AGENDA #4h
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Beechridge Development Special Use Permit – Request to Extend Completion Time Limit
DATE: September 11, 2000
The attached Resolution A would approve the request from Beechridge Development Company to extend the completion time limit for the Beechridge Development Special Use Permit. The subject property is located on Bayberry Drive near Azalea Drive in Morgan Creek Subdivision.
Resolution B would deny the request.
We have received a request for an extension of the completion date for the Beechridge Development (please see the attached letter).
The following provides a chronology of events for this project:
June 24, 1996 The Town Council approved a Special Use Permit for the Beechridge Development which proposed 27 single-family lots. A copy of the Special Use Permit is attached.
July 7, 1997 The first Zoning Compliance Permit was issued and shortly thereafter work began.
May 7, 1999 A second Zoning Compliance Permit was issued authorizing additional work.
June 21, 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 June 24, 2000.
August 1, 2000 The Zoning Compliance Permit for the third phase was issued.
August 22, 2000 Beechridge Development Company submitted an application for extension of the Special Use Permit completion date for this project (letter attached).
In addition, during the late 1990’s, construction of the western portion of the development was delayed from on-going discussions and litigation with neighbors involving location of a sewer line and whether the sewer line would be above ground or below ground.
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.
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 August 22, 2000, which is within 60 days of June 24, 2000.
Determination B: Work on this development has been ongoing. The Phase III Zoning Compliance Permit was approved on August 1, 2000. 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. At this point, 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 Beechridge Development.
Resolution B would deny the request.
1. Resolution A (p. 4)
2. Resolution B (p. 5)
3. May 9, 2000 Request for Extension of Special Use Permit (p. 6)
4. Special Use Permit (p. 7)
5. Reduced Map (p.12 )
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR BEECHRIDGE DEVELOPMENT (2000-09-11/R-5a)
WHEREAS, Wood Partners has requested an extension of the completion time limit for Beechridge Development; 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 Beechridge Development Company for the extension of the completion date of the Beechridge Development to June 24, 2001.
This the 11th day of September, 2000.
RESOLUTION B
(Denying the Request)
A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR BEECHRIDGE DEVELOPMENT (2000-09-11/R-5b)
WHEREAS, Beechridge Development Corporation has requested an extension of the completion time limit for Beechridge Development; 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, 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 Beechridge Development Company for the extension of the completion date of the Beechridge Development, and refers Beechridge Development Company to the Special Use Permit Modification process to reactivate the development proposal.
This the 11th day of September, 2000.