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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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BOCC
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3/19/2024
Meeting Type
Business
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Agenda
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5-a
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30 <br /> Third, if our proposed use of our land is in tension with the above Land Use objectives, then <br /> several permitted uses of land within the RB must also be in tension. (Conversely, if the <br /> permitted uses are not in tension with these LU objectives, then neither is our proposal.) <br /> Consider: <br /> • Mindful of the objective to "discourage new intensive non-residential land uses,"why <br /> should a "Large Facility Solar Array" be permitted in the RB but a place to stage saw logs <br /> and wood chips for their environmentally responsible usage not be allowed? Or, why <br /> should Non-Farm Use of Farm Equipment be allowed but not the parking of tree <br /> equipment and vehicles necessary for managing and harvesting of local trees and <br /> timber? <br /> • Mindful of the objective to "encourage a separation of urban and rural land uses," why <br /> should it be permissible to build Government Facilities and Office Buildings in the RB but <br /> it not be permissible for us to build office space to accommodate our clerical staff? <br /> • Mindful of the objective to "maintain the rural, low density land as Rural Buffer" why <br /> should it be permissible to build Kennels, Care Facilities, Recreational Facilities, Group <br /> Homes, Family Care Facilities, and Sewer Pumping Stations in the RB, but it not be <br /> permissible for us to create indoor and outdoor facilities to train future tree workers? <br /> The upshot here is that none of the Comprehensive Plan's goals or objectives regarding the <br /> Rural Buffer prohibit our proposed plan. Such a prohibition must instead find justification in the <br /> particulars of our land and of our proposed usage. That justification, moreover, must override <br /> the combined weight of the many and diverse considerations in favor of our proposed usage, <br /> themselves rooted in the Comprehensive Plan. <br /> The particulars of our 10-acre parcel (situated just where it is), as well as the particulars of our <br /> local tree care business (both its needs and the distinctive services it offers) are what align so <br /> well with the County's own goals and objectives as outlined in the Comprehensive Plan. We <br /> cannot make similarly strong arguments for the sorts of developments that readily spring to <br /> mind as "urban sprawl." None of the considerations we have raised in favor of our proposal <br /> would give, for example, any support for building a discount retail franchise at Carrboro's <br /> bucolic border. The point is this: should the County find our particular case for rezoning <br /> compelling, the Rural Buffer remains safe. No worrisome precedent is set to which subsequent <br /> applicants could generically appeal. Rather, the County will decide subsequent cases just as the <br /> Comprehensive Plan instructs, balancing its many goals and objectives with which every <br /> particular rezoning case uniquely interacts. <br /> According to the Comprehensive Plan, protecting the Rural Buffer's open spaces is about <br /> striking the "appropriate balance between the rights of private property owners and the <br /> 23 <br />
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