AGENDA #4L
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Presque Isle Residential Planned Development - Special Use Permit Request to Extend Completion Time Limit
DATE: June 24, 2002
The attached Resolution A would approve the request from the ARD Group, Inc. to extend the completion time limit, established by the Presque Isle Special Use Permit, to allow construction of a Residential Planned Development with 42 dwelling units to continue. The subject property is located on the southwest corner of Sage and Erwin Roads. The property is identified as Chapel Hill Township Tax Map 26, Lot 42.
Resolution B would deny the request.
We have received a request for an extension of the completion date for Presque Isle (please see the attached letter).
The following provides a chronology of events for this project:
June 23, 1997 The Town Council approved a Special Use Permit for Presque Isle, a Residential Planned Development. The Council approval authorized 5 buildings, 42 dwelling units, and 71,660 s.f. of floor area. The Town Council concurrently adopted an Ordinance amending the Zoning Atlas from Residential-2 (R-2) to Residential-5-Conditional (R-5-C).
July 1, 1999 The Town Manager, in accordance with Article 18.6.2 of the Development Ordinance, granted a twelve (12) month extension of the construction starting time limit. The existing starting time date was June 23, 1999 and the new starting date was revised to June 23, 2000. The extension was required because final plans had not yet been approved.
December 20, 1999 A Zoning Compliance Permit was issued for the development and work began shortly thereafter.
May 2, 2000 The Town Manager, in accordance with Article 18.6.3 of the Development Ordinance, granted a twelve (12) month extension of the construction completion time limit. The existing completion time limit was June 23, 2000 and the new completion date was revised to June 23, 2001.
June 25, 2001 The Town Council, in accordance with Article 18.6.3 of the Development Ordinance, granted a twelve (12) month extension of the construction completion time limit. The existing completion time limit was June 23, 2001 and the new completion date was revised to June 23, 2002.
May 24, 2002 E. Hani Fakhoury of the ARD Group, Inc. submitted a request for a 12-month extension of the construction completion time limit. The existing completion time limit is June 23, 2002 and the requested time limit for the completion of construction is June 23, 2003. Twenty-six of 42 units have been completed.
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 for starting and completion time limits each and the Town Council has granted one twelve-month extension for construction completion time limit. 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 May 24, 2002, which is within 60 days of June 23, 2002.
Determination B: A Zoning Compliance Permit has been issued authorizing construction of the Residential Planned Development. A significant portion of site work and construction is complete with three residential buildings remaining (see attached letter dated May 24, 2002). 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.
Determination C: The Special Use Permit was approved by the Council in June 23, 1997. 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 Resolution A, approving the request for an extension of the completion date of Presque Isle to allow construction of the Residential Planned Development to continue.
Resolution B would deny the request.
1. May 24, 2002 Letter Requesting Extension of Completion Time Limit of the Special Use Permit (p. 6).
2. Special Use Permit (p. 7).
3. Reduced Map (p. 9).
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR PRESQUE ISLE (2002-06-24/R-10a)
WHEREAS, ARD Group, Inc. has requested an extension of the completion time limit for Presque Isle; 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 ARD Group, Inc. for the extension of the completion date of the Presque Isle to June 23, 2003 to allow construction of the Residential Planned Development in accordance with the December 20, 1999 Zoning Compliance Permit.
This the 24th day of June, 2002.
RESOLUTION B
(Denying the Request)
A RESOLUTION DENYING A REQUEST FOR AN EXTENSION OF THE COMPLETION DATE FOR PRESQUE ISLE (2002-06-24/R-10b)
WHEREAS, ARD Group, Inc. has requested an extension of the completion time limit for Presque Isle; 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 ARD Group, Inc. for the extension of the completion date of the Presque Isle Special Use Permit, and refers ARD Group, Inc. to the Special Use Permit Modification process to reactivate the development proposal.
This the 24th day of June, 2002.