AGENDA# 4i
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Response to Petition from Tau Epsilon Phi
DATE: September 11, 2000
On August 28, 2000, the Council received a petition from Mr. Aaron Nelson, representing Tau Epsilon Phi fraternity. The petition sought the Council’s advice on adjusting a condition of a Special Use Permit that had been approved by the Council on June 12, 2000. The petition was referred to the Town Manager for comments, and tonight we offer procedural options that we have identified.
BACKGROUND
On June 12, 2000, the Town Council approved a Special Use Permit for the Tau Epsilon Phi fraternity house. The fraternity sought to accomplish a major renovation that included installing sprinklers, improving the site, and expanding the building. This was a fraternity house which had existed for many years, but for which a Special Use Permit had never been issued.
Because the new Special Use Permit was applied for, and proposed in a manner that would cover existing development, the Council had flexibility to modify regulations of the Development Ordinance for this specific site.
The Council’s adopted resolution, approving the Special Use Permit, is attached. In the resolution the Council makes the 4 findings it is required to make in order to approve the Special Use Permit. The resolution also contains a section wherein the Council finds that a series of 9 modifications to existing Development Ordinance regulations would be acceptable on this site, because the requested modifications would “satisfy public purposes to an equivalent or greater degree.” Finally, the resolution lists 20 conditions of approval, conditions that would need to be met before the facility could be occupied.
DISCUSSION
Condition #2 of the resolution limits occupancy of the fraternity to 20 on-site residents. The condition also authorizes the reduction of parking spaces on the site from the existing 16 to 12. This reduction had been proposed to allow site improvements to be made. The Development Ordinance requires one space per resident for a fraternity. Therefore the fraternity proposed, and the Council accepted, that the parking regulation be modified for this site to allow a total of 12 spaces to be located on the site. (This is called out in modification #8.)
Mr. Nelson asks, on behalf of the fraternity, that the maximum number of on-site residents be changed to 30.
We suggested on June 12 that, because of the location of the fraternity (on the edge of campus, adjacent to downtown), and because of the need to minimize impervious surfaces and improve circulation on the site, the Council could find that public purposes are satisfied to an equivalent (possibly greater) degree by allowing this fraternity to provide just 12 parking spaces on-site for the 20 on-site residents.
We do not believe that the Council can change a condition of a Special Use Permit absent a new application for a modification of the Permit. We note that the Development Ordinance authorizes the Town Manager to authorize minor changes in plans as a development goes from approval to construction. The ordinance specifies the types of proposed changes that the Manager may and may not act on administratively. We note that, when a condition as specific as “limit to 20 on-site residents” is proposed to be changed to read “limit to 30,” we would not authorize that as a minor change without seeking the advice of the Town Council. The Town Council may not direct the Town Manager to approve such a change, but the Council can offer the Manager its opinion regarding whether it believes a given change might be minor or not.
In this case, the situation is complicated by the fact that, in the context of the Special Use Permit Public Hearing for this fraternity’s application, after reviewing all facts and evidence in a quasi-judicial proceeding, the Council made the “public purpose” finding noted above with respect to authorizing 12 parking spaces. We believe that changing the number of residents from 20 to 30 could be considered a significant change in the facts.
Accordingly, we believe that the process involved in making this change would require a re-opening of the public hearing. The fraternity would need to apply for a modification of the approved Special Use Permit to authorize 30 residents.
It appears that, if the fraternity submits this request for a modification of the approved Special Use Permit, the request would focus on this one issue. We note that the project already has Expedited Processing status. We further recommend that the Council consider waiving the application fee, which would be $5,000.
We do not believe that the proposed change from 20 to 30 on-site residents for the TEP fraternity house can be authorized without re-opening the public hearing for the TEP Special Use Permit. If the fraternity wishes to pursue obtaining this authorization, an application for a modification of the approved Special Use Permit would need to be prepared and submitted. We recommend that the Council adopt the attached resolution, which would waive the fee for such an application.
A RESOLUTION WAIVING THE APPLICATION FEE FOR MODIFICATION OF THE TAU EPSILON PHI FRATERNITY HOUSE SPECIAL USE (2000-09-11/R-14)
WHEREAS the Chapel Hill Town Council approved a Special Use Permit for the Tau Epsilon Phi fraternity house on June 12, 2000; and
WHEREAS a condition of the Special Use Permit limited the number of on-site residents to 20; and
WHEREAS in approving the Special Use Permit, the Council found, for this application, that modification of the number of parking spaces to be required (limiting to 12) satisfied public purposes to a degree equivalent to otherwise following the Development Ordinance’s parking requirements; and
WHEREAS the fraternity has now proposed adjusting the occupancy limit to no more than 30 on-site residents;
NOW THEREFORE BE IT RESOLVED that, because an application for such a change in the occupancy limit (from 20 to 30) would not involve extensive staff or board review time, the Council authorizes waiving the application fee for a Special Use Permit Modification application that proposes such a change.
This the 11th day September, 2000.
ATTACHMENT 1
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-06-12/R-14a)
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 2nd and 3rd 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 June 12, 2002 (two years from the date of Council approval) and be completed by June 12, 2003 (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.
4. Bicycle Racks: That the bicycle parking for 6 bicycles be secure, covered and illuminated.
5. Sidewalk: That brick sidewalk be extended to connect with adjoining sidewalk to the east and west in front of the property.
Stipulations Related to Landscape Elements
6. 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.
7. 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
8. 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
9. 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.
10. Sprinkler System: That the building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.
11. 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
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
19. 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.
20. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
21. 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 12th day of June, 2000.