AGENDA #4g
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: YMCA Special Use Permit Modification - Request to Extend Construction Completion Time Limit (File No. 7.29..11)
DATE: May 8, 2006
PURPOSE
An application seeking a construction completion time limit extension for a Special Use Permit Modification has been filed by Mr. T. J. Land, on behalf of the Chapel Hill YMCA. The attached resolution would approve the request from the applicant to extend the construction completion time limit established by the YMCA Special Use Permit Modification, to allow construction completion by April 10, 2011. The subject property is located on the east side of Martin Luther King Jr. Boulevard south of Estes Drive.
BACKGROUND
We have received a request for an extension to the construction completion date for the YMCA building (see Attachment 1).
The following provides a chronology of events for this project:
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July 28, 1975 |
Special Use Permit was issued by Town of Chapel Hill for construction of YMCA building. |
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April 10, 2000 |
Special Use Permit Modification authorizing the construction of an additional 27,899 square feet of floor area, including gym addition, miscellaneous renovations, and entrance modifications, and 157 parking spaces with a construction completion date of April 10, 2005. |
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June 17, 2005 |
Town Manager approved one year extension to the construction completion date. New completion date is extended to April 10, 2006. |
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April 10, 2006 |
YMCA submitted a request for a five-year extension of the construction completion time limit. The existing completion time limit is April 10, 2006 and the requested time limit for the completion of construction is April 10, 2011. |
DISCUSSION
Section 4.5.5(c)(1-2) of the Land Use Management Ordinance sets forth the requirements for the completion time limit of Special Use Permits:
4.5.5(c) Completion Time Limit
(1) If all construction and actions authorized or required by a Special Use Permit or Modification of Special Use Permit are not completed by the completion date stipulated in the Permit or Modification, the permit holder may request an extension of the completion time limit from the Town Manager. The Town Manager may grant a single extension of the time limit for up to twelve (12) months if he/she determines that:
A. The permit holder submitted the request within sixty (60) days of the completion date;
B. The permit holder has proceeded with due diligence and good faith; and
C. Conditions have not changed so substantially as to warrant Town Council reconsideration of the approved development.
(2) If all of the construction and actions authorized or required by a Special Use Permit or Modification of a Special Use Permit are still not completed by the extended completion date granted by the Town Manager, the permit holder may, within 60 (sixty) days of the revised completion date, request additional extensions of the completion time limit from the Town Council. The Town Council may grant extensions of the time limit if it makes the determination required by (c)(1)(A) through (c)(1)(C), above.
The applicant has already requested a one-year completion time limit from the Town Manager, as allowed by the Land Use Management Ordinance. The applicant has requested an additional five-year time extension from the Council.
KEY ISSUES
In order to grant the extension request, the Council must determine that:
A. The permit holder submitted the request within sixty (60) days of the completion date;
B. The permit holder has proceeded with due diligence and good faith; and
C. Conditions have not changed so substantially as to warrant Town Council reconsideration of the approved development.
Determination A: The permit holder has submitted the request within 60 days of the completion dates. The request was filed April 10, 2006, which is within 60 days of April 10, 2006.
Determination B: The permit holder has completed the construction of the gym addition, miscellaneous renovations, and entrance modifications. The YMCA has proceeded with fund raising to complete the second phase of the project. We believe that the Council could make the finding that the applicant has proceeded with due diligence and good faith toward the completion of this phase of the project.
Determination C: The Special Use Permit Modification was approved by the Council on April 10, 2000. No evidence has been presented regarding changing conditions. We believe that the Council could make the finding that conditions have not changed so substantially as to warrant Council reconsideration of the approved development.
We believe that the Council can make the three necessary determinations and grant the extension.
RECOMMENDATION
Manager’s Recommendation: We recommend that the Council adopt Resolution A, approving the request for an extension of the completion date of the YMCA to allow construction of the remaining development by April 10, 2011.
Resolution B would deny the request.
ATTACHMENTS