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) (2007-05-21/O-5)

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 by encouraging walking and bicycling, and reducing automobile travel, near the existing schools;

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 not exceed 157,431 square feet; and

· That a minimum of 15 percent of the proposed dwelling units shall consist of permanently affordable dwelling units for private ownership available to low and moderate income households with annual income at or below 73 percent of the Raleigh-Durham-Chapel Hill area median income as provided by the U.S. Department of Housing and Urban Development (HUD). A minimum of eleven affordable units with three bedroom and two bath units income to be provided; and

· That the Final Plan for the Special Use Permit will incorporate a “20 percent more energy efficient” feature into their plans, relative to the energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of building permit issuance; and

· That other comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by applicants when incorporating the “20 percent more energy efficient” feature into their plans; and

· That the applicant include an Energy Management Plan in their Special Use Permit Final Plan application, to include consideration of utilizing sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power, in the proposed development; and

· That the Energy Management Plan would consider the purchase of carbon offset credits and green power production through coordination with the NC Greenpower program; and

· That the Energy Management Plan shall provide for an acceptable level of increased energy efficiency that ensures indoor air quality and adequate access to natural lighting, and allows for the proposed utilization of sustainable energy in a development.

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 21^st day of May, 2007.