Agenda - 04-26-2007-c1 - Laserfiche WebLink

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k As related to conditional use zoning, Article 4.4 of the Land Use Management Ordinance stipulates that: "Pursuant to North Carolina General Statutes Section 160A -382, a request for rezoning to a conditional use district may be made only by application from the owner(s) of all the property included in the area proposed to be rezoned. An application for rezoning to a conditional .use district may include a request by the property owner(s) 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 Section 4.5 of this Chapter, and may be reviewed concurrently with the Special Use Permit application; provided, however, that the Special Use Permit application shall be approved separately as provided in Section 4.5 of this Chapter." The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary authority to approve or deny the rezoning request. EXistinL 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 10,000 square foot minimum lot size, establishes a floor area ratio of 0.093, and establishes a density cap not to exceed 4 units per acre. Proposed Amendment to the Joint Planning Area Zoning Atlas The applicant has submitted a Zoning Atlas Amendment requesting that the site be rezoned from Residential -2 (R -2) to the Residential -4- Conditional (R -4 -C) zoning district. The Residential -4- Conditional zoning district requires a 5,500 square foot minimum lot size, establishes a floor area ratio of 0.230, and establishes a density cap not to exceed 10 units per acre. Discussion Analysis of this application is organized around the requirement of the Land Use Management Ordinance that Article 4 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. A) A rezoning is justified to correct a manifest error. Staff Comment: We believe the information in the record to date can be summarized as follows: Arguments in Support: We were unable to identify any arguments in support. Arguments in Opposition: We were unable to identify any arguments in opposition. (i:lC oinpreb:n.<.ive Picmnin$ Dh.,GI.-Ni:il'_tU07 Public tira: ing };Aj7i'2(TJi'',1`,ilOm5rea(17 "win 'Ioxnsal'i'winv )PA T'ilrneino 2(rU7U42tilinal . dcrc