CHAPEL HILL — Neighbors have asked a judge to reverse the Town Council’s approval of a rezoning and special-use permit for the Charterwood development.
The petition, which also names developer WCA Partners LLC as a respondent, asks the town to provide all records related to the Sept. 24 decision within 30 days. The petitioners are asking that the town pay their attorney’s fees, too, because “the town abused its discretion and acted outside the scope of its legal authority in approving the SUP,” the petition states.
Attorney Robin Currin said the rezoning and permit should not have been approved for several procedural reasons. A civil lawsuit is possible, she said.
Neighbors filed a protest petition against the initial rezoning application, and it failed to receive a supermajority vote in January, the petition states. The developer submitted a revised application for the mixed-use project in March, although the land-use ordinance doesn’t allow one for a year, it states.
Currin represents five Northwood V residents who live next to the Charterwood site off Martin Luther King Jr. Boulevard. They claim the proposed commercial and residential development would harm “the value and use and enjoyment of petitioners’ properties” because of increased traffic, noise, light, stormwater runoff and other environmental impacts; more smoke and pollution from the Chapel Hill Fire Department’s Training Station; and loss of privacy and aesthetics.