AGENDA #4j
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Acceptance of Right of First Refusal for American Legion Post 6
DATE: April 5, 2005
The attached resolution would express the intent of the Town Council to not designate the American Legion Post 6 on Legion Road as a potential school site on Chapel Hill’s Land Use Plan. In exchange for this pledge, the American Legion Post offers the Town a right of first refusal for the property should the Post decide to sell the property.
BACKGROUND
Chapel Hill has a provision in its Land Use Management Ordinance that allows the Town Council to designate properties as potential school sites on the Town’s Land Use Plan. Properties with that designation are subject to a potential delay in consideration of a future development application for the subject property, to allow the Chapel Hill-Carrboro School Board an opportunity to consider acquisition of the subject property.
DISCUSSION
Earlier this year the Town Council amended the Town’s Land Use Plan to designate potential school sites. One of the properties under consideration for designation was the American Legion Post 6 located at 1714 Legion Road. In consideration of objections brought by the Post at that time, the Council decided not to so designate this property.
In response to these discussions, and in pursuit of additional assurances regarding this property, the Post has offered the following proposal: “The American Legion Post 6 of Chapel Hill pledges to provide the Town of Chapel Hill the right of first refusal should the American Legion Post 6 decide to sell the property located at 1714 Legion Road. In return and in consideration for all the public service provided by the American Legion Post 6 of Chapel Hill, the Town of Chapel Hill will not include the property owned by the American Legion Post 6 at 1714 Legion Road as a potential school site on Chapel Hill’s Land Use Plan.” A copy of the proposal from the American Legion Post is attached.
Post officials understand that the Town Council does not have the authority to enter into an agreement which would have the legal effect of limiting the legislative or policy making authority of a future elected Town Council to make decisions on designating potential school sites on the Land Use Plan. However, the present Council may adopt a resolution pledging not to take this designation action for this property. The Council’s action would be recorded in the official Minutes as a public record along with the pledge of the Legion.
RECOMMENDATION
In recognition of the substantial community contribution that has resulted from the American Legion’s investment in this property and the Legion’s generous policy of community use over many years, and in consideration of the Legion’s offer to provide the Town with a right of first refusal for this property should the Legion decide to sell it, we recommend that the Council adopt the attached resolution, pledging its intention to not designate the property as a potential school site on the Land Use Plan.
Adoption of the attached Resolution would do so.
ATTACHMENT
A RESOLUTION PLEDING NOT TO DESIGNATE PROPERTY LOCATED AT 1714 LEGION ROAD AS A POTENTIAL SCHOOL SITE (2005-04-05/R-9)
WHEREAS, American Legion Post 6 owns property located at 1714 Legion Road in Chapel Hill; and
WHEREAS, a proposal has been suggested to designate this property as a potential school site on Chapel Hill’s Land Use Plan; and
WHEREAS, the American Legion has offered to provide the Town of Chapel Hill a right of first refusal on the property, should the Legion decide to sell it, in return for a pledge from the Town Council to not designate this property as a potential school site, as expressed in a letter dated March 25, 2005;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that in recognition of the substantial community contribution that has resulted from the American Legion’s investment in this property and the Legion’s generous policy of community use over many years, and in consideration of the Legion’s offer to provide the Town with a right of first refusal for this property should the Legion decide to sell it, this Town Council pledges its intention to not designate the property as a potential school site on the Chapel Hill Land Use Plan.
BE IT FURTHER RESOLVED that the Town Council states its appreciation for the activities of the Legion.
This the 5th day of April, 2005.