AGENDA #5

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Public Hearing:  Delta Kappa Epsilon Fraternity House – Application for Special Use Permit

DATE:             March 20, 2000

INTRODUCTION

An application has been filed by Coulter Jewell Thames, P.A., seeking approval of a Special Use Permit to authorize a 1,720 square foot addition and renovations for the Delta Kappa Epsilon (DKE) Fraternity House.  The Fraternity House is located northwest of the intersection of South Columbia Street and Cameron Avenue, across from the Carolina Inn.  Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

process

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council.  We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below).  Evidence will be presented tonight.  If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved.  If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit application is:

That the use of development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property or that the use or development is a public necessity.

The Development Ordinance defines contiguous property as follows:

Contiguous Property:  Property adjoining, neighboring, and nearby the outer boundary of a proposed development.  For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent.  For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development.  But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration.  Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application.  The attached Resolution C provides a format for determining the definition of contiguous property for this application.

Description of the Application

The site is described as including approximately .64 acres located at the northwest corner of the intersection of South Columbia Street and Cameron Avenue, across from the Carolina Inn.  The site is bordered to the north by the Sigma Alpha Epsilon Fraternity House and the Pi Lambda Phi Fraternity House, while the site is bordered to the west by the Phi Gamma Delta Fraternity House.  The site is located in the Office/Institutional-1 (OI-1) zoning district and the Cameron/McCauley Historic District. 

Existing Conditions:  The existing two and one-half story DKE Fraternity House has a floor area of 14,312 square feet, with a total of 25 parking spaces.  There are two vehicular access points to the site, from South Columbia Street and Cameron Avenue.

The topography of the site is relatively flat, with some 2-8% slopes.  The high point on the site is roughly in the center, where the existing house is located.  The site drains from the center to the edges of the property.  There are no streams or ponds on or adjacent to the site.  The site is not located in the Town’s Watershed Protection District. 

There are numerous mature specimen trees on the site.  There are also evergreen hedges along the southern and eastern edges of the existing Fraternity House.  Non-paved areas of the property are generally compacted dirt or intermittent grass.  The site is bounded by low stone walls (1 to 3 feet high).

Development Description:  The applicant is proposing a 1,720 square foot of additional floor area on the site, for a total of 16,032 square feet of floor area.  The new floor area includes two enclosed stair towers and a new entry addition on the south side of the house.  The renovations include the addition of a fire sprinkler system to the structure.  A paved terrace is proposed in the front lawn area, along with a brick sidewalk that connects to the additional new point of entry on the southern side of the house.  

Proposed site improvements include the widening of the entrance drive off of South Columbia Street, and the widening and relocation of the Cameron Avenue entrance drive.  In addition to widening the site’s driveways, the applicant is also proposing to re-stripe the parking lot to allow for one-way only vehicular circulation (traffic will enter the site on Cameron Avenue, and exit the site on South Columbia Street).

The applicant is proposing to reduce the number of parking spaces on the site from 25 to 20 spaces.  The applicant is also proposing to rebuild/renovate all of the stone walls that surround the property, adjacent to the public right-of-way.

Evaluation of the Application

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance.  We have prepared a Planning Staff Report that discusses intensity standards, access and circulation, parking, traffic impact, building elevations, buffers and landscaping, stormwater management, refuse management, utilities, fire safety, and erosion control (and is included as an attachment to this memorandum).  A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, we have concluded that the application as submitted complies with the regulations and standards of the Development Ordinance, except for requirements related to maximum floor area, minimum landscape buffers, and a five-foot planting strip around all buildings.  The applicant has asked for modification of regulations in these three areas for this site (please see discussion below).  The Council has the authority, in the context of this request for a new Special Use Permit for an existing development that requires a Special Use Permit, to modify regulations if it determines that public purposes are satisfied.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others.  The applicant’s materials are included as attachments to this memorandum.  We have not received any other written information from any other citizens as yet.  Staff, applicant, and others may provide information at the Public Hearing.  All information that is submitted, will be placed into the record of this Public Hearing.

Based on the evidence that is accumulated, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.  The four findings are:

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application.  If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit shall then be approved.  If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

REQUESTED MODIFICATIONS OF REGULATIONS

We note that the applicant is requesting from the Council modifications to the regulations regarding (1) permitted floor area on the site, (2) required landscape bufferyards on the northern and western edges of the site, and (3) required landscape strips between parking facilities and the exterior walls of a building.  These modifications for these nonconforming features are being requested as the existing Fraternity House was built in 1970, prior to the adoption of the Town’s Development Ordinance.  When the Town’s Development Ordinance was adopted in 1981, these pre-existing characteristics of the site became nonconforming features.  These requested modifications to the regulations for these nonconforming features are further discussed as follows:

(1)        Permitted Floor Area:   The existing Fraternity House (14,312 square feet of floor area) was rebuilt in 1970, after the original house was destroyed in a fire.  In 1981, the Town’s  Development Ordinance was approved with development intensity standards that permitted a maximum of 8,096 square feet of floor area on this site (Subsection 13.1.11).  Consequently, the existing floor area on the site became a nonconforming feature for this development.  The applicant is proposing to add 1,720 square feet of floor area, for a total of 16,032 square feet of floor area on the site. 

(2)        Landscape Bufferyards:  The existing Fraternity House has a one-foot buffer along the western edge of the site, and a three-foot buffer on the northern edge of the site.  The Town’s Development Ordinance (Subsection 14.12) requires a minimum of a 10-foot Type ‘B’ buffer for both the western and northern edges of the site. 

(3)        Landscape Buffer Strip:  The existing parking facilities on the site are adjacent to the exterior walls of the house in several locations.  The Town’s Development Ordinance (Subsection 14.6.6(a)) requires that 5-foot landscaped buffer strips be provided between parking facilities and the exterior walls of a building. 

Subsection 18.7.1 of the Development Ordinance states:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit.”

We believe that in this case the Delta Kappa Epsilon (DKE) Fraternity House application may be considered under the provisions of Subsection 18.7.1 as a Special Use Permit for an existing development that requires a Special Use Permit. 

If the Council believes it is appropriate to apply Section 18.7.1 in this situation, the Council may find that the modifications to the regulations satisfy public purposes to an equivalent or greater degree.  We note that the Council could find that said public purposes would be the provision of a renovated development that complies with the Town’s fire safety codes (including the addition of a fire sprinkler system, the enclosure of two existing exterior stairwells, and better emergency vehicle access within the site), and/or improvement to an aging structure that provides needed student housing close to campus.

Alternatively, the Council could reasonably conclude that the proposed modifications to the floor area intensity standards, landscape bufferyards, and landscape buffer strips would not satisfy public purposes to an equivalent or greater degree and could deny the application.

Summary of Comments

We have attached a resolution that includes standard conditions of approval, as well as special conditions that we recommend for this application.  The key special conditions that we recommend are summarized here and described in detail in the accompanying staff report.  With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:

¨      That a 12”-14” willow oak tree in the tree lawn near the existing driveway off of Cameron Avenue be preserved.  If however, construction necessitates removal of this tree, then the a 3”-4” caliper street tree be planted nearby as a replacement.

¨      That supplemental plantings be provided for the property’s eastern and southern bufferyards, as part of a Landscape Plan to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application:

1.      Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution;

2.      Applicant submits detailed Final Plans and documentation, complying with Council stipulations.  Information is reviewed by Town departments and the following agencies:

¨      Orange County Erosion Control Officer,

¨      Orange Water and Sewer Authority,

¨      Duke Power Company,

¨      Public Service Company,

¨      Time Warner Cable, and

¨      BellSouth.

3.      Historic District Commission reviews and approves building elevations and site lighting plan.

4.      Final Plat, including nature path easement, is reviewed and approved by Town staff.  Plat is recorded at the Orange County Register of Deeds office.

5.      Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work.  Permit includes conditions specific to the development and requires pre-construction conferences with Town staff;

6.      Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way; and

7.      Inspections Department issues Building Permits and Certificates of Occupancy.

Recommendations

Recommendations are summarized below.  Please see the attached summaries of board actions and recommendations.

Planning Board Recommendation:  The Planning Board reviewed this application on March 7, 2000 and voted 7-0 to recommend that the Council approve the application with adoption of Resolution A.  Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation:  The Transportation Board reviewed this application on March 7, 2000 and voted 7-0 to recommend that the Council approve the application with adoption of Resolution A.  Please see the attached Summary of Transportation Board Action.

We note that the Transportation Board recommended the following conditions of approval:

1.                  That if the tree on Cameron Avenue (12”-14” willow oak) that may be affected by the relocation of the driveway dies, that it be replaced with a 4” specimen of comparable type.

2.                  That the sidewalks along the property’s Cameron Avenue frontage be repaired to provide level walking surfaces.

We have incorporated the larger caliper replacement tree into the Manager’s preliminary recommendation (Resolution A).  We have also incorporated the sidewalk repair work in the public right-of-way, if approved by the North Carolina Department of Transportation (NCDOT), into the Manager’s preliminary recommendation (Resolution A).

Historic District Commission Recommendation:  The Historic District Commission reviewed this application on March 9, 2000, and voted 9-0 to recommend that the Council approve the application with adoption of Resolution A.  Please see the attached Summary of Historic District Commission Action.

Bicycle and Pedestrian Advisory Board Recommendation:  The Bicycle and Pedestrian Advisory Board has not reviewed this application at a meeting; however, individual members forwarded their comments on the project for the Council’s consideration.  Please see the attached Memorandum regarding comments from individual members of the Bicycle and Pedestrian Advisory Board.

We note that one of the suggestions forwarded by individual members of the Bicycle and Pedestrian Advisory Board was:

·        Secured, covered, illuminated bicycle parking should be provided to accommodate at least five (5) bicycles using wave-type racks. 

Please note that we have included a stipulation in Resolution A requiring “that a wave-style bicycle rack(s) be provided on the site to accommodate a minimum of five (5) bicycles.”

Manager’s Preliminary Recommendation:  Based on our evaluation of the application, we conclude that the application complies with standards and regulations of the Development Ordinance, except in the areas of maximum floor area, required buffers, and required planting strips.  If the Council finds that, with this development proposal, public purposes are satisfied to an equivalent or greater degree, these Development Ordinance regulations can be modified to eliminate these non-compliances.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application.  If the Council makes these public purpose findings for modification of the Development Ordinance regulations, and makes the four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would deny the application.

Resolution C would determine the definition of contiguous property for this application.

Attachments

A.           Planning Staff Report  (p. 9)

B.           Checklist of Project Fact Sheet Requirements  (p. 14)

C.           Resolution A – Approving the Application  (p. 15)

D.           Resolution B – Denying the Application  (p. 19)

E.            Resolution C – Defining Contiguous Property for this Application  (p. 20)

F.            Summary of Planning Board Action  (p. 21)

G.           Summary of Transportation Board Action  (p. 22)

H.           Summary of Historic District Commission Action  (p. 23)

I.              Memorandum from Members of the Bicycle and Pedestrian Advisory Board  (p. 24)

J.             Applicant’s Statement of Justification  (p. 25)

K.          Project Fact Sheet  (p. 29)

L.            Summary Map (p. 31)

M.         Reduced Plans  (p. 32)

Planning Staff Report

SUBJECT:       Public Hearing:  Delta Kappa Epsilon (DKE) Fraternity House –

                        Application for a Special Use Permit  (File No. 86.C.12; PIN# 9788-36-6328)

DATE:             March 20, 2000

INTRODUCTION

We have received and reviewed an application for a Special Use Permit for the Delta Kappa Epsilon (DKE) Fraternity House.  The DKE Fraternity is located at 132 South Columbia Street.  The site is located northwest of the intersection of South Columbia Street and Cameron Avenue, across from the Carolina Inn.  The property is located in the Office/Institutional-1 (OI-1) zoning district and the Cameron/McCauley Historic District.  The site identified as Chapel Hill Township Tax Map 86, Block C, Lot 12.

The Special Use Permit application requests approval for interior and exterior renovations, including a 1,720 square foot addition, to the Delta Kappa Epsilon (DKE) Fraternity House.  Additional proposed site improvements include the widening of existing driveways along South Columbia Street and Cameron Avenue, and a new paved terrace in the front lawn area.

BACKGROUND

1970                Existing DKE Fraternity House built after the original house was destroyed by a fire.

1981                The Chapel Hill Town Council adopted the Development Ordinance, which includes intensity standards regulating maximum floor area, minimum livability space, and requirements for landscape bufferyards.

November 8, 1999       The DKE Fraternity House submitted an application for a Special Use Permit.

January 10, 2000          The Town Council approved expedited review of the DKE Fraternity House Special Use Permit.

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation. 

Existing Conditions:  The .64 acre site is located at the northwest corner of the intersection of South Columbia Street and Cameron Avenue, across from the Carolina Inn.  The site is bordered to the north by the Sigma Alpha Epsilon Fraternity House and the Pi Lambda Phi Fraternity House, while the site is bordered to the west by the Phi Gamma Delta Fraternity House.

The existing two and one-half story DKE Fraternity House has a floor area of 14,312 square feet, with a total of 25 parking spaces.  There are two vehicular access points to the site, from South Columbia Street and Cameron Avenue.

The topography of the site is relatively flat, with some 2-8% slopes.  The high point on the site is roughly in the center, where the existing house is located.  The site drains from the center to the edges of the property.  There are no streams or ponds on or adjacent to the site.  The site is not located in the Town’s Watershed Protection District. 

There are numerous mature specimen trees on the site.  There are also evergreen hedges along the southern and eastern edges of the existing Fraternity House.  Non-paved areas of the property are generally compacted dirt or intermittent grass.  The site is bounded by low stone walls (1 to 3 feet high).

Development Description:  The applicant is proposing a 1,720 square foot of additional floor area on the site, for a total of 16,032 square feet of floor area.  The new floor area includes two enclosed stair towers and a new entry addition on the south side of the house.  The renovations include the addition of a fire sprinkler system to the structure.  A paved terrace is proposed in the front lawn area, along with a brick sidewalk that connects to the additional new point of entry on the southern side of the house.  

Proposed site improvements include the widening of the entrance drive off of South Columbia Street, and the widening and relocation of the Cameron Avenue entrance drive.  In addition to widening the site’s driveways, the applicant is also proposing to re-stripe the parking lot to allow for one-way only vehicular circulation (traffic will enter the site on Cameron Avenue, and exit the site on South Columbia Street).

The applicant is proposing to reduce the number of parking spaces on the site from 25 to 20 spaces.  The applicant is also proposing to rebuild/renovate all of the stone walls that surround the property, adjacent to the public right-of-way.

Intensity Standards:  The existing use on the site includes several nonconforming features that pre-date and do not meet the requirements of the Town’s Development Ordinance.  These requirements (and nonconforming features) are summarized as follows:

** Nonconforming feature that does not meet requirements of Town’s Development Ordinance.

The site does meet all Ordinance requirements for minimum building setbacks.

Since the existing floor area is an existing nonconforming feature, the applicant is requesting that the Town Council modify floor area intensity standard for this particular development application to allow this nonconforming condition (with the proposed expansion and renovations) to continue.

Access and Circulation:  The applicant is proposing to widen both the South Columbia Street driveway entrance and the Cameron Avenue driveway entrance to 14 feet, and to move the Cameron Avenue driveway in order to improve refuse truck access.  The applicant is also proposing to re-stripe the existing parking lot to allow for one-way vehicle circulation only.

Parking:  The applicant is proposing that a total of 20 residents will live in the Fraternity House.  Based on the number of residents that are proposed, the Development Ordinance requires that a minimum of 20 parking spaces (one space per resident) be provided on the site.  The applicant is proposing 20 parking spaces, including one handicapped parking space.  This represents a net reduction in the number of existing parking spaces (25) that are presently located on the site.  We believe that this proposal for 20 spaces is appropriate and acceptable.

Traffic Impact:  We note that the applicant is not proposing to increase the number of residents or the number of bedrooms that presently exist on the site.  In addition, the applicant is proposing to decrease the number of parking spaces on the site from 25 to 20 spaces.  Consequently, we believe that there will be no significant increase in parking or traffic with relation to this site.

Building Elevations:  We recommend that detailed building elevations and a lighting plan be approved by the Historic District Commission, prior to the issuance of a Zoning Compliance Permit.  This recommendation is included in Resolution A.

Buffers and Landscaping:  The following landscape buffers are required by the Town’s Development Ordinance:

The applicant is proposing the following landscape buffers:

·        Southern Border:  20-foot Type ‘A’ Buffer

·        Western Border:  1-foot Alternative Buffer

·        Northern Border:  3-Foot Alternative Buffer

·        Eastern Border:  40-foot Type ‘D’ Buffer

Since two of these four landscape buffers are existing nonconforming features, the applicant is requesting that the Town Council modify these landscape buffer requirements for this particular development application to allow these nonconforming conditions (with the proposed expansion and renovations) to continue.  We believe that the requested modification of the landscape buffer regulations for the western and northern borders of this site is acceptable. 

We note that the relocation of the Cameron Avenue driveway entrance to the site will necessitate the removal of a 20” maple tree.  We believe, however, that the relocation of this driveway entrance to provide better access to the site for automobiles as well as refuse collection vehicles is desirable, and justifies the removal of this tree. 

There is a 12”-14” willow oak tree located in the tree lawn near the existing driveway off of Cameron Avenue.  We believe that it is preferable for this tree to be preserved, however, if construction necessitates the removal of this tree, we recommend that a 3”-4” caliper street tree be planted nearby as a replacement prior to the issuance of a Certificate of Occupancy for the site.  This stipulation has been included in Resolution A.

The existing site does not meet the Development Ordinance’s requirement for a five-foot planting strip between parking lots and buildings.  Since this is an existing nonconforming feature, the applicant is requesting that the Town Council modify this requirement for this particular development application to allow this nonconforming feature (with the proposed expansion and renovations) to continue. 

We also recommend that some supplemental plantings are desirable for the property’s eastern and southern bufferyards.  Accordingly, we recommend that a Landscape Plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit for this project.  We have included these stipulations in Resolution A.

Stormwater Management:  We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Stormwater Management Plan prior to issuance of a Zoning Compliance Permit for this development.  The plan will be based on a 25-year storm.

Refuse Management:  The application proposes to retain two dumpsters and add new recycling facilities in the northwest corner of the site.  We recommend that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.  We also recommend that the final plans indicate that all drive aisles necessary for access to the dumpsters and recycling containers be constructed with heavy-duty pavement.  We have included a stipulation to this effect in Resolution A.

Utilities:  We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company and the Town Manager prior to issuance of a Zoning Compliance Permit.  We have included this standard stipulation in Resolution A.

Fire Safety:  We have included a stipulation requiring a fire sprinkler system in the building, as required by the Town Code of Ordinances.  We have also included our standard stipulation in Resolution A requiring Town Manager approval of a fire flow report, sealed by a professional engineer, prior to the issuance of a Zoning Compliance Permit.  In addition, we included a stipulation requiring Fire Marshal approval of the Fire Department sprinkler system connections prior to the issuance of a Zoning Compliance Permit.

Erosion Control:  We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. 

Special Use Permit Findings: For approval of a Special Use Permit, the Council must make the following findings, as set forth in Section 18.2 of the Development Ordinance:

(a)                That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

(b)               That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

(c)                That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity;

(d)               That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

These items are discussed in the cover memorandum.

CONCLUSION

Based on information available at this stage of the application review process, and except for the particular requests for modifications to the regulations, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan. 

Resolutions A would approve the application and the requested modifications to the regulations, with conditions.

Resolution B would deny the application.

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

N/A = Not Applicable                                                                              Prepared: March 1, 2000

RESOLUTION A

                                                                                             (Manager’s Preliminary Recommendation,

Planning Board Recommendation,

Transportation Board Recommendation,

and Historic District Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE DELTA KAPPA EPSILON FRATERNITY HOUSE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Coulter, Jewell and Thames, P.A., on property identified as Chapel Hill Township Tax Map 86, Block C, Lot 12, and PIN # 9788-36-6328, if developed according to the site plan dated February 3, 2000, and conditions listed below, would:

1.         Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2.         Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3.         Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4.         Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED by the Council that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:

1.      Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Floor Area Ratio of .53 for the DKE Fraternity House.

2.      Modification of Subsection 14.12 to allow the existing one-foot buffer on the western edge of the site and the existing three-foot buffer on the northern edge of the site. 

3.      Modification of Subsection 14.6.6 (a) to allow the existing parking facilities to be adjacent to the exterior wall of the house (rather than providing a five-foot landscaped strip).

Said public purposes being the provision of a development that complies with the Town’s fire safety codes.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for the Delta Kappa Epsilon Fraternity House in accordance with the plans listed above and with the conditions listed below:

                                                Stipulations Specific to the Development

1.                  That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (three years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit authorizes a 1,720 square foot addition to the existing Delta Kappa Epsilon Fraternity House, including interior and exterior renovations; a maximum of 20 on-site residents; the addition of a new paved terrace in the front lawn area; the reduction from 25 to 20 parking spaces; and the striping of the parking lot and drive aisles for one-way only traffic circulation (traffic shall enter the site on Cameron Avenue, and exit the site on South Columbia Street).

3.                  NCDOT Approval:  That any required permits or encroachment agreements by the North Carolina Department of Transportation be obtained, and copies of the permits and agreements be submitted to the Town, prior to the issuance of a Zoning Compliance Permit. 

4.                  Bicycle Rack(s):  That a wave-style bicycle rack(s) be provided on the site to accommodate a minimum of five (5) bicycles.

Stipulations Related to Landscape Elements

5.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  This detailed Landscape Plan shall include supplemental plantings along the property’s southern and eastern buffers. 

6.                  Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   

7.                  Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨                  Type ‘A’ landscape bufferyard (minimum width 20 feet) along Cameron Avenue; and

¨                  Type ‘D’ landscape bufferyard (minimum width 40 feet) along South Columbia Street. 

8.                  Preservation of Existing Tree:  That the existing 12” to 14” willow oak tree located in the tree lawn near the existing driveway off of Cameron Avenue shall be preserved, if possible.  In the event that this tree cannot be preserved during construction, a comparable 4” caliper street tree shall be planted nearby as a replacement, prior to occupancy of the structure.

Stipulations Related to Utilities

9.                  Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth, Public Service Company, and the Town Manager before issuance of a Zoning Compliance Permit.

Stipulations Related to Fire Protection/Fire Safety

10.              Fire Flow:  That a fire flow report prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

11.              Sprinkler System:  That the building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.

12.              Sprinkler System Connections:  That the final location of the Fire Department sprinkler system connection shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Refuse and Recycling Collection

13.              Solid Waste Management Plan:  That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14.              Refuse/Recycling Facilities:  That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

15.              Heavy-Duty Paving:  That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement; or alternatively, that a Waiver of Liability be provided stating that the Town shall have not responsibility or liability for any damages to the existing pavement as a result of servicing refuse/recycling facilities on the site.

Miscellaneous Stipulations

16.              Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  Based on a 25-year storm, the post-development stormwater run-off rate shall not exceed the pre-development rate. 

17.              Historic District Commission Approval:  That the Historic District Commission shall approve the building elevations and the lighting plan for the site, prior to the issuance of a Zoning Compliance Permit.

18.              Certificates of Occupancy:  That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.

            If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; and no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase.  A note to this effect shall be placed on the final plat.

19.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

20.              Erosion Control:  That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.

21.              Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

22.              Construction Sign Required:  That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.  The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height.  The sign shall be non-illuminated, and shall consist of light letters on a dark background.

23.              Continued Validity:  That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above. 

24.              Non-severability:  That if any of the above conditions is held to be invalid, approval in its entirety shall be void. 

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for the Delta Kappa Epsilon Fraternity House. 

This the _________ day of _______________, 2000.

 RESOLUTION  B

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE DELTA KAPPA EPSILON (DKE) FRATERNITY HOUSE

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Coulter, Jewell and Thames, P.A., on property identified as Chapel Hill Township Tax Map 86, Block C, Lot 12, and PIN # 9788-36-6328, if developed according to the site plan dated February 3, 2000, and conditions listed below, would not:

1.                  Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2.                  Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3.                  Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and

4.                  Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds:

                                    (INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for the Delta Kappa Epsilon (DKE) Fraternity House.

This the ____ day of ____________, 2000.

 RESOLUTION  C

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE DELTA KAPPA EPSILON (DKE) FRATERNITY HOUSE  (2000-03-29/R-4)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the Delta Kappa Epsilon (DKE) Fraternity House, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

All properties within _____ feet of the site.

This the 20^th day of March, 2000.