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Approved 5 - 3 - 2023 <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 />