AGENDA #10

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Lambda Chi Alpha Fraternity House – Application for Special Use Permit Modification

DATE: June 11, 2001

INTRODUCTION

Tonight the Council continues the Public Hearing from May 14, 2001, regarding the Special Use Permit Modification application to authorize a 956 square foot addition, and interior and exterior renovations for the Lambda Chi Alpha Fraternity House. Adoption of Resolution A, B, or C would approve a Special Use Permit Modification application with conditions. Adoption of Resolution D would deny the request.

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

¨ Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.

¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the May 14^th Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.

Background

On May 14, 2001, a Public Hearing was held for consideration of a Special Use Permit Modification application to authorize a 956 square foot addition, and interior and exterior renovations for the Lambda Chi Alpha Fraternity House. The Lambda Chi Alpha Fraternity House 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. We note that on May 14, the Council determined that contiguous property would be defined as those properties within 500 feet of this site.

This is an application for a Special Use Permit Modification. 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 regarding its compliance with the standards and regulations of the Development Ordinance; we have presented a report to the Planning Board; and on May 14 we submitted our report and recommendation to the Council.

evaluation of the application

The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit Modification. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification.

If, after consideration of the evidence submitted at the Public Hearing, 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.

Tonight, based on the evidence presently in the record thus far, we provide the following evaluation of this application based around the four findings of facts that the Council must consider for granting a Special Use Permit Modification.

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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in supportof Finding #1 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:

· “The renovations and addition proposed are designed and are to be operated to promote the public health, safety, and general welfare of both the fraternity members and the public. By bringing the house up to applicable codes and improvement the public works aspects of the property, the Lambda Chi Alpha Fraternity House and lot will be cleaner, safer, and a better overall neighbor to the adjacent properties.” [Applicant Statement]

· “The Lambda Chi Alpha Fraternity House is a part of the important bond between the University and the Town of Chapel Hill. In addition, it is an important property in the Historic District. While maintaining its present use as the residence and social gathering home for the members of Lambda Chi Alpha Gamma Nu Chapter, this project will increase the safety and likely the property values of the surrounding properties and the community.” [Applicant Statement]

· “Services and utilities are available at this site.” [Applicant Statement]

· “New design profiles will compliment existing construction for a total uniformity of design.” [Applicant Statement]

· “New addition work is to be done and will be on the rear (north) of the main house, preserving the Historic District’s existing character and scale.” [Applicant Statement]

· “The renovated facility and addition will have fire sprinklers installed.” [Applicant Statement]

· “The renovated facility will have an accessible ramp and accessible toilet facilities.” [Applicant Statement]

Evidence in opposition: No one spoke at the Public Hearing or offered evidence in opposition.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in supportof Finding #2 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:

· “The application for this development has been modified since the previous application to comply with required regulations. We ask relief from three regulations: (1) mimimum landscape buffer requirements, (2) that the parking lot screening between adjacent residential (fraternity and sorority houses) properties be allowed to be omitted and, (3) a five-foot planted strip between the parking area and the main house. We believe that the current use and continued good relationships members of these organizations, as well as the interior locations of these screenings, make their inclusion unnecessary.” [Applicant Statement]

· “This project complies with the Chapel Hill Zoning Ordinance with regard to Use Regulations, Article 4; Intensity Regulations, Article 5; and Design Standards, Article 6.” [Applicant Statement]

· “The principal use of this facility will remain as a Fraternity dwelling, which is a permitted special use in this R6 zone.” [Applicant Statement]

· “Compliance with Article 5, Intensity Regulations, is evidenced through information contained in the Project Fact sheet and on the enclosed site plan and building drawings. Proposed development will be within the allowable density.” [Applicant Statement]

Evidence in opposition: Evidence in opposition of Finding #2 for this application would be the fact that the development proposal does not meet the following Development Ordinance requirements:

1. Required landscape bufferyards.

2. Required parking lot screening of the rear of the property.

3. Required landscape strip between the sidewalk abutting the proposed parking lot and the exterior wall of the main fraternity building.

We note that the applicant is asking for modifications to the regulations for this site. (Please see “Requested Modification of Regulations” section below.)

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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;

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in supportof Finding #3 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:

· “The use will be consistent with past and current operations.” [Applicant Statement]

· “The design of the new addition will draw upon the existing building in scale and in detail, so the total project will present a unified image to the community.” [Applicant Statement]

· “New building construction will be connected to the rear of the existing main house and not approach any setback requirements. This will help to minimize the impact on neighboring properties.” [Applicant Statement]

Evidence in opposition: No one spoke at the Public Hearing or offered evidence in opposition.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in supportof Finding #4 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key point raised by the applicant:

· “The existing Lambda Chi Alpha site is zoned R6 and conforms with the 1986 Land Use Plan as a Fraternity dwelling. It helps maintain the healthy mix of residential, University buildings, cultural and commercial buildings downtown in the Historic District.” [Applicant Statement]

Evidence in opposition: No one spoke at the Public Hearing or offered evidence in opposition.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

REQUESTED MODIFICATIONS OF REGULATIONS

We note that the applicant is requesting from the Council modifications to the regulations regarding:

1. Modification of the requirement for landscape bufferyard;

2. Modification of the requirement for a landscape strip next to the western parking are; and

3. Modification of the requirement for parking lot screening at the rear of the property.

These modifications for nonconforming features are being requested as the existing Fraternity House was built prior to the adoption of the Town’s Development Ordinance. When the Town’s Development Ordinance was adopted in 1981, these pre-existing characteristics of the site became nonconforming features. These requested modifications to the regulations for these nonconforming features are further discussed as follows:

(1) 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 site.

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 proposed improvements to the parking lots will enhance the safety of the parking areas.

(2) 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 wall 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 would help to separate 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 improved pedestrian movement.

(3) 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 possible.

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.

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.”

We believe that in this case the Lambda Chi Alpha Fraternity House application may be considered under the provisions of Subsection 18.7.1 as a Special Use Permit Modification for an existing development that requires a Special Use Permit Modification.

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 deny the modifications.

key issue

No citizens spoke on this application at the Public Hearing on May 14, 2001. We believe the key issue with this application is the request for modification of the three landscape requirements discussed above.

Recommendations

Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.

Planning Board Recommendation: The Planning Board reviewed this application on May 1, 2001 and voted 7-0 to recommend that the Council approve the application with adoption of Resolution A. Please see the attached Summary of Planning Board Action, part of Attachment 8.

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 # 16, 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, part of Attachment 8.

Staff Comment: Resolution A, the Manager’s recommendation, includes these changes.

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 the northern property line between this fraternity and the Tau Epsilon Phi Fraternity House with pedestrian access between the two sites. The Summary of Historic District Commission Action is attached, part of Attachment 8. Resolution B includes a requirement that the northern landscape buffer be provided.

Staff Comment: We note that there is a large tree on adjacent property with roots that could be damaged by the installation of landscaping. 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 reviewed this application on May 22, 2001, and voted 6-0 to recommend that the Council approve the application with the adoption of the following conditions:

1. That options other than new curb and gutter along Pickard Lane be considered in order to preserve the 17” maple and improve drainage.

Staff Comment: Resolution A, the Manager’s recommendation, includes a requirement that curb and gutter be provided along the Fraternity’s Pickard Lane frontage. We believe that the inclusion of curb and gutter on Pickard Lane will help to better control vehicular movement including parking along this property line. In addition, we believe curb and gutter will improve drainage by directing runoff away from the unimproved edges where puddling occurs. However, if the curb and gutter is not required of this proposal, then we recommend that on-street parking be removed on the western side of Pickard Lane and the fire lane be preserved. We believe safety is improved over-all for pedestrians and bicyclists with the accommodation of a fire lane. We have not included this recommendation of the Bicycle and Pedestrian Advisory Board in the Manager’s recommended resolution, Resolution A.

2. That semi-permeable parking surfaces should be considered for the western parking areas.

Staff Comment: We have added a new stipulation # 24 to Resolution A which allows the applicant the option of providing either traditional pavement or semi-permeable surfaces for the western parking lots. In general terms, we believe that semi-permeable parking surfaces would not work as well at this location. Future buckling of pavers, potential tripping hazards, and the increased maintenance that is required to maintain the pavement in a functioning condition as a semi-permeable surface may present concerns. However, we have adjusted Resolution A to allow the applicant to use this type of surfacing for these parking areas if desired.

3. That locations for bicycle parking should be in view of residents and out of view of the general public to promote safety.

Staff Comment: This site is the location of much foot traffic moving between residential areas and the university campus. We believe the opportunity for theft is increased with the placement of bicycle parking in unobserved areas. For this reason, we believe bicycle parking that is visible from the public rights-of-way offers a deterrent for potential theft. We have not included this recommendation of the Bicycle and Pedestrian Advisory Board in Resolution A.

Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action. Resolution C involves the recommendations of the Bicycle and Pedestrian Advisory Board.

Manager’s Revised Recommendation: Based on the information in the record to date, we believe that the Council (1) could make the finding that public purposes are satisfied to an equivalent or greater degree, and thus approve the requested modifications of the regulations as proposed by the applicant, and (2) could make the four findings required to approve the Special Use Permit Modification.

We note that that the purpose of tonight’s hearing is to receive additional information.

We recommend that the Council adopt Resolution A, approving the requested modifications of regulations and approving the application with conditions. Resolution A has been revised to include an option for the applicant to provide semi-permeable pavement for the private parking lots.

Resolution B would approve the application as recommended by the Historic District Commission.

Resolution C would approve the application as recommended by the Bicycle and Pedestrian Advisory Board.

Resolution D would deny the application.

LAMBDA CHI ALPHA FRATERNITY

SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

ISSUE	Resolution A Transportation Board, Planning Board and Manager’s Revised Recommendation	Resolution B Historic District Commission Recommendation	Resolution C Bicycle and Pedestrian Board Recommendation
Stipulation of fire hydrant - provided within 50 feet of sprinkler connection	Yes	*	*
Provide landscape buffer on northern property line between parking lots.	No	Yes	*
Retain 17” maple tree by deleting curb & gutter on Pickard Lane	No	*	Yes
Provide option to utilize semi-permeable paving for western parking lots	Yes	*	Yes
Bicycle parking location to be in view of residents & not in view of general public	No	*	Yes

*This issue was not discussed at this particular advisory board’s meeting.

Attachments

1. List of Issues Raised during the May 14, 2001 Public Hearing (p. 12)

2. Resolution A – Approving the Application (p. 13)

3. Resolution B – Approving the Application (p. 17)

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

5. Resolution D – Denying the Application (p. 21)

6. Summary of Bicycle and Pedestrian Advisory Board Action (p. 22)

7. Applicant’s Statement of Justification (p. 23)

8. May 14, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1)

ATTACHMENT 1

LAMBDA CHI ALPHA FRATERNITY

Questions/Issues Raised at the May 14, 2001 Public Hearing

There were no issues raised at the Public Hearing on May 14, 2001.

ATTACHMENT 2

RESOLUTION A

(Manager’s Revised Recommendation and

Planning Board Recommendation, and

Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE LAMBDA CHI ALPHA FRATERNITY (2001-06-11/R-17a)

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:

Stipulations Specific to the Development

1. That construction begin by June 11, 2003 (2 years from the date of approval)and be completed by June 11, 2004 (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. 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.

4. 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

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. We recommend that this plan indicate the size, type, and location of all proposed plantings.

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. This plan shall indicate which labeled trees are proposed to be removed and where tree protection fencing will be installed.

7. 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.

8. 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.

9. 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

10. 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.

11. Underground Utilities: That all utilities shall be placed underground.

Stipulations Related to Fire Protection/Fire Safety

12. 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.

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

14. 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.

15. 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

16. 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.

17. 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.

Miscellaneous Stipulations

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23, That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

24. That the applicant have the option of providing either semi-permeable surfaces or traditional pavement for the western parking lots.

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 11^th day of June, 2001.

ATTACHMENT 3

RESOLUTION B

(Historic District Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE LAMBDA CHI ALPHA FRATERNITY HOUSE (2001-06-11/R-17b)

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 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.

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 11^th day of June, 2001.

ATTACHMENT 4

RESOLUTION C

(Bicycle and Pedestrian Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE LAMBDA CHI ALPHA FRATERNITY HOUSE(2001-06-11/R-17c)