RESOLUTION B

(Denying the Request)

A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR EASTOWNE 501 OFFICE BUILDING (2005-10-10/R-5b)

WHEREAS, 501 Eastowne Associates, LLC has requested an extension of the completion time limit for Eastowne 501 Office Building; 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 Town Council finds that 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 501 Eastowne Associates, LLC for the extension of the completion date of the Eastowne 501 Office Building, and refers 501 Eastowne Associates, LLC to the Special Use Permit Modification process.

This the 10th day of October, 2005.