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Agenda - 12-09-2003-8k
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Agenda - 12-09-2003-8k
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BOCC
Date
12/9/2003
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Agenda
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8k
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Minutes - 20031209
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\Board of County Commissioners\Minutes - Approved\2000's\2003
ORD-2003-186 Proposed Amendment to the Joint Planning Area Zoning Atlas for the Rusch Hollow Site on Rusch Road (JPA-CH-Z-1-03)
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\Board of County Commissioners\Ordinances\Ordinance 2000-2009\2003
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<br />units per acre, along with additional modifications to the land use intensity regulations. The <br />Residential-Special Standards-Conditional (R-SS-C) zoning district was introduced in order to <br />facilitate development of affordable housing. <br />Summary of the Chapel Hill and Joint Planning Area Land Use Plans <br />A .Joint Planning Area Land Use Plan was adopted in 1986, Chapel Hill has since adopted a new <br />Land Use Plan in May 2000 which Orange County adopted as an amendment to the 1986 .Joint <br />Planning Area Land Use Plan effective October 15`, 2003, <br />The application site is located in an area generally between Homestead Road and Eubanks Road, <br />and between the railroad tracks and west to Rogers Road. The Joint Planning Area Land Use <br />Plan as amended in this location is designated as "Low Residential", 1-4 units per acre.. <br />In the case of the parcels in question and the proposed rezoning the Residential-Special <br />Standards-Conditional (R-SS-C) zoning district has no minimum or maximum density however; <br />an accompanying Special Use Permit application shows a site layout for 5.2 units per acre. <br />The proposed rezoning will therefore exceed the density envisioned by The .Joint Planning Area <br />Land Use Plan. <br />Zoning Atlas Amendments <br />Zoning determines the type and intensity of uses and development that are allowed on a piece of <br />land. A Zoning Atlas Amendment involves a change to the current zoning, and thus the permitted <br />types and intensity of land uses. In accordance with the Town of Chapel Hill's Zoning <br />Ordinance, a rezoning may be requested in two ways: general use and conditional use rezoning <br />requests. <br />A general use rezoning request is a proposal to change the zoning to a different zoning district in <br />which any of several kinds of developments and uses are permissible. A conditional use rezoning <br />request is a proposal to allow development and uses only with (1) specific limitations, and (2) the <br />approval of a Special Use Permit. The Rusch Hollow rezoning application is a conditional use <br />rezoning request, Consequently, if the Rusch Hollow conditional use rezoning request were to be <br />approved, the applicant would still need to receive approval for a Special Use Permit application <br />from the Town of Chapel Hill, prior to development actually occurring on the site. <br />The zoning designation of a property determines the range of land uses and development <br />intensities permitted on the property. Article 4.4 of the Town of Chapel Hill's Land Use <br />Management Ordinance establishes the intent of Zoning Atlas Amendments by stating that, "In <br />order to establish and maintain sound, stable, and desirable development within the planning <br />jurisdiction of the Town it is intended that this chapter shall not be amended except: <br />a) to correct a manifest error in the chapter; or <br />2 <br />
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