Orange County NC Website
6 <br /> 1 SECTION A: ZONING ATLAS AMENDMENT <br /> 2 <br /> 3 BACKGROUND: On December 29, 2023, Orange County received a Conditional Zoning Atlas <br /> 4 Amendment application (Attachment Al) proposing to rezone 90.133 acres of property (PIN: <br /> 5 9739-72-0339) off Morrow Mill Road at Gold Mine Loop, within Bingham Township. The <br /> 6 application is accompanied by a master plan for "Fiddlehead Corner", a 150-dwelling unit <br /> 7 community featuring multifamily, townhome, and single-family housing options intermixed with a <br /> 8 community center, fitness center, and accessible gardens and walking trails. Two "Family Care" <br /> 9 centers are also featured in the master plan. This land use must be enabled as a permitted use <br /> 10 within MPD-CD districts through a text amendment to UDO Section 5.2 and Article 10 (Section <br /> 11 C). The community will feature a network of private roads that rely upon a public collector street <br /> 12 that will intersect with both Morrow Mill Road and Gold Mine Loop. As discussed in Section B, <br /> 13 the property lies partly within a Rural Neighborhood Activity Node as well as an Agricultural <br /> 14 Residential area, as shown on the adopted Future Land Use Map of the 2030 Comprehensive <br /> 15 Plan. The Staff Report in Attachment A2 contains additional information, maps, and analysis that <br /> 16 accounts for this relationship with the County's adopted comprehensive plan and LIDO, as well <br /> 17 as the context of the property's zoning and proposed land use relative to the local area. Approval <br /> 18 of a site-specific plan is part of the conditional district rezoning process, and the master plan and <br /> 19 any agreed-upon conditions (Attachment Al) are binding to the property and any development <br /> 20 permitted upon it. <br /> 21 <br /> 22 Conditional zoning allows for conditions to be voluntarily imposed upon a property that regulate it <br /> 23 in unique ways related to the uses proposed for that property. Approval of a master plan — rather <br /> 24 than a more detailed site plan — is part of the MPD-CD rezoning process. Master Plan districts <br /> 25 are intended "...to provide for unified large scale subdivisions, nonresidential, and mixed-use <br /> 26 developments that promote economical and efficient land use, improved level of amenities, <br /> 27 appropriate and harmonious variety, creative design, and a better environment through the <br /> 28 approval of a general concept Master Plan the permits defined flexibility to accommodate <br /> 29 land use adjustments in response to evolving market trends" (staff emphasis; Orange County <br /> 30 UDO, p.3-63). Development of the property must be in accordance with an approved master plan <br /> 31 and any conditions imposed as part of the MPD-CD rezoning process. Staff has recommended <br /> 32 the imposition of conditions, as presented by the applicant (Attachment All) and included in the <br /> 33 drafted Ordinance of approval (Attachment A9). The applicant has not requested conditions to <br /> 34 deviate from the UDO's development standards. <br /> 35 <br /> 36 Should the application be approved, development of the property will be permitted only through <br /> 37 the review and approval of a submitted site plan application(s) in accordance with Section 2.5 of <br /> 38 the UDO. This allows for staff to verify all imposed conditions are adhered to, and allow for final <br /> 39 review by members of the County's Development Advisory Committee (DAC) as detailed within <br /> 40 Section 1.9 of the UDO. <br /> 41 <br /> 42 PROPOSED CONDITIONS: The applicant provided updated conditions to the Planning <br /> 43 Director on December 19, 2024, (Attachment Al) reflecting the discussion and stated <br /> 44 commitments made at the July 10, 2024 Planning Board meeting. Pursuant to UDO Section <br /> 45 2.9.1(F)(3), mutually agreed-upon conditions can be imposed on the MPD-CD as part of this <br /> 46 process if they address: <br /> 47 <br /> 48 a. The compatibility of the proposed development with surrounding property, <br /> 49 b. Proposed support facilities (i.e. roadways, and access points, screening and buffer <br /> 50 areas, the timing of development, etc.), and/or <br />