricultural <br /> 353 Residential) to R-CD (Residential Conditional District) in accordance with section 2.9.1 C of the <br /> 354 UDO with the following conditions: the developer will add a privacy fence with "no trespassing" <br /> 355 signs delineating the property of the adjacent neighbor, Beth Muirhead, erected at PIN <br />