AGENDA #2

 

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:            UNC Student Athletic Center - - Request for Abandonment of Existing Special Use Permit

 

DATE:             October 3, 2001

 

 

We have received a request from the University of North Carolina at Chapel Hill, seeking Council authorization to abandon a Special Use Permit that was issued in 1980.  Adoption of the attached resolution would approve the request.

 

BACKGROUND

 

In 1980, the Town Council issued a Special Use Permit for an Auditorium on the UNC campus, an arena subsequently built and named the Dean Smith Student Activities Center.  The Special Use Permit resolution of approval listed 31 conditions, all of which were met.  A copy of the approval is attached (Attachment 1).

 

On July 2, 2001, the Town Council amended the Chapel Hill Development Ordinance to create a new zoning district, Office/Institutional-4.  Also on July 2, the Council voted to rezone the University’s main campus to this new zoning district.  An excerpt from the Development Ordinance containing the provisions of the Office/Institutional-4 district is attached (Attachment 2).  A key provision in the Office/Institutional-4 zone is that a Place of Assembly does not need a Special Use Permit.

 

On September 14, 2001, UNC Vice Chancellor Nancy Suttenfield submitted a request on behalf of the University, seeking Council authorization to abandon the Smith Center Special Use Permit (Attachment 3).

 

DISCUSSION

 

Section 18.6.4 of the Development Ordinance reads as follows:

 

“On request by the holder of a Special Use Permit of Modification of Special Use Permit, Council shall approve the abandonment of the Permit or Modification if it determines that:

 

a.       no construction activity authorized by the Permit has been started and the starting time limit has not yet expired,  or

 

b.      the development or use authorized by the Permit or Modification no longer requires a Special Use Permit, and all conditions of the Special Use Permit have been satisfied.”

 

Obviously, item (a) does not apply.  The balance of this memorandum focuses on evaluation of circumstances as called for in item (b).

 

“Use No Longer Requires a Special Use Permit”:  We believe this condition is met.  Article 16.4 of the Development Ordinance, describing permitted uses within the new Office/Institutional-4 zone, reads as follows:  “Permitted uses shall be identical with uses listed in the “Schedule of Use Regulations” (Section 12.3) as being permitted in OI-3, except that Place of Assembly shall be considered to be a permitted use and not a special use.  ”

 

“All Conditions of the Special Use Permit Have Been Satisfied”:  This potential finding requires review of each of the 1980 conditions of approval.  We offer our evaluation in Attachment 4.  Our conclusion is that nearly all of the conditions can be considered satisfied.  There are two conditions, however, that we believe warrant careful consideration by the Council.  Those are conditions 10 and 23:

 

10.    “That all existing trees and vegetation contained within the area delineated on the plan labeled “Buffer and Fence Plan” be retained.  Such existing trees and vegetation within the delineated area shall be supplemented with additional trees and vegetation to achieve as dense a screening area as is practical.  Such plan shall be approved by the Appearance Commission as part of the review of the required landscape plan and shall include a minimum of two different types of evergreen trees such as the improved Piedmont Loblolly Pine and Red Cedar, which have complimentary screen characteristics.  Such supplementary screening shall be planted during the winter of 1980 so as to achieve the greatest amount of growth possible prior to the opening of the athletic center.”

 

(We note that, in satisfaction of this condition, the Chapel Hill Appearance Commission in August 1980 approved a “Screening Planting Plan” that included existing vegetation along Mason Farm Road and proposed planting along the road as part of the plan.  A copy of the plan approved by the Appearance Commission is provided as Attachment 5.)

 

23.    “That a chain link fence no less than 10 feet in height and having no less than three strands of barbed wire above the chain link fence be installed between the athletic center and properties on Mason Farm Road.  The location and extent of such fence shall be as shown on the plan labeled “Buffer and Fence Plan.”  Such fence shall be kept in good repair for the duration of the special use permit, and shall be constructed prior to start of construction of the athletic center.  No gates of any kind shall be provided in the fence.”

 

We believe that these conditions require attention to development plans that are proposed in the immediate vicinity of the Smith Center, as part of the Council’s deliberations on whether the conditions can be considered to have been satisfied.  Those plans are available for consideration in that the University has applied for Council approval of a Development Plan.  Description and evaluation of that application are on tonight’s agenda for the Council’s consideration.  We suggest review of what is proposed by the Development Plan for the Smith Center vicinity, in order to inform the discussion of whether the Council can determine that the Smith Center conditions of approval will be satisfied. 

 

REVIEW OF DEVELOPMENT PLAN PROPOSALS FOR SMITH CENTER VICINITY

 

The component of the University’s Development Plan that affects the Smith Center vicinity is shown as the Student Family Housing East Perimeter Transition Area (shown in Attachment 6).  Features of that plan that are relevant here are:

 

§         Construction of new residential buildings along Mason Farm Road:  The University’s request for abandonment of the Special Use Permit notes that these buildings, along with accompanying landscaping, will screen the Smith Center from Mason Farm Road in satisfaction of condition #10 of the Special Use Permit.

 

§         Construction of a new fence to replace the existing 10-foot high chain link fence with three strands of barbed wire:  The new fence is proposed to be in approximately the same location as the existing fence.

 

§         A proposal that specific building plans will be accompanied by landscape plans as each Site Development Permit application is submitted.

 

As we note in Attachment 4, we believe that the Council could reasonably find, if a Development Plan is approved as has been proposed by the University, with reference to building, fence and landscaping requirements, that the above specified conditions of the Special Use Permit have been satisfied.  If the Council makes that finding, the Development Ordinance states that the Council shall approve the abandonment.

 

CONCLUSION AND RECOMMENDATION

 

The Smith Center, which was authorized as a Place of Assembly by the Council approval of a Special Use Permit in 1980, is located in a zoning district where a Place of Assembly no longer requires a Special Use Permit.  We believe that the Council can reasonably find that, with approval of a Development Plan as has been proposed by the University, all conditions of the 1980 Special Use Permit have been satisfied.

 

Accordingly, we recommend that if the Council approves the Development Plan that has been proposed by the University, it also authorize abandonment of the Smith Center Special Use Permit with approval of the attached Resolution A.

 

Resolution B would deny the request for abandonment.


 

ATTACHMENTS

 

  1. Copy of 1980 Special Use Permit Resolution (p. 7).
  2. OI-4 Zoning District (p. 11).
  3. UNC Request for Abandonment (p. 19).
  4. Evaluation of Conditions of Approval of 1980 Permit (p. 21).
  5. Screening Planting Plan (p. 28).
  6. Excerpt from UNC Development Plan (p. 29).

 

 

 

RESOLUTION A

 

A RESOLUTION AUTHORIZING ABANDONMENT OF A SPECIAL USE PERMIT (2001-10-01/R-1a)

 

WHEREAS, the Chapel Hill Town Council approved a Special Use Permit for the UNC Student Athletic Center on July 14, 1980, authorizing development of an Auditorium; and

 

WHEREAS, the holder of the Special Use Permit, the University of North Carolina at Chapel Hill, has requested that the Special Use Permit be abandoned; and

 

WHEREAS, Section 18.6.4 of the Chapel Hill Development Ordinance states that the Council shall approve abandonment of a Special Use Permit if it determines that:

 

The development or use authorized by the Permit or Modification no longer requires a Special Use Permit, and all conditions of the Special Use Permit have been satisfied; and

 

WHEREAS, the Council hereby determines that this condition of Section 18.6.4 has been met;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves and authorizes the abandonment of the 1980 UNC Student Athletic Center Special Use Permit.

 

This the 3rd day of October, 2001.

 

RESOLUTION B

 

 

A RESOLUTION DENYING A REQUEST FOR ABANDONMENT OF A SPECIAL USE PERMIT (2001-10-03/R-1b)

 

WHEREAS, the Chapel Hill Town Council approved a Special Use Permit for the UNC Student Athletic Center on July 14, 1980, authorizing development of an Auditorium; and

 

WHEREAS, the holder of the Special Use Permit, the University of North Carolina at Chapel Hill, has requested that the Special Use Permit be abandoned;  and

 

WHEREAS, Section 18.6.4 of the Chapel Hill Development Ordinance states that the Council shall approve abandonment of a Special Use Permit if it determines that:

 

a.        no construction activity authorized by the Permit has been started and the starting time limit has not yet expires;  or

 

b.      the development or use authorized by the Permit or Modification no longer requires a Special Use Permit, and all conditions of the Special Use Permit have been satisfied;  and

 

WHEREAS, the Council hereby fails to determine that all conditions of the Special Use Permit have been satisfied; 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council denies the request for abandonment of the 1980 UNC Student Athletic Center Special Use Permit.

 

This the 3rd day of October, 2001.