HomeMy WebLinkAboutAgenda - 03-06-2025; 5-a - Continuation of Public Hearing – Applications for Zoning Atlas Amendment, Comprehensive Plan Amendments, & UDO Text Amendments to Realize “Fiddlehead Corner”, a Master Plan Development 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 6, 2025
Action Agenda
Item No. 5-a
SUBJECT: Continuation of Public Hearing —Applications for Zoning Atlas Amendment,
Comprehensive Plan Amendments, & UDO Text Amendments to Realize
"Fiddlehead Corner", a Master Plan Development — Conditional District on an
Unaddressed Parcel on Morrow Mill Road at Gold Mine Loop, Bingham
Township
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT:
Cy Stober, Planning & Inspections Director,
UNDER SEPARATE COVER (919) 245-2592
All agenda materials for this item, other than Tom Altieri, Senior Planner, (919) 245-2579
this Agenda Abstract, may be found in the Taylor Perschau, Current Planning and
Board of Commissioners'February 4, 2025, Zoning Manager, (919) 245-2597
agenda package materials within Item 5-a. Perdita Holtz, Deputy Director, (919) 245-
References to attachments in this abstract are 2578
references to information in those February 4, Patrick Mallett, Deputy Director, (919) 245-
2025 agenda package materials. 2577
NOTE: THIS PUBLIC HEARING AND CONSIDERATION IS CONTINUED FROM THE
FEBRUARY 4, 2025 BUSINESS MEETING. The February 4, 2025, agenda materials are
available at: https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 02042025-
2185.
PURPOSE: To continue the public hearing opened at the Board of Commissioners' February
4, 2025, Business meeting, receive public comment from individuals previously signed up to
speak who have not yet spoken, receive the Planning Board and staff recommendations, close
the public hearing, deliberate, and consider action on applicant-initiated amendments to the A)
Zoning Atlas, B) Comprehensive Plan, and C) Unified Development Ordinance (UDO) text to
realize a Master Plan Development — Conditional District (MPD-CD) on a +/-90.133-acre
unaddressed property (PIN: 9739-72-0339) located off Morrow Mill Road at Gold Mine Loop,
within the Bingham Township. This abstract is organized accordingly to discuss the
amendments to the Zoning Atlas, Comprehensive Plan, and Unified Development Ordinance in
Sections A, B, and C, respectively.
On February 4, 2025, the Orange County BOCC opened a public hearing to consider applicant,
staff, and public comments upon the three (3) applications addressed in this abstract. All
supporting materials, including, but not limited to, the applications, staff reports and analysis,
and supporting documentation, can be found within Item 5-a at this link:
https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 02042025-2185. The
unabridged versions of the Traffic Impact Assessment, Water Supply Report, and Wastewater
Treatment System Report with all technical appendices, can be found here:
https://centralpermits.orangecountync.gov/EnerGov Prod/SelfService#/plan/e63acbd9-28f5-
4398-a638-6a579665c9cc?tab=attachments.)
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As detailed in Section A below, the applicant's proposed rezoning is:
From: AR (Agricultural Residential)
To: MPD-CD (Master Plan Development — Conditional District)
The Zoning Atlas amendment, as presented, is presently inconsistent with the 2030
Comprehensive Plan and does not conform with the regulations of the adopted UDO. North
Carolina General Statute (NCGS) 160D-605 requires the BOCC to make a statement as to
whether a zoning action is or is not consistent with the adopted comprehensive land use plan.
The applicant has applied for a Comprehensive Plan amendment (Section B below) to:
1) expand the Rural Neighborhood Activity Node; and
2) reflect that the proposed zoning to MPD-CD of the subject property is consistent with
the Comprehensive Plan's Appendix F.
Should these amendments be made by BOCC action, the Zoning Atlas amendment could be
considered "consistent" with the adopted 2030 Comprehensive Plan, as referenced in
Attachment A7. Other considerations could determine that the Zoning Atlas amendment
remains inconsistent with the 2030 Comprehensive Plan, regardless of the amendment
(Attachment A8).
Consistent with the Comprehensive Plan amendment, a UDO amendment to Section 3.8
(Section C below) is needed to address the MPD-CD zoning district and where it is
recommended for use throughout the County. The UDO is also proposed for amendment in
Section 5.2 and Article 10 to allow for Family Care Facilities in MPD-CD zoning districts, as
proposed in the applicant's narrative. The latter amendments will also bring the UDO into
conformance with State statutory language requiring Family Care Facilities to be allowed in all
residential zoning districts and, as discussed below, is recommended for approval by the
Planning Director regardless of the actions on the other proposed amendments. All UDO
amendments are required actions to allow for the Zoning Atlas amendment to be in
conformance with Orange County's land use regulations.
The BOCC is presented with four (4) actions within this public hearing: one associated with the
Zoning Atlas amendment; one associated with the amendments to the 2030 Comprehensive
Plan; and two different actions, one staff-recommended and the other integral to the
comprehensive plan amendments, related to the applicant-initiated text amendments. As
discussed in more detail below, the Planning Board recommended denial of all three presented
applications for amendment (Attachment A5).
SECTION A: ZONING ATLAS AMENDMENT
BACKGROUND: On December 29, 2023, Orange County received a Conditional Zoning Atlas
Amendment application (Attachment Al) proposing to rezone 90.133 acres of property (PIN-
9739-72-0339) off Morrow Mill Road at Gold Mine Loop, within Bingham Township. The
application is accompanied by a master plan for "Fiddlehead Corner", a 150-dwelling unit
community featuring multifamily, townhome, and single-family housing options intermixed with a
community center, fitness center, and accessible gardens and walking trails. Two "Family Care"
centers are also featured in the master plan. This land use must be enabled as a permitted use
within MPD-CD districts through a text amendment to UDO Section 5.2 and Article 10 (Section
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C). The community will feature a network of private roads that rely upon a public collector street
that will intersect with both Morrow Mill Road and Gold Mine Loop. As discussed in Section B,
the property lies partly within a Rural Neighborhood Activity Node as well as an Agricultural
Residential area, as shown on the adopted Future Land Use Map of the 2030 Comprehensive
Plan. The Staff Report in Attachment A2 contains additional information, maps, and analysis
that accounts for this relationship with the County's adopted comprehensive plan and UDO, as
well as the context of the property's zoning and proposed land use relative to the local area.
Approval of a site-specific plan is part of the conditional district rezoning process, and the
master plan and any agreed-upon conditions (Attachment Al) are binding to the property and
any development permitted upon it.
Conditional zoning allows for conditions to be voluntarily imposed upon a property that regulate
it in unique ways related to the uses proposed for that property. Approval of a master plan —
rather than a more detailed site plan — is part of the MPD-CD rezoning process. Master Plan
districts are intended "...to provide for unified large scale subdivisions, nonresidential, and
mixed-use developments that promote economical and efficient land use, improved level of
amenities, appropriate and harmonious variety, creative design, and a better environment
through the approval of a general concept Master Plan the permits defined flexibility to
accommodate land use adjustments in response to evolving market trends" (staff
emphasis; Orange County UDO, p.3-63). Development of the property must be in accordance
with an approved master plan and any conditions imposed as part of the MPD-CD rezoning
process. Staff has recommended the imposition of conditions, as presented by the applicant
(Attachment Al) and included in the drafted Ordinance of approval (Attachment A9). The
applicant has not requested conditions to deviate from the UDO's development standards.
Should the application be approved, development of the property will be permitted only through
the review and approval of a submitted site plan application(s) in accordance with Section 2.5
of the UDO. This allows for staff to verify all imposed conditions are adhered to, and allow for
final review by members of the County's Development Advisory Committee (DAC) as detailed
within Section 1.9 of the UDO.
PROPOSED CONDITIONS: The applicant provided updated conditions to the Planning
Director on December 19, 2024, (Attachment Al) reflecting the discussion and stated
commitments made at the July 10, 2024 Planning Board meeting. Pursuant to UDO Section
2.9.1(F)(3), mutually agreed-upon conditions can be imposed on the MPD-CD as part of this
process if they address:
a. The compatibility of the proposed development with surrounding property,
b. Proposed support facilities (i.e. roadways, and access points, screening and buffer
areas, the timing of development, etc.), and/or
c. All other matters the County may find reasonable and appropriate or the petitioner
may propose.
Attachments Al & A9 provide more detail on the mutually agreed-upon conditions, which
are summarized here:
1. Project shall be completed as presented in approved master plan/application packet,
which details amenities and landscaping commitments, and includes the narrative
phasing plan (Attachment Al).
2. A NC State Licensed Provider will operate the featured Family Care Facility homes;
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3. The Fiddlehead Neighborhood Commons Building will be constructed as part of
Phase 1 and will provide a full kitchen, meeting rooms, gathering rooms for collective
meals for residents and guests, fitness/exercise rooms/equipment, office space for
remote and in person medical therapy including vaccination clinics, etc.;
4. The Health & Fitness Center shall be constructed as part of Phase 2 or 3 and will
include an exercise pool and fitness equipment;
5. The maximum number of bedrooms permitted shall be 300; and
6. Provision of Type E (75') and F (100') perimeter buffers for the entire property.
Other conditions are detailed by the applicant, but are redundant with UDO development
standards and/or commitments already detailed previously in the narrative and/or site plan.
ZONING APPLICATION REVIEW PROCESS: A MPD-CD rezoning application requires
submission of a master plan consistent with the provisions of Section 6.7 of the UDO. The
typical cadence for review is as follows:
• First Action — Applicant holds a Neighborhood Information Meeting (NIM).
Staff Comment: The Neighborhood Information Meeting was held on April 15,
2024, at 6 pm at the Orange County Public Library. Notes from this meeting are
in Attachment A4.
• Second Action — The Planning Board reviews the application at a regular meeting
and makes a recommendation to the BOCC.
Staff Comment: The Planning Board reviewed this application at its regular
meetings on June 5 and July 10, 2024. Minutes from these meetings are in
Attachment A5.
• Third Action — The BOCC receives the Planning Board and staff recommendations
at an advertised public hearing and makes a decision on the application.
Staff Comment: The public hearing was opened by the BOCC on February 4,
2025, and continued to March 6 by a unanimous vote. In accordance with Section
2.8.7 of the UDO, notices of the public hearing were mailed via first class mail to
property owners within 1,000 feet of the subject parcel. These notices were
mailed on January 17, 2025, 18 days before the meeting. Staff also posted the
subject parcel with a sign [or signs] on January 21, 2025, 14 days before the
meeting. See Attachment A3 for the notification materials.
SECTION B: COMPREHENSIVE PLAN AMENDMENTS
Concurrent with the Zoning Atlas application, Hands Four Development Cooperative submitted
an application (Attachment 131) to amend the Comprehensive Plan to 1) expand the Rural
Neighborhood Activity Node (RNAN) at Morrow Mill Road and NC 54 on the Future Land Use
Map (FLUM); and 2) add the MPD-CD zoning district as an allowable zoning district in the
RNAN on the Appendix F Land Use and Zoning Matrix. State law and the UDO require the
Board to make a finding of consistency with the adopted Comprehensive Plan when making
land use changes. The proposed amendments to the Comprehensive Plan are necessary for
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the Board to make this consistency finding in regard to the submitted Fiddlehead Corner zoning
application detailed in Section A above.
"The [Orange County 2030 Comprehensive Plan] Future Land Use Map (FLUM) defines the
location of coordinated and appropriate land use classes and is designed to accommodate a
particular combination of land uses that would achieve a desired pattern of development... [t]he
Map also provides the development community and staff with clear guidance to the locations in
the County where re-zonings may be appropriate and where they are not" (2030
Comprehensive Plan, p. 5-15).
The subject property is currently split between two Future Land Use Classes, Agricultural
Residential (AR) and Rural Neighborhood Activity Node (RNAN). These land use classes
provide guidance on how the property may be used and regulated through zoning.
"Agricultural Residential" is defined in the Comprehensive Plan as, "Land in the rural
areas where the prevailing land use activities are related to the land (agriculture,
forestry) and which is an appropriate location for the continuation of these uses."
"Rural Neighborhood Activity Node" (RNAN) is defined in the Comprehensive Plan as,
"Land focused on designated road intersections within the rural area that is appropriate
for small-scale commercial uses characteristic of "Mom and Pop" convenience stores
and gas stations."
The proposed FLUM amendment expands the RNAN at Morrow Mill Road and NC-54 from its
current +/-18.493 acres to the full 90.133 acres of the property. The expanded area realized
through the proposed amendment is +/-71.64 acres (Attachments B2 and 134).
The applicant also proposes to amend the Comprehensive Plan's Land Use and Zoning Matrix
in Appendix F to allow the MPD-CD zoning district within the RNAN future land use
classification (Attachment B3). The Comprehensive Plan Appendix F. Land Use and Zoning
Matrix links the County UDO's zoning districts to the future land use classifications and
overlays. If a zoning district is not listed as compatible with a land use classification in the
Matrix, it is determined to be inconsistent with the County's adopted Comprehensive Plan.
Analysis
Section 2.3.2(8) of the Orange County Unified Development Ordinance (UDO) states, "For
the purpose of establishing and maintaining sound, stable, and desirable development
within Orange County, the Comprehensive Plan or portion thereof shall not be amended
except as follows:
(1) Because of changed or changing conditions in a particular area or areas of the
County;
(2) To correct an error or omission; or
(3) In response to a change in the policies, objectives, principles or standards governing
the physical development of the County."
The Applicant's request for Comprehensive Plan amendments (FLUM and Appendix F)
discussed herein are based upon "(1)" above and the premise that changes have occurred
and are occurring in the County. The burden of demonstrating that an application complies
with approval criteria belongs with the Applicant and is reflected in their Letter of Request
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(Attachment B1). The letter cites demographic information included in the Orange County
Master Aging Plan and the need to accommodate significant growth in the percentage of
County adults ages 65+ with increased housing and neighborhoods designed to meet the
needs of seniors. Staff analysis focuses on the development status of the RNANs
countywide, not just at the local area (Morrow Mill Road and NC 54 intersection) of the
zoning case.
Rural Neighborhood Activity Node (RNAN) at Morrow Mill Road
The 2030 Comprehensive Plan does not define an explicit purpose for activity nodes, but
the Plan's principles, goals, and objectives all detail the need to minimize inefficient patterns
of "rural sprawl" and realize efficient and compact use of the land using two basic strategies:
activity nodes and infill development. The activity node strategy serves to cluster non-
residential development at major intersections throughout the County in locations
appropriate for serving the needs of the local residents.
All ten (10) RNANs have been included on the FLUM since 1981 , and the majority of the
developed non-residential uses existed at that time. Attachment B4 is a summary of the
areas (in acreage) of present development status and land uses within the RNAN at Morrow
Milll Road and NC 54. Approximately 46 acres (37%) within the existing node of 125 total
acres have been developed. Existing non-residential land uses include the PSM Food Mart,
Piedmont Feed and Garden Center, and the UNC-Chapel Hill Facility Support Building.
Although 76-acres remain "undeveloped," this designation does not take into account site-
specific characteristics such as stream and landscaping buffers, road rights-of-way, and
stormwater control measures that are required of new development. While there is
remaining development capacity within the existing RNAN at NC 54 and Morrow Mill Road,
it is insufficient to practically accommodate a development the size of Fiddlehead Corner.
Impacts to Rural Neighborhood Activity Nodes (RNANs) Countywide
Hands Four Development is requesting MPD-CD (Master Plan Development — Conditional
District) zoning, which is not currently listed as a compatible district for the RNAN Future
Land Use classification within the 2030 Comprehensive Plan, Appendix F: Land Use and
Zoning Matrix (Attachment B3). The zoning districts currently compatible within RNANs
include:
- LC-1 (Local Commercial-1);
- NC-2 (Neighborhood Commercial-2);
- ASE-CD (Agricultural Support Enterprises - Conditional District);
- R-CD (Residential - Conditional District); and
- NR-CD (Non-Residential - Conditional District).
Attachment B5, "RNAN Countywide and Existing Development Status" and Attachment B6,
"RNAN Countywide and Existing Zoning," offer some analysis of how much potential this
amendment may create for MPD-CD rezoning requests countywide. There are a total of ten
(10) RNANs in Orange County. All ten (10) RNANs were included on the FLUM since it was
originally adopted in 1981 and have largely not been developed since that time.
Approximately 580 acres (49.7%) within the RNANs are already developed, leaving 512
parcel acres "undeveloped". As previously noted, this does not account for site specific
characteristics and development constraints (e.g. required buffers).
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The MPD-CD zoning district was originally established to provide a mechanism through which
innovative development proposals could move forward for consideration by Orange County
through a legislative land use planning process that was transparent, fair, open, efficient, and
responsive. The intent of the MPD-CD zoning district is, in part, "...to provide opportunity for
unified large-scale subdivisions, non-residential, and mixed-use developments to be
considered." Allowance of the MPD-CD zoning district use more broadly throughout the County
may help accomplish the Comprehensive Plan's vision for activity nodes, inviting innovative
mixtures of uses, including differing forms of residential uses and creative designs, at key
intersections throughout the County.
Any proposal of MPD-CD zoning in the RNANs would require administration of a zoning
application and be accompanied by the requisite public notification and public hearing for input
from property owners in the surrounding area. Fiddlehead Corner, the applicant's zoning
proposal, is following this process and offers a procedural template that future applicants might
use for reference and guidance.
SECTION C: UDO TEXT AMENDMENTS
Hands Four Development Cooperative submitted an application in December 2023, and
modified in March 2024, to amend the text of the UDO's Table of Permitted Uses to add "Family
Care Facility" as a permitted use in the MPD-CD zoning district (Attachment Cl) and to
complement the proposed amendments to Appendix F of the 2030 Comprehensive Plan. While
this applicant-initiated text amendment is necessary for the MPD-CD rezoning application, as
presented, staff must evaluate if "Family Care Home" is an appropriate use for consideration
within the MPD-CD zoning district countywide.
Applications for a conditional zoning district must include all uses contemplated within a
development project as part of the conditions accompanying the rezoning approval. The
proposed allowable uses are specified in the UDO's Section 5.2, the Table of Permitted Uses,
including whether use-specific standards are required. Furthermore, a MPD-CD approval must
"... be located in such a manner as to be compatible with the character of existing development
of surrounding properties, thus ensuring the continued conservation of building values and
encouraging the most appropriate use of land in the county. Therefore, when evaluating an
application for this district, emphasis shall be _given to the location of the proposed
development, the relationship of the site and site development plan to adjoining
property, and the development itself (emphasis by staff).
Additionally, the applicant is proposing a UDO text amendment to allow MPD-CD districts in
RNANs, as defined in the 2030 Comprehensive Plan. This amendment is complementary to the
application to amend the Comprehensive Plan's Appendix F. The following sentence in Section
3.8, MPD-CD Chart, District Specific Development Standards, #1 would be rewritten as follows
(red text is the proposed amendment language):
1 . MPD-CD districts shall be limited to Transition Land Use Categories within the Orange
County Planning Jurisdiction and Rural Neighborhood Activity Nodes and Rural
Community Nodes, as defined in the Orange County Comprehensive Plan.
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ANALYSIS
The LIDO (in Article 10) defers definition of a Family Care Facility to State statutes where it
is defined as (NCGS 160D-907):
A home with support and supervisory personnel that provides room and board, personal
care, and habilitation services in a family environment for not more than six resident
persons with disabilities.
The statute further defines a "person with disabilities" as:
A person with a temporary or permanent physical, emotional, or mental disability,
including, but not limited to, an intellectual or other developmental disability, cerebral
palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and
orthopedic impairments but not including persons with a mental illness who are
dangerous to others as defined in G.S. 122C-3(11)b.
Additionally, the statute stipulates:
A family care home is deemed a residential use of property for zoning purposes and is a
permissible use in all residential districts. No local government shall require that a family
care home, its owner, or operator obtain, because of the use, a special use permit or
variance from any such zoning regulation; however, a local government may prohibit a
family care home from being located within a one-half mile radius of an existing family
care home.
In accordance with the State law, the County's Table of Permitted Uses allows Family Care
Homes (use #44 in Section 5.2 of the UDO) in all residential zoning districts. The use is
also allowable in the zoning districts. This use is currently permitted by-right (consistent with
State statutes that address the use) in the County's 16 conventional zoning districts and
Residential - Conditional District and Non-Residential - Conditional District.
As stated in Article 3 of the LIDO, the purpose of the MPD-CD district includes the potential
for residential uses (emphasis by staff)-
...to
taff):...to provide for unified large scale subdivisions, non-residential, and mixed-use
developments that promote economical and efficient land use, improved level of
amenities, appropriate and harmonious variety, creative design, and a better
environment through the approval of a general concept Master Plan the permits defined
flexibility to accommodate land use adjustments in response to evolving market trends.
As such, MPD-CD districts currently allow for residential uses but not "family care homes",
inconsistent with the statutory requirements. Furthermore, as included in the Application
narrative, Orange County has adopted plans supporting diversified housing options for a
variety of populations.
Link to Countywide Strategic Plan:
https://www.orangecountync.gov/DocumentCenterNiew/26972/Orange-County-Strategic-
Plan?bidld=
9
Link to currently adopted Comprehensive Plan:
https://www.orangecountVnc.gov/1238/Comprehensive-Land-Use
Link to Master Aging Plan: https://www.orangecountVnc.gov/203/Master-Aging-Plan
Link to Consolidated (Housing) Plan:
https://www.orangecountVnc.gov/DocumentCenter/\/iew/10806/Orange-County-NC-
Consolidated-Plan-FINAL?bidld=)
Staff has reviewed the options presented in the Application and recommends that Family
Care Facility be added as a permitted use in the MPD-CD zoning district by adding an
asterisk (*) to the appropriate column on the line for use #44 (Family Care Facility). In
reviewing the application, staff discovered the definition of "Family Care Facility" in Article 10
(Definitions) of the UDO contains an outdated reference to a State statute. Therefore, staff
is recommendingan update to the definition as shown :��` �,aa is the proposed amendment
p � P P
language):
Family Care Facility
A facility which meets the definition of a family care home in NCGS 168-21 160D-907.
Staff does not recommend the applicant's proposal to require additional use standards (by
adding a delta [A] symbol), as the State deems Family Care Facilities a permissible use in
all residential districts and discourages additional requirements beyond those in place for
similar residential uses. Family Care Facility is a permitted use (*) in all other Orange
County zoning districts that allow the use, and to introduce additional standards exclusively
for the MPD-CD is not recommended.
Staff review of the amendment to UDO Section 3.8 regarding consistency with the
Comprehensive Plan only determined that the Board of Commissioners must act in
coordination with its action regarding the presented Comprehensive Plan amendments. The
UDO text amendment is unwarranted without the corresponding amendments to the
Comprehensive Plan.
PLANNING BOARD RECOMMENDATION
The Planning Board reviewed this application at its regular meetings on June 5 and July 10,
2024 (Attachment A5). The Planning Board made three motions, all recommending the Board
of County Commissioners vote to deny the applications. The text amendment application
was voted upon 8 — 1 to recommend denial, with the dissent being related to the need to bring
the UDO into alignment with NC General Statutes. The Planning Board voted unanimously (9 —
Q) to recommend that the BOCC vote to deny the 2030 Comprehensive Plan amendment
because the extension of the MPD-CD zoning district to rural activity nodes is inconsistent with
the comprehensive plan. The Planning Board also voted unanimously (9 — 0) to recommend
denial of the Zoning Atlas amendment application due to its present inconsistencies with the
County's adopted comprehensive plan and nonconformity with its adopted UDO, as reflected in
the Statement of Inconsistency (Attachment A8).
PLANNING DIRECTOR'S RECOMMENDATIONS
The consistency of the Zoning Atlas Amendment with the 2030 Comprehensive Plan relies, in
part, on the Comprehensive Plan Amendments, [Attachments B1 — B7 (MA23-0004)]. As
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discussed herein, the amendments to the 2030 Comprehensive Plan's FLUM and Appendix F
are necessary for a consistency finding on the zoning action, as required by NCGS 160D-605.
Similarly, the amendment of the text of the County's UDO [Attachments C1 — C5 (TXTA23-
0001)] is required to ensure the conformance of the Zoning Atlas amendment with the UDO
text. As discussed herein, the amendment to Section 3.8 is complementary with the proposed
Comprehensive Plan and Zoning Atlas amendments, and the action should be consistent with
those actions. The amendment to allow Family Care Facilities in the MPD-CD zoning district
and update this land use definition in Article 10 is recommended by the Planning Director
regardless of actions directly related to the other proposed amendments.
Accordingly, the Planning Director recommends the following actions to the Board of County
Commissioners, which features four (4) motions to be voted upon:
1) Continue the public hearing, receive public comments, and consider the Planning
Board recommendations of denial on all three (3) applications;
2) Close the public hearing;
3) Consider and deliberate on the three (3) applications for action, with reference to the
Staff Report on the zoning atlas amendment (Attachment A2), featuring analyses of
UDO compliance, Comprehensive Plan Consistency, impact of the use to the
surrounding area, and safety and efficiency of land use;
4) Vote to Approve the Staff-Recommended UDO Text Amendments to Section 5.2
and Article 10 (as reflected in the Statement of Consistency (Attachment C4) and
UDO Text Amendment Ordinance (Attachment C5);
5) Vote on the Applicant-Initiated UDO Text Amendments to amend Section 3.8
(consistent with the Comprehensive Plan action, as reflected in the Statement of
Consistency (Attachment C2) and UDO Text Amendments Ordinance (Attachment
C3);
6) Vote to Approve or Deny the amendments to the Comprehensive Plan, as
reflected in the attached Resolution of Approval (Attachment 137); and
7) Vote to Approve the Statement of Consistency (Attachment A7) and Zoning Atlas
Amendment (Attachment A9)
OR
Vote to Deny the Zoning Atlas Amendment, including a statement as to why the
application is not reasonable and/or not in the public interest, as detailed in the
Statement of Inconsistency (Attachment A8).
FINANCIAL IMPACT: This request has been reviewed by various County departments which
have determined that the approval of the request would not create the need for additional
funding for the provision of County services. Costs associated with advertising, including
meeting and public hearing notice and mailings, are covered by the application fee.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 2: HEALTHY COMMUNITY
OBJECTIVE 2. Expand access to quality, affordable healthcare services. (e.g., Medicaid
expansion, crisis response, healthy living campaign).
• GOAL 4: MULTI-MODAL TRANSPORTATION
OBJECTIVE 4. Coordinate transit investments with municipal and county land use
planning to reduce vehicle miles travelled and to provide more equitable access to
shopping, employment, medical centers, college campuses, etc.
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RECOMMENDATION(S): The Manager recommends that the Board:
1. Continue the public hearing and receive the Planning Board and staff recommendations
and public comments from individuals previously signed up to speak who have not yet
spoken on the three (3) applications;
2. Close the public hearing; and
3. Consider Motions to Approve, Deny or Defer Action on the following four (4) items:
a. Vote on the Staff-Recommended UDO Text Amendments to the Family Care
Facilities language in Section 5.2 and Article 10 (as reflected in the Statement of
Consistency (Attachment C4) and UDO Text Amendment Ordinance (Attachment
C5);
b. Vote on the Applicant-Initiated UDO Text Amendments to amend Section 3.8
(consistent with the Comprehensive Plan action, as reflected in the Statement of
Consistency (Attachment C2) and UDO Text Amendments Ordinance
(Attachment C3);
c. Vote on the Comprehensive Plan Amendments, as reflected in the attached
Resolution of Approval (Attachment B7); and
d. Vote on the Zoning Atlas Amendment, either Approving the Statement of
Consistency (Attachment A7) and Ordinance (Attachment A9); or Denying the
application, including a statement as to why the application is not reasonable
and/or not in the public interest (Attachment A8).