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8 <br /> development, the relationship of the site and site development plan to adjoining <br /> property, and the development itself (emphasis by staff). <br /> Additionally, the applicant is proposing a UDO text amendment to allow MPD-CD districts in <br /> RNANs, as defined in the 2030 Comprehensive Plan. This amendment is complementary to the <br /> application to amend the Comprehensive Plan's Appendix F. The following sentence in Section <br /> 3.8, MPD-CD Chart, District Specific Development Standards, #1 would be rewritten as follows <br /> (red text is the proposed amendment language): <br /> 1. MPD-CD districts shall be limited to Transition Land Use Categories within the Orange <br /> County Planning Jurisdiction and Rural Neighborhood Activity Nodes and Rural <br /> Community Nodes, as defined in the Orange County Comprehensive Plan. <br /> ANALYSIS <br /> The UDO (in Article 10) defers definition of a Family Care Facility to State statues where it is <br /> defined as (NCGS 160D-907): <br /> A home with support and supervisory personnel that provides room and board, personal <br /> care, and habilitation services in a family environment for not more than six resident <br /> persons with disabilities. <br /> The statute further defines a "person with disabilities" as: <br /> A person with a temporary or permanent physical, emotional, or mental disability, <br /> including, but not limited to, an intellectual or other developmental disability, cerebral <br /> palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and <br /> orthopedic impairments but not including persons with a mental illness who are <br /> dangerous to others as defined in G.S. 122C-3(11)b. <br /> Additionally, the statute stipulates: <br /> A family care home is deemed a residential use of property for zoning purposes and is a <br /> permissible use in all residential districts. No local government shall require that a family <br /> care home, its owner, or operator obtain, because of the use, a special use permit or <br /> variance from any such zoning regulation, however, a local government may prohibit a <br /> family care home from being located within a one-half mile radius of an existing family <br /> care home. <br /> In accordance with the State law, the County's Table of Permitted Uses allows Family Care <br /> Homes (use #44 in Section 5.2 of the UDO) in all residential zoning districts. The use is <br /> also allowable in the zoning districts. This use is currently permitted by-right (consistent with <br /> State statutes that address the use) in the County's 16 conventional zoning districts and <br /> Residential - Conditional District and Non-Residential - Conditional District. <br /> As stated in Article 3 of the UDO, the purpose of the MPD-CD district includes the potential <br /> for residential uses (emphasis by staff): <br /> ...to provide for unified large scale subdivisions, non-residential, and mixed-use <br /> developments that promote economical and efficient land use, improved level of <br />