Untitled Document

AGENDA #4g

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Notting Hill Apartments (aka Sterling Ridge) Special Use Permit – Request to Extend Completion Time Limit

DATE: June 12, 2000

The attached Resolution A would approve the request from Wood Partners to extend the completion time limit for the Notting Hill (aka Sterling Ridge) Special Use Permit. The subject property is located on Sterling Drive near the Sage Road/Sterling Drive intersection. The property is identified as Chapel Hill Township Tax Map 26, Lot 17.

Resolution B would deny the request.

BACKGROUND

We have received a request for an extension of the completion date for the Notting Hill Apartments (please see the attached letter).

The following provides a chronology of events for this project:

July 1, 1996 The Town Council approved a Special Use Permit for the Sterling Ridge Development, a multi-family development with 200 dwelling units. The approval also authorized the construction of Sterling Drive, a new roadway that provides a connection between Eastowne Drive and Sage Road. A copy of the Special Use Permit is attached.

June 16, 1998 A Zoning Compliance Permit was issued and shortly thereafter work began on construction of Sterling Drive.

May 3, 1999 Road construction was completed.

May 99-Oct. 99 Greenway dedication document recorded and Building Permits obtained.

June 2, 1999 The Town Manager, in accordance with Article 18.6.3 of the Development Ordinance, granted a twelve (12) month extension of the construction time limit. The new completion date was revised to July 1, 2000.

Oct. 99-May 00 Unit construction began/first Certificate of Occupancy issued.

May 9, 2000 Wood Partners submitted an application for extension of the Special Use Permit completion date for this project (letter attached).

DISCUSSION

Article 18.6.3 of the Development 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 for further extension 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 May 9, 2000, which is within 60 days of July 1, 2000.

Determination B: The construction of Sterling Drive is complete. The first building has been completed and necessary infrastructure improvements are in place for this development. 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 1996. 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.

RECOMMENDATION

Manager’s Recommendation: We recommend that the Council adopt Resolution A, approving the request for an extension of the completion date of the Notting Hill Apartments.

Resolution B would deny the request.

ATTACHMENTS

May 9, 2000 Request for Extension of Special Use Permit (p. 6)
Special Use Permit for Sterling Ridge Apts. (p.14)
Reduced Map (p. 16)

RESOLUTION A

(Manager’s Recommendation)

A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR NOTTING HILL APARTMENTS (2000-06-12/R-8a)

WHEREAS, Wood Partners has requested an extension of the completion time limit for Notting Hill Apartments (aka Sterling Ridge); and

WHEREAS, Article 18.6.3 of the Chapel Hill Development 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 Wood Partners for the extension of the completion date of the Notting Hill Apartment (aka Sterling Ridge) to July 1, 2001.

This the 12^th day of June, 2000.

RESOLUTION B

(Denying the Request)

A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR NOTTING HILL APARTMENTS (2000-06-12/R-8b)

WHEREAS, Wood Partners has requested an extension of the completion time limit for Notting Hill Apartment (aka Sterling Ridge); 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 Wood Partners for the extension of the completion date of the Notting Hill Apartments (aka Sterling Ridge), and refers Wood Partners to the Special Use Permit Modification process to reactivate the development proposal.

This the 12^th day of June, 2000.