Orange County NC Website
Browse       Search
4 <br />As related to conditional use zoning, Article 20 of the Development Ordinance stipulates that: <br />An application for rezoning to a conditional use district may include a request, by <br />the property owner, to limit the uses allowed with approval of a Special Use <br />Permit. An application far rezoning to a conditional use district may be <br />accompanied by an application far a Special Use Permit, as provided in Article <br />18, and may be reviewed concurrently with the Special Use Permit application. <br />The Orange County Board of Commissioners and the Chapel Hill Town Council have <br />discretionary authority to approve or deny a rezoning request. <br />Existing Zoning <br />The site is presently zoned Residential-2 (R-2), which is alaw-density residential zoning district. <br />The Residential-2 zozung district requires a minimum of 10,000 squaze feet of gross land azea for <br />a single-family house, and 21,780 square feet for atwo-family use. 1f the site is 5.0 acres or <br />larger in size, then multi-family development is allowed in the Residential-2 district as part of a <br />Planned Development-Housing approved by the Council, at a maximum density of 4.0 units per <br />acre. <br />Pro used Amendment to the Joint Plannin Area Zonin Atlas <br />The property owner has submitted a Zoning Atlas Amendment requesting that the site be rezoned <br />from ~tesidential-2 (R-2) to Residential-4-Conditional (R-4-C). The owner has submitted a letter <br />outlining voluntary limitations regazding the future use of the site, if the Residential-~4- <br />Conditional (R-4-C) zoning is approved for this site. We note that the applicant's letter (which is <br />attached to this memorandum) includes the following conditions of rezoning: <br />"A 4.1 units per acre cap on the residential density of the rezoned acreage." <br />"Provision of affordable housing (defined as 80 percent of the area's median <br />income for a family of four) at a rate of 15 percent of the total housing." <br />Analvsis <br />Analysis of this application is organized around the requirement of the Town of Chapel Hill <br />Development Ordinance that Article 20 of the Development Ordinance shall not be amended <br />except a) to correct a manifest error in the chapter; or b) because of .changed or changing <br />conditions in a particular area or in the jurisdiction generally, or c) to achieve the purposes of the <br />Comprehensive Plan. <br />Accordingly, we provide the following analysis: <br />A) A rezoniag is necessary to correct a manifest error. <br />Staff Comment: We believe information in the record to date can be summarized as follows: <br />3 <br />