There may be a stipulation regarding occupancy, rather than strict number of units. 51% of occupants must be non-athletes in the building. The federal government will fight the tax-exempt status of the athletic department if the occupancy is more athletes than non-athletes. Definitely a slippery slope if they can't find occupants for the other apartments, especially with other new private units being built near Memorial Stadium. This could also raise concerns regarding football housing, volleyball housing, track housing, etc., and whether or not all athletes are treated fairly. This shouldn't matter (in my opinion, based on which teams bring in more $$$) but college athletic departments are considered non-taxable charities, rather than separate entities. I doubt the athletic department will want to pay taxes just so xyz basketball player can live in a nicer apartment unit.
This dormitory will be built though, without a doubt. Those are just the details that must be addressed. Rest easy, Beems.