MEMORANDUM

AGENDA #4d

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Chapel Hill North Special Use Permit – Request to Extend Completion Time Limit

DATE: July 5, 2000

The attached Resolution A would approve the request from Holmes Oil Company to extend the completion time limit for the Chapel Hill North Special Use Permit to allow construction of a gas station. The subject property is located on Airport Road between Interstate 40 and Weaver Dairy Road. The property is identified as Chapel Hill Township Tax Map 17, Lot 3B.

Resolution B would deny the request.

BACKGROUND

We have received a request for an extension of the completion date for Chapel Hill North (please see the attached letters).

The following provides a chronology of events for this project:

January 23, 1990 The Town Council approved a Master Land Use Plan for Chapel Hill North, a mixed use development at the corner of Airport Road and Weaver Dairy Road.

April 22, 1991 The Town Council approved a Special Use Permit for Chapel Hill North Phase 1. The first phase of the mixed use development authorized approximately 251,000 square feet of office and commercial square footage. Most of the authorized construction has occurred. Three phases remain, a gas station and two commercial outbuildings. A copy of the Special Use Permit is attached.

November 16, 1993 Litigation challenging approval of the Special Use Permit was concluded. Council approval of the Special Use Permit was upheld.

January 10, 1994 Due to the effect of delay caused by the unsuccessful lawsuit, the Council granted expedited processing of the final plan review.

1994-1999 Zoning Compliance Permits issued for various phases of the development.

April 27, 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 April 22, 2000.

July 21, 1999 Community Design Commission approved building elevations for the gas station.

October 13, 1999 Community Design Commission approved revised building elevations for the gas station.

February 24, 2000 A Zoning Compliance Permit was issued for construction of the gas station/convenience store. Work has not begun.

May 9, 2000 Holmes Oil Company submitted an application for extension of the Special Use Permit completion date for this project (letters 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 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 June 16, 2000, which is within 60 days of April 22, 2000.

Determination B: A Zoning Compliance Permit has been issued authorizing construction of the gas station. However, a building permit for the gas station has not been issued and work has not begun. Please refer to Mr. Holmes' attached letters dated June 16 and June 23, 2000. The letters indicate that architectural plans have been completed and sent out for bid. Mr. Holmes states that they hope to apply for a building permit in late July or early August. 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. Please refer to the attached letter from the applicant.

Determination C: The Special Use Permit was approved by the Council in 1991. 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 Chapel Hill North to allow construction of the gas station.

Resolution B would deny the request.

ATTACHMENTS

June 23, 2000 Request for Extension of Special Use Permit (p. 6)
June 16, 2000 Request for Extension of Special Use Permit Special Use Permit for Chapel Hill North (p. 9)
February 24, 2000 Request for Extension of Special Use Permit (p. 10)
Special Use Permit (p. 11)
Reduced Map (p. 16)

RESOLUTION A

(Manager’s Recommendation)

A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR CHAPEL HILL NORTH PHASE 1 (2000-07-05/R-4a)

WHEREAS, Holmes Oil Company has requested an extension of the completion time limit for Chapel Hill North Phase 1; 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 that the Council of the Town of Chapel Hill approves the request of Holmes Oil Company for the extension of the completion date of the Chapel Hill North Phase 1 to April 22, 2001 to allow construction of the gas station in accordance with the February 24, 2000 Zoning Compliance Permit.

This the 5^th day of July, 2000.

RESOLUTION B

(Denying the Request)

A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR CHAPEL HILL NORTH PHASE 1 (2000-07-05/R-4b)

WHEREAS, Holmes Oil Company has requested an extension of the completion time limit for Chapel Hill North Phase 1; 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 that the Council of the Town of Chapel Hill denies the request of Holmes Oil Company for the extension of the completion date of the Chapel Hill North Phase 1 Special Use Permit, and refers Holmes Oil Company to the Special Use Permit Modification process to reactivate the development proposal.

This the 5^th day of July, 2000.