Orange County NC Website
5 <br /> 1 BACKGROUND: On February 4, 2025, the Orange County BOCC opened a public hearing to <br /> 2 consider applicant, staff, and public comments upon the three (3) applications addressed in this <br /> 3 abstract. All supporting materials, including, but not limited to, the applications, staff reports and <br /> 4 analysis, and supporting documentation, can be found within Item 5-a at this link: <br /> 5 https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 02042025-2185. The <br /> 6 unabridged versions of the Traffic Impact Assessment, Water Supply Report, and Wastewater <br /> 7 Treatment System Report with all technical appendices, can be found here: <br /> 8 https://centralPermits.orangecountync.gov/EnerGov Prod/SelfService#/plan/e63acbd9-28f5- <br /> 9 4398-a638-6a579665c9cc?tab=attachments.) <br /> 10 <br /> 11 As detailed in Section A below, the applicant's proposed rezoning is: <br /> 12 <br /> 13 From: AR (Agricultural Residential) <br /> 14 <br /> 15 To: MPD-CD (Master Plan Development— Conditional District) <br /> 16 <br /> 17 The Zoning Atlas amendment, as presented, is presently inconsistent with the 2030 <br /> 18 Comprehensive Plan and does not conform with the regulations of the adopted UDO. North <br /> 19 Carolina General Statute (NCGS) 160D-605 requires the BOCC to make a statement as to <br /> 20 whether a zoning action is or is not consistent with the adopted comprehensive land use plan. <br /> 21 The applicant has applied for a Comprehensive Plan amendment (Section B below) to: <br /> 22 <br /> 23 1) expand the Rural Neighborhood Activity Node; and <br /> 24 2) reflect that the proposed zoning to MPD-CD of the subject property is consistent with the <br /> 25 Comprehensive Plan's Appendix F. <br /> 26 <br /> 27 Should these amendments be made by BOCC action, the Zoning Atlas amendment could be <br /> 28 considered "consistent"with the adopted 2030 Comprehensive Plan, as referenced in Attachment <br /> 29 A7. Other considerations could determine that the Zoning Atlas amendment remains inconsistent <br /> 30 with the 2030 Comprehensive Plan, regardless of the amendment (Attachment A8). <br /> 31 <br /> 32 Consistent with the Comprehensive Plan amendment, a UDO amendment to Section 3.8 (Section <br /> 33 C below) is needed to address the MPD-CD zoning district and where it is recommended for use <br /> 34 throughout the County. The UDO is also proposed for amendment in Section 5.2 and Article 10 <br /> 35 to allow for Family Care Facilities in MPD-CD zoning districts, as proposed in the applicant's <br /> 36 narrative. The latter amendments will also bring the UDO into conformance with State statutory <br /> 37 language requiring Family Care Facilities to be allowed in all residential zoning districts and, as <br /> 38 discussed below, is recommended for approval by the Planning Director regardless of the actions <br /> 39 on the other proposed amendments. All UDO amendments are required actions to allow for the <br /> 40 Zoning Atlas amendment to be in conformance with Orange County's land use regulations. <br /> 41 <br /> 42 The BOCC is presented with four (4) actions within this public hearing: one associated with the <br /> 43 Zoning Atlas amendment; one associated with the amendments to the 2030 Comprehensive Plan; <br /> 44 and two different actions, one staff-recommended and the other integral to the comprehensive <br /> 45 plan amendments, related to the applicant-initiated text amendments. As discussed in more detail <br /> 46 below, the Planning Board recommended denial of all three presented applications for <br /> 47 amendment (Attachment A5). <br /> 48 <br /> 49 <br />