Orange County NC Website
26 <br /> 1 Second Action — The Planning Board reviews the application at a regular meeting and <br /> 2 makes a recommendation to the BOCC. <br /> 3 Staff Comment. The Planning Board reviewed this application at its regular <br /> 4 meeting on April 5, 2023. <br /> 5 <br /> 6 Third Action—The BOCC receives the Planning Board and staff recommendations at an <br /> 7 advertised public hearing and makes a decision on the application. <br /> 8 Staff Comment—The public hearing is scheduled for May 2, 2023. <br /> 9 <br /> 10 Per Section 2.9.1 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part <br /> 11 this process only if they address: <br /> 12 a. The compatibility of the proposed development with surrounding property, <br /> 13 b. Proposed support facilities (i.e. roadways and access points, parking areas and <br /> 14 driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the <br /> 15 timing of development, street and right-of-way improvements, storm water drainage, the <br /> 16 provision of open space, etc), and/or <br /> 17 c. All other matters the County may find appropriate or the petitioner may propose. <br /> 18 <br /> 19 A formal site plan is required as part of a conditional rezoning application and has been submitted <br /> 20 (Attachment 1). The applicant is proposing a conservation cluster flexible subdivision featuring 38 <br /> 21 lots and a minimum of 33.33% open space, in addition to all applicable development standards <br /> 22 for this use, as detailed in Section 7.12 of the Orange County UDO. Staff has recommended the <br /> 23 imposition of conditions, as included in the Ordinance in Attachment 7. The following conditions <br /> 24 have been proposed and agreed to by the applicant: <br /> 25 <br /> 26 1. Application: Project shall be completed as presented in approved site plan/application <br /> 27 packet; <br /> 28 2. The uses on the farm and associated permanent conservation areas will be limited to only <br /> 29 those uses that are currently allowed on existing farms in the Orange Grove Community <br /> 30 as of the date of approval; <br /> 31 3. Additional plantings will be added to the western property line of lot#34 to screen the view <br /> 32 from parcel PIN 9841-32-2556; <br /> 33 4. The site property line will be marked with signage that reads, "DANGER, NO <br /> 34 TRESPASSING — FARM EQUIPMENT IN USE" at lots 7 through 11 with signage facing <br /> 35 both directions; <br /> 36 5. The developer will install a fence with no trespassing signage along the shared property <br /> 37 line with tax parcel 9841-73-4586; <br /> 38 6. The developer will notify prospective new property purchasers of the Eden View Acres <br /> 39 subdivision of the presence of a Shooting Range and associated noise on the adjacent <br /> 40 property, so long as that use continues. <br /> 41 7. The Developer will notify prospective new property purchasers that this is a voluntary <br /> 42 agriculture district. <br /> 43 <br /> 44 Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing <br /> 45 were mailed via first class mail to property owners within 1,000 ft. of the subject parcel. These <br /> 46 notices were mailed on April 11, 2023, 21 days before the hearing. Staff also posted the subject <br /> 47 parcel with signs on April 11, 2023, 21 days before the hearing. See Attachment 3 for the <br /> 48 notification materials. <br />