AGENDA #5d
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Europa Office Building – Request for Minor Change to Special Use Permit Modification (File No. 7.27.E.2E)
DATE: June 12, 2006
INTRODUCTION
This report provides information about a request from Michael Brough, on behalf of Europa Office Building, for a Minor Change of the Europa Office Building Special Use Permit Modification. The proposal requests removal of a stipulation requiring that the superstreet improvements at the intersection of US 15-501 and Europa Drive/Erwin Road be completed prior to issuance of a Certificate of Occupancy.
We recommend that no action be taken. We believe this would be a substantial change to the Special Use Permit Modification and would require evidentiary support.
BACKGROUND
On May 13, 2002, a Special Use Permit Modification was issued authorizing the construction of a 38,000 square feet of floor area building and 108 parking spaces. As part of the approval process to address the anticipated traffic impacts, the following stipulation was included:
That no Certificate of Occupancy shall be issued for any part of this development until the superstreet improvements at the intersection of US 15-501 and Europa Drive/Erwin Road, being designed and constructed by the N. C. Department of Transportation, are completed and open to traffic.
At the time the Special Use Permit Modification was issued, it was expected that the superstreet construction would begin in summer 2004 and be completed by summer 2006. At present, the superstreet construction is anticipated to begin during summer 2006 with a completion date of summer 2007.
On May 22, 2006, the Town Council authorized a two-year extension to the construction completion time limit for the Europa Office Building. The new completion date is May 13, 2008.
THE REQUEST
Michael Brough, on behalf of the Europa Office Building, has requested that stipulation #44 of the Europa Office Building Special Use Permit Modification be removed.
DISCUSSION
We believe the key issue related to the request by Michael Brough is whether the request would be a Minor Change or major Modification of the Special Use Permit. The Town Manager is authorized to make Minor Changes to Special Use Permits according to provisions in the Land Use Management Ordinance. Section 4.5.4 of the Land Use Management Ordinance is italicized below:
(a) The Town Manager is authorized to approve minor changes in the approved final plans as long as such changes continue to comply with the approving action of the Town Council and all other applicable requirements, but shall not have the authority to approve changes that constitute a modification of the Special Use Permit.
(b) Any change requiring evidentiary support in addition to that presented at a public hearing on applications for the original Special Use Permit or subsequent Modifications of Special Use Permit shall constitute a modification of the Special Use Permit. Before making a determination as to whether a proposed action is a minor change or a modification, the Town Manager shall review the record of the proceedings on the original application for the Special Use Permit and subsequent applications for modifications of the Special Use Permit. The following shall constitute a modification of the Special Use Permit:
(1) A change in the boundaries of the site approved by the Town Council.
(2) A change from the use approved by the Town Council.
(3) An increase of five (5) percent or more in the floor area approved by the Town Council, unless proposed addition is 2,500 square feet of floor area or less, whether such addition is proposed at one time or over an extended period of time.
(4) An increase of five (5) percent or more in the number of parking spaces approved by the Town Council, whether such addition is proposed at one time or over an extended period of time.
(5) Substantial changes in the location of principal and/or accessory structures approved by the Town Council.
(6) Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown on the plans approved by the Town Council.
(7) Substantial changes in pedestrian and bicycle or vehicular access or circulation approved by the Town Council. Examples of substantial changes include, but are not limited to:
A. A change in trip distribution occurs that involves more than five percent (5%) of all projected trips; or
B. The change results in a reduction in the level of service (LOS) of a street link or intersection within one-quarter ( ¼ ) of a mile from the boundaries of the proposed development.
(8) Substantial change in the amount or location of landscape screens approved by the Town Council shall constitute a modification.
Comment: We believe that the request would require evidentiary support in addition to that presented at the public hearing for the original Special Use Permit Modification. We believe the request would be a substantial change. The request proposes substantial changes to vehicular access or circulation approved by the Town Council. We believe to modify the Special Use Permit; the applicant would need to submit a Special Use Permit Modification application.
RECOMMENDATION
We believe that the request to remove the superstreet stipulation provision of the Special Use Permit Modification is a substantial change and would require a Special Use Permit Modification application.
ATTACHMENTS