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16 <br /> 404 <br /> 405 Keith Brown- As the declarant, our goal and the responsibility that I have is, with the partnership <br /> 406 with the Snipes family, is to sell the lots. We are not trying to retain them. Any that have not <br /> 407 been sold are managed by the HOA. <br /> 408 <br /> 409 Tyler Sliger finished his presentation. <br /> 410 <br /> 411 MOTION BY Melissa Poole to approve the petition to amend the Orange County Zoning Atlas to <br /> 412 rezone approximately 190 acres at 4801 and 4901 Dairyland Road from AR (Agricultural <br /> 413 Residential) to R-CD (Residential Conditional District) in accordance with section 2.9.1 C of the <br /> 414 UDO with the following conditions: the developer will add a privacy fence with "no trespassing" <br /> 415 signs delineating the property of the adjacent neighbor, Beth Muirhead, erected at PIN <br /> 416 9841734586, the developers will make the buyers aware of a nearby shooting range and noise. <br /> 417 Seconded by Lamar Proctor. <br /> 418 MOTION PASSED UNANIMOUSLY <br /> 419 <br /> 420 <br /> 421 AGENDA ITEM 9: ZONING ATLAS AMENDMENT (CONDITIONAL DISTRICT) -To <br /> 422 review and make a recommendation to the BOCC on an applicant-initiated zoning atlas <br /> 423 amendment to rezone an 84.9-acre parcel from R-1 (Rural Residential) to MPD-CD (Master <br /> 424 Plan Development Conditional District). <br /> 425 <br /> 426 The parcel is located near the intersection of Lawrence Road and US Hwy 70A in the Eno <br /> 427 Township (PIN 9883-19-4355); it does not have an assigned address. This item is scheduled for <br /> 428 BOCC public hearing on May 16, 2023. <br /> 429 <br /> 430 <br /> 431 Cy Stober, Planning & Inspections Director, gave a brief description and background of the item <br /> 432 as well as an explanation of the rezoning process. <br /> 433 <br /> 434 Cy Stober- 160D.605 does make it clear that traffic impacts and level of service impacts to the <br /> 435 surrounding transportation network, cannot be a consideration for a zoning determination. I want <br /> 436 to make that very clear right now. <br /> 437 <br /> 438 Beth Bronson-We cannot discuss traffic ... <br /> 439 <br /> 440 Cy Stober- You can discuss it, but per state law, you can't deny or approve it based on traffic. It <br /> 441 cannot be the basis of a zoning decision. <br /> 442 <br /> 443 Beth Bronson- Thank you for making that clarification. <br /> 444 <br /> 445 Chris Johnston- Can we just get clarification again that that is a state law and is not something <br /> 446 that Orange County has done, right? Those guidelines are provided to us by the state... <br /> 447 <br /> 448 Cy Stober- Yes, it is in Article 7 of the NC General Statute 160D. <br /> 449 <br /> 450 Lamar Proctor- To clarify, what is before us is the entire rezoning plan as presented by the <br /> 451 applicant which includes two schools as well as the ball fields and the other facilities. So, it is a <br /> 452 site-specific plan, and we have to approve the conditions or deny based on that site specific <br /> 453 plan? <br /> 454 <br />