ATTACHMENT 1

ORDINANCE

(Approval)

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE ALLOWING USES BY RIGHT IN THE MIXED USE-VILLAGE ZONING DISTRICT

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance regarding modification application requirements in the Mixed Use-Village zoning district and finds that the amendments are warranted in order to achieve the purposes of the Comprehensive Plan;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Subsection 3.5.1(d)(2) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

 (d)   Mixed Use Development Design Standards--MU-V.

 (1)   All design standards specified in article 5 of this appendix and in the town's design guidelines in effect at the time a proposal is being reviewed shall apply to the design of development proposed as a mixed use development as defined by this article along with the provisions of subsections (2) through (5), below.

(3)(2)      Any application for mixed use development shall include a Concept Plan as provided in section 4.3 and a Special Use Permit as provided in section 4.6, of this appendix, or Site Plan Review, as provided in section 4.7 of this appendix, if the floor area of the proposed development is less than 20,000 square feet and the area of disturbed land is less than 40,000 square feet. The Special Use Permit shall include a phasing plan that specifies the stages of development build out. The phasing plan shall identify the sequence of development for the land uses shown on the special use permit. The phasing plan information may be prepared as a plan, a table, or a report. It shall include general phasing of internal and external traffic circulation systems, amenities, and utility improvements that will be constructed concurrent with the land use development. Land use development scheduling shall include a general indication of size, either in square footage or acres. The plan shall also indicate the expected impact of the development on existing or proposed public facilities, including but not limited to, streets, transit, schools, water and sewer systems, and public safety. The applicant shall provide assurances that all the use categories will be constructed and that the project will, in fact, result in a mixed use development satisfying the purpose section of this district. The applicant shall include all of the required use categories (residential, commercial, and office uses) in the first phase of the project.

Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

Section 3. That the amendments shall become effective upon enactment.

This the ____ day of _________, 2008.