AGENDA #4c
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: University of North Carolina Center for School Leadership Special Use Permit – Request to Extend Completion Time Limit
DATE: January 8, 2001
The attached Resolution would approve the request from the University of North Carolina at Chapel Hill to extend the completion time limit for the North Carolina Center for School Leadership Special Use Permit. The subject property is located southwest of the Friday Center. The property is identified as Chapel Hill Township Tax Map 66, part of Lot 12.
We have received a request for an extension of the completion date for the UNC School Leadership Special Use Permit (please see the attached letters).
The following provides a chronology of events for this project:
December 4, 1996 The Town Council approved a Special Use Permit Modification for the Continuing Education Center, WUNC Radio, the UNC Joint Child Daycare Facility, and the North Carolina Center for School Leadership (AKA the Principals’ Executive Program). A copy of the Special Use Permit Modification is attached.
February 22, 2000 A Zoning Compliance Permit was issued and shortly thereafter work began.
April 10, 2000 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 December 4, 2000.
November 14, 2000 The University submitted an application for extension of the Special Use Permit completion date for this project (letter attached).
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 a twelve-month extension, 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 originally approved completion date. The request was filed November 14, 2000, which is within 60 days of December 4, 2000.
Determination B: The construction of the building began in January, 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. 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 the attached Resolution, approving the request and authorizing a twelve-month extension of the completion date for the North Carolina Center for School Leadership.
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR NORTH CAROLINA CENTER FOR SCHOOL LEADERSHIP (2001-01-08/R-4)
WHEREAS, the University of North Carolina at Chapel Hill has requested an extension of the completion time limit for the North Carolina Center for School Leadership Special Use Permit; 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 Council finds that 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 the University for the extension of the completion date of the North Carolina Center for School Leadership to December 4, 2001.
This the 8th day of January, 2001.