ATTACHMENT 1

ORDINANCE

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REQUIREMENTS FOR THE USES AND RATIO OF USES PERMITTED IN THE MIXED USE-OFFICE/INSTITUTIONAL-1 ZONING DISTRICT (PIN 9880-36-1885)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance regarding modification to the requirements for uses and the ratio of uses in the Mixed Use-Office/Institutional-1 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. Subsections 3.5.1(e)(2) and 3.5.1(e)(3)(A-E) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“Permitted Uses and Development Intensities - Mixed Use-OI-1

(2)     If development of property in a Mixed Use-OI-1 zone is proposed, and the proposal meets all of the following thresholds, then the set of permitted use and intensity regulations described in subsection (3) shall apply.  Those thresholds are:

A.        Minimum lot size of 20 contiguous acres (may include parcels on both sides of a street).

B.        Uses proposed in one of the following combinations:

• Office, Commercial, and Residential uses
• Office and Commercial uses
• Office and Residential uses

C.        At least 60% of floor area devoted to "business, office-type" uses, “clinic” uses and/or residential uses, as defined in this Land Use Management Ordinance.

D.     No more than 85% of the floor area shall be devoted to "business, office-type" uses, “clinic” uses and residential uses, as defined in the Land Use Management Ordinance.

(3) If a development proposal in a Mixed Use-OI-1 District meets all of the thresholds listed in subsection (2), then the following use and intensity regulations shall apply:

A.       For commercial floor area, permitted uses shall be those listed in Section 3.7 as permitted uses in the Community Commercial (CC) District, except as noted in paragraph D below.

B.        For residential floor area, permitted uses shall be those listed in Section 3.7 as permitted uses in the R-5 District, except that in addition, multifamily development of more than 7 units shall be permitted.

C.        For office floor area, permitted uses shall be those listed in Section 3.7 as permitted uses in the OI-1 District.

D.        The following uses are not permitted in the Mixed Use-OI-1 Zone:

• Automotive Repair
• Automotive, Trailer, and Farm Implement Sales or Rental
• Kennel
• Supply Yard
• Veterinary Hospital

E.     Dimensional Standards shall be those listed in Section 3.8, 3.7 for the Community Commercial (CC) Zone.”

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

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

This the ____ day of _________, 2006.