Agenda 04-11-2001 late - Laserfiche WebLink

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L, As related to conditional use zoning, Article 20 of the Development Ordinance stipulates that: An application for rezoning to a conditional use district may include a request, by the property owner, to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Article 18, and may be reviewed concurrently with the Special Use Permit application. The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary authority, to approve or deny a rezoning request. Existing Zoning The site is presently zoned Residential -2 (R -2), which is a low- density residential zoning district. The Residential -2 zoning district requires a minimum of 10,000 square feet of gross land area for a single - family house, and 21,780 square feet for a two - family use. If the site is 5.0 acres or larger in size, then multi- family development is allowed in the Residential -2 district as part of a Planned Development- Housing approved by the Council, at a maximum density of 4.0 units per acre. Proposed Amendment to the Joint Planning Area Zoning Atlas The property owner has submitted a Zoning Atlas Amendment requesting that the site be rezoned from 'Residential -2 (R -2) to Residential -4- Conditional (R -4 -C). The owner has submitted a letter outlining voluntary limitations regarding the future use of the site, if the Residential -4- Conditional (R -4 -C) zoning is approved for this site. We note that the applicant's letter (which is attached to this memorandum) includes the following conditions of rezoning: + "A 4.1 units per acre cap on the residential density of the rezoned acreage." • "Provision of affordable housing (defined as 80 percent of the area's median income for a family of four) at a rate of 15 percent of the total housing." Analysis Analysis of this application is organized around the requirement of the Town of Chapel Hill Development Ordinance that Article 20 of the Development Ordinance shall not be amended except a) to correct a manifest error in the chapter; or b) because of changed or, changing conditions in a particular area or in the jurisdiction generally, or c) to achieve the purposes of the Comprehensive Plan. Accordingly, we provide the following analysis: A) A rezoning is necessary to correct a manifest error. Staff Comment: We believe information in the record to date can be summarized as follows: 3