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Approved 7.10.24
<br />be making a recommendation to the commissioners. You also will be making recommendations to the 355
<br />commissioners on a related text amendment application and two amendments to the comprehensive plan, one to the 356
<br />Future Land Use Map and the other to Appendix F. So this is just to drive the point home, the enabling legislation is 357
<br />160D-703, this is reflected in Section 2.9 of the Orange County UDO, and some guidance from the statute is that all 358
<br />zoning regulations should be made in accordance with the comprehensive plan and the intent of that is to promote 359
<br />the public health, safety and general welfare and something that should be considered when changing the zoning is 360
<br />the character of the district, it's particular suitability for particular uses and with a view to conserving the value of 361
<br />buildings and encouraging the most appropriate use of the land throughout our jurisdiction which is countywide. 362
<br />Additionally, in 702 it identifies what may be regulated through conditional zoning, what cannot, and this is at the very 363
<br />bottom and was clarified in the regulatory reform text amendments that were also heard by this board in May is that 364
<br />we are not permitted to regulate the appearance, architecture or aesthetics of any buildings covered by the North 365
<br />Carolina Residential Code, so that's single-family dwellings, duplexes, triplexes and quadplexes. And then this just 366
<br />reiterates that we are empowered to regulate conventional zoning districts as well as conditional zoning districts by 367
<br />statute, and that we are permitted to do so per statute in a negotiation with the applicant, and that these conditions 368
<br />should be limited to those that address the conformance of the development and use of the site to local government 369
<br />ordinances or the impacts reasonably expected to be generated by the development or use of the site. So, what is 370
<br />the applicant's responsibility? They must establish the use type, this evening we're considered a master plan 371
<br />development. They must provide a formal site plan or in this case a master plan according to our UDO and the 372
<br />application is subject to conditions of approval both those that are included in the application which, in this case is the 373
<br />master plan, as well as any other conditions the board or the board of commissioners wishes to negotiate with the 374
<br />applicant. So just a remainder, the comprehensive plan according to 160D and our UDO is the principal guiding 375
<br />document for all land use decisions in Orange County and any jurisdiction, but ours relates to our county. The 376
<br />Unified Development Ordinance is the laws that dictate how land is used and what development occurs in Orange 377
<br />County. Of course, construction is dictated by the building code. Any changes and what is permitted on a piece of 378
<br />land, the zoning, must be consistent or at least must be analyzed where it is consistent with the adopted 379
<br />comprehensive plan. I will remind you that 160D also makes it clear that the County can make decisions that are 380
<br />inconsistent with our comprehensive plan and thereby amend our comprehensive plan through a zoning decision. 381
<br />They do not have to necessarily be consistent, but the actions of the elected officials can be inconsistent with our 382
<br />adopted plan and thereby amend the adopted plan to reflect the actions of the board. The principal guidance for land 383
<br />use decisions in our comprehensive plan is the Future Land Use Map that is proposed for amendment as well this 384
<br />evening and we will have details on that in a moment. And just a reminder that this is where we are in the process, 385
<br />this has been a lengthy process, the application was first received by the county last year and has been under review 386
<br />for over a year. So, the objectives tonight, just to reiterate, is to hear from the staff and our analysis, the applicant 387
<br />and to take public comments to discuss the analysis and the recommendations and to make a recommendation on 388
<br />the zoning application, but also the text amendment and comprehensive plan amendments to the Board of 389
<br />Commissioners for their consideration. And with that, I do thank you for the motion to consolidate the matters, we're 390
<br />going to begin with the zoning atlas analysis and then you'll see we will lead right into the text amendment and then 391
<br />into the comprehensive plan amendments, and the current inconsistencies that the applicant proposes to remedy and 392
<br />what the impacts of those may be to the county. So where is the property in question? It is in Bingham Township 393
<br />near the intersection of 54 and Morrow Mill Road, more specifically at Gold Mine Loop. It is an unaddressed 394
<br />property, it was formerly the Cheeks Farm, but the property was subdivided about a year ago to create this parcel of 395
<br />land that was purchased by Hands Four Development. Its current zoning is agricultural residential. The requested 396
<br />zoning is master plan development conditional district and the proposed use is for 150 residences in a variety of 397
<br />housing types, a community center, two family care facilities, and recreational amenities to serve the residents of that 398
<br />community. Additionally, as you'll see in a future slide there is a principal stem road that will be partly DOT 399
<br />maintained and access to both Morrow Mill Road and Gold Mine Loop. The surrounding zoning is a mixture of 400
<br />principally agricultural residential and then on North Carolina 54 you have commercial zoning that is adjacent to the 401
<br />property. This is the site-specific master plan, and you can see the different housing types here. You'll see in the 402
<br />middle the kind of center of the community with the non-principal non-residential uses. Just to orient you, this is true 403
<br />north, so this is how the layout that's in the plans, but if we are to get our bearings, this is north, and North Carolina 404
<br />54 is just north of this orientation. To the west is Gold Mine Loop. If you're just trying to think about where you're at. 405
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