AGENDA#10

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Process for Approving Modifications to Fraternities and Sororities

DATE:             June 12, 2000

On May 15, 2000 the Town Council asked the Town Manager to examine possibilities for expediting the approval process in the case of fraternities and sororities seeking to improve their properties.  This memorandum offers information and ideas. The attached Resolution, if adopted, would call a Public Hearing for September 18 to consider a Development Ordinance Text Amendment.

CURRENT SITUATION

There are currently 33 fraternities and sororities in Chapel Hill housing UNC students.  These are all privately-owned structures (not University-owned).

In 1998, the Town Council adopted an ordinance requiring that all fraternities and sororities within the Chapel Hill Town limits have sprinkler systems installed by summer of 2001.  Many have already complied with this requirement, some are in the process of installing systems, and some are planning for installation.  We understand that, 17 of the 33 facilities have sprinkler systems installed; 13 of the facilities are expected to be in compliance by next summer; and the remaining 3 facilities have not yet informed us of their plans.  For these remaining 3 facilities, the Office of Greek Affairs' web site indicates that these  3 facilities have tentative plans to be in compliance by fall, 2001.

Some of these organizations have chosen to simply install sprinkler systems. Others have decided to make other improvements at the same time as installing sprinklers.

CURRENT REGULATIONS

Fraternities and sororities are classified as Special Uses in the Development Ordinance.  If an older fraternity or sorority were constructed without a Special Use Permit, such a structure would be considered a nonconforming use.  Use could continue, but expansion would not be permitted unless a Special Use Permit was obtained.

If all that is proposed for a fraternity or sorority is installation of a sprinkler system, such installation needs only issuance of a building permit.  This can be obtained within days after submittal of plans.  If additional improvements are made at the same time, and all work is internal, a building permit is all that is required.

If minor exterior improvements are planned, these can be approved administratively under some conditions (if there are no changes to access and circulation, and building expansions are under certain thresholds).  Changes that alter access and circulation, increase floor area by more than 5%, or increase floor area beyond the allowable floor area, cannot be approved administratively.  The Development Ordinance defines these kinds of changes as Modifications of a Special Use Permit, and approval must follow a Council Public Hearing.  If a fraternity or sorority is without a Special Use Permit, no increase in floor area can be approved without first going to the Town Council to request a Special Use Permit.

We note that the Council has granted expedited processing to fraternities/sororities requesting Special Use Permit approval associated with sprinkler construction.

POSSIBILITIES FOR CHANGE

For matters related to Special Use Permits, there is little administrative discretion now allowed by the Development Ordinance.  And because fraternities and sororities are defined as Special Uses by the Development Ordinance, along with the fact that the Development Ordinance requires Public Hearing and Council action for most matters dealing with Special Use Permits, we see little possibility for change to the requirement that many fraternity and sorority improvements have to go before a Council Public Hearing.

We believe that one possibility for change that would further expedite fraternity and sorority applications would be to amend the Development Ordinance.  There are several possible changes to the Development Ordinance that could result in fraternities and sororities not having to go to a Public Hearing to gain approval for improvements:

·        Change the designation of fraternities and sororities from “Special Use” to “Permitted Use” in the Residential-5 and Residential-6 zoning districts.  This would allow minor changes to be approved administratively, and major changes to be approved by the Planning Board.

·        Change the thresholds describing what constitutes a major “modification” of an existing Special Use Permit:  raising the floor area threshold and/or revising the language about changes to access and circulation would allow a wider array of applications to be considered and approved administratively (this adjustment could not be limited only to fraternities and sororities).

·        Change the provisions of the Development Ordinance to allow the Town Manager to approve minor modifications to existing Special Use Permits and also approve modifications to the Development Ordinance regulations for safety improvements.  Presently only the Town Council can modify regulations to allow more floor area on a site than the zoning currently allows in the context of a Special Use Permit or Special Use Permit Modification hearing.  We believe that most fraternities/sororities exceed the permitted floor area given changes that have reduced allowed floor area over the years. This change would help fraternities or sororities that currently have a Special Use Permit.  Of the 16 fraternities/sororities that are not yet in compliance, we do not have easily available the number that currently have a Special Use Permit.  We would need more time to research this figure.  Based on our experience, we believe that approximately half likely have Special Use Permits, and could benefit from this proposal if floor area expansions are proposed. 

RECOMMENDATION

We believe the only way to further expedite applications for major improvements and/or changes to fraternities and sororities would be to amend the Development Ordinance.  We offer three ideas that would accomplish this objective.  We do not believe it would be possible to amend the Development Ordinance before summer.  However, if the Council wished to pursue one of these amendments, a Public Hearing could be called for September, with action possible in late September or early October.  Of the three changes, we believe the third is most tailored to the specifics of this situation and recommend that the Council call a Public Hearing to consider that change.

ATTACHMENTS

List of Fraternities/Sororities – Fire Protection Compliance (p. 5)

A RESOLUTION CALLING A PUBLIC HEARING TO CONSIDER CHANGING THE DEVELOPMENT ORDINANCE FOR FRATERNITIES/SORORITIES AND SAFETY RELATED IMPROVEMENTS(2000-06-12/R-16.1)

WHEREAS, the Chapel Hill Town Council has asked the Town Manager to examine possibilities for expediting the approval process for fraternities and sororities seeking to improve their properties; and

WHEREAS, the Town Council has indicated a desire to consider a change to the provisions of the Development Ordinance for Fraternities/Sororities to allow the Town Manager to approve minor modifications to existing Special Use Permits and also approve modifications to the Development Ordinance regulations for safety improvements;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby calls a Public Hearing for Monday, September 18, 2000 to consider the proposed amendment to the Development Ordinance.

This the 12th day of June, 2000.