6_5_24 Planning Board Minutes - Laserfiche WebLink

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Approved 7.10.24 Statler Gilfillen: I second it again. 304 305 Lamar Proctor: All right. All in favor? All opposed. 306 307 MOTION BY Chris Johnston to place Preserve Rural Orange’s public comments first for Agenda Item 9. Seconded 308 by Statler Gilfillen 309 310 MOTION PASSED UNANIMOUSLY 311 312 Lamar Proctor: I guess we are ready with that understanding to move forward in the agenda and the process to the 313 staff presentation. 314 315 AGENDA ITEM 6: CHAIR COMMENTS 316 None. 317 318 319 AGENDA ITEM 7: COMPREHENSIVE PLAN FUTURE LAND USE MAP (FLUM) AND TEXT AMENDMENTS – To review 320 and make a recommendation to the BOCC on applicant-initiated amendments to the 2030 Comprehensive Plan to 321 amend the FLUM to expand a Rural Neighborhood Activity Node (RNAN); and to amend the text of Appendix F: Land 322 Use and Zoning Matrix. The BOCC public hearing date is “to be determined.” 323 324 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT – ADD FAMILY CARE HOMES AS 325 PERMITTED USE TO MPD-CD ZONING DISTRICT AND ASSOCIATED AMENDMENTS – To review and make a 326 recommendation to the BOCC on applicant-initiated amendments to the UDO pertaining to Family Care Homes. The 327 BOCC public hearing date is “to be determined.” 328 329 AGENDA ITEM 9: ZONING ATLAS AMENDMENT (CONDITIONAL DISTRICT) – To review and make a recommendation 330 to the BOCC on an applicant-initiated zoning atlas amendment to rezone 90.133 acres (PIN: 9739-72-0339) located 331 off Morrow Mill Road at Gold Mine Loop, within the Bingham Township. The proposed rezoning is from AR 332 (Agricultural Residential) to MPD-CD (Master Plan Development – Conditional District). The BOCC public hearing 333 date is “to be determined.” 334 335 Cy Stober: So, Mr. Chair, we have a number of administrative procedural slides just to discuss what we're 336 doing here generically before we even get into the specifics of the item. I'll just note the Efland Ruritan Club was 337 presented at the last meeting on May 1st, and were approved by the commissioners, by the way, last night and that 338 was a conventional zoning application, so they applied for general commercial 4, had 52 permitted uses in general 339 commercial districts, what we're here tonight is to consider conditional zoning. Conditional zoning is use-specific with 340 individualized development conditions and standards. These conditions must be agreeable both to the county and to 341 the applicant. All conditional zoning requires a site-specific development plan. In this case as the Master Plan 342 Development, the site-specific plan is a master plan which has some liberties but also additional responsibilities in its 343 drafting and how it is to be constructed. So, a conditional district, according to North Carolina General Statutes 344 160D-703, as I said, they are permitted, they are allowed through the legislative process rather than the quasi-judicial 345 process. Additional conditions may be negotiated, and you'll see this in the motions that are available to you when 346 you do make a motion on the zoning case that's presented to you this evening if it is agreeable to the applicant and 347 they agree to it in writing by the time we get to the end of the public hearing. Again, you’re making a recommendation 348 to the Board of Commissioners tonight, this is not a public hearing, but it will lead to one, and oh, this is very 349 important, rezoning decisions are based on the determination of whether that request is consistent with the purpose 350 and intent of the principles, goals, and objectives of the adopted comprehensive plan. That is per statute. So the 351 process that led us to today, the application was received by the County, it was reviewed by our development 352 advisory committee several times, there was a neighborhood information meeting hosted by the applicant per our 353 ordinance requirements, we are at this point this evening where the planning board is considering the matter and will 354