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5 <br />"Pursuant to North Carolina General Statutes Section 160A -382, a request for <br />rezoning to a conditional use district may be made only by application from the <br />owner(s) of all the property included in the area proposed to be rezoned. An <br />.application for rezoning to a conditional use district may include a request by the <br />property owner(s) to limit the uses allowed with approval of a Special Use Permit. <br />An application for rezoning to a conditional use district may be accompanied by an <br />application for a Special Use Permit, as provided in Section 4.5 of this Chapter, and <br />may be reviewed concurrently with • the Special Use Permit application; provided, <br />however, that the Special Use Permit application shall be approved separately as <br />provided in Section 4.5 of this Chapter." <br />The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary <br />authority to approve or deny the rezoning request. <br />Existing Zoning <br />The site is presently zoned Residential -1 (R -1), which is a low density residential zoning district. <br />The Residential -1 zoning district requires a 17,000 square foot minimum lot size, establishes a floor <br />area ratio of 0.076, and establishes a density cap not to exceed 3 units per acre. <br />Proposed Amendment to the Joint Planning Area Zoning Atlas <br />The applicant has submitted a Zoning Atlas Amendment requesting that the site be rezoned from <br />Residential -1 (R -1) to the Office /Institutional -l-Conditional (OI -1 -C) zoning district. The <br />Office /Institutional -l-Conditional zoning district requires a 5,500 square foot minimum lot size, <br />establishes a floor area ratio of 0.264, and establishes a density cap not to exceed 10 units per acre. <br />Discussion <br />Analysis of this application is organized around the requirement of the Land Use Management <br />Ordinance that Article 4 shall not be amended except a) to correct a manifest error in the chapter; or <br />b) because of changed or changing conditions in a particular area or in the jurisdiction generally, or <br />c) to achieve the purposes of the Comprehensive Plan. <br />A) A rezoning is justified to correct a manifest error. <br />Staff Comment: We believe the information in the record to date can be summarized as follows: <br />Arguments in Support: We were unable to identify any arguments in support. <br />Arguments in Opposition: We were unable to identify any arguments in opposition. <br />(i •.(:,)I'nprehennive Planninf C >ia(T1:N1. \`MiH)7 Public I lealings,;Apc '2h .Ii ?r1`s�nirr�l ServiMS I ;LM1111y 0C Allimill Shalwr JigA PT Ii 20070420 -ft al.doi: <br />