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Hollow. He suggested that, at the close of public hearing, that the hearing be adjourned and the item referred to the Board of County Commissioners, the Orange County Planning Board, and the Chapel Hill Town Council without a date specific. The preliminary staff recommendation is for denial because the proposed rezoning carries a potential for a higher level of density than the land use plan would call for. Bill Strom asked about the affordable housing component here. Roger Waldon said it has been the practice in Chapel Hill to expect new applicants to make provisions such that 15°~ of their development would be affordable to families of low and moderate income. It is his understanding that it is the applicant's intent that 15°fo of units would be affordable. Bill Strom said that his understanding was that this was going to be a rental property. There has been a challenge recently on the rental properties being affordable. He asked if there had been any discussion with the applicant about how the 15°~ would be made available to rentals and Roger Waldon said not much discussion has taken place. Bill Strom is concerned that 15°l0 of the units would not be available to the people that need them. Flicka Bateman asked Roger Waldon if he shared with the boards the CHCCS interest in this and the mix up that followed. The school system thought they had first dibs on the property. Roger Waldon explained that a concept plan for this property was reviewed by the Town Council previously and the Chapel Hill Land Use Plan, now the Joint Planning Area Land Use Plan, has an S on this property. The S means that the site has been identified by the CHCCS as a site that would be of interest for a school. There is a current provision in Chapel Hill's Land Use Management Ordinance that is based on special enabling legislation that Chapel Hill received that says that any property designated on the land use plan with an S is subject to some rules. One of the rules is that if an application for a subdivision is submitted, the Town is expected to notify the school district that an application has been submitted. The school district would have the ability to ask that consideration and development of this site for a subdivision be delayed while the school district considers acquisition. The concept plan is a special use permit, so the notification was not triggered. The Town Council asked the legislative delegation to introduce new legislation to allow the Town Council to designate potential school sites that would trigger the same requirement for special use permits. The legislation has been passed. However, the legislation goes on to say that anything that is already in the works would not be subject to the delay provisions. PUBLIC COMMENT: Jack Smyre was representing the developer for Chapel Watch Village. He distributed some letters. He gave a presentation of the subdivision. The tract is 35 acres. Across from this property, on the north side of Eubanks Road, is a collection of properties designated as mixed use. Chapel Hill North is in this area as well as Timberlyne shopping center. There is existing vegetation on the site.