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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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5-a
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350 <br /> UDO Text Amendment Application - Attachment 1 <br /> a. Description of the proposed changes sought by the applicant <br /> Section 5.2: Change table entry in line 44 , "Family Care Facility", in the "MPD-CD" column <br /> from "blank", indicating "Not Permitted", to a "*" (asterisk), indicating "Permitted Use". <br /> Alternatively, change the entry from "blank" to "A" (Greek delta), indicating "Permitted Subject <br /> to Use Standards". <br /> If the decision is "Permitted Subject to Use Standards", make an entry in Section 5.5. for <br /> "Family Care Facility". Model language is offered in (b.). <br /> Family Care Facility is listed in the UDO Definitions and is defined as "a facility which meets <br /> the definition of a family care home in NCGS 168-21". Although NC GS 168-21 was repealed <br /> in Session Law 2020-25, it previously read as follows: <br /> § 168-21. Definitions. <br /> As used in this Article: <br /> (1) "Family care home" means a home with support and supervisory personnel that <br /> provides room and board, personal care and habilitation services in a family <br /> environment for not more than six resident persons with disabilities. <br /> (2) "Person with disabilities" means a person with a temporary or permanent physical, <br /> emotional, or mental disability including but not limited to mental retardation, cerebral <br /> palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and <br /> orthopedic impairments but not including mentally ill persons who are dangerous to <br /> others as defined in G.S. 122C-3(11)b. (1981, c. 565, s. 1; 1985, c. 589, s. 62; 1995, <br /> c. 535, s. 36; 2002-159, s. 24; 2005-450, s. 1.) <br /> The applicant would prefer that Family Care Facility be designated a Permitted Use in MPD- <br /> CD zoning. <br /> However, if the decision were to be its designation as Permitted Subject to Use Standards, <br /> the text in the next section is offered for consideration, based on Use Standards for Group <br /> Care Facility and Health and Personal Care Facility. <br /> b. The revised text as requested by the applicant <br /> The revision requested would require the insertion of an appropriate symbol in the table of <br /> permitted uses, 5.2, at the intersection of line 44, Family Care Facility, and the column for <br /> MPD-CD. The symbol would be an "asterisk" or a "Greek delta", depending on whether the <br /> approval is for Permitted Use or Permiited Use Subject to Use Standards. <br />
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