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