AGENDA #8

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Meadowmont Hilltop and Greenway Condominiums Special Use Permit Modification – Request for Waiver of Fees

 

DATE:             September 9, 2002

 

On August 26, 2002, the Town Council received the attached petition from Mr. Roland Gammon of White Oak Properties, Inc. and adopted a motion to grant expedited processing of a Special Use Permit Modification for the Meadowmont Hilltop and Greenway Condominiums.  Mr. Gammon reports that the applicant’s materials during the original Special Use Permit process incorrectly identified the floor area for the project, and accordingly the applicant must now modify the existing Special Use Permit in order to build the development as the applicant had intended.  The petition also requested a waiver of the application fee. 

 

During the August 26 meeting at which the petition was presented, the Town Council adopted a motion to grant expedited processing status to the Special Use Permit Modification application, when it is submitted (the first part of the request).  The Council referred the second request to the Town Manager for review and recommendation.  This memorandum tonight addresses this second request.

 

Resolution A, the Manager’s recommendation, would waive a portion of the Special Use Permit Modification review fee. 

 

Resolution B would waive the full Special Use Permit Modification review fee.

 

Resolution C would require full payment of the Special Use Permit Modification review fee.

 

BACKGROUND

 

April 22, 2002              The original Special Use Permit application was approved by the Town Council.  Mr. Gammon’s petition indicates that his materials contained a clerical error and that the application inaccurately stated the total square footage requested for the Hilltop portion of the development as 85,600 square feet.  Mr. Gammon indicated that the correct square footage for the Hilltop portion should have been 131,400 square feet. The Council’s Special Use Permit approval authorized the construction of a multi-family residential development as specified below:

 

 

Land Use Intensity

Hilltop Condominiums

Greenway Condominiums

Total

Total # of Buildings

4

2

6

Maximum # of Dwelling Units

48

16

64

Minimum # of Affordable Units

0

16

16

Maximum Floor Area

85,600

sq ft

16,656

sq ft

102,256 sq ft

 

August 26, 2002           The Town Council received Mr. Gammon’s petition and granted expedited processing of a Special Use Permit Modification application.   The Special Use Permit Modification application is anticipated to request approval of 131,400 of floor area for the Hilltop portion of the Meadowmont Hilltop/Greenway Condominium Project.

 

We have not received the application for Special Use Permit Modification.

 

DISCUSSION

 

Development applications within the Town’s zoning jurisdiction are subject to fees associated with the type of application or permit requested (schedule attached).  These fees are intended to recover the cost of staff time taken to review and process the development proposal.  Presently, the Special Use Permit and Special Use Permit Modification fees include a base fee of $5,000 plus a floor area square footage fee that is $20 for each 100 square feet of floor area.

 

The following table identifies Special Use Permit fee information associated with the original Special Use Permit application for the Meadowmont Hilltop and Greenway Condominiums project:

 

Application Fee provided for Original Special Use Permit Application (102,256 sq.ft.)

 

                       $25,451.20 (paid)

Application Fee for Original Special Use Permit Application if Full Floor Area Had Been Requested (148,056 sq.ft.)

 

                       $34,611.20

 

Difference

 

                     

                       $  9,160.00

 

The applicant paid an application fee to the Town for the original Special Use Permit application of $25,451.20.  This development review fee was based on a project floor area of 102,256 square feet (Hilltop portion at 85,600 square footage of floor area plus the Greenways portion at 16,656 square feet). 

 

If the applicant had paid the fee based on the corrected square footage, the amount due should have been $34,611.20, a difference of $9,160.00. 

 

The current fee schedule would assign a fee as follows, for an application to modify the Special Use Permit that was approved on April 22, 2002:

 

                        $5,000.00        Base Fee

                        $9,160.00        Additional fee according to schedule of $20 per 100 sq. ft.

                        _________      of new floor area

                       $14,160.00       Total Fee

 

Given the limited nature of this request (to adjust the allowable square footage due to the applicant’s clerical error), the staff work involved in processing such an application would be reduced compared to a typical Special Use Permit Modification application.  However, there will be Town costs – to review the application, write memoranda for advisory boards and the Town Council, advertising and public information tasks.  In this case, if it does turn out to be the case that this becomes a matter of simply correction of the applicant’s clerical error, we estimate that the Town would incur costs of approximately $3,000.

 

RECOMMENDATION

Manager’s Recommendation:  We believe that it would be reasonable for the Council to reduce the fee for this proposed application for a Special Use Permit Modification from $14,160 to $12,160.  We have arrived at this figure of $12,160 by considering (a) The “underpayment” of $9,160 from the original Special Use Permit application fee, reflecting the difference in square footage that the applicant listed on the application compared to the applicant’s intent; and (b) the estimated $3,000 in direct Town cost that we believe would be incurred by processing the proposed abbreviated Special Use Permit Modification application.  Resolution A would require a fee of $12,160.

If the Council desires to waive all additional development review fees associated with this application, Resolution B directs the Town Manager to waive the fee for a Special Use Permit Modification application.

Resolution C would affirm use of the adopted fee schedule for this proposed Special Use Permit Modification application ($14,106).

This fee waiver or partial fee waiver would not apply to Final Plans or other associated fees.

 

ATTACHMENTS

1.                Letter from White Oak Properties, Inc., Requesting Expedited Processing (p. 7).

 

 

RESOLUTION A

(Manager’s Recommendation)

A RESOLUTION PARTIALLY WAIVING THE DEVELOPMENT REVIEW FEE FOR THE MEADOWMONT HILLTOP AND GREENWAYS CONDOMINIUMS FOR PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION (2002-09-09/R-10a)

WHEREAS, the Town Council has received a petition from White Oak Properties, Inc., requesting that the development review fee for the  Special Use Permit Modification seeking approval for the Meadowmont Hilltop and Greenway Condominiums application be waived; and

WHEREAS, the Town Council finds that the applicant, White Oak Properties, would be required to pay a development review fee of $14,160 for the particular Special Use Permit Modification application based on the adopted fee schedule;  and

WHEREAS, this Special Use Permit Modification is necessary only for purposes of correcting the applicant’s clerical error and no substantive changes to the plans are involved;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to require payment of $12,160 for processing of the Special Use Permit Modification application for the Meadowmont Hilltop and Greenway Condominiums.

This the 9th day of September, 2002.

 

RESOLUTION B

(Waiving of fees)

A RESOLUTION WAIVING THE DEVELOPMENT REVIEW FEE FOR THE MEADOWMONT HILLTOP AND GREENWAYS CONDOMINIUMS FOR PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION (2002-09-09/R-10b)

WHEREAS, the Town Council has received a petition from White Oak Properties, Inc., requesting that the development review fee for the  Special Use Permit Modification seeking approval for the Meadowmont Hilltop and Greenway Condominiums application be waived; and

WHEREAS, the Town Council finds that the applicant, White Oak Properties, would be required to pay a development review fee of $14,160 for the particular Special Use Permit Modification application based on the adopted fee schedule;  and

WHEREAS, this Special Use Permit Modification is necessary only for purposes of correcting the applicant’s clerical error and no substantive changes to the plans are involved;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to require no payment for processing of the Special Use Permit Modification application for the Meadowmont Hilltop and Greenway Condominiums.

This the 9th day of September, 2002.

 

RESOLUTION C

(No Waiver of fees)

A RESOLUTION REQUIRING PAYMENT OF THE DEVELOPMENT REVIEW FEE FOR THE MEADOWMONT HILLTOP AND GREENWAYS CONDOMINIUMS FOR PROCESSING IN THE REVIEW OF A SPECIAL USE PERMIT MODIFICATION APPLICATION (2002-09-09/R-10c)

WHEREAS, the Town Council has received a petition from White Oak Properties, Inc., requesting that the development review fee for the  Special Use Permit Modification seeking approval for the Meadowmont Hilltop and Greenway Condominiums application be waived; and

WHEREAS, the Town Council finds that the applicant, White Oak Properties, would be required to pay a development review fee of $14,160 for the particular Special Use Permit Modification application based on the adopted fee schedule;  and

WHEREAS, this Special Use Permit Modification is necessary only for purposes of correcting the applicant’s clerical error and no substantive changes to the plans are involved;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is directed to require payment of $14,160 for processing of the Special Use Permit Modification application for the Meadowmont Hilltop and Greenway Condominiums.

This the 9th day of September, 2002.