(Denying R-SS-C Rezoning)
A RESOLUTION DENYING AN APPLICATION FOR A ZONING ATLAS AMENDMENT FOR THE RUSCH HOLLOW NEIGHBORHOOD (2006-06-26/R-22)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of Habitat for Humanity Orange County Inc. to amend the Zoning Atlas to rezone property described below from Residential-1 to Residential-Special Standards-Conditional zoning, and fails to find that the amendment:
a) corrects a manifest error in the chapter, or
b) is justified because of changed or changing conditions in the area of the rezoning site or the community in general, or
c) achieves the purposes of the Comprehensive Plan.
For the reasons that:
a) the Zoning Atlas is not in error;
b) there have not been changed conditions that would justify this rezoning; and
c) the Land Use Plan, a component of the Comprehensive Plan, identifies this parcel for low-density residential use.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application of Habitat for Humanity Orange County Inc. to amend the Zoning Atlas to rezone approximately 10,431 square feet of the property located adjacent to and south of Lot 3 in the Rusch Hollow development identified as Chapel Hill Township Tax Map 23, Block D, part of Lot 17, (PIN 9870-53-6794) located on the east side of Rogers Road between Rusch Road and Purefoy Road, from Residential-1 to Residential-Special Standards-Conditional zoning.
The description of the entire property is 10,431 square feet of land area identified as Lot 3B as shown on the Proposed Recombination Plat Lot 3 Rusch Hollow & Lot 3, Block A, “Property of Roberts Construction Company” dated February 13, 2006, and on file at the Chapel Hill Planning Department and further described below:
BEGINNING at an iron in the Southwest corner of Lot 3, Rusch Hollow, as shown as Plat Book 96, Page 84, Orange County Registry; running from said beginning point North 66° 21’ 27” West 203.27 feet to an iron, thence South 0° 03’ 34” East 43.89 feet to an iron, thence South 56° 14’ 27” East 175.66 feet to an iron, thence North 33° 50’ 07” 72.22 feet to the place and point of BEGINNING, containing 10,431 square feet, more or less.
This the 26th day of June, 2006.