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Home My WebLink AboutORD-2012-026 (Not Approved) An Ordinance Denying an Application to Amend The Chapel Hill Joint Planning Transition Area Zoning Atlas Ordinance#: Qol'Q- o'Q(0 Attachment 5 23 AN ORDINANCE DENYING AN APPLICATION TO AMEND THE CHAPEL HILL JOINT PLANNING TRANSITION AREA ZONING ATLAS WHEREAS, the Orange County Board of Commissioners has considered the application from Pastor Thomas Nixon of St. Paul AME Church to amend the Zoning Atlas to rezone property described below from Residential-1 (R-1) to Residential-5-Conditional (R-5-C), and fails to find that the amendment: a) corrects a manifest error in the Unified Development Ordinance, or b) is justified because of changed or changing conditions in the area of the rezoning site or the county in general, or c) achieves the purposes of the Comprehensive Plan and/or Joint Planning Land Use Plan For the reasons that: [INSERT REASONS FOR DENIAL] NOW, THEREFORE, BE IT ORDAINED that the Orange County Board of Commissioners hereby denies the application from Pastor Thomas Nixon of St. Paul AME Church to amend the Zoning Atlas to rezone the property identified as now or formerly Orange County Parcel Identifier Numbers 9870-45-9243, 9870=54-0416, 9870-54-3735, 9870-54-4583, and 9870-54- 5947, located at 1604 Purefoy Drive, in the northeast quadrant of the intersection of Rogers Road and Purefoy Drive, including half of the Rogers Road and Purefoy Drive rights of way that are abutting the property frontage, from Residential-1 (R-1) to Residential-5-Conditional (R-5-C). The description of the entire property is as indicated below: Being all.that certain tract of land containing 894,722 square feet or 20.54 acres, more or less, located in Chapel Hill Township, Orange County, North Carolina, including one half of the abutting road right-of-ways and the tract being more particularly described as follows: Beginning at a point being the intersection of the centerlines of Purefoy Road (SR 1896) and Rogers Road (SR 1729), thence N15019'36" E, 31.37 feet to a point being the intersection of the northern Right-of-Way of Purefoy Road (SR1896) and the eastern Right-of-Way of Rogers Road (SR 1729) , the point and place of beginning; Thence with the eastern Right-of- Way of Rogers Road (SR 1729) N45'33'27" W, 259.61 feet to a point; Thence N01 031,02" W, 863.00 feet to a point; Thence NO2'32'23" W, 506.61 feet to a point; Thence N88*12'37" E, 293.39 feet to a point; Thence S00*47'23" E, 503.00 feet to a point; Thence N88'09'48" E, 124.45 feet to a point; Thence N87056'08" E, 401.63 feet to a point; Thence S01036'37" E, 863.01 feet to a point in the northern Right-of-Way of Purefoy Road (SR 1896); Thence along and with the northern Right-of-Way of Purefoy Road (SR1896) the following calls; Along and 24 with a curve to the left having radius of 633.68 feet and a central angle of 13°31'51"with an are length of 149.65 feet to a point; Thence S74035'56" W, 349.48 feet to a point; Thence along and with a curve to the left having radius of 203.18 feet and a central angle of 27'56'23" with an arc length of 99.08 feet to a point; Thence S47'13'37" W, 67.46 feet to the place and point of beginning. Containing 20.54 acres, more or less. BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances and that this ordinance shall be effective upon adoption. Upon motion of Commissioner seconded by Commissioner the foregoing ordinance was adopted this day of 2012. 1, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2012. SEAL Clerk to the Board of Commissioners b. Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment—St. Paul Village The Board received the Planning Board recommendation, closed the public hearing, and considered action on a proposal to amend the Joint Planning Area Zoning Atlas to change the zoning of a 20.9 acre 5-lot assemblage at the northeast corner of Rogers Road and Purefoy Drive from Residential-1 to Residential-5-Conditional. Planner Perdita Holtz introduced this item. This item was heard on March 29th. This rezoning is in order to develop the St. Paul Village project. This project would have some multi- family units. The Planning Board considered this at the May 2nd regular meeting and unanimously voted to recommend approval of the rezoning. Commissioner Jacobs asked the applicant about the possibility of partnering on the gym with local governments. Gloria Sheehy, who was representing the applicant, said that it is the plan of the church that this is a facility that is available to the broader community. There have been some conversations with the local schools. Commissioner Hemminger asked about sewer line and Gloria Sheehy said that it would start at Edgar Street and go up Purefoy Road. The goal is to facilitate any future extension. It will come up to Rogers Road. Commissioner Hemminger said that she wanted to bring this information to the Rogers Road task force meeting. A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to adopt the ordinance contained in Attachment 4 to amend the Joint Planning Area Zoning Atlas to change the zoning of a 20.9 acre 5-lot assemblage at the northeast corner of Rogers Road and Purefoy Drive from Residential-1 to Residential-5-Conditional. VOTE: UNANIMOUS 7. Regular Agenda a. Approval of Fiscal Year 2012-13 Budget Ordinance, FY2012-13 County Capital Grant Project Funding FY2012-17 Capital Investment Plan and County Fee Schedule The Board considered approving the Fiscal Year 2012-13 Budget Ordinance, FY 2012- 13 County Capital, Grant Project Funding, FY 2012-17 Capital Investment Plan and County Fee Schedule. Financial Services Director Clarence Grier said that staff requests the Board of County Commissioners to take action and adopt the budget ordinance. Fiscal Year 2012-13 Budget Ordinance Orange County, North Carolina Be it ordained by the Board of Commissioners of Orange County Section I. Budget Adoption