Agenda #7 | Response to Council Petition Regarding Time Extensions to the Start and Completion Time Limits for Special Use Permits and Site Plan Review Approvals

MEMORANDUM

TO: Roger L. Stancil, Town Manager

FROM: J.B. Culpepper, Planning Director

Gene Poveromo, Development Manager

SUBJECT: Response to Council Petition Regarding Time Extensions to the Start and Completion Time Limits for Special Use Permits and Site Plan Review Approvals

DATE: April 15, 2009

PURPOSE

The purpose of this memorandum is to respond to a February 9, 2009 petition from the Town Council regarding starting and completion time limits for Special Use Permits and Site Plan Review approvals. Included with this memorandum is a list of active projects and their associated starting and completion dates.

CURRENT REGULATIONS

The Land Use Management Ordinance (Sections 4.5.5 and 4.7.6) regulates how the Town Manager and the Council may grant time extension to the start and completion dates for Special Use Permits and Site Plan Review approvals. A summary of the Land Use Management Ordinance, pertaining to these sections is copied below.

Special Use Permit start and completion time limit extension

The Land Use Management Ordinance:

Authorizes the Town Manager to grant a single extension, of up to 12 months, to the construction start and the construction completion date for Special Use Permit approvals.
Allows the Town Council to grant additional time extensions for both the construction start and completion dates.
Specifies that a request to the Town Manager or Town Council, for an extension to the completion date, must be submitted within 60 days of the completion date. The Ordinance does not specify a similar time frame when requesting an extension to the construction start date.

Site Plan Review Approval start and completion time limit extension

The Land Use Management Ordinance:

Authorizes the Town Manager to grant a single extension, of up to 12 months, to the construction start date for Site Plan approvals.
The Ordinance allows the Town Manager to grant multiple extensions of time limits, up to 12 months, for the construction completion date.
The Ordinance specifies that a request for an extension to the completion date must be submitted within 60 days of the completion date. The Ordinance does not specify a similar time frame when requesting an extension to the construction start date.

A copy of Section 4.5.5 (Special Use Permit) and Section 4.7.6 (Site Plan Review) and Section of the Land Use Management Ordinance is attached to this memorandum.

With respect to preliminary plats, Section 4.6.5 of the Land Use Management Ordinance allows the Town Manager to grant unlimited time extension to the one year deadline associated with the recordation of a final plat. A copy of Section 4.6.5 is attached to this memorandum.

DISCUSSION

The Land Use Management Ordinance provides options and flexibility to extend construction start and completion dates. The Ordinance allows the Town Manger to grant a single extension, of up to 12 months, for both Special Use Permits and Site Plan Review approvals start/completion dates. The Ordinance also, under certain circumstances, allows the Town Manager and the Town Council to authorize multiple extensions to the construction completion dates for both Special Use Permits and Site Plan Review approvals.

In addition to these options, an applicant can also submit an application to the Planning Board (Site Plan Review) or the Town Council (Special Use Permit) to reopen consideration of the project and request a modification to the approved construction start/completion dates.

Attached to this memorandum is a list of active project and their associated construction start/completion dates. Of the 30 projects on the list, we have identified one project (Homestead Twin Towns) that has received an extension from the Town Manager for the construction start date. Additional extension to the new construction start date for the Homestead Twin Towns (May 5, 2010) will require Council approval of a time extension.

RECOMMENDATION

That the Council determine that the current regulations offer adequate flexibility with respect to time extensions for construction start and completion dates; or that the Council call a public hearing for September 21, 2009 to consider an amendment to the Land Use Management Ordinance to expand the Town Manager’s authority with respect to the construction start and completion dates.

A resolution calling a public hearing for September 21, 2009 is attached to this memorandum. An updated schedule of various Land Use Management text amendment proposals, including a possible September 21, 2009 Public Hearing, is attached to this memorandum.

ATTACHMENTS