HomeMy WebLinkAboutAgenda - 12-13-2022; 12-2 - Information Item - Memorandum - Residential Conditional District (R-CD) Zoning Amendments 1
ORANGE COUNTY
NORTH H AROLINA
MEMORANDUM
TO: Board of County Commissioners
Bonnie Hammersley, Orange County Manager
Travis Myren, Orange County Deputy Manager
FROM: Cy Stober, Planning & Inspections Director
CC: Patrick Mallett, Interim Current Planning Supervisor
Taylor Perschau, Current Planning & Zoning Supervisor
Perdita Holtz, Special Projects Supervisor
DATE: December 13, 2022
SUBJECT: Residential Conditional District (R-CD) Zoning Amendments
The Orange County Planning staff recently received a zoning amendment application for a 36-
lot Residential Conditional District (R-CD) project. The proposed project will be Orange
County's first R-CD amendment request. The Orange County Unified Development Ordinance
(UDO) was amended in 2020 to reflect the re-codification of authority to NC General Statutes
160D. Existing conditional zoning in the UDO was expanded to include residential projects.
These new zoning districts are described in detail in UDO §3.8 (pp. 3-60 — 3-72) and the
procedures outlined in UDO §2.9. Use-specific standards for a project (i.e. flexible
developments) still apply but are negotiable, provided such deviations from the UDO standards
are provided in writing and are limited to those that address conformance of the development
and use of the site and impacts that may reasonably be expected to be generated by the
proposed development or use.
Conditional zoning enables a mutual negotiation between the BOCC and the applicant
regarding project elements. Conditional zoning allows for more flexibility than conventional
zoning, including possible deviation from UDO standards, and the empowerment of the BOCC
to negotiate with the applicant on project elements, such as amenities/features that are not
required by the UDO but address impacts reasonably expected to be generated by the
development or use of the site. See UDO 2.9.1(F)(3).
Presuming the project proceeds, it will be thoroughly reviewed by Orange County Planning
staff for adherence to Orange County UDO standards, including any conditions requested to
deviate from those standards. In the specific R-CD request anticipated, the Major Subdivision
and Flexible Development standards will need to either be met or relief must be clearly
requested as a condition of approval by the applicant. The staff will consider any such
requested conditions to ensure consistency with Orange County's adopted plans before
making a recommendation to the Planning Board and BOCC. Additionally, the Planning Board
may recommend approval with additional conditions. Any such actions will be clearly conveyed
by staff.
All conditional zoning amendments, whether they are residential or otherwise, are considered
by the BOCC at a legislative public hearing. As such, it is permissible for BOCC and Planning
2
Board members to meet with the applicant to discuss their request outside of the public hearing,
provided that the number of board members meeting with the applicant at any one time does
not require an open meetings disclosure under NCGS 143-318. Simply meeting with the
applicant for more information does not prohibit an elected or appointed official from voting on
a conditional zoning request, just as meeting with opponents of the project does not disqualify
an official from voting on a request.
Please communicate any feedback or questions to Cy Stober, Planning & Inspections Director
(cstober orangecountync.gov).
2