Agenda - 10-15-2003-1 - Laserfiche WebLink

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~~~5 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: 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 a rezoning request. Existing Zoning The site is presently zoned Residential-1 (R-1), which is aloes-density residential zoning district. The Residential-1 zoning district requires a 17,000 square feet minimum lot size and a density cap of 3 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-1 (R-1) to the Residential-Special Standards-Conditional {R-SS-C) zoning district. Discussion Analysis of this application is organized around the requirement of the Land Use Management Ordinance that Article 4 of the Land Use Management 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 3