AGENDA #4i
MEMORANDUM
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TO: |
Roger L. Stancil, Town Manager |
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FROM: |
J. B. Culpepper, Planning Director |
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Gene Poveromo, Development Coordinator |
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SUBJECT: |
Response to Petition from the Cedars of Chapel Hill – Request for Minor Change to Special Use Permit for Number of Units |
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DATE: |
January 22, 2007 |
PURPOSE
This report responds to a December 4, 2006 petition from the Cedars of Chapel Hill requesting a minor change to the Cedars of Chapel Hill Special Use Permit. The proposal would adjust a provision of the Special Use Permit regarding the number of dwelling units authorized from 300 to 307 units (Attachment 1). A condition of the Council’s approval restricted the number of dwelling units to 300. The Cedars of Chapel Hill is located in Meadowmont.
Adoption of the attached Resolution A would endorse the Town Manager’s opinion that this request can be considered a minor change to the approved Special Use Permit.
BACKGROUND
On May 15, 2000, the Council approved the Special Use Permit for the Cedars of Chapel Hill authorizing construction of 67 buildings, 300 dwelling units, and a total of 728,603 square feet of floor area. The Council’s Special Use Permit approval specifically restricted the number of dwelling units to 300.
Currently, there is one building remaining to be constructed, and the applicant has requested to modify the Special Use Permit to allow the construction of 18 dwelling units instead of 11 dwelling units in this last building. The existing unsold inventory at the Cedars of Chapel Hill consists only of larger units and prospective buyers are requesting smaller units.
The Cedars of Chapel Hill is not requesting changes to any other stipulations of the approved Special Use Permit. No change to the authorized floor area is being requested. The developer believes as the size of the units decrease, the actual number of people living in this building would not vary significantly from the original number proposed.
DISCUSSION
The Land Use Management Ordinance provides guidance for minor changes to a Special Use Permit that may be approved administratively. The proposal before the Council tonight does not initially appear to fit in the minor change category because a condition of the Council approval stipulated that no more than 300 dwelling units were authorized.
We believe the issues related to the request by the Cedars of Chapel Hill are: 1) whether the request would be a minor change or Major Modification of the Special Use Permit; and 2) the justification for the increase in the authorized number of dwelling units. The Land Use Management Ordinance, Section 1.4 establishes that the Land Use Management Ordinance regulations shall not apply to valid Special Use Permits approved prior to the effective date of January 27, 2003. Such developments shall be subject to the regulations that were applicable immediately prior to the effective date of Land Use Management Ordinance. The Cedars of Chapel Hill Special Use Permit was approved May 15, 2000 and is subject to the regulations of the Development Ordinance.
The Town Manager is authorized to make minor changes to Special Use Permits according to provisions in the Development Ordinance. A portion of Section 18.5 of the Development Ordinance is provided below in italic:
18.5 Modification of Special Use Permits
The Town Manager is authorized to approved minor changes in the approved final plans as long as such changes continue to be in compliance with the approving action of the Council and all other applicable requirements, but shall not have the authority to approve changes that constitute a modification of a Special Use Permit.
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 and shall use the following criteria in making the determination:
(1) A change in the boundaries of the site approved by the Council shall constitute a modification;
(2) A change from the use approved by the Council shall constitute a modification;
(3) An increase of five (5) percent or more in the floor area approved by the Council, unless proposed addition is 2,500 square feet of floor area or less, shall constitute a modification, 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 Council, unless the proposed addition is 10 or fewer spaces, shall constitute a modification, whether such addition is proposed at one time or over an extended period of time;
(5) Substantial changes in the location of the principal and/or accessory structures approved by the Council shall constitute a modification;
(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 Council shall constitute a modification;
(7) Substantial changes in pedestrian or vehicular access or circulation approved by the Council shall constitute a modification; and
(8) Substantial changes in the amount or location of landscape screens approved by the Council shall constitute a modification.
If the proposed action is determined to be a modification, the Town Manager shall require the filing of an application for approval of the modification.
Comment: We believe it would be reasonable to conclude that the requested change would not require evidentiary support in addition to that presented at the Public Hearing for the original Special Use Permit. We have reviewed the record of the proceedings of the original application and believe that the request could be considered a minor change. However, the language of the Council’s resolution of approval is very specific. Regarding the regulations, this request does not propose a change in the boundaries, change of use, increase in floor area or parking, or any physical or structural changes. We believe that the Town Manager could determine the increase in number of dwelling units from 300 to 307 units to be a minor change to the Special Use Permit, according to the provisions in Section 18.5 of the Development Ordinance.
1) Increasing the approved number of dwelling units: The applicant proposes to increase the number of dwelling units by seven units overall. There would be no increase in floor area or number of buildings.
Comment: We believe that the request to increase the number of approved dwelling units from 300 to 307 units is reasonable because the change would not increase the traffic generated by the site. The proposed 307 units are well below the 350 units approved as part of the Meadowmont Master Land Use Plan Traffic Trip Generation report. The change would create smaller units, more suited to singles, and the actual number of people living in this building will likely not vary significantly from the original number proposed.
We recommend that the Council adopt the attached Resolution A, endorsing the Manager’s opinion that the increase in number of dwelling units to 307 units is a minor change.
Following the Council endorsement of the staff opinion, we would administratively approve a minor change to the Special Use Permit for the Cedars of Chapel Hill to adjust the number of dwelling units provision of the Special Use Permit.
Alternatively, the Council could conclude that the proposal is not a minor change and advise the Town Manager (Please see Resolution B). In that circumstance, the applicant would need to submit a Special Use Permit Modification application or choose to keep the existing Special Use Permit unchanged.
RECOMMENDATION
We believe that the request to change the number of approved dwelling units in the Special Use Permit for the Cedars of Chapel Hill is reasonable because the proposed change will not increase the amount of traffic or number of residents and can be considered a minor change.
We recommend that the Council adopt the attached Resolution A, endorsing the Town Manager’s opinion that the proposed change in number of dwelling units to 307 units is a minor change to the Special Use Permit for the Cedars of Chapel Hill.
Resolution B would not endorse the proposal as a minor change.
ATTACHMENTS
1. Request from the Cedars of Chapel Hill dated December 1, 2006 (p. 7).
2. Approved Special Use Permit (p. 8).