AGENDA# 2
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 Modification
DATE: October 11, 2000
INTRODUCTION
An application seeking approval of a Special Use Permit Modification 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 Special Use Permit Modification to allow an increase in the number of residents (from 20 residents to 30 residents) on the Tau Epsilon Phi (TEP) Fraternity House site. No additional changes are proposed to the plans that were recently approved by the Town Council on June 12, 2000. We note that the proposed increase in residents affects the number of parking spaces required on the site. The applicant is proposing to maintain a total of 12 parking spaces on the site, and has requested a modification of the regulations to this regard.
The application is following a special expedited review process as directed by the Town Council. In particular, on August 28, 2000, the Council scheduled a Public Hearing on this proposal for October 11, 2000, and indicated its intent to take action on this proposal immediately following the Public Hearing. Consequently, 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.
BACKGROUND
On June 12, 2000, the Town Council approved a Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House. The approved site plan allowed a 989 square foot addition, and interior and exterior renovations of the Fraternity House. The TEP Fraternity is located at 216 East Rosemary Street, 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.
As part of the approved Special Use Permit for this site, the applicant received approval to modify Development Ordinance regulations with regard 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 (12 spaces were approved), and (9) underground utility lines. We note that the approved Special Use Permit also included a stipulation limiting the applicant to a maximum of 20 residents on the site.
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.
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 at the beginning of the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application. Any parties or other witnesses would then have an opportunity tonight to present evidence on this issue based on the Council’s determination. The attached Resolution C provides a format for determining the definition of contiguous property for this application.
We note that the Council previously determined on May 15, 2000, that all properties within 500 feet of this site would be defined as contiguous properties. In accordance with Council policy, we have notified all property owners within 1,000 feet of this site about tonight’s Public Hearing on this Special Use Permit Modification 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.
On June 12, 2000, the Town Council approved a Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House. The approved plans allowed 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 was approved in order to provide improved internal circulation in the event of a fire. Renovations include the addition of a fire sprinkler system to the structure. The existing approval permits a maximum of 20 on-site residents and 12 parking spaces.
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 in the attached Council Memorandum dated May 15, 2000).
Based on our evaluation, we have concluded that the application as submitted complies with the regulations and standards of the Development Ordinance as modified by the Council’s approved Special Use Permit on June 12, 2000, except for requirements related to:
· Minimum number of required parking spaces.
The applicant has asked for modification of regulations in the minimum number of required parking spaces for this site (please see discussion below). The Council has the authority, in the context of this request for a Special Use Permit Modification, 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. |
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 Modification 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 a modification to the regulations regarding:
1. Minimum number of required parking spaces.
This modification for a nonconforming feature is 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, this pre-existing characteristic of the site became a nonconforming feature. The requested modification to the regulations for this nonconforming feature is further discussed as follows:
(1) Minimum Number of Parking Spaces: For a Fraternity House, the Development Ordinance requires a minimum of one parking space per resident. Based on a maximum of 20 on-site residents, the Ordinance required a minimum of 20 parking spaces. On June 12, 2000, the Council approved a Special Use Permit with a modification of the regulations that limited the applicant to 20 on-site residents and 12 parking spaces (the applicant had proposed to provide 13 parking spaces).
As part of this Special Use Permit Modification, the applicant is proposing to allow a maximum of 30 on-site residents. Consequently, the Development Ordinance requires that a minimum of 30 parking spaces (one space per resident) be provided on the site. The applicant is proposing to provide 12 parking spaces, in accordance with the previous Special Use Permit approval.
Staff Comment: We note that this proposed modification application represents a greater modification of regulations than that previously approved by the Council on June 12, 2000. 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.
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.”
If the Council believes it is appropriate to apply Section 18.7.1 in this situation, the Council may find that this modification of the regulations satisfies 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 the proposed modification would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application.
We have attached a resolution that includes all of the conditions of approval that were included in the Resolution approved by the Council on June 12, 2000, with the following exception:
· That a maximum of 30 residents shall be allowed on the site (instead of the previous limit of 20 residents).
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:
The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification 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 are summarized below. Please see the attached summaries of board actions and recommendations.
Planning Board Recommendation: The Planning Board reviewed this application on October 3, 2000 and voted 6-0 to recommend that the Council approve Resolution A. We will provide the Summary of Planning Board Action to the Council as soon as it is available.
Transportation Board Recommendation: The Transportation Board reviewed this application on October 3, 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 reviewed this application on September 18, 2000, and voted 7-0 to recommend that the Council grant the requested Special Use Permit Modification. The Summary of Historic District Commission Action is attached.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on October 10, 2000. We will provide the Summary of Bicycle and Pedestrian Advisory Board Action to the Council, as soon as it is available.
Manager’s 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.
If the Council makes these public purpose findings for modification of the Development Ordinance regulations, and makes the four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would deny the application.
Resolution C would determine the definition of contiguous property for this application.
A. Resolution A – Approving the Application (p. 9).
B. Resolution B – Denying the Application (p. 13).
C. Resolution C – Defining Contiguous Property for this Application (p. 14).
D. Council Public Hearing Memorandum, May 15, 2000 (begin new page 1).
E. Summary of Historic District Commission Action (p. 41).
F. Applicant’s Revised Statement of Justification (p. 42).
RESOLUTION A
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-10-11/R-2a)
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 October 11, 2002 and be completed by October 11, 2003.
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 30 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.
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.
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.
Stipulations Related to Utilities
7. 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
8. 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.
9. Sprinkler System: That the building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.
10. 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
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
18. 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.
19. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
20. 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 11th day of October, 2000.
RESOLUTION B
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-10-11/R-2b)
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 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)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House.
This the 11th day of October, 2000.
RESOLUTION C
(Defining Contiguous Property)
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE TAU EPSILON PHI (TEP) FRATERNITY HOUSE (2000-10-11/R-2c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the Tau Epsilon Phi (TEP) Fraternity House, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:
All properties within _____ feet of the site.
This the 11th day of October, 2000.