Agenda - 02-04-2025; 5-a - Applications for Zoning Atlas Amendment, Comprehensive Plan Amendments, & UDO Text Amendments to Realize “Fiddlehead Corner”, a Master Plan Development – Conditional District

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2 PURPOSE: To hold a public hearing, receive public comment, receive the Planning Board and staff recommendations, close the public hearing, 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. 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).