AGENDA #7a&b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Delta Kappa Epsilon Fraternity House – Application for Special Use Permit
DATE: April 10, 2000
INTRODUCTION
Tonight the Council continues the Public Hearing from March 20, 2000, regarding the Special Use Permit application for a 1,720 square foot addition and renovations for the Delta Kappa Epsilon (DKE) Fraternity House. Adoption of Resolution A would approve a Special Use Permit application. Adoption of Resolution B would deny the request.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows: ¨ Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action. ¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the March 20th Public Hearing, and a copy of the Public Hearing memorandum and its related attachments. |
BACKGROUND
On March 20, 2000, a Public Hearing was held for consideration of a Special Use Permit application to authorize a 1,720 square foot addition and renovations for the Delta Kappa Epsilon (DKE) Fraternity House, which is located on approximately .64 acres of land located at the northwest corner of the intersection of South Columbia Street and Cameron Avenue. A question regarding this application was raised during the Public Hearing, and the Hearing is being opened tonight to receive the staff response to this question. We note, that on March 20, the Council determined that contiguous property would be defined as those properties adjacent to this site.
This is an application for a Special Use Permit. 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 regarding its compliance with the standards and regulations of the Development Ordinance; we have presented a report to the Planning Board; and on March 20 we submitted our report and recommendation to the Council.
evaluation of the application
The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.
If, after consideration of the evidence submitted at the Public Hearing, 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.
Tonight, based on the evidence presently in the record thus far, we provide the following evaluation of this application based around the four findings of facts that the Council must consider for granting a Special Use Permit.
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Finding #1: 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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #1 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:
· There will be no increase in the number of residents living on the site.
· A fire sprinkler system will be added to the existing structure.
· The two exterior stair towers will be enclosed and re-built to meet current fire safety and accessibility standards.
· The new entry foyer on the south side of the building will provide a second means of covered access to the basement rooms.
· The proposed improvements to the existing parking lot will improve traffic circulation and refuse vehicle access.
· The solid waste facilities will be redeveloped and screened to conform to current Town guidelines.
Evidence in opposition: No one spoke at the Public Hearing or offered evidence in opposition.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #2: 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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:
· The site meets all setbacks, and the building height is within that permitted by the ordinance.
· Additional plant materials will be added to help the site meet parking lot shading requirements.
· Parking will be reconfigured to meet current Town dimensional standards, and the dumpster area will be improved to meet current code.
· Stormwater will be managed to prevent any increase in current runoff levels.
Evidence in opposition: Evidence in opposition of Finding #2 for this application would be the fact that the development proposal does not meet the Development Ordinance requirements for (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. We note that the applicant is asking for modifications to the regulations for this site. (Please see “Requested Modification of Regulations” section below.)
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #3: 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; |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #3 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key point raised by the applicant:
Evidence in opposition: No one spoke at the Public Hearing or offered evidence in opposition.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #4: 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. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key point raised by the applicant:
Evidence in opposition: No one spoke at the Public Hearing or offered evidence in opposition.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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.
We believe that the key issue brought forth during the March 20 Public Hearing was related to the relocation of the Cameron Avenue driveway entrance. We have provided additional information on this issue, including a response from the Town Staff, as an attachment to this memorandum.
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 Recommendation: Based on the information in the record to date, we believe that the Council (1) could make the finding that public purposes are satisfied to an equivalent or greater degree, and thus approve the requested modifications of the regulations as proposed by the applicant, and (2) could make the four findings required to approve the Special Use Permit. However, we note that the purpose of tonight’s hearing is to receive additional information.
We recommend that the Council adopt Resolution A, approving the requested modifications of regulations and approving the application with conditions.
Resolution B would deny the application.
A. List of Issues Raised during the March 20, 2000 Public Hearing (p. 8)
B. Resolution A – Approving the Application (p. 9)
C. Resolution B – Denying the Application (p. 13)
D. Applicant’s Statement of Justification (p. 14)
E. March 20, 2000 Public Hearing Memorandum and Related Attachments (begin new page 1)
DELTA KAPPA EPSILON (DKE) FRATERNITY HOUSE
Questions/Issues Raised at the March 20, 2000 Public Hearing
Site Access
1. A Council member asked if the Town’s Traffic Engineer approved the relocated driveway entrance on Cameron Avenue.
Staff Comment: The Town staff concurs that the proposed relocation of the Cameron Avenue driveway entrance for this site is desirable. This change will provide a wider driveway entrance, and provide better circulation for refuse vehicles. Furthermore, by relocating the entrance farther from the intersection of Cameron Avenue and South Columbia Street, sight distances will be improved for vehicles turning into the site
On a related issue, we also note that the applicant is proposing to change the parking lot striping to provide for one-way circulation on the DKE site. In particular, based on the proposed site plan, vehicles would enter the site from Cameron Avenue and exit the site onto South Columbia Street. This change will eliminate vehicles exiting the site onto Cameron Avenue (which is presently dangerous for eastbound vehicles turning left, across westbound traffic, to head to campus).
We support the relocated Cameron Avenue driveway entrance as proposed on the applicant’s site plan.
RESOLUTION A
(Manager’s 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 (2000-04-10/R-12a)
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 April 10, 2002 (two years from the date of Council approval) and be completed by April 10, 2003 (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.
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 10th day of April, 2000.
RESOLUTION B
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE DELTA KAPPA EPSILON (DKE) FRATERNITY HOUSE (2000-04-10/R-12b)
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 10th day of April, 2000.