Agenda - 09-19-2007-6e - Laserfiche WebLink

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9 Summary of the Chapel Hill and Joint Planning Area Land Use Plans A Joint Planning Area Land Use Plan was adopted in 1986. Chapel Hill has since adopted a new Land Use Plan in-May 2000 which Orange County adopted as an amendment to the 1986 Joint Planning Area Land Use Plan effective October 1, 2003. The application site is located on the south side of Eubanks Road between the Orange County Landfill and Millhouse Road. The Joint Planning Area Land Use Plan, as amended, in this location is designated as "Low Residential", 1-4 units per acre. Zoning Atlas Amendments The zoning designation of a property determines the range of land uses and development intensities permitted on the property. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted types and intensity of land uses. In accordance with the Town of Chapel Hill's Land Use Management Ordinance, a rezoning may be requested in two ways: general use and conditional use rezoning requests. A general use rezoning request is a proposal to change the zoning to a different zoning district in which any of several kinds of developments and uses are 'permissible. A conditional use rezoning request is a proposal to allow development and uses only with (1) specific limitations, and (2) the approval of a Special Use Permit. The Homestead Twin Towns rezoning application is a conditional use rezoning request. Consequently, if the Homestead Twin Towns conditional use rezoning request were to be approved, the applicant would still need to receive approval for a Special Use Permit application from the Town of Chapel Hill, prior to the proposed development actually occurring on the site. If a Special Use Permit issued for a Conditional Use District is abandoned, revoked, or void, the conditions use zoning also becomes void and the property reverts back to the .previous zoning district. Article 4.4 of the Town of Chapel Hill's Land Use Management Ordinance establishes the intent of Zoning Atlas Amendments by stating that, "In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter 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." Article 4.4 further indicates: "It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan." As related to conditional use zoning, Article 4.4 of the Land Use Management Ordinance stipulates that: