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<br /> 355 be making a recommendation to the commissioners. You also will be making recommendations to the
<br /> 356 commissioners on a related text amendment application and two amendments to the comprehensive plan, one to the
<br /> 357 Future Land Use Map and the other to Appendix F. So this is just to drive the point home,the enabling legislation is
<br /> 358 160D-703, this is reflected in Section 2.9 of the Orange County UDO, and some guidance from the statute is that all
<br /> 359 zoning regulations should be made in accordance with the comprehensive plan and the intent of that is to promote
<br /> 360 the public health, safety and general welfare and something that should be considered when changing the zoning is
<br /> 361 the character of the district, it's particular suitability for particular uses and with a view to conserving the value of
<br /> 362 buildings and encouraging the most appropriate use of the land throughout our jurisdiction which is countywide.
<br /> 363 Additionally, in 702 it identifies what may be regulated through conditional zoning,what cannot, and this is at the very
<br /> 364 bottom and was clarified in the regulatory reform text amendments that were also heard by this board in May is that
<br /> 365 we are not permitted to regulate the appearance, architecture or aesthetics of any buildings covered by the North
<br /> 366 Carolina Residential Code, so that's single-family dwellings,duplexes, triplexes and quadplexes. And then this just
<br /> 367 reiterates that we are empowered to regulate conventional zoning districts as well as conditional zoning districts by
<br /> 368 statute, and that we are permitted to do so per statute in a negotiation with the applicant, and that these conditions
<br /> 369 should be limited to those that address the conformance of the development and use of the site to local government
<br /> 370 ordinances or the impacts reasonably expected to be generated by the development or use of the site. So,what is
<br /> 371 the applicant's responsibility? They must establish the use type, this evening we're considered a master plan
<br /> 372 development. They must provide a formal site plan or in this case a master plan according to our UDO and the
<br /> 373 application is subject to conditions of approval both those that are included in the application which, in this case is the
<br /> 374 master plan,as well as any other conditions the board or the board of commissioners wishes to negotiate with the
<br /> 375 applicant. So just a remainder,the comprehensive plan according to 160D and our LIDO is the principal guiding
<br /> 376 document for all land use decisions in Orange County and any jurisdiction, but ours relates to our county. The
<br /> 377 Unified Development Ordinance is the laws that dictate how land is used and what development occurs in Orange
<br /> 378 County. Of course,construction is dictated by the building code. Any changes and what is permitted on a piece of
<br /> 379 land, the zoning, must be consistent or at least must be analyzed where it is consistent with the adopted
<br /> 380 comprehensive plan. I will remind you that 160D also makes it clear that the County can make decisions that are
<br /> 381 inconsistent with our comprehensive plan and thereby amend our comprehensive plan through a zoning decision.
<br /> 382 They do not have to necessarily be consistent, but the actions of the elected officials can be inconsistent with our
<br /> 383 adopted plan and thereby amend the adopted plan to reflect the actions of the board. The principal guidance for land
<br /> 384 use decisions in our comprehensive plan is the Future Land Use Map that is proposed for amendment as well this
<br /> 385 evening and we will have details on that in a moment. And just a reminder that this is where we are in the process,
<br /> 386 this has been a lengthy process,the application was first received by the county last year and has been under review
<br /> 387 for over a year. So,the objectives tonight,just to reiterate, is to hear from the staff and our analysis,the applicant
<br /> 388 and to take public comments to discuss the analysis and the recommendations and to make a recommendation on
<br /> 389 the zoning application, but also the text amendment and comprehensive plan amendments to the Board of
<br /> 390 Commissioners for their consideration. And with that, I do thank you for the motion to consolidate the matters,we're
<br /> 391 going to begin with the zoning atlas analysis and then you'll see we will lead right into the text amendment and then
<br /> 392 into the comprehensive plan amendments, and the current inconsistencies that the applicant proposes to remedy and
<br /> 393 what the impacts of those may be to the county. So where is the property in question? It is in Bingham Township
<br /> 394 near the intersection of 54 and Morrow Mill Road, more specifically at Gold Mine Loop. It is an unaddressed
<br /> 395 property, it was formerly the Cheeks Farm, but the property was subdivided about a year ago to create this parcel of
<br /> 396 land that was purchased by Hands Four Development. Its current zoning is agricultural residential.The requested
<br /> 397 zoning is master plan development conditional district and the proposed use is for 150 residences in a variety of
<br /> 398 housing types, a community center,two family care facilities, and recreational amenities to serve the residents of that
<br /> 399 community. Additionally,as you'll see in a future slide there is a principal stem road that will be partly DOT
<br /> 400 maintained and access to both Morrow Mill Road and Gold Mine Loop. The surrounding zoning is a mixture of
<br /> 401 principally agricultural residential and then on North Carolina 54 you have commercial zoning that is adjacent to the
<br /> 402 property. This is the site-specific master plan, and you can see the different housing types here. You'll see in the
<br /> 403 middle the kind of center of the community with the non-principal non-residential uses. Just to orient you, this is true
<br /> 404 north, so this is how the layout that's in the plans, but if we are to get our bearings,this is north, and North Carolina
<br /> 405 54 is just north of this orientation. To the west is Gold Mine Loop. If you're just trying to think about where you're at.
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