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Development Agreement Modifications

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The Carolina North Development Agreement between the Town of Chapel Hill and the University of North Carolina at Chapel Hill was approved in 2009.  The Agreement has a process to allow for Minor Modifications.  As modifications are proposed, they will be posted here with supporting information.

Minor Modification Requests:


 

Carolina North Minor Modification Process (Land Use Management Section (LUMO) Section 3.5.5.)

 

All proposed adjustments to the approved development agreement must be publically posted so the “citizens of Chapel Hill will have the opportunity to express any concerns to the Town Council and/or the Town Manager.”

To accomplish this:

  • All proposed adjustments will be posted on a “Modifications” page linked to the Carolina North webpage when they are received.
  • Hard copies will also be placed in the Clerk’s office for public review.

Definition of a Minor Modification (LUMO Section 3.5.5.)
The Development Agreement allows for minor modifications to be approved by the Town Manager provided they do not include:

  • a substantial change in the boundaries of the development agreement; 
  • a substantial change in floor area or number of parking spaces;
  • substantial changes to pedestrian, bicycle or vehicular access or circulation beyond the boundaries of the agreement; or
  • substantial changes in the amount or location of open space within the boundaries of the development agreement. 

(for complete definitions, see the Ordinance 3.5.5. University-1 District, item j.  Note that some items that do not include the above may still constitute major modifications)

Review Period (LUMO Section 3.5.5. and Administrative Policy)

Classifying a proposed modification: Once a proposed modification submission is deemed complete, the Manager will classify a proposed adjustment as major or minor and must notify the Town Council and the University of his classification within 15 working days. The Manager will provide email notices to the Council for all determinations.

Decision on a proposed modification: In accordance with administrative policy, a decision on a proposal for a minor modification must be made by the Town Manager within 30 working days of the date the proposal is deemed complete.

The Manager will issue a Development Agreement Minor Modification Decision Letter to the University with his decision.

Once a proposal for a minor modification is deemed complete, the Manager may determine that it should be submitted at a Town Council meeting “to allow an opportunity for Council review and citizen comment” because of size, perimeter location or transportation impacts. In accordance with Section 3.5.5, this review at a Town Council meeting would not extend the time period for any decisions, unless mutually agreed upon by the University and the Town, and it would not convert the minor modification into a major amendment.

  • The Manager will notify the University by email and the Council of this additional review, when necessary, by placing the item on a Council agenda.

Major Amendments (LUMO Section 3.5.5.(j))
A major amendment would follow the procedure outlined in the Ordinance (2009-06-22/O-13), which is similar to the process that resulted in the June 2009 Development Agreement, beginning with an information consultation with the Manager and Council.

 

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