AGENDA #3
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Lambda Chi Alpha Fraternity House – Application for Special Use Permit Modification
DATE: May 14, 2001
INTRODUCTION
An application seeking approval of a Special Use Permit Modification has been filed by Michael Hining Architects, on behalf of the Gamma Nu Foundation of the Lambda Chi Alpha, Inc. The application is for the Lambda Chi Alpha Fraternity, which is located at 229 East Franklin Street, on the north side of East Franklin Street, between Pickard Lane and Robertson Lane, across from the Morehead Planetarium.
The applicant is requesting approval of a Special Use Permit Modification. The Special Use Permit Modification would authorize the use of a 956 square foot addition, and interior and exterior renovations for the Lambda Chi Alpha Fraternity House including the addition of a fire sprinkler system for both the main house and the cottage. The application is following an expedited review process as authorized by the Town Council.
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.
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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 Modification 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 Modification 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 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.
One of the findings that the Council must make when considering a Special Use Permit Modification 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 Modification 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 C provides a format for determining the definition of contiguous property for this application.
The site is described as including approximately .46 acres located at 229 East Franklin Street, on the north side of East Franklin Street, between Pickard Lane and Robertson Lane, across from the Morehead Planetarium. The Pi Beta Phi Sorority and the Tau Epsilon Phi Fraternity are located immediately north of the site, while a University building is located immediately west of the site with an access easement between the two. East Franklin Street is located south 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 fraternity site currently contains a 4,433 square foot, two and one-half story building and a two-story cottage with 1,638 square feet located on 22,292 square feet of gross land area.
There are two points of vehicular access to the site, one from Pickard Lane and one from an access easement off of East Franklin Street. This ingress is a shared access easement with the University’s International Studies Building at 223 East Franklin Street. There are a total of 23 parking spaces on the fraternity site.
Presently, occupants have bedrooms on the top two floors of the main building and the second floor of the cottage. Five (5) residents have bedrooms on the third floor of the main house. This floor does not have the height to meet North Carolina Building Code for the installation of fire sprinklers. The building’s fire escape stairs exit the building onto the front porch from the west side of the house onto the concrete patio and as part of the front building façade in the Franklin/Rosemary Historic District. The fire escape stairs from the main building do not currently meet safety code nor do the fire escape stairs from the cottage.
The topography of the site is relatively flat, with a generalized 3% slope to the east. There are no streams or ponds on or adjacent to the site. The site is not located in the Town’s Watershed Protection District. The site is located in the Town’s Franklin/Rosemary Historic District.
Development Description: Both the main house and the cottage are proposed to receive interior renovations. In addition, the applicant is proposing to construct 956 square feet of additional floor area on the site. The additional floor area is being proposed in the main house. At the cottage, attic space under the eaves is to be abandoned. The net square footage for the cottage is therefore reduced from 1,638 square feet to 1,485 square feet. On the first floor of the main house, a kitchen, laundry room, handicapped accessible toilet, and additional 2-toilet bathroom are proposed to be constructed. The second story addition is proposed to add space for additional sleeping quarters and a 2-toilet bathroom. The third story will be used only as storage space and not for habitation. The stairs to the third level will be removed. Renovations include the addition of a fire sprinkler system to the cottage and the main building structure. The fire escape stairs are proposed to be relocated to the rear of the main house and at the cottage relocated from the south side facing East Franklin Street to the rear of the house. All fire escape stairs are proposed to meet building and fire codes. With this proposal, access to the stairs from the inside of the buildings will also meet building codes. The proposed main floor addition represents a 330 square foot increase and the second floor addition, a 626 square foot increase. The elimination of 1,070 square feet on the third floor brings the new proposed floor area for the site to 5,804 square feet.
There are several parking-related improvements that the applicant is proposing for the site. In particular, the applicant is proposing to pave all parking facilities and to stripe the 23 spaces and install wheel stops. There are no changes proposed to the parking numbers. The gravel parking lot accessed from Pickard Lane is proposed to be paved; of the three (3) spaces, one is to be designated for handicapped access. The basketball backstop is relocated, with this application, to the back parking lot. The concrete patio on the west side of the fraternity currently acts as the basketball area. This area will be paved and provide parking for twelve cars. Access is proposed to be from the access easement on the university property adjacent to the west. Behind this parking area the current parking area is to be repaved and redesigned to accommodate eight (8) vehicles, with continued access off the access easement from East Franklin Street.
The applicant is also proposing to install additional sidewalks between the west side of the house and the new parking lot and from the access easement across the entire rear of the house to the parking lot at Pickard Lane. This will allow handicapped accessibility to the new ramp from the handicapped parking space. In addition, this change is intended to facilitate movement between the Tau Epsilon Phi fraternity, northwest of the site, and Lambda Chi Alpha Fraternity for the use of the shared dumpster.
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, buffers and landscaping, parking lot shading, access and circulation, parking, traffic impact, building elevations, stormwater management, refuse management, utilities, fire safety, and erosion control A checklist describing compliance with regulations is also provided as an attachment to this memorandum.
Based on our evaluation, our preliminary recommendation is that the application as submitted, except for the requested modifications to the regulations, complies with the regulations and standards of the Development Ordinance and Design Manual with the conditions in Resolution A. We believe the proposal fulfills the purposes of the Comprehensive Plan. The following modifications are requested:
Ø Modification of the requirement for minimum landscape bufferyards;
Ø Modification of the requirement for a 5-foot planting strip next to the western parking area; and
Ø Modification of the requirement for parking lot screening at the rear of the property.
The applicant has asked for modification of regulations in these three areas 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 some or all of the requested regulations if it determines that public purposes are satisfied.
Tonight the Council receives our attached evaluation, and also receives information 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 Modification. The four findings are:
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Special Use Permit Modification – 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.
We note that the applicant is requesting from the Council modifications to the regulations. 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 Modification applications, or in approving a new Special Use Permit Modification for existing development that requires a Special Use Permit Modification.”
The existing Fraternity was built in 1917, 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. The requested modification to the regulations for these nonconforming features is further discussed as follows:
(1) Required Parking Screening: The existing fraternity house has nonconforming parking screening on the northern lot line that borders Tau Epsilon Phi fraternity and Pi Beta Phi Sorority. Screening is adequate on all other property lines, i.e. between the parking areas and the public roads and the access easement. The Development Ordinance requires that ground level parking areas are to be screened from adjacent properties zoned Residential by means of an effective screening device at least 6 feet in height.
Staff Comment: We believe that the Council could find that public purposes are satisfied in this situation. We note that this parking lot is adjacent to a fraternity parking lot and a sorority parking lot. Both the Tau Epsilon Phi Fraternity and the Pi Beta Phi Sorority have parking areas located behind their houses. All three properties have parking areas that are adjacent to each other, behind their houses.
We also note the Tau Epsilon Phi Fraternity is proposed to share the new dumpster and cardboard recycling facilities proposed to be located on the Lambda Chi Alpha property. The Tau Epsilon Phi occupants will need to have easy access to and from the fraternity house and the dumpster/recycling locations on the Lambda Chi Alpha property.
We believe the Council could make the public purpose finding necessary to grant the requested modification because there is a large tree on adjacent property that could potentially be harmed with the installation of a landscaped parking screen at this location.We believe that tree damage to the existing large tree during installation of a vegetative screen could be a problem.
Our preliminary recommendation is that because of the location of the Lambda Chi Alpha parking area adjacent to similar parking areas and because of potential root damage to a large existing tree with installation of a landscape screen, parking lot screening should not be required at that particular location.
(2) Required Landscape Bufferyards: The existing fraternity house has nonconforming 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 southern border of the site, along East Franklin Street and the eastern border on Pickard Lane. The Ordinance requires a minimum of a 10-foot Type ‘B’ buffer for the northern border adjacent to the Pi Beta Phi sorority and the Tau Epsilon Phi fraternity as well as the western border along the access easement. Since all four landscape bufferyards are existing nonconforming features, the applicant is requesting that the Council approve all four existing buffers as permissible for this sit
Staff Comment: We believe that the Council could find that public purposes are satisfied given that this property is surrounded by a sorority, a fraternity and a University building, and that the existing buffers are adequate and acceptable for this site, given the nature of neighboring uses. We also believe that the improvements to the parking lots will enhance the safety of the parking areas.
(3) Required Landscape Strip: The new sidewalk on the west side of the house is adjacent to the exterior wall of the house and the new parking area. The Town’s Development Ordinance (Subsection 14.6.6(a)) requires that a five (5) foot landscaped buffer strip be provided between parking facilities and the exterior walls of a building.
Staff Comment: We believe it would be difficult to incorporate the planting screen between the access easement and the parking lot as well as a five (5) foot planting strip between the sidewalk and the parking lot, while designing the parking lot to Town standards. We note that the applicant has designed a landscaped area for the purposes of screening cars between the access easement and the parking lot. We believe that given the limited space, the perimeter parking screening is preferred. Perimeter parking screening separates the fraternity parking area from the pavement of the access easement on the University property. This improvement clearly separates the Lambda Chi Alpha property from the University’s access easement.
The applicant proposes to add a new sidewalk along the western side of the house to enable pedestrians to move to the front of the house via the side porch stairs, or to access the back entrance or the rear sidewalk. Pedestrian flow is enhanced with the additional sidewalk. Given the space constraints on this existing site, and the applicants proposal to make improvements, we believe that the Council could find that it is appropriate to not require a five (5) foot landscaped strip between the wall of the building and the sidewalk in order to provide for pedestrian movement.
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), 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 or required compliance with the particular regulation.
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 this condition, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:
¨ That three of the landscape requirements be modified for this application: that the bufferyards for all four borders continue as existing features; that the parking screening for the north property line be given relief from the ordinance requirements in order that the residents from Tau Epsilon Phi have easy access to the dumpster/recycling locations on the Lambda Chi Alpha property for the shared dumpster; and the five foot planting strip not be required as a parking lot improvement in order to provide the improvements and a perimeter landscape screen.
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:
1. Applicant accepts and records a Special Use Permit Modification 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 access 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.
Planning Board Recommendation: The Planning Board reviewed this application on May 1, 2001 and voted 7-0 to recommend that the Council approve Resolution A. Please see the attached Summary of Planning Board Action.
Transportation Board Recommendation: The Transportation Board reviewed this application on May 1, 2001 and voted 7-0 to recommend that the Council approve Resolution A with the following change to stipulation #15, that the word “Additional” be deleted as well as the word “new” in describing the requirement for a fire hydrant. The Summary of Transportation Board Action is attached.
Historic District Commission Recommendation: The Historic District Commission reviewed this application on April 12, 2001, and voted 7-0 to recommend that the Council grant the requested Special Use Permit Modification with the following condition - the applicant install a landscape buffer along its northern property line between it and the Tau Epsilon Phi Fraternity House with pedestrian access between the two sites. The Summary of Historic District Commission Action is attached.
Staff Comment: We note that there is a large tree on adjacent property with roots that could be damaged by the installation of a landscape screen. We recommend that if the Council decides that a screen is needed, that a fence rather than plants be used.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board will review this application on May 8, 2001. 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, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance, except in the areas of require landscape bufferyards, required landscape strips between parking facilities and the external walls of a building, and required parking lot screening. 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.
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 Modification, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would approve the application with a condition requiring installation of a landscape buffer along the northern property line between the site and the Tau Epsilon Phi Fraternity House, as recommended by the Historic District Commission.
Resolution C would deny the application.
Resolution D would determine the definition of contiguous property for this application.
1. Planning Staff Report (p. 11)
2. Checklist of Project Fact Sheet Requirements (p. 18)
3. Resolution A – Approving the Application (p. 19)
4. Resolution B –Approve the Application with Additional Condition (p. 23)
5. Resolution C – Denying the Application (p. 25)
6. Resolution D - Defining Contiguous Property for this Application (p. 26)
7. Summary of Planning Board Action (p. 27)
8. Summary of Transportation Board (p. 28)
9. Summary of Historic District Commission (p.29)
10. Applicant’s Revised Statement of Justification (p. 30)
11. Project Fact Sheet (p. 33)
12. Summary Map (p. 35)
13. Reduced Plans (p. 36)
ATTACHMENT 1
Planning Staff Report
SUBJECT: Public Hearing: Lambda Chi Alpha Fraternity House –
Application for a Special Use Permit Modification (File No. 80.E.8;
PIN# 9788-48-7081)
DATE: May 14, 2001
INTRODUCTION
We have received and reviewed an application for a Special Use Permit Modification from the Gamma Nu Foundation (alumni association) of Lambda Chi Alpha Fraternity. The fraternity house is located on the north side of East Franklin Street, between Pickard Lane and Robertson 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 8.
The Special Use Permit Modification application requests approval of an addition of 956 square feet to the main house. The main level is proposed to have an addition of 330 square feet and the second level includes an additional 626 square feet. The applicant indicates that interior and exterior renovations of the Lambda Chi Alpha Fraternity House and cottage are proposed in order to comply with the Town Sprinkler Ordinance as well as State and local building and life safety codes. Exterior renovations are proposed for the parking lot, refuse and recycling area, sidewalk layout, utility layout, and landscaping. The additional landscaping is intended to provide parking lot shade and screening.
BACKGROUND
1870 Walter and Elizabeth Pickard bought a cottage from Julian S. Carr, estimated construction in the early 1800s.
1917 Blanche Pickard (daughter of Walter and Elizabeth) built the main house.
1920s The Pickard House, the original cottage, was occupied by Dr. John S. Hooker as a doctor’s office. The building was used as a doctor’s office up until the 1950s.
1940s Blanche Pickard Patterson built the existing cottage (behind the main house) to use for her retirement, in the late 1940s.
1962 Gamma Nu Foundation of Lambda Chi Alpha purchased the property from the Patterson’s with the main house and the cottage and the Pickard House. A Special Use Permit was issued to the Fraternity.
Feb. 12, 1990 Town Council approved a Special Use Modification Permit for renovations and additions to the main fraternity house. The work authorized was never started.
June 1995 The Pickard House had fallen into disrepair and it was determined to be a health risk. The building was demolished.
February 28, 2000 The Town Council approved expedited review for Fraternity and Sorority House Special Use Permit applications, which involve the installation of sprinkler systems.
January 19, 2001 Applicant submitted an application for a Special Use Modification Permit.
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 .46 acre site is located at 229 East Franklin Street, on the north side of East Franklin Street, between Pickard Lane and Robertson Lane across from the Morehead Planetarium. The site contains a 4,433 square foot, two and one-half story building and a two-story cottage with 1,638 square feet located on 22,292 square feet of gross land area.
There are two points of vehicular access to the site, one from Pickard Lane and one from an access easement off of East Franklin Street. This ingress is a shared access easement with The University of North Carolina at Chapel Hill International Studies Building at 223 East Franklin Street. There are a total of 23 parking spaces on the fraternity site.
Presently, occupants have bedrooms on the top two floors of the main building and the second floor of the cottage. Five (5) residents have bedrooms on the third floor of the main house. This floor does not have the height to meet North Carolina Building Code for the installation of fire sprinklers. The building’s fire escape stairs exit the building onto the front porch from the west side of the house onto the concrete patio and as part of the front building façade in the Franklin/Rosemary Historic District. The fire escape stairs from the main building do not currently meet safety code nor do the fire escape stairs from the cottage.
The topography of the site is relatively flat, with a generalized 3% slope to the east. There are no streams or ponds on or adjacent to the site. The site is not located in the Town’s Watershed Protection District. The site is located in the Town’s Franklin/Rosemary Historic District.
Development Description: Both the main house and the cottage will receive interior renovations. In addition, the applicant is proposing to construct 956 square feet of additional floor area on the site. The additional floor area is being proposed in the main house only. At the cottage, attic space under the eaves is to be abandoned. The new proposed square footage for the cottage is therefore reduced from 1,638 square feet to 1,485 square feet. On the first floor of the main house, a kitchen, laundry room, handicapped accessible toilet, and additional 2-toilet bathroom are proposed to be constructed. The second story addition is proposed to add space for additional sleeping quarters and a 2-toilet bathroom. The third story will be used only as attic space and not for habitation. The stairs to the third level will be removed. Renovations include the addition of a fire sprinkler system to the cottage and the main building structure. The fire escape stairs are proposed to be relocated to the rear of the main house and at the cottage relocated from the south side facing East Franklin Street to the rear of the house. All fire escape stairs are proposed to meet building and fire codes. With this proposal, access to the stairs from the inside of the buildings will also meet building codes. The new floor area for the site is proposed to be 5,804 square feet.
There are several parking-related improvements that the applicant is proposing for the site. In particular, the applicant is proposing to pave all parking facilities and to stripe the 23 spaces and install wheel stops. There are no changes proposed to the parking numbers. The gravel parking lot accessed from Pickard Lane is proposed to be paved; of the three (3) spaces, one is to be handicapped. The basketball backstop is relocated, with this application, to the back parking lot. The concrete patio on the west side of the fraternity currently acts as the basketball area. This area will be paved and provide parking for twelve cars. Access is proposed to be from the access easement on the university property adjacent to the west. Behind this parking area the current parking area is to be repaved and redesigned to accommodate eight (8) vehicles, with continued access off the access easement from East Franklin Street.
The applicant is also proposing to install additional sidewalks between the west side of the house and the new parking lot and from the access easement across the entire rear of the house to the parking lot at Pickard Lane. This will allow handicapped accessibility to the new ramp from the handicapped parking space. In addition, this change is intended to facilitate movement between the Tau Epsilon Phi fraternity and Lambda Chi Alpha fraternity for the use of the shared dumpster.
Intensity Standards: The existing use on the site meets all intensity requirements for floor area, open space, and livability space for a Use Group B in the Residential-6 zoning district.
Setbacks are met with this proposal as are parking requirements and building height.
Buffers and Landscaping: The Town’s Development Ordinance requires the following landscape buffers:
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Location of Bufferyard |
Type of Buffer Required |
|
Northern Border, along Pi Beta Phi Sorority |
Minimum of 10’ Type ‘B’ Buffer* |
|
Western Lot Line, along the access easement |
Minimum of 10’ Type ‘B’ Buffer* |
|
Southern Lot Line, fronting on E. Franklin St. |
Minimum of 15’ Type ‘A’ Buffer* |
|
Eastern Lot Line, fronting on Pickard Lane |
Minimum of 15’ Type ‘A’ Buffer* |
* Existing nonconforming feature that does not meet requirements of Town’s Design Standards
Presently, the southern lot line meets bufferyard standards for width but not for plant material. The three other buffers are existing nonconforming features for both the width and plant material.
The north buffer width varies between 3 feet and 11 feet. On the east end of the north property line a wooden fence has been erected where the buffer distance is only 3 feet.
On the west property line, the existing parking lot borders the access easement and no bufferyard exists at all.
We recommend modification of the landscape buffer regulations for all four of the landscape bufferyards on the site, to allow the existing conditions to remain.
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. We note that the sidewalk is laid out between the fraternity building and the parking area. A continuous paved area up to the fraternity house exists. We recommend that the applicant request that the Town Council modify the planting strip requirement for this particular development application to allow the nonconforming feature (with the proposed expansion and renovations) to remain.
Parking Lot Shading: The proposed parking lot shading meets the Development Ordinance requirement for 35% shading of the parking area surface on noon on August 21st, when the vegetation matures. The applicant proposes 37% parking lot shading.
Parking Lot Screening: The application proposes to provide parking lot screening between the parking lots and the public roads. The applicant requests relief from the regulation for parking lot screening between adjacent residential (fraternity and sorority house) properties. The Development Ordinance requires that all parking lots be screened from public rights-of-way and adjacent properties zoned residential.
The plans for the northern property line do not indicate any plantings or fencing for screening of the parking lots from the Tau Epsilon Phi fraternity nor the Pi Beta Phi sorority. Along the eastern property line fencing is shown for the recycling area and for the dumpster area which act to effectively screen the parking area from Pickard Lane. A row of hollies is proposed on the southern edge of the western parking lot to block the view from East Franklin Street, which will meet the ordinance requirements. The western property line shows hollies between the access easement and parking areas and will meet the screening requirements. It is from the northern property line that the relief is sought from the regulations of the Town’s screening regulations.
The applicant states that the similar use and continued good relationships between members of the adjacent sororities and fraternities as well as the interior location of the required screening make its inclusion unnecessary.
We believe this is a reasonable request. An adjacent elm cluster (one elm at 24” dbh and one at 36”dbh) on the Tau Epsilon Phi property could be damaged with the installation of a landscape screen at this location. We believe that should a parking screen be required between the parking lots, that a fence rather than a landscape screen would be preferred.
Access and Circulation: There are two existing points of ingress/egress for this site. One point is from East Franklin Street and the other from Pickard Lane. Each ingress/egress serves an independent parking area. We recommend that the Pickard Lane access have a concrete driveway entrance. There is no vehicular connectivity proposed between the parking areas.
Pickard Lane is proposed to be striped for a 12’ fire travel lane on the east side of the road. Parking is proposed to continue on the west side. We also recommend that a 30-inch concrete curb and gutter be installed along the existing edge of pavement on the Pickard Lane frontage. We note that it will be necessary to remove the 17” maple located on the street side of the Pickard Lane right-of-way. We recommend that the exact location and design of the curb and gutter be approved by the Town Manager to minimize the impact of construction on the 23” pecan (labeled oak on the plans) and 25” double maple (labeled double oak on the plans). We note that this double maple is in decline and will need to be replaced. We recommend that two additional canopy trees be installed on the Lambda Chi Alpha property on the southeast corner to replace the 17” maple tree that will be lost as well as the 25” maple that is declining. We have included this stipulation in Resolution A.
We recommend that tree protection fencing be installed along Pickard Lane for the installation of the curb and gutter.
We note that the stone wall that runs along the East Franklin Street property line is shown extending beyond Pickard Lane’s curb and gutter. We recommend that the wall be repaired.
Parking: The applicant is proposing that a total of 23 residents live in the Fraternity House. Based on the number of residents that are proposed, the Development Ordinance requires that a minimum of 23 parking spaces (one space per resident) be provided on the site. This requirement is met. We recommend that the parking spaces be standard sizes spaces.
No bicycle parking accommodations are indicated on the plans. We recommend that 26 spaces be provided (1 space per resident and 10% of the 23 parking spaces) in accordance with the Town’s bicycle parking standards. The standards require that ninety percent (90%) of these spaces may be in individually locked enclosures and 10% in a stationary rack that is covered. This facility must be in a well-lit area or the structure itself must be lit. In this situation, we believe individual enclosures equate to residents’ rooms. The accommodation for bicycles must be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Traffic Impact: We note that the applicant was granted an exemption from the Traffic Impact Statement required with submittal of a Special Use Permit Modification. The number of occupants will remain the same. We do not anticipate an increase in the number of vehicles or traffic related to the 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.
Stormwater Management: We recommend that the existing catch basin in the Franklin Street sidewalk be replaced with a closed manhole cover. Alternatively, if a catch basin is needed in this area, we recommend that it be located adjacent to the sidewalk.
We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Stormwater Management Plan prior to issuance of a Zoning Compliance Permit for this development.
Refuse Management: The Lambda Chi Alpha Fraternity and the Tau Epsilon Phi (TEP) fraternity presently share a refuse dumpster and a cardboard dumpster. These jointly shared dumpsters are located on University property, immediately south of the Tau Epsilon Phi property line. The applicant is proposing a relocation and a redesign for both the recycling and the refuse dumpster. We recommend approval of this change.
We recommend that all new pavement in front of the proposed refuse dumpster be constructed with a heavy-duty pavement section and that this area be designated “no parking.”
We recommend that the applicant consider offering the opportunity for a shared dumpster use of the new refuse facility to adjoining fraternities/sororities that do not currently have on-site front loading dumpster service. Tau Epsilon Phi currently shares the dumpster and cardboard recycling containers. The applicant expects this arrangement to continue. We further recommend that these arrangements 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.
The new location for the refuse facility will be off Pickard Lane. We recommend that an on-site front loading dumpster pad be constructed and angled for ease of access from Pickard Lane. The recycling area will be accessed off Pickard Lane as well. We believe that this arrangement is preferable to the existing condition for roll-carts currently next to the house on the west side.
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 as well as the overhead cable line. These utility lines run above the parking lots to the buildings from the access easement and Pickard Lane. We recommend that all the overhead utility lines be placed underground.
Fire Safety: We have included the following stipulations with regard to fire safety:
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.
Erosion Control: We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, if necessary, and be submitted to the Town Manager prior to 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.
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.
CONCLUSION
Based on information available at this stage of the application review process, and except for the particular request for a modification to the regulations, we believe that the proposal, with the conditions in Resolutions A and 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 modification to the regulations, with conditions.
Resolution C would deny the application.
Resolution D would determine the definition of contiguous property for this application.
ATTACHMENT 2
Project Fact Sheet Requirements
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LAMBDA CHI ALPHA FRATERNITY HOUSE |
STAFF EVALUATION |
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Compliance |
Non-Compliance |
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Use Permitted |
Ö |
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Min. Gross Land Area |
Ö |
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Min. Lot Width |
Ö |
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Max. Floor Area |
Ö |
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Min. Outdoor Space |
Ö |
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Min. Livability Space |
Ö |
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Min. Recreation Space |
N/A |
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Impervious Surface Limits |
N/A |
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Min. # Parking Spaces |
Ö |
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Min. # Loading Spaces |
N/A |
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Max. # Dwelling Units |
N/A |
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Min. Street Setback |
Ö |
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Min. Interior Setback |
Ö |
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Min. Solar Setback |
Ö |
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Max. Height Limit |
Ö |
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Min. Landscape Buffers |
Ö (with modification of the regulations) |
Ö (if no modification of regulations granted) |
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5-Foot Planting Strip Requirement |
Ö (with modification of the regulations) |
Ö (if no modification of regulations granted) |
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Parking Lot Screening |
Ö (with modification of regulations for the northern property line) |
Ö (if no modification of regulations granted) |
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Parking Lot Shading Requirement |
Ö |
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Public Water and Sewer |
Ö |
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Underground Utility Lines |
Ö |
|
N/A = Not Applicable Prepared: April 26, 2001
ATTACHMENT 3
(Manager’s Preliminary Recommendation and Planning Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR LAMBDA CHI ALPHA FRATERNITY HOUSE
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Michael Hining Architects on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 8, and PIN # 9788-48-7081, if developed according to the site plan dated January 16, 2001 (Revisions January 31, 2001 and March 23, 2001), 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 14.12 to allow the existing alternative buffers on all four edges of the site, in lieu of the required landscape bufferyards.
2. Modification of Subsection 14.6.6 (a) to allow the new sidewalk to be adjacent to the exterior wall of the house (rather than providing a five-foot landscaped strip).
3. Modification of Subsection 14.6.6 (c) to allow the newly paved parking areas to be granted relief from the 6’-0” screening from adjacent Residential properties requirement.
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), (2) the improvement to an aging structure that provides needed student housing close to campus, and (3) 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 Modification for the Lambda Chi Alpha Fraternity House in accordance with the plans listed above and with the conditions listed below:
1. That construction begin by (2 years from the date of approval)and be completed by (3 years from the date of approval).
2. Land Use Intensity: This Special Use Permit Modification authorizes a 956 square foot addition to the existing Lambda Chi Alpha Fraternity House, including interior and exterior renovations
3. Parking: That 23 parking spaces shall be permitted on this site with standard parking dimensions.
4. Bicycle Parking: That 26 spaces shall be provided on this site. Twenty-three of the bicycle parking spaces may be provided within the residents’ rooms.
5. Pickard Lane Improvements: That a twelve foot fire lane shall be striped on the entirety of the east side of Pickard Lane. Curb and gutter shall be provided along the Pickard Lane frontage 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. We recommend that this plan indicate the size, type, and location of all proposed plantings.
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. This plan shall indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed.
8. Fencing: That tree protection fencing shall be placed around the 23”pecan tree and the 25” double maple tree during construction of the curb and gutter.
9. Replacement Plantings: That two large caliper shade trees shall be installed in the southeast section of the property to replace the 17” maple tree that is to be removed.
10. Stone Wall: That the east end of the existing stone wall that runs the front perimeter along East Franklin Street shall be redesigned as it merges with the construction of the Pickard Lane curb and gutter.
Stipulations Related to Utilities
11. 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.
12. Underground Utilities: That all utilities shall be placed underground.
Stipulations Related to Fire Protection/Fire Safety
13. 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.
14. Sprinkler System: That the building shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager.
15. Sprinkler System Connections: That a Fire Department sprinkler system connection shall be provided on the East Franklin Street side of the building, and approved by the Town Manager, prior to the issuance of a Building Permit.
16. Fire Hydrant: That a fire hydrant be provided within 50 feet of the Fire Department sprinkler system connection, to be located in the southeast corner of the Lambda Chi Alpha site, with the final location to be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
Stipulations Related to Refuse and Recycling Collection
17. 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.
18 Approval of Shared-Container and Joint Access Agreements: That a shared-container and joint access agreement be provided between this site and the adjacent Tau Epsilon Phi site, with the possibility for other organizations to participate. The agreement shall be approved by the Town and recorded at the Orange County Register of Deeds Office; and, that copies of the agreement shall be submitted to the Town of Chapel Hill prior to the issuance of a Zoning Compliance Permit.
19. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a1-year, 24 hour storm, the post-development stormwater run-off rate shall not exceed the pre-development rate.
20. 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.
21. 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.
22. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.
23. Erosion Control: That a soil erosion and sedimentation control plan (including provisions for maintenance of facilities and modification of the plan if necessary), be approved by the Orange County Erosion Control Officer, if necessary, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.
24. That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
25. 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.
26. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
27. 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 Modification for the Lambda Chi Alpha Fraternity House.
This the day of .
ATTACHMENT 4
(Historic District Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE LAMBDA CHI ALPHA FRATERNITY HOUSE
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Michael Hining Architects on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 8, and PIN # 9788-48-7081, if developed according to the site plan dated January 16, 2001, revisions January 31, 2001 and March 233, 2001, 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 14.12 to allow the existing alternative buffers on all four edges of the site, in lieu of the required landscape bufferyards.
2. 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).
3. Modification of Subsection 14.6.6 (c) to allow the northern property line adjacent to the Phi Beta sorority and the Tau Epsilon Phi to have unscreened parking areas.
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), (2) the improvement to an aging structure that provides needed student housing close to campus, and (3) 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 Modification for the Lambda Chi Alpha Fraternity House in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Landscape Buffer: That the requested modification for the parking lot screening between adjacent residential properties be denied for the northern property line between the Tau Epsilon Phi property and the Lambda Chi Alpha property line and that the applicant install a landscape buffer along its north property line with pedestrian access between the two sites through the landscape buffer.
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 _______________, 2001.
ATTACHMENT 5
RESOLUTION C
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE LAMBDA CHI ALPHA FRATERNITY HOUSE
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Michael Hining Architects on property identified as Chapel Hill Township Tax Map 80, Block E, Lot 8, and PIN # 9788-48-7081, if developed according to the site plan dated January 16, 2001, (revisions January 31, 2001 and March 23, 2001) 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 Modification for the Lambda Chi Alpha Fraternity House.
This the _________ day of _______________, 2001.
ATTACHMENT 6
RESOLUTION D
(Defining Contiguous Property)
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE LAMBDA CHI ALPHA FRATERNITY HOUSE (2001-05-14/R-4)
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 Modification for the Lambda Chi Alpha 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 Modification application to be that property described as follows:
All properties within _____ feet of the site.
This the 14th day of May, 2001.