Bethany Beach - Rezoning Lot 1, Block 106


TOWN OF BETHANY BEACH PUBLIC NOTICE
NON-BINDING REFERENDUM

RESOLUTION TO HOLD A NON-BINDING REFERENDUM
FOR THE PURPOSE OF OBTAINING THE OPINION OF QUALIFIED VOTERS REGARDING THE REZONING OF LOT #1 IN BLOCK 106 LOCATED AT THE CORNER OF ATLANTIC AVENUE AND THE NORTH SIDE OF HOLLYWOOD STREET (CURRENTLY ZONED C-1) AND LOTS # 9, 10, 11, 12 IN BLOCK 110 (CURRENTLY ZONED R-1, RESIDENTIAL) LOCATED AT THE CORNER OF ATLANTIC AVENUE AND THE SOUTH SIDE OF HOLLYWOOD STREET FROM THEIR CURRENT ZONING CLASSIFICIATION TO A NEW ZONING DESIGNATION – CL-1 (COMMERCIAL LODGING ZONE)

WHEREAS, under Section 24.4.5 of the Town Charter, the Town Council has authority on its own initiative, by resolution to, determine to hold an election (either a Special Election or in conjunction with the Annual Municipal Election) to obtain the opinion of the qualified voters of the Town on any subject which the Town Council has under consideration.

WHEREAS, pursuant to Section 24.4.5 of the Town Charter, any such referendum shall be conducted in such manner and with such public notice, as the Town Council shall determine by resolution.

WHEREAS, pursuant to Section 24.4.5 of the Town Charter, the results of any “non-binding” referendum election conducted pursuant to this section shall have no legal effect whatsoever and shall not bind or obligate to Town Council to take any action or refrain from taking any action on the subject referred, but shall merely be informational in nature regarding the opinion of the those qualified voters who expressed a preference at such non-binding referendum election.

WHEREAS, pursuant to Section 5.4.5 of the Town Charter, this “non-binding” referendum election will be held under the supervision of an Election Board and Absentee Balloting Procedures (Collection and Tabulation) will be followed as outlined in the Delaware State Code

WHEREAS, public notice and participation in the tabulating process is important, public notice of the date, time and place of the Election Board’s tabulation of the vote will occur seven (7) days prior to such tabulation

NOW THEREFORE, BE IT HEREBY RESOLVED, A MAJORITY OF COUNCIL CONCURRING IN COUNCIL DULY MET, that the Town shall hold a non-binding referendum special election for the purpose of obtaining the opinion of the qualified voters regarding the rezoning of Lot #1 in Block 106 located at the corner of Atlantic Avenue and the North Side of Hollywood Street (currently zoned C-1) and Lots # 9, 10, 11, 12 in block 110 (currently zoned R-1, Residential) located at the corner of Atlantic Avenue and the south side of Hollywood Street from their current zoning classifications to a new zoning designation - CL -1 (Commercial Lodging Zone)

BE IT FURTHER RESOLVED, the Town Council shall conduct the non-binding referendum special election by mailing ballots to all qualified voters of the Town to allow such qualified voters to cast their vote for or against the rezoning of Lot #1 in Block 106 located at the corner of Atlantic Avenue and the North Side of Hollywood Street (currently zoned C-1) and Lots # 9, 10, 11, 12 in Block 110 (currently zoned R-1, Residential) located at the corner of Atlantic Avenue and the south side of Hollywood Street from their current zoning classifications to a new zoning designation – CL- 1 (Commercial Lodging Zone)

BE IT FURTHER RESOLVED, that Council’s vote of June 21, 2013 to authorize the Town Manager, in consultation with the Town Solicitor, to develop and finalize the wording in providing notice of the non-binding referendum special election to the qualified voters of the town and to develop and finalize the wording on the election ballot is hereby ratified and confirmed.

THIS SHALL CERTIFY that this is a true and correct copy of the Resolution adopted by at least a majority vote of the Town Council of the Town of Bethany Beach at its regularly-scheduled and duly-noticed regular meeting held on June 21, 2013.
CP 20130705 3T