(Approving the Partial Revocation of the Phase I Special Use Permit)
WHEREAS, on January 23, 1990, the Chapel Hill Town Council approved the Chapel Hill North Master Land Use Plan, encumbering seven parcels and approximately 44 acres, which has been recorded at the Orange County Register of Deeds in Deed Book 868, Page 411, identified as Orange County Parcel Identifier Numbers (PIN’s 9880-27-0438, 9880-27-5036, 9880-26-5614, 9880-26-7455, 9880-26-7198, 9880-25-7940, 9880-25-9857, and 9880-36-1885); and
WHEREAS, on April 22, 1991, the Chapel Hill Town Council approved the Chapel Hill North Phase I Special Use Permit, encumbering approximately 28.9 acres, including five parcels and a portion of a sixth parcel, which has been recorded at the Orange County Register of Deeds in Deed Book 915, Page 466, and identified as Orange County Parcel Identifier Numbers (PIN’s 9880-27-5036, 9880-26-5614, 9880-26-7455, 9880-26-7198, 9880-25-7940, 9880-25-9857, and 9880-36-1885).; and
WHEREAS, the completion deadline for the development approved by the Chapel Hill North Phase I Special Use Permit was April 22, 1999; and
WHEREAS, the development within the area encumbered by the Chapel Hill North Phase I Special Use Permit has not been completed within the completion time limit; and
WHEREAS, Section 4.5.5 of the Land Use Management Ordinance provides for the revocation of Special Use Permits if any conditions of a Special Use Permit, including time limits, are violated;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council partially revokes the Chapel Hill North Phase I Special Use Permit as it pertains to the southern part of the undeveloped 13-acre parcel that is the northeastern-most portion of the Phase I, for which The Residences at Chapel Hill North Phase II Special Use Permit is currently proposed. The partial revocation of the Phase I permit would be such that the subject parcel for the Chapel Hill North Phase II Special Use Permit (PIN 9880-36-1885), would no longer be encumbered by the Chapel Hill North Phase I Special Use Permit, subject to the following condition:
1. Prior to issuance of a Zoning Compliance Permit, the applicant shall record a plat with the Orange County Register of Deeds, after the partial revocation of the parcel identified as Orange County Parcel Identifier Number (PIN 9880-36-1885) from the Chapel Hill North Phase I Special Use Permit, indicating the areas encumbered by the Phase I and Phase II Special Use Permits.
This the 8th day of January, 2007.