ATTACHMENT 1

ORDINANCE

(Rezoning to R-4-C zoning)

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE HOMESTEAD TWIN TOWNS DEVELOPMENT (Orange County Parcel Identifier Numbers 9870-61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870-71-3197)

WHEREAS, the Council of the Town of Chapel Hill has considered the application of Capkov Ventures, Inc., to amend the Zoning Atlas to rezone property described below from Residential-2 (R-2) to Residential-4-Conditional (R-4-C) zoning, and finds that the amendment is 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 that the Chapel Hill Zoning Atlas be amended as follows:

SECTION I

That the site, identified as now or formerly Orange County Parcel Identifier Numbers 9870-61-8194; a portion of 9870-61-8593; a portion of 9870-70-1770; and 9870-71-3197; that is currently zoned Residential-2 (R-2) located on the south side Homestead Road just west of Seawell School Road, shall be rezoned to Residential-4-Conditional (R-4-C) with the following limitations on uses:

• That residential development shall be limited to a maximum of 72 dwelling units; and
• That the maximum floor area shall be limited to 157,431 square feet; and
• That a minimum of 20 percent of the proposed dwelling units shall consist of permanently affordable units available for private ownership.  An affordable dwelling unit shall be defined as a unit that is priced at a level affordable to a family of four earning 80 percent or less of the Raleigh-Durham-Chapel Hill median income, as provided by the U.S. Department of Housing and Urban Development (HUD); and
• That with the submission of a Final Plan application for the Homestead Twin Town Special Use Permit, the applicant will demonstrate site planning, landscaping, and structure design which maximizes the potential for energy conservation and use of renewable energy by reducing the demand for artificial hearing, cooling, ventilation, and lighting, and facilitating the use of solar and other energy resources.

The description of the site to be rezoned is indicated on the attached map, including abutting right-of-way to the center line of Homestead Road and to the eastern edge of the right-of-way of Seawell School Road. 

SECTION II

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the _____ day of _________, 2007.