AGENDA #5

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: Tau Epsilon Phi (TEP) Fraternity House – Application for Special Use Permit

DATE: May 15, 2000

INTRODUCTION

An application seeking approval of a Special Use Permit has been filed by GGA Architects, on behalf of the Omega Chapter of the Tau Epsilon Phi, Inc. The application is for the TEP Fraternity, which is located at 216 East Rosemary Street, on the south side of East Rosemary Street, between Friendly Lane and Cottage Lane.

The applicant is requesting approval of a new Special Use Permit for an existing development that requires a Special Use Permit, but does not have one. The new Special Use Permit would authorize the existing use, a 989 square foot addition, and interior and exterior renovations for the Tau Epsilon Phi (TEP) Fraternity House.

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.

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance.

¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

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 D provides a format for determining the definition of contiguous property for this application.

Description of the Application

The site is described as including approximately .33 acres located at 216 East Rosemary Street, on the south side of East Rosemary Street, between Friendly Lane and Cottage Lane. The Kappa Delta Sorority is located immediately west of the site, while University offices are located immediately south of the site. The Lambda Chi Alpha Fraternity is located southeast of the site.

The site is located in the Residential-6 (R-6) zoning district and in the Town’s Franklin/Rosemary Historic District.

Existing Conditions: The existing TEP Fraternity House has a floor area of 7,892 square feet, with a total of 16 parking spaces. There is one point of vehicular access to the site, from East Rosemary Street. Due to the existing parking lot layout, vehicles must back onto East Rosemary Street in order to exit the site.

Presently, residents circulate inside the building through the use of two open stairwells that represent a significant fire concern. In addition, the building’s exterior fire stairs exit the building through two upper-story bedroom windows.

The topography of the site is relatively flat, with a generalized 2% slope. There are no streams or ponds on or adjacent to the site. The site is not located in the Town’s Watershed Protection District.

Development Description: The applicant is proposing to construct 989 square feet of additional floor area on the site, for a total of 8,971 square feet of floor area. The new floor area is being proposed in order to provide a new central stairwell that will provide better internal circulation for the structure, and will provide better egress from the building in the event of a fire. In addition, a hallway will be created on the upper levels, leading directly to the exterior fire stairs for the upper floors. Renovations include the addition of a fire sprinkler system to the structure.

There are several parking-related improvements that the applicant is proposing for the site. In particular, the applicant is proposing to restripe the parking lot, reducing the number of parking spaces from 16 to 13 spaces, This reduction in parking spaces will incorporate a back-in bay that will provide the opportunity for vehicles to drive forward when exiting the site (presently vehicles must back onto East Rosemary Street in order to exit the site).

The applicant is also proposing to repair the stone wall along the property’s East Rosemary Street frontage, and to install an additional sidewalk between the driveway entrance to the site and the eastern property line.

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, building elevations, buffers and landscaping, refuse management, utilities, and fire safety (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:

1. Permitted floor area on the site,

2. Permitted outdoor space area on the site,

3. Front street setback,

4. Western interior setback,

5. Required landscape bufferyards,

6. Required landscape strips between parking facilities and the exterior walls of a building,

7. Required parking lot shading,

8. Minimum number of required parking spaces, and

9. Underground utility lines.

The applicant has asked for modification of regulations in these nine 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:

Special Use Permit – Required Findings of Fact

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.

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.

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;

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.

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. Permitted outdoor space area on the site,

3. Front street setback,

4. Western interior setback,

5. Required landscape bufferyards,

6. Required landscape strips between parking facilities and the exterior walls of a building,

7. Required parking lot shading,

8. Minimum number of required parking spaces, and

9. Underground utility lines.

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) Maximum Floor Area: The existing Fraternity House (7,892 square feet of floor area) has been built in three stages, with the third portion of the building being finished in the 1960s. In 1981, the Town’s Development Ordinance was approved with development intensity standards that permitted a maximum of 4,112 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 989 square feet of floor area, for a total of 8,971 square feet of floor area on the site.

Staff Comment: We believe that the Council could find that the proposed 12.5% increase in floor area is a desirable public safety improvement, as it provides better internal circulation for the structure in the event of a fire. Also, higher intensity student housing is desirable near the University campus and the addition of this floor area could be viewed as achieving that purpose.

(2) Minimum Outdoor Space: The existing Fraternity House, which pre-dates the adoption of the Town’s Development Ordinance, has 11,434 square feet of outdoor space. The Development Ordinance requires a minimum of 11,527 square feet of outdoor space. The applicant is proposing to reduce outdoor space by a total of 472 square feet, for a total of 10,962 square feet of outdoor space.

Staff Comment: We believe that the Council could find that the proposed 4.1% decrease in outdoor space is acceptable, as the applicant proposes to achieve a public purpose by installing safer exterior fire stairs and making improvements in the parking lot that will promote safer ingress/egress to the site.

(3) Minimum Front Street Setback: The existing Fraternity House has an 18-foot front street setback. The Development Ordinance requires a minimum of a 24-foot front street setback for this site. The applicant is proposing to reduce this front street setback to 14 feet, in an effort to provide an architecturally integrated structure. In particular, the applicant is proposing to add a new roof over the front entrance, and to construct a new gabled roof over the middle of the house.

Staff Comment: We believe that the Council could determine that the proposed four (4) foot reduction in the front street setback is achieving a public purpose, and is consistent with the setbacks of other existing structures in the neighborhood that pre-date the adoption of the Town’s Development Ordinance. The Council could determine that the proposed front setback reduction would provide necessary space to construct a new central stairwell that will provide better internal circulation, particularly in the event of a fire.

(4) Minimum Western Interior Setback: The existing Fraternity House has a conforming 9-foot western interior setback. The Development Ordinance requires a minimum of an 8-foot interior setback for this site. The applicant is proposing to add new exterior fire stairs that will reduce this setback to 2 feet, in an effort to provide better emergency egress from the building.

Staff Comment: We believe that the Council could find that the creation of a nonconforming western interior setback is a necessary public safety improvement, in order to provide fire stairs on the side of an existing building.

(5) Required Landscape Bufferyards: The existing Fraternity House has non-conforming landscape bufferyards along all four edges of the site. The Town’s Development Ordinance (Subsection 14.12) requires a minimum of a 15-foot Type ‘A’ buffer for the northern border of the site, along East Rosemary Street. The Ordinance requires a minimum of a 10-foot Type ‘B’ buffer for the eastern, southern and western edges of the site. Since all four landscape bufferyards are an existing non-conforming feature, the applicant is requesting that the Council approve all four existing buffers as permissible for this site.

Staff Comment: We believe that the Council could find that public purposes are satisfied given this property is surrounded by other sorority, fraternity, rooming house, and University-related uses, and that the existing buffers are adequate and acceptable for this site, given the nature of neighboring uses.

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

Staff Comment: We note that the applicant already has fewer than the minimum number of parking spaces required by the Development Ordinance for this site (see modification #8 below). In order to provide the five (5) foot landscaped buffer strip as required by the Development Ordinance, the applicant would have to give up several additional parking spaces. Given the space constraints on this existing site, and the applicants proposal to make public safety improvements on the site, we believe that the Council could find that it is appropriate to not require a five foot landscaped strip between the wall of the building and the parking facilities.

(7) Required Parking Lot Shading: The existing parking lot shading is an existing nonconforming feature. The Development Ordinance requires that the applicant achieve shading of at least 35% of the parking area surface on noon on August 21^st, when the vegetation matures. The applicant is proposing to achieve shading for 34.2% of the parking area.

Staff Comment: We believe that the Council could find that the proposed shading for 34.2% of the parking area is acceptable given the proposed public safety improvements on the site. Alternatively, the Council could require the applicant to plant additional landscaping sufficient to provide shading for at least 35.% of the parking area.

(8) Minimum Number of Parking Spaces: The existing parking lot contains 16 parking spaces. The Development Ordinance requires that a minimum of 20 parking spaces (one space per resident) be provided on the site. The applicant is proposing to reduce the number of parking spaces to 13 spaces, and provide a back-in bay in order that vehicles may have the opportunity to leave the site without having to back out onto East Rosemary Street.

Staff Comment: We believe that the Council could find that public purposes are satisfied by the provision of fewer parking spaces on the site, given the close proximity of this site to downtown and the University, and the proposed safer ingress/egress to the parking lot. We note that the staff is recommending the elimination of a parking space (for a total of 12 parking spaces, as stipulated in Resolution A). Resolution B, which reflects the Planning Board’s recommendation, would approve the applicant’s proposal to provide 13 parking spaces.

(9) Underground Utility Lines: The Development Ordinance (Subsection 14.10) requires that utility lines be placed underground. The existing development includes a non-conforming overhead electrical line that runs above the center of the parking lot from the street to the rear property line, then continue along the rear property line a short distance, and then proceed underground to the building. The applicant is proposing to leave this overhead electrical line in place as a non-conforming feature because underground lines would disturb the roots of the trees now serving as part of the site’s southern buffer.

Staff Comment: We believe that given the current alignment of the electrical line, underground installation would damage the tree roots on the southern edge of the site. We believe that the Council could find that public purposes are satisfied and that underground utility lines are acceptable on this site in an effort to protect existing buffer vegetation on the site.

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 Tau Epsilon Phi (TEP) 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 some or all of 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 provision of two new exterior fire stairs, and better emergency vehicle access within the site), improvements that promote public safety on the site, and/or improvements to an aging structure that provides needed student housing close to campus.

Alternatively, the Council could reasonably conclude that some or all of the proposed modifications would not satisfy public purposes to an equivalent or greater degree and could therefore 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 condition that we recommend is 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 only 12 parking spaces shall be provided on the site. Parking space C13 (the parallel parking space adjacent to the house) shall be removed a replaced with landscaping. This adjustment will fulfill the Development Ordinance requirement for five (5) foot landscaped planting strips between parking lots and buildings for a portion of this site.

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 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 May 2, 2000 and voted 9-0 to recommend that the Council approve the application with adoption of Resolution A, with the condition that the applicant be permitted to have 13 parking spaces. Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation: The Transportation Board will review this application on May 16, 2000. We will provide the Summary of Transportation Board Action to the Council, as soon as it is available.

Historic District Commission Recommendation: The Historic District Commission will review this application on May 11, 2000. We will provide the Summary of Historic District Commission Action to the Council, as soon as it is available.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board will review this application on May 9, 2000. We will provide the Summary of Bicycle and Pedestrian Advisory Board Action to the Council, as soon as it is available.

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, minimum outdoor space, front street setback, western interior setback, require landscape bufferyards, required landscape strips between parking facilities and the external walls of a building, parking lot shading, minimum number of parking spaces, and underground utility lines. 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 C would deny the application.

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

Attachments

A. Planning Staff Report (p. 11)

B. Checklist of Project Fact Sheet Requirements (p. 18)

C. Resolution A – Approving the Application (p. 19)

D. Resolution B – Approving the Application (p. 23)

E. Resolution C – Denying the Application (p. 25)

F. Resolution D – Defining Contiguous Property for this Application (p. 26)

G. Summary of Planning Board Action (p. 27)

H. Applicant’s Statement of Justification (p. 28)

I. Project Fact Sheet (p. 33)

J. Summary Map (p. 35)

K. Reduced Plans (p. 36)

ATTACHMENT A

PLANNING STAFF REPORT

SUBJECT: Public Hearing: Tau Epsilon Phi (TEP) Fraternity House –

Application for a Special Use Permit (File No. 80.E.6; PIN# 9788-48-6120)

DATE: May 15, 2000

INTRODUCTION

We have received and reviewed an application for a Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House. The TEP Fraternity House is located on the south side of East Rosemary Street, between Friendly Lane and Cottage Lane. The site is located in the Residential-6 (R-6) zoning district, and the Franklin/Rosemary Historic District. The site is identified as Chapel Hill Township Tax Map 80, Block E, Lot 6.

The Special Use Permit application requests approval for a 989 square foot addition, and interior and exterior renovations of the Tau Epsilon Phi (TEP) Fraternity House. Interior renovations are proposed to provide better emergency egress from the building, while exterior renovations are proposed for the parking lot in order to permit vehicles to more safely exit the site.

BACKGROUND

1920s Original TEP Fraternity House built on the western portion of the site.

1950s An annex was built that doubled the size of the existing house.

1960s A one and one-half story addition was added to the rear of the house, to incorporate a new kitchen and dining facility.

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

February 10, 2000 Applicant conducted a Concept Plan Review for the Special Use Permit application, with the Historic District Commission.

January 19, 2000 The DKE Fraternity House submitted an application for a Special Use Permit.

February 28, 2000 The Town Council approved expedited review for Fraternity and Sorority House Special Use Permit applications that involve the installation of sprinkler systems.

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 .33 acre site is located at 216 East Rosemary Street, on the south side of East Rosemary Street, between Friendly Lane and Cottage Lane. The site contains a 7,892 square foot, two and one-half story building located on 15,577 square feet of gross land area.

There is one point of vehicular access to the site, from East Rosemary Street. There are a total of 16 parking spaces on the site, and vehicles presently must back onto East Rosemary Street in order to exit the site.

Presently, residents circulate inside the building through the use of two open, vertical stairs that represent a significant fire concern. In addition, the building’s exterior fire stairs exit the building through two upper-story bedroom windows.

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:

Intensity Standard:	Required:	Existing:	Proposed:

Floor Area	Maximum of 4,112 s.f.	7,982 s.f.**	8,971 s.f.**
Outdoor Space	Minimum of 11,527 s.f.	11,434 s.f.**	10,962 s.f.**
Livability Space	Minimum of 6,231 s.f.	Not available	7,774 s.f.
Parking Spaces	Minimum of 20 spaces	16 spaces	13 spaces
Building Height	Maximum of 60 feet	Not available	40 feet

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

Since the existing floor area and outdoor space are existing nonconforming features, the applicant is requesting that the Town Council modify these intensity standards for this particular development application to allow these nonconforming conditions (with the proposed expansion and renovations) to continue.

In addition, the site does not meet all Ordinance requirements for minimum building setbacks. These requirements are summarized as follows:

Minimum Setback:	Required:	Existing*:	Proposed#:

Street (North)	24 feet	18 feet**	14 feet** (reflects new porch)
Western Interior	8 feet	9 feet	2 feet ** (includes new fire escape stairs)
Eastern Interior	8 feet	41 feet	41 feet
Southern Interior	8 feet	10 feet	10 feet

* Based on measurements taken from existing site plan dated April 3, 2000.

# Based on measurements taken from proposed site plan dated April 3, 2000.

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

The front street setback is an existing nonconforming feature. The applicant’s proposal to intrude an additional 4 feet into the setback is intended to provide a more architecturally integrated structure that better reflects the character of the Historic District as a whole. Regarding the applicant’s proposal to intrude into the western interior setback, new fire escape stairs are proposed on this elevation in accordance with the goal of providing better emergency egress from the structure in the event of a fire. Accordingly, the applicant is requesting that the Town Council modify the front street setback and the western interior setback standards for this particular development application to allow these nonconforming conditions.

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

	Location of Bufferyard	Type of Buffer Required

	Northern Border, along E. Rosemary Street	Minimum of 15’ Type ‘A’ Buffer
	Western Lot Line	Minimum of 10’ Type ‘B’ Buffer
	Southern Lot Line	Minimum of 10’ Type ‘B’ Buffer
	Eastern Lot Line	Minimum of 10’ Type ‘B’ Buffer

Presently, all four of the applicant’s existing landscape bufferyards are nonconforming in terms of width and/or plant material. Since all four landscape bufferyards are an existing nonconforming feature, the applicant is requesting that the Town Council modify the landscape bufferyard requirements for this particular development application to allow this nonconforming condition (with the proposed expansion and renovations) to continue.

Because this site is surrounded by other fraternity, sorority and University-related uses, we believe that the requested modification of the landscape buffer regulations for all four of the landscape bufferyards on the site is acceptable.

We also note that 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.

Parking Lot Shading: The current parking lot shading is an existing nonconforming feature. The Development Ordinance requires that vegetation be provided within and adjacent to ground-level parking areas, which will be sufficient to achieve shading of at least 35% of the parking area surface on noon on August 21^st, when the vegetation matures. The applicant is proposing to achieve shading for 34.2% of the parking area. Accordingly, the applicant is requesting that the Council modify the parking lot shading requirement for this particular development application to allow this nonconforming condition to continue.

Access and Circulation: There is one point of ingress/egress for this site, from East Rosemary Street. Presently, the design of the parking lot requires that vehicles must back onto East Rosemary Street in order to exit the site. The applicant is proposing to incorporate a back-in bay into the parking lot design, in order to provide the opportunity for vehicles to drive forward when exiting the site.

The applicant is also proposing to install additional sidewalk adjacent to the street, between the driveway entrance to the site and the eastern property line.

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. Presently, there are a total of 16 parking spaces on the site.

As part of the proposed site improvements, the applicant is proposing to restripe the parking lot, reducing the number of parking spaces from 16 to 13 spaces. This reduction in parking spaces will incorporate a back-in bay that will provide the opportunity for vehicles to drive forward when exiting the site (presently vehicles must back onto East Rosemary Street in order to exit the site).

Since the number of parking spaces on the site is an existing nonconforming feature, the applicant is requesting that the Town Council modify the parking space requirement for this particular development application to allow this nonconforming condition (with the proposed reduction) to continue.

We believe that it is appropriate and acceptable for this site, which is close to the University and the downtown area, to have less than one parking space per resident. In particular, we note that as part of the proposed site improvements, the applicant is proposing to add a bicycle rack for six (6) bicycles on the site.

We also believe that parking space #13 (parallel parking space next to the building) should be removed. We believe that the proposed 18-inch landscaping strip between this parking space and the building is too small to serve a functional purpose. Alternatively, we note that the Development Ordinance requires a five (5) foot planting strip between parking lots and buildings (as previously noted, this is another area where the applicant is requesting a modification of the regulations). We believe that it would be preferable to remove parking space #13, and replace it with landscaping. Accordingly, we have included a stipulation in Resolution A that limits parking to 12 spaces.

We note that Resolution B, includes the Planning Board’s recommendation, and would approve the applicant’s proposal to provide 13 parking spaces.

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. 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.

Refuse Management: The TEP Fraternity presently shares a refuse dumpster and a cardboard dumpster with the neighboring Lambda Chi Alpha Fraternity. These jointly shared dumpsters are located on Univeristy property, immediately south of the Tau Epsilon Phi property line. The applicant is proposing to continue providing refuse service for the TEP Fraternity House with this existing agreement. We believe that this arrangement is acceptable.

Recycling: The TEP Fraternity presently shares recycling facilities with the neighboring Kappa Delta Sorority. The recycling bins are located on the TEP Fraternity property, near the western property line, which separates the Kappa Delta property from the TEP property. The access route to the bins is from East Rosemary Street, through the neighboring Kappa Delta parking lot.

We believe that this arrangement is acceptable. However, we recommend that this arrangement be documented with a shared-container agreement and a joint access agreement, to be recorded at the Orange County Register of Deeds Office, prior to the issuance of a Zoning Compliance Permit.

In addition, we also recommend that the final plans indicate that all drive aisles necessary for access to the recycling containers be constructed with heavy-duty pavement or that the joint access agreement include a waiver stating that the County will not be responsible for any damage to existing pavement as a result of service to these containers.

We have included these stipulations in Resolution A. We have also included the standard stipulation 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.

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.

The existing overhead utility lines that provide electricity to the building, are an existing nonconforming feature. These utility lines run above the center of the parking lot from the street to the rear property line, then continue along the rear property line a short distance, and then proceed underground to the building.

The applicant has indicated that placement of these overhead lines underground along the rear boundary of the site would damage the roots of the existing buffer trees in the southeast corner of the site. Since the overhead utility line is an existing nonconforming feature, the applicant is requesting that the Town Council modify the utility line requirements of the Development Ordinance for this particular development application to allow this nonconforming condition to continue.

Fire Safety: We have included the following stipulations with regard to fire safety:

That a fire sprinkler system be provided in the building, as required by the Town Code of Ordinances.
That a Fire Department connection be located on the Rosemary Street side of the building.
That the Town Fire Marshal approve the Fire Department sprinkler system connections prior to the issuance of a Building Permit, and that a Fire Department connection be located on the Rosemary Street side of the building.

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.

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

Resolution C would deny the application.

ATTACHMENT B

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

TAU EPSILON PHI FRATERNITY HOUSE	STAFF EVALUATION
	EXISTING	PROPOSED
	Compliance	Compliance (with modification of the regulations)	Compliance (if modification of regulations denied)
Use Permitted	Ö	Ö	Ö
Min. Gross Land Area	Ö	Ö	Ö
Min. Lot Width	Ö	Ö	Ö
Max. Floor Area	No	Ö	No
Min. Outdoor Space	No	Ö	No
Min. Livability Space	Ö	Ö	Ö
Min. Recreation Space	N/A	N/A	N/A
Impervious Surface Limits	N/A	N/A	N/A
Min. # Parking Spaces	No	Ö	No
Min. # Loading Spaces	N/A	N/A	N/A
Max. # Dwelling Units	N/A	N/A	N/A
Min. Front Street Setback	No	Ö	No
Min. Interior Setback	Ö	Ö	No
Min. Solar Setback	Ö	Ö	Ö
Max. Height Limit	Ö	Ö	Ö
Min. Landscape Buffers	No	Ö	No
5-Foot Planting Strip Requirement	No	Ö	No
Parking Lot Shading Requirement	No	Ö	No
Public Water and Sewer	Ö	Ö	Ö
Underground Utility Lines	No	Ö	No

N/A = Not Applicable Prepared: May 10, 2000

ATTACHMENT C

RESOLUTION A

(Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TAU EPSILON PHI (TEP) 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 GGA Architects on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 6, and PIN # 9788-48-6120, if developed according to the site plan dated April 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 Town Council of Chapel Hill 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 total of 8,971 square feet of floor area on the site (a Floor Area Ratio of .576).

2. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a total of 10,962 square feet of outdoor space on the site (an Outdoor Space Ratio of .70).

3. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Front Street Setback of 14 feet.

4. Modification of Subsection 13.1.11 Use Group B, of the Development Ordinance to allow a Western Interior Setback of 2 feet.

5. Modification of Subsection 14.12 to allow the existing alternative buffers on all four edges of the site, in lieu of the required landscape bufferyards.

6. 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).

7. Modification of Subsection 14.6.6 (d) to allow 1,448 (34.2%) of the parking areas on the site to be shaded with vegetation.

8. Modification of Subsection 14.6.7 to allow a total of 12 parking spaces on the site.

9. Modification of Subsection 14.10 to allow an existing overhead utility line on the site to remain aboveground.

Said public purposes being the (1) provision of a renovated development that complies with the Town’s fire safety codes (including the addition of a sprinkler system, improvements to exterior fire stairwells, and better internal circulation and access to 2^nd and 3^rd floor exterior stairwells), (2) the provision of safer ingress and egress to the site, (3) the improvement to an aging structure that provides needed student housing close to campus, and (4) the provision of an architecturally integrated structure that better reflects the character of the Franklin/Rosemary Historic District as a whole.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for the Tau Epsilon Phi (TEP) 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 989 square foot addition to the existing Tau Epsilon Phi (TEP) Fraternity House, including interior and exterior renovations; a maximum of 20 on-site residents; the reduction from 16 to 12 parking spaces; and the installation of a back-in bay that will provide the opportunity for vehicles to drive forward when exiting the site.

3. Parking: That only 12 parking spaces shall be permitted on this site. Parking space C13 as denoted on the plans dated April 3, 2000, shall be removed and replaced with appropriate landscaping.

Stipulations Related to Landscape Elements

4. 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.

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

Stipulations Related to Utilities

6. 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

7. 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.

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

9. Sprinkler System Connections: That a Fire Department sprinkler system connection shall be provided on the East Rosemary Street side of the building, and approved by the Town Manager, prior to the issuance of a Building Permit.

Stipulations Related to Refuse and Recycling Collection

10. 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.

11. Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint access agreement be provided between this site and the adjacent Kappa Delta Sorority site, and shall be approved by the Town and recorded at the Orange County Register of Deeds Office; and, that copies of these agreements be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.

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

Miscellaneous Stipulations

13. 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.

14. 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.

15. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, 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.

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

17. 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.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for the Tau Epsilon Phi Fraternity House.

This the _________ day of _______________, 2000.

ATTACHMENT D

RESOLUTION B

(Planning Board Recommendation)