AGENDA #4e
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Lowe’s Village Center Special Use Permit – Request to Extend Completion Time Limit (File No. 27.B.1)
DATE: March 5, 2001
The attached Resolution A would approve the request from National Development Corporation to extend the completion time limit for the Lowe’s Village Center Special Use Permit. The subject property is located at the intersection of Sage Road and US Highway 15-501. The property is identified as Chapel Hill Township Tax Map 27, Block B, Lot 1.
Resolution B would deny the request.
We have received a request for an extension of the completion date for the Lowe’s Village Center (please see the attached letter).
The following provides a chronology of events for this project:
February 27, 1995 The Town Council approved a Special Use Permit for the Lowe’s Village Center, a commercial development with two buildings and a total of 177,343 square feet of floor area.
July 30, 1996 A Zoning Compliance Permit was issued and shortly thereafter work began on construction of Commercial Building #1 (Lowe’s), the parking lot, and road improvements.
April 3, 1998 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 at that time revised to February 27, 1999.
April 27, 1999 National Development Corporation submitted an application for extension of the Special Use Permit for this project.
May 24, 1999 The Council deferred consideration of a request for extension of completion time to allow the applicant an opportunity to present the Town’s request for creation of a park-ride lot at the site to the leaseholder, Lowe’s.
July 7, 1999 The Council granted the request for extension of the completion date, with the condition that the remainder of the development for Lowe’s Village Center include no more than 25,000 square feet of floor area. The new completion date was February 27, 2000.
March 1, 2000 National Development Corporation submitted an application for extension of the Special Use Permit completion date for this project.
April 10, 2000 The Council granted the request for extension of the completion date, with the condition that the remainder of the development for Lowe’s Village Center include no more than 25,000 square feet of floor area. The new completion date was February 27, 2001.
November 14, 2000 A Zoning Compliance Permit was issued for the Borders Books Building (Phase II of the Village Center development).
February 22, 2001 National Development Corporation submitted an application for extension of the Special Use Permit completion date for this project.
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 February 22, 2001, which is within 60 days of February 27, 2001.
Determination B: The first of the two buildings has been completed and necessary infrastructure improvements are in place for this development. The applicant has received a Zoning Compliance Permit and a Building Permit for the second of the two buildings, and construction is underway. No additional evidence has been presented regarding due diligence and good faith. 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 1995. 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 note that landscaping in the parking lot and in the buffers at the Lowe's Village Center site has died and not yet been replaced. The Zoning Compliance Permit that was issued in November, 2000, for the Borders Books phase of the site, stipulates that the owner must replace the landscaping and repair the irrigation system for the entire site, prior to the issuance of a Certificate of Occupancy for the Borders Books building. In the event that construction concludes at a time of year unsuitable for planting, we would require a surety bond for three times the value of the plantings, prior to the issuance of a Certificate of Occupancy for the Borders Books building.
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 Lowe’s Village Center.
Resolution B would deny the request.
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR LOWE'S VILLAGE CENTER (2001-03-05/R-7a)
WHEREAS, National Development Corporation has requested an extension of the completion time limit for Lowe's Village Center; 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; and
WHEREAS, the applicant's previous request for extension stated his intent to reduce the allowable square footage of the second building to approximately 25,000 square feet;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the request of National Development Corporation for the extension of the completion date of the Lowe's Village Center to February 27, 2002.
This the 5th day of March, 2001.
RESOLUTION B
(Denying the Request)
A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR LOWE'S VILLAGE CENTER (2001-03-05/R-7b)
WHEREAS, National Development Corporation has requested an extension of the completion time limit for Lowe's Village Center; 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 National Development Corporation for the extension of the completion date of the Lowe's Village Center, and refers National Development Corporation to the Special Use Permit Modification process to reactivate the development proposal.
This the 5th day of March, 2001.