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