AGENDA #4i
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Campus at Vilcom Center - Special Use Permit Modification Request to Extend Completion Time Limit
DATE: October 11, 2004
An application seeking a completion time limit extension for a Special Use Permit Modification has been filed by Mr. Jim Heavner for the Campus at Vilcom office development. The attached resolution would approve the request from the applicant to extend the completion time limit, established by the Vilcom Special Use Permit Modification, to allow construction of two remaining office buildings by November 8, 2009. The subject property is located on the north side of Weaver Dairy Road at Kingston Drive.
We have received a request for an extension of the construction completion date for the Campus at Vilcom Center (see Attachment 1).
The following provides a chronology of events for this project:
1979 Orange County first approved an office development on this site. In 1980.
1980-1981 In 1980 the Vilcom site came within Chapel Hill’s zoning jurisdiction, a Special Use Permit for a Unified Business Development was approved by the Town Council, and the original Village Companies office building was constructed by 1981.
1983 The Town Council modified the boundary of the Special Use Permit, and a 10-acre portion of the property was divided off. This portion was later developed as the Kensington Trace Condominiums. Twenty acres, on lots 14A and 41, remained encumbered under the Village Companies Special Use Permit.
April 9, 1984 The Town Council approved an application for parking and site improvements.
March 14, 1988 The Town Council approved a Special Use Permit Modification to reduce the area of Special Use Permit encumbrance from 20 acres to 7.8 acres (Lot 14A only), to allow a total of 35,516 square feet of office space, 17 additional parking spaces, and to allow a radio and television transmitting/receiving facility on the site.
October 13, 1993 The Council approved a Special Use Permit Modification to authorize a building expansion, bringing the total floor area on the site to 42,484 square feet.
November 8, 1999 The Town Council approved a Special Use Permit Modification to authorize the construction of 3 new buildings, comprised of 198,352 square feet of floor area, in addition to one existing building (42,484 square feet of floor area) for a total of 4 buildings and 240,836 square feet of floor area on lots 14A and 41 (see Attachment 2).
August 3, 2004 A commercial subdivision application was submitted and is currently under review. The application proposes to subdivide the four commercial building sites into separate properties under individual ownership and establish common area throughout the rest of the site, to be managed by an owner’s association.
September 15, 2004 Vilcom submitted a request for a 5-year extension of the construction completion time limit. The existing completion time limit is November 8, 2004 and the requested time limit for the completion of construction is November 8, 2009. One of three new buildings has been completed (see Attachment 1).
Section 4.5.5(c)(1-2) of the Land Use Management Ordinance sets forth the requirements for the completion time limit of Special Use Permits:
4.5.5 (c) Completion Time Limit
(1) 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/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.
(2) 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 Town Council. The Town Council may grant extensions of the time limit if it makes the determinations required by (c)(1)(A) through (c)(1)(C), above.
The applicant has not requested a one-year completion time limit extension of the Town Manager, as allowed by the Land Use Management Ordinance. The applicant has rather chosen to request a five-year time extension of the Council. The applicant believes that the 2 additional buildings left to construct on the site, as approved by the Council in November 8, 1999, will not be complete after one year and has therefore chosen to request a 5-year extension of the Town Council. The applicant believes that the local supply of office space has exceeded the demand, and the additional time extension is justified (see Attachment 1). We concur.
In order to grant the extension request, the Council must determine 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.
Determination A: The permit holder has submitted the request within 60 days of the completion date. The request was filed September 15, 2004, which is within 60 days of November 8, 2004.
Determination B: A Zoning Compliance Permit has been issued authorizing construction of three office buildings. The project has been phased. One of the three buildings is complete. 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 Modification was approved by the Council on November 8, 1999. No evidence has been presented regarding changing conditions. 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 the Campus at Vilcom Center to allow construction of the remaining office development by November 8, 2009.
Resolution B would deny the request.
1. September 9, 2004 Letter Requesting Extension of Completion Time Limit of the Special Use Permit (p. 7).
2. November 8, 1999 Special Use Permit Modification approval (p. 9).
3. Reduced Area Map (p. 13).
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR THE CAMPUS AT VILCOM CENTER (2004-10-11/R-6a)
WHEREAS, Vilcom has requested an extension of the completion time limit for the Campus at Vilcom Center; and
WHEREAS, Section 4.5.5(c)(2) of the Chapel Hill Land Use Management Ordinance requires Council to make the determination 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; and
WHEREAS, 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;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request by Vilcom for the extension of the completion date of the Campus at Vilcom Center to November 8, 2009, to allow construction of the office development in accordance with the approved Special Use Permit.
This the 11th day of October, 2004.
RESOLUTION B
(Denying the Request)
A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR THE CAMPUS AT VILCOM CENTER (2004-10-11/R-6b)
WHEREAS, Vilcom has requested an extension of the completion time limit for the Campus at Vilcom Center; and
WHEREAS, Section 4.5.5(c)(2) of the Chapel Hill Land Use Management Ordinance requires Council to make the determination 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; 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 Vilcom for the extension of the completion date of the Campus at Vilcom Center to November 8, 2009, to allow construction of the office building development in accordance with the approved Special Use Permit.
This the 11th day of October, 2004.
