AGENDA #7
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Presque Isle Residential Planned Development - Special Use Permit Request to Extend Completion Time Limit
DATE: September 7, 2004
The attached Resolution A would approve the request from the ARD Group, Inc. to extend the completion time limit established by the Presque Isle Special Use Permit. The 42-dwelling unit development is located on the southwest corner of Sage and Erwin Roads. The property is identified as Chapel Hill Township Tax Map 26, Lot 42.
Resolution B would deny the request.
We have received a request for an extension of the completion date for Presque Isle (please see the attached letter).
The following provides a chronology of events for this project:
June 23, 1997 The Town Council approved a Special Use Permit for Presque Isle, a Residential Planned Development. The Council approval authorized 5 buildings, 42 dwelling units, and 71,660 square feet of floor area. The Town Council concurrently adopted an Ordinance amending the Zoning Atlas from Residential-2 (R-2) to Residential-5-Conditional (R-5-C).
July 1, 1999 The Town Manager, in accordance with Article 18.6.2 of the Development Ordinance, granted a twelve (12) month extension of the construction starting time limit. The existing starting time date was June 23, 1999, and the new starting date was revised to June 23, 2000. The extension was required because final plans had not yet been approved.
December 20, 1999 A Zoning Compliance Permit was issued for the development and work began shortly thereafter.
May 2, 2000 The Town Manager, in accordance with Article 18.6.3 of the Development Ordinance, granted a twelve (12) month extension of the construction completion time limit. The existing completion time limit was June 23, 2000, and the new completion date was revised to June 23, 2001.
June 25, 2001 The Town Council, in accordance with Article 18.6.3 of the Development Ordinance, granted a twelve (12) month extension of the construction completion time limit. The existing completion time limit was June 23, 2001, and the new completion date was revised to June 23, 2002.
June 24, 2002 The Town Council, in accordance with Article 18.6.3 of the Development Ordinance, granted a twelve (12) month extension of the construction completion time limit. The existing completion time limit was June 23, 2002, and the completion date was revised to June 23, 2003.
June 29, 2003 E. Hani Fakhoury of the ARD Group, Inc. submitted a request for a twelve (12) month extension of the construction completion time limit. The existing completion time limit is June 23, 2003, and the requested time limit for the completion of the construction is June 23, 2004. Construction is complete for four of the buildings as well as the clubhouse and recreational facilities. Work is nearing completion on the final building.
August 18, 2004 E. Hani Fakhoury of the ARD Group, Inc. submitted a request for a twelve (12) month extension of the construction completion time limit. The existing completion limit was June 23, 2004, and the requested time limit for the completion of the construction is June 23, 2005. Construction is complete for four of the buildings as well as the clubhouse and recreational facilities. Construction has nearly been completed on the fifth and final building and on the stormwater facilities.
Article 4.5.5(b) 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 Modifications 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/she 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 Town Council reconsideration of the approved development.
If all of the construction and actions authorized or required by a Special Use Permit or Modification of a 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 Town Council. The Town Council may grant extensions of the time limit if it makes the determinations required by (a) – (c) above.
As noted above, the Town Manager has granted one twelve-month extension for starting and completion time limits each and the Town Council has granted three twelve-month extensions for the construction completion time limit. 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 18, 2004, which is within 60 days of June 23, 2004.
Determination B: A Zoning Compliance Permit has been issued authorizing construction of the Residential Planned Development. The site work and construction of four out of five residential buildings are completed (see attached letter dated August 18, 2004). Work is nearing completion on the final building and remaining site 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 phase of the project.
Determination C: The Special Use Permit was approved by the Council in June 23, 1997. No evidence has been presented regarding changing conditions at this writing. 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 believe that the Council can make the three 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 Presque Isle to allow construction of the Residential Planned Development to continue. We recommend that the extension be for one year from the date of expiration. The new completion date would be June 23, 2005. Subsequent extensions would require Council consideration.
Resolution B would deny the request.
1. August 18, 2004 Letter Requesting Extension of Completion Time Limit of the Special Use Permit (p. 7).
2. Special Use Permit (p. 8).
3. Reduced Map (p. 11).
4. September 1, 2004 email from the Board of Directors of the Presque Isle Villas Homeowner’s Association. (p. 12).
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR PRESQUE ISLE (2004-09-07/R-12-a)
WHEREAS, the ARD Group, Inc. has requested an extension of the completion time limit for Presque Isle; and
WHEREAS, Article 4.5.5 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 ARD Group, Inc. for the extension of the completion date of the Presque Isle Special Use Permit to June 23, 200, to allow construction of the Residential Planned Development in accordance with the December 20, 1999 Zoning Compliance Permit.
This the 7th day of September, 2004.
RESOLUTION B
(Denying the Request)
A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR PRESQUE ISLE (2004-09-07/R-12-b)
WHEREAS, the ARD Group, Inc. has requested an extension of the completion time limit for Presque Isle; and
WHEREAS, Article 4.5.5 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 ARD Group, Inc. for the extension of the completion date of the Presque Isle Special Use Permit, and refers ARD Group, Inc. to the Special Use Permit Modification process to reactivate the development proposal.
This the 7th day of September, 2004.