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9 <br /> 1 development, the relationship of the site and site development plan to adioinin_g property, <br /> 2 and the development itself' (emphasis by staff). <br /> 3 <br /> 4 Additionally, the applicant is proposing a UDO text amendment to allow MPD-CD districts in <br /> 5 RNANs, as defined in the 2030 Comprehensive Plan. This amendment is complementary to the <br /> 6 application to amend the Comprehensive Plan's Appendix F. The following sentence in Section <br /> 7 3.8, MPD-CD Chart, District Specific Development Standards, #1 would be rewritten as follows <br /> 8 (red text is the proposed amendment language): <br /> 9 <br /> 10 1. MPD-CD districts shall be limited to Transition Land Use Categories within the Orange <br /> 11 County Planning Jurisdiction and Rural Neighborhood Activity Nodes and Rural <br /> 12 Community Nodes, as defined in the Orange County Comprehensive Plan. <br /> 13 <br /> 14 ANALYSIS <br /> 15 <br /> 16 The UDO (in Article 10) defers definition of a Family Care Facility to State statues where it is <br /> 17 defined as (NCGS 160D-907): <br /> 18 <br /> 19 A home with support and supervisory personnel that provides room and board, personal <br /> 20 care, and habilitation services in a family environment for not more than six resident <br /> 21 persons with disabilities. <br /> 22 <br /> 23 The statute further defines a "person with disabilities" as: <br /> 24 <br /> 25 A person with a temporary or permanent physical, emotional, or mental disability, <br /> 26 including, but not limited to, an intellectual or other developmental disability, cerebral <br /> 27 palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and <br /> 28 orthopedic impairments but not including persons with a mental illness who are dangerous <br /> 29 to others as defined in G.S. 122C-3(11)b. <br /> 30 <br /> 31 Additionally, the statute stipulates: <br /> 32 <br /> 33 A family care home is deemed a residential use of property for zoning purposes and is a <br /> 34 permissible use in all residential districts. No local government shall require that a family <br /> 35 care home, its owner, or operator obtain, because of the use, a special use permit or <br /> 36 variance from any such zoning regulation; however, a local government may prohibit a <br /> 37 family care home from being located within a one-half mile radius of an existing family <br /> 38 care home. <br /> 39 <br /> 40 In accordance with the State law, the County's Table of Permitted Uses allows Family Care <br /> 41 Homes (use #44 in Section 5.2 of the UDO) in all residential zoning districts. The use is also <br /> 42 allowable in the zoning districts. This use is currently permitted by-right (consistent with State <br /> 43 statutes that address the use) in the County's 16 conventional zoning districts and Residential <br /> 44 - Conditional District and Non-Residential - Conditional District. <br /> 45 <br /> 46 As stated in Article 3 of the LIDO, the purpose of the MPD-CD district includes the potential <br /> 47 for residential uses (emphasis by staff): <br /> 48 <br /> 49 ...to provide for unified large scale subdivisions, non-residential, and mixed-use <br /> 50 developments that promote economical and efficient land use, improved level of <br /> 51 amenities, appropriate and harmonious variety, creative design, and a better environment <br />