Orange County NC Website
Browse       Search
5 <br /> BACKGROUND: On February 4, 2025, the Orange County BOCC opened a public hearing to <br /> consider applicant, staff, and public comments upon the three (3) applications addressed in this <br /> abstract. All supporting materials, including, but not limited to, the applications, staff reports and <br /> analysis, and supporting documentation, can be found within Item 5-a at this link: <br /> https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 02042025-2185. The <br /> unabridged versions of the Traffic Impact Assessment, Water Supply Report, and Wastewater <br /> Treatment System Report with all technical appendices, can be found here: <br /> https://centralpermits.orangecountVnc.gov/EnerGov Prod/SelfService#/plan/e63acbd9-28f5- <br /> 4398-a638-6a579665c9cc?tab=attachments.) <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 the <br /> 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 Attachment <br /> A7. Other considerations could determine that the Zoning Atlas amendment remains inconsistent <br /> with the 2030 Comprehensive Plan, regardless of the amendment (Attachment A8). <br /> Consistent with the Comprehensive Plan amendment, a UDO amendment to Section 3.8(Section <br /> C below) is needed to address the MPD-CD zoning district and where it is recommended for use <br /> throughout the County. The UDO is also proposed for amendment in Section 5.2 and Article 10 <br /> to allow for Family Care Facilities in MPD-CD zoning districts, as proposed in the applicant's <br /> narrative. The latter amendments will also bring the UDO into conformance with State statutory <br /> language requiring Family Care Facilities to be allowed in all residential zoning districts and, as <br /> discussed below, is recommended for approval by the Planning Director regardless of the actions <br /> on the other proposed amendments. All UDO amendments are required actions to allow for the <br /> Zoning Atlas amendment to be in 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 Plan; <br /> and two different actions, one staff-recommended and the other integral to the comprehensive <br /> plan amendments, related to the applicant-initiated text amendments. As discussed in more detail <br /> below, the Planning Board recommended denial of all three presented applications for <br /> amendment (Attachment A5). <br />