AGENDA #4j
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: 1609 East Franklin Street Special Use Permit Modification – Request to Extend Completion Time Limit
DATE: September 8, 2003
The attached Resolution A would approve the request from Madison Partners, LLC to extend the completion time limit for the 1609 East Franklin Street Special Use Permit. The subject property is located on the north side of East Franklin Street, approximately 470 feet west of Elliott Road. The property is identified as Chapel Hill Township Tax Map 46, Block A, Lots 4 and 5, PIN #9799-04-6951 and 9799-04-7995.
Resolution B would deny the request.
We have received a request for an extension of the completion date for 1609 East Franklin Street (please see the attached letter).
The following provides a chronology of events for this project:
October 11, 1999 The Town Council approved a Special Use Permit for 1609 East Franklin Street, an office development with one building and 59 parking spaces. A total of 18,301 square feet of floor area was authorized (of that total, a maximum of 4,850 square feet of commercial space was allowed).
August 9, 2001 The Town Manager, in accordance with Article 18.6.2 of the Development Ordinance, granted a twelve (12) month extension of the construction start date. The new start date was at that time revised to October 11, 2002.
September 11, 2002 A Zoning Compliance Permit was issued for Phase 1 and shortly thereafter work began on demolition of a structure on the site.
September 23, 2002 The Town Manager, in accordance with Article 18.6.3 of the Development Ordinance, granted a twelve (12) month extension of the completion date. The new completion date was at that time revised to October 11, 2003.
August 25, 2003 Madison Partners, LLC submitted an application for extension of the Special Use Permit completion date for this project.
Article 4.5.5 (c) of the Land Use Management Ordinance sets forth the requirements for the completion time limit of Special Use Permits:
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 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 Council reconsideration of the approved development.
If all of the construction and actions authorized or required by a Special Use Permit or Modification of Special Use Permit are still not completed by the extended completion date granted by the Town Manager, the permit holder may, within 60 days of the revised completion date, request additional extensions of the completion time limit from the Council. The Council may grant extensions of the time limit for periods of up to twelve (12) months if it makes determinations a) ‑ c) above.
As noted above, the Town Manager has granted one twelve-month extension. This request is before the Town Council.
In order to grant the extension request, the Council must determine that:
a) The permit holder has submitted the request within 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 Council reconsideration of the approved development.
Determination A: The permit holder has submitted the request within 60 days of the completion date. The request was filed August 25, 2003, which is within 60 days of October 11, 2003.
Determination B: Madison Partners, LLC has indicated in the attached letter that the company is in a position to proceed with the plans for development of the building. The letter indicates that the high vacancy rates for office space had been a concern. The applicant has received a Zoning Compliance Permit for Phase 1 and has completed Phase 1 work. 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 project.
Determination C: The Special Use Permit was approved by the Council in 1999. We do not believe that community conditions have changed in the vicinity of this property since 1999, other than changes due to planned and expected growth. 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 note that on January 27, 2003, the Town Council enacted the Land Use Management Ordinance. Of the changes effective that day, we believe stormwater regulations have changed most significantly. The attached Special Use Permit for the development indicates that in 1999, the development was required to control the rate of stormwater runoff. Today’s stormwater regulations require control of rate, quality and volume. However, the new regulations contain language in Section 1.4 that indicated that the regulations of the Land Use Management Ordinance, as enacted on January 27, 2003, do not apply to valid Special Use Permits. Such developments are subject to regulations that were applicable immediately prior to the January 27 effective date. This approval is valid through October 11, 2003. As of today, the Special Use Permit for this property is still valid and the changed regulations do not apply. If the Council decides not to approve this request for the extension, a new Special Use Permit application would need to be submitted and the new regulations would apply.
We believe that the Council can make the necessary determinations and grant the extension.
Manager’s Recommendation: We recommend that the Council adopt Resolution A, approving the request for an extension of the completion date of the 1609 East Franklin Street.
Resolution B would deny the request.
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR 1609 EAST FRANKLIN STREET (2003-09-08/R-10a)
WHEREAS, Madison Partners, LLC has requested an extension of the completion time limit for 1609 East Franklin Street; and
WHEREAS, Article 4.5.5.c of the Chapel Hill Land Use Management Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and
WHEREAS, a) the permit holder submitted the request within 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 Council reconsideration of the approved development;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of Madison Partners, LLC for the extension of the completion date of the 1609 East Franklin Street to October 11, 2004.
This the 8th day of September, 2003.
RESOLUTION B
(Denying the Request)
A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR 1609 EAST FRANKLIN STREET (2003-09-08/R-10b)
WHEREAS, Madison Partners, LLC has requested an extension of the completion time limit for 1609 East Franklin Street; and
WHEREAS, Article 4.5.5.c of the Chapel Hill Land Use Management Ordinance requires Council to make the determination that a) the permit holder submits the request within 60 days of the completion time limit; b) the permit holder has proceeded with due diligence and good faith; and c) conditions have not changed so substantially as to warrant Council reconsideration of the approved development; and
WHEREAS, the permit holder has not proceeded with due diligence and good faith toward the completion of this project;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council denies the request of Madison Partners, LLC for the extension of the completion date of the 1609 East Franklin Street, and refers Madison Partners, LLC to the Special Use Permit Modification process to reactivate the development proposal.
This the 8th day of September, 2003.