ATTACHMENT 1

ORDINANCE

(Rezoning to MU-V zoning)

AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE WOODMONT DEVELOPMENT (Durham Parcel Identifier Numbers:  9798-04-93-2035, 9798-04-92-0930, 9798-04-82-9499, 9798-04-82-6093, 9798-04-81-1816, 9798-04-71-8729, and 9798-04-82-6534)

WHEREAS, the Council of the Town of Chapel Hill has considered the application from Capitol Associates to amend the Zoning Atlas to rezone property described below from Residential-2 (R-2) and Neighborhood Commercial (NC) to Mixed Use-Village (MU-V), 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 Durham Parcel Identifier Numbers 9798-04-93-2035, 9798-04-82-9499, 9798-04-82-6093, 9798-04-81-1816, 9798-04-71-8729, and 9798-04-82-6534 that are currently zoned Residential-2 (R-2) located on the south side of NC 54, between Barbee Chapel Road and Little John Road shall be rezoned to Mixed Use-Village and that the area to be rezoned shall also extend to the center of the right-of-way along the site’s frontage on Barbee Chapel Road and NC 54.  The description of the entire property is as indicated on the attached map.

SECTION II

That the site, identified as now or formerly Durham Parcel Identifier Number 9798-04-92-0930 that is currently zoned Neighborhood Commercial (NC) located on the south side of NC 54, between Barbee Chapel Road and Little John Road shall be rezoned to Mixed Use-Village and that the area to be rezoned shall also extend to the center of the right-of-way along the site’s frontage on Barbee Chapel Road and NC 54.  The description of the entire property is as indicated on the attached map.

SECTION III

That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

This the ________day of _____________, 2008.