Agenda #4h
memorandum
to: Mayor and Town Council
from: W. Calvin Horton, Town Manager
subject: Eastowne 501 Office Building Special Use Permit – Request to Extend Completion Time Limit
date: October 10, 2005
The purpose of this report is to present a request for a time extension for construction of an office building. The attached Resolution A would approve the request from 501 Eastowne Associates, LLC to extend the completion time limit for the Eastowne 501 Office Building Special Use Permit. The subject property is located between Eastowne Drive, Providence Road, and Old Sterling Road. The property is identified as Chapel Hill Township Tax Map 7.26, Lot 17M, PIN #9890-71-5045.
Resolution B would deny the request.
On September 15, 2005, we received a request for an extension of the completion date for Eastowne 501 Office Building (Attachment 1). The following is a chronology of events for this project:
November 12, 2001 Town Council approved a Special Use Permit for the Eastowne 501 Office Building, a one-story office building including 36,709 square feet of floor area and 131 parking spaces. The permit included a November 12, 2004 construction completion date (Attachment 2).
October 26, 2004 The Town Manager, in accordance with Section 4.5.5 of the Land Use Management Ordinance, granted a twelve (12) month extension to the completion time limit. The construction complete date was extended to November 12, 2005 (Attachment 3).
Article 4.5.5 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.
KEY ISSUES
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 September 15, 2005, which is within 60 days of November 12, 2005.
Determination B: As evidence of due diligence, materials submitted by the applicant and included with Attachment 1 describes the site work that has occurred, completed operations, and refer to purchase orders for materials and subcontracts for impending construction work.
Determination C: The Special Use Permit was approved by the Council in 2001. 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 Eastowne 501 Office Building from November 12, 2005 to November 12, 2006.
Resolution B would deny the request.
