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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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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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BOCC
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2/4/2025
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Business
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Agenda
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5-a
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10 <br /> was voted upon 8 — 1 to recommend denial, with the dissent being related to the need to bring <br /> the UDO into alignment with NC General Statutes. The Planning Board voted unanimously (9 — <br /> 0) to recommend that the BOCC vote to deny the 2030 Comprehensive Plan amendment <br /> because the extension of the MPD-CD zoning district to rural activity nodes is inconsistent with <br /> the comprehensive plan. The Planning Board also voted unanimously (9 — 0) to recommend <br /> denial of the Zoning Atlas amendment application due to its present inconsistencies with the <br /> County's adopted comprehensive plan and nonconformity with its adopted UDO, as reflected in <br /> the Statement of Inconsistency (Attachment A8). <br /> PLANNING DIRECTOR'S RECOMMENDATIONS <br /> The consistency of the Zoning Atlas Amendment with the 2030 Comprehensive Plan relies, in <br /> part, on the Comprehensive Plan Amendments, [Attachments B1 — B7 (MA23-0004)]. As <br /> discussed herein, the amendments to the 2030 Comprehensive Plan's FLUM and Appendix F <br /> are necessary for a consistency finding on the zoning action, as required by NCGS 160D-605. <br /> Similarly, the amendment of the text of the County's UDO [Attachments C1 — C5 (TXTA23- <br /> 0001)] is required to ensure the conformance of the Zoning Atlas amendment with the UDO <br /> text. As discussed herein, the amendment to Section 3.8 is complementary with the proposed <br /> Comprehensive Plan and Zoning Atlas amendments, and the action should be consistent with <br /> those actions. The amendment to allow Family Care Facilities in the MPD-CD zoning district <br /> and update this land use definition in Article 10 is recommended by the Planning Director <br /> regardless of actions directly related to the other proposed amendments. <br /> Accordingly, the Planning Director recommends the following actions to the Board of County <br /> Commissioners, which features four (4) motions to be voted upon: <br /> 1) Consider the three applications for action; <br /> 2) Acknowledge that legally-sufficient public notice was given for the zoning application <br /> and this meeting, in accordance with State law and the Orange County UDO; <br /> 3) Review the Staff Report on the zoning atlas amendment (Attachment A2), featuring <br /> analyses of UDO compliance, Comprehensive Plan Consistency, impact of the use to <br /> the surrounding area, and safety and efficiency of land use; <br /> 4) Allow for the applicant's presentation of materials regarding the three applications; <br /> 5) Conduct the public hearing, receive public comments, and consider the Planning <br /> Board recommendations of denial on all three applications; <br /> 6) Close the public hearing; <br /> 7) Vote to Approve the Staff-Recommended UDO Text Amendments to Section 5.2 <br /> and Article 10 (as reflected in the Statement of Consistency (Attachment C4) and <br /> UDO Text Amendment Ordinance (Attachment C5); <br /> 8) Vote on the Applicant-Initiated UDO Text Amendments to amend Section 3.8 <br /> (consistent with the Comprehensive Plan action, as reflected in the Statement of <br /> Consistency (Attachment C2) and UDO Text Amendments Ordinance (Attachment <br /> C3); <br /> 9) Vote to Approve or Deny the amendments to the Comprehensive Plan, as <br /> reflected in the attached Resolution of Approval (Attachment 137); and <br /> 10) Vote to Approve the Statement of Consistency (Attachment A7) and Zoning Atlas <br /> Amendment (Attachment A9) <br /> OR <br />
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