Town of Chapel Hill North Carolina Executive Summary
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Meeting Date: 9/24/2012

Title of Agenda Item: Second Reading to Consider Application for Zoning Atlas Amendment - Charterwood, 1641 Martin Luther King Jr. Boulevard.  (R-4) (O-1) (R-5)

Council Goal: Focus on Economic Development, Land Use, and Transportation for a Balanced and Sustainable Future

Background: On June 26, 2012, the Town Council voted 5-4 on a proposed ordinance to rezone approximately 9.9 acres of a 15.7 acres site located at 1641 Martin Luther King Jr. Boulevard from Residential-2 (R-2) to Mixed Use-Village (MU-V). By State Law, an ordinance must receive a 2/3 affirmative vote to be enacted on first reading. This summer members of the Planning staff attended a professional education program on recent developments in zoning law. Based on advice received at that program on a recent North Carolina court decision, we are recommending that the Council take a separate vote on a resolution (Resolution A) that adopts a statement regarding the reasonableness of the rezoning. The resolution is substantively the same as the language in the proposed rezoning ordinance (it does not require 6 votes on first reading, which is the case with respect to the rezoning ordinance). The language included in the proposed rezoning ordinance is identical to what was in the ordinance when it was considered on first reading in June. The initial separate vote on Resolution A is now recommended based on advice presented at the program this summer. Tonight, the rezoning ordinance is back before the Council for second reading. Attached are the agenda materials on this Zoning Atlas Amendment application from the June 26 Council meeting.

Fiscal Note: No fiscal impact determined at this time.

Recommendations: That the Council consider this matter on second reading.

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Resolution A
Ordinance A
Resolution B
Applicant's Materials
June 26, 2012 Executive Summary and Attachments