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2 <br /> As detailed in Section A below, the applicant's proposed rezoning is: <br /> From: AR (Agricultural Residential) <br /> To: MPD-CD (Master Plan Development — Conditional District) <br /> The Zoning Atlas amendment, as presented, is presently inconsistent with the 2030 <br /> Comprehensive Plan and does not conform with the regulations of the adopted UDO. North <br /> Carolina General Statute (NCGS) 160D-605 requires the BOCC to make a statement as to <br /> whether a zoning action is or is not consistent with the adopted comprehensive land use plan. <br /> The applicant has applied for a Comprehensive Plan amendment (Section B below) to: <br /> 1) expand the Rural Neighborhood Activity Node; and <br /> 2) reflect that the proposed zoning to MPD-CD of the subject property is consistent with <br /> the Comprehensive Plan's Appendix F. <br /> Should these amendments be made by BOCC action, the Zoning Atlas amendment could be <br /> considered "consistent" with the adopted 2030 Comprehensive Plan, as referenced in <br /> Attachment A7. Other considerations could determine that the Zoning Atlas amendment <br /> remains inconsistent with the 2030 Comprehensive Plan, regardless of the amendment <br /> (Attachment A8). <br /> Consistent with the Comprehensive Plan amendment, a UDO amendment to Section 3.8 <br /> (Section C below) is needed to address the MPD-CD zoning district and where it is <br /> recommended for use throughout the County. The UDO is also proposed for amendment in <br /> Section 5.2 and Article 10 to allow for Family Care Facilities in MPD-CD zoning districts, as <br /> proposed in the applicant's narrative. The latter amendments will also bring the UDO into <br /> conformance with State statutory language requiring Family Care Facilities to be allowed in all <br /> residential zoning districts and, as discussed below, is recommended for approval by the <br /> Planning Director regardless of the actions on the other proposed amendments. All UDO <br /> amendments are required actions to allow for the Zoning Atlas amendment to be in <br /> conformance with Orange County's land use regulations. <br /> The BOCC is presented with four (4) actions within this public hearing: one associated with the <br /> Zoning Atlas amendment; one associated with the amendments to the 2030 Comprehensive <br /> Plan; and two different actions, one staff-recommended and the other integral to the <br /> comprehensive plan amendments, related to the applicant-initiated text amendments. As <br /> discussed in more detail below, the Planning Board recommended denial of all three presented <br /> applications for amendment (Attachment A5). <br /> SECTION A: ZONING ATLAS AMENDMENT <br /> BACKGROUND: On December 29, 2023, Orange County received a Conditional Zoning Atlas <br /> Amendment application (Attachment Al) proposing to rezone 90.133 acres of property (PIN- <br /> 9739-72-0339) off Morrow Mill Road at Gold Mine Loop, within Bingham Township. The <br /> application is accompanied by a master plan for "Fiddlehead Corner", a 150-dwelling unit <br /> community featuring multifamily, townhome, and single-family housing options intermixed with a <br /> community center, fitness center, and accessible gardens and walking trails. Two "Family Care" <br /> centers are also featured in the master plan. This land use must be enabled as a permitted use <br /> within MPD-CD districts through a text amendment to UDO Section 5.2 and Article 10 (Section <br />