Orange County NC Website
5 <br />WHEN CONSIDERING A PLANNED DEVELOPMENT, ACTION BY THE <br />BOARD OF COUNTY COMMISSIONERS SHALL BE AS PROVIDED FOR <br />AMENDMENTS GENERALLY (LEGISLATIVE DECISIONS). <br />RECOMMENDATION: Administration recommends: <br />• Denial of the Zoning Atlas amendment to rezone 83.216 acres <br />from R -1 to PD -H -R3 based on the following: <br />➢ The requested Zoning Atlas amendment would result in a use <br />that would be incompatible with neighboring land uses <br />because of the higher density of the proposed development <br />compared to most of the surrounding area. Rezoning the <br />property to PD -H -R3 would not "facilitate protection of the <br />character of surrounding neighborhoods" as required by <br />Article 7, section 7.1, of the Orange County Orange County <br />Zoning Ordinance.) <br />➢ The applicant has not provided any evidence that the property <br />is expected to be annexed by the Town of Hillsborough, <br />criteria for application of the R -3 district as stated in Article 4, <br />section 4.2.4 of the Orange County Zoning Ordinance <br />➢The applicant has not provided evidence that the use proposed <br />by the Zoning Atlas amendment will maintain the value of <br />adjacent property. <br />THE RESOLUTION TO DENY THE ZONING ATLAS <br />AMENDMENT IS ON PAGE 9. <br />• Denial of the class A special use permit because <br />➢ the proposed class A special use permit application cannot be <br />approved unless the property is zoned PD -H -R3- <br />THE RESOLUTION TO DENY THE CLASS A SPECIAL USE <br />PERMIT IS ON PAGE 11. <br />If the board votes to deny the rezoning from R -1 to PD -H -R3, the Board <br />must also deny the special use permit for a planned development. If <br />the rezoning is denied, the board does not have to address the finding <br />of facts (pages 17 - 26) for the class A special use permit. <br />However, if the board approves the rezoning, the board must also <br />consider the special use permit application and approve it without <br />g:\ plandev\ pd398\ pd398fin .abs \5- 13- 99 \5- 21- 99 \5- 26 -99\kl <br />