11.12.25 BOA Agenda Packet - Laserfiche WebLink

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Land Use Buffers/Setbacks Per UDO Section 5.8.2(B)(2), Care Facilities shall provide a Type B, 30 ft. buffer around the facility and outdoor areas in accordance with Section 6.8.6 Landscape Buffers. The buffer requirement is imposed to screen the view of outdoor areas associated with the Care Facility use and reduce noise associated with the facility. The property and proposed use may qualify for UDO Section 6.8.3 Variations, which allows for modification to landscaping and buffer standards when existing structures, utilities, gardens or active farmland are already located in what would be a required buffer area. Section 6.8.3 grants the Planning Director authority to modify the buffer and landscape standards in these instances. Proposed Buffers North Existing wooded areas proposed to be maintained except where “proposed future building site” is noted on site plan. South Existing wooded areas and garden areas to be maintained, as permitted by UDO Section 6.8.3 Variations East 30-foot buffer along Dodson Knoll Road West Existing wooded areas proposed to be maintained except where “proposed future building site” is noted on site plan Environmental Assessment The applicant has provided an Environmental Assessment (EA) application and supporting materials as required in Section 6.16 of the UDO with their submittal. These materials were shared with various State agencies via the NC Department of Administration’s State Clearinghouse. Planning staff and Department of Environment Agriculture Park and Recreation (DEAPR) staff have jointly reviewed the materials and agree with a determination of “Finding of No Significant Impact (FONSI)” as required in Section 2.25.1(B)(5) of the UDO. Solid Waste The applicant has indicated development within the project will conform to the Orange County Solid Waste Management Ordinance. Solid Waste staff were included in the September 19, 2025, DAC review. Ordinance Requirements “Care Facility” is defined as Use #19 in the Table of Permitted Uses and within Article 10 Definitions of the UDO as: “Use type offering temporary care to clients, including children, adolescents, and adults, for no more than eight hours in a 24-hour period. Care can be offered regardless of the time of day and whether or not operated for profit. Term includes Childcare Centers, and any other Child Care arrangement not excluded by General Statute 110-86(2), that provides child care. a). A Child Care center is an arrangement where, at any one time, there are three or more pre- school children or nine or more school-aged children receiving Child Care. b). A family Child Care home is a Child Care arrangement located in a residence where, at any one time, more than two children, but fewer than nine children, receive Child Care.” STAFF COMMENT: In the case of this application, the applicant is seeking a special use permit for the existing facility, which currently operates as a bona fide farm-related use, to receive a 21