AGENDA #2
to:Mayor and Town Council
from:W. Calvin Horton, Town Manager
subject:Public Hearing: University of North Carolina Cogeneration Facility - Application for Special Use Permit Modification (File No. 7.92.H.2, PIN #9788-14-5406)
date:September 19, 2005
We have received a request for approval of a Special Use Permit Modification for the University of North Carolina (UNC) Cogeneration Facility, to upgrade power generation capabilities at the University of North Carolina Cogeneration Facility. The Cogeneration Facility provides electrical and steam energy to the UNC campus. The 11.5-acre site is located on the south side of West Cameron Avenue between Merritt Mill Road and Cameron Glen Subdivision. The proposal includes a new 20 megawatt steam powered turbine generator; upgrade of an existing turbine generator; replacement of the cooling towers; an acoustical screening wall; a transformer; and five new buildings to house equipment. There is currently 89,664 square feet of floor area at this site and 27,472 square feet of floor area is being proposed for a total of 117,136 square feet of floor area. The site is located in the Industrial (I) and Residential-4 (R-4) zoning districts and is identified as Chapel Hill Township Tax Map 92, Block H, Lot 2 (PIN #9788-14-5406).
The applicant is requesting modification from regulations in the Land Use Management Ordinance, including setback regulations (Article 3.8); height regulations for two buildings (Article 3.8); and, floor area regulations (Article 3.8). The Town Manager is recommending additional modification from regulations in the Land Use Management Ordinance for the eastern and western landscape buffers (Article 5.6). The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, where the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree.
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.
This package of materials has been prepared for the Town Council’s consideration,
and is organized as follows:
The Land Use Management 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 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 Land Use Management Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.
Concept Plan reviews of this application were conducted by the Community Design Commission on May 19, 2004 and by the Town Council on June 21, 2004. See attached summary and minutes respectively.
The applicant is proposing improvements at the Cogeneration Facility, including upgrading power generation capabilities. The proposal includes a new 20 megawatt steam powered turbine generator; upgrade of an existing turbine generator; replacement of the cooling towers; an acoustical screening wall; a transformer; and five new buildings to house equipment. There is currently 89,664 square feet of floor area on the site and 27,472 square feet of floor area is being proposed for a total of 117,136 square feet of floor area.
The applicant is not proposing to increase the existing number of 128 vehicular parking spaces. The applicant is proposing to increase the existing number of 10 bicycle parking spaces to 14 with this application.
Two infiltration trenches are proposed for capturing stormwater runoff in addition to the two existing stormwater ponds.
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application as submitted, complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions and modifications of regulations included in Resolution A.
Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.
Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification and whether it chooses to approve the proposed modification of regulations.
The four findings are:
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 would comply with all required regulations and standards of the Land Use Management Ordinance;
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; and
Finding #4: That the use or development conforms to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
We have identified one key issue associated with this development, discussed below.
Specimen Tree Protection: There are approximately 12 rare and specimen trees around the proposed gas insulated switchgear building and transformers, along the West Cameron Avenue frontage. The applicant is proposing to remove a 54-inch oak and 20-inch oak where these buildings are proposed and to protect the other 10 rare and specimen trees.
Comment: We believe it may be difficult to preserve some of the trees, proposed for preservation, especially where construction encroaches into the critical root zones of the trees. We recommend that all practicable measures be taken to preserve these rare and specimen trees and that the construction footprint be minimized to enhance the survival prospects of the trees. We have included a stipulation to this effect in Resolution A.
The applicant is requesting modification to regulations from the Land Use Management Ordinance, including:
The Town Manager is recommending additional modification from regulations in the Land Use Management Ordinance that the applicant has not requested, including:
The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, as follows:
“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 Chapter, but the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Town Council may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the Special Use Permit Modification or Modification of Special Use Permit Modification.”
Modification to Regulations: We believe that the applicant’s request to modify street setback regulations in Article 3.8 of the Land Use Management Ordinance to allow a reduced building setback on the West Cameron Street frontage is reasonable. We recommend approval of this modification, permitting the applicant to have a 20-foot setback on the northern boundary of the site. We believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because the requested modification to setback regulations is required to upgrade an existing public service facility.
Modification to Regulations: We believe that the applicant’s request to modify height regulations in Article 3.8 of the Land Use Management Ordinance to allow a taller building to house the proposed turbine generator #4 is reasonable. The applicant is requesting that the proposed 70-foot turbine generator building #4 be permitted to exceed the maximum secondary height of 50 feet by 20 feet. We recommend approval of this modification to height regulations. The proposed structure would match the height of the existing building housing turbine generator #3. We believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because the requested modification to height regulations is required to upgrade an existing public service facility.
Modification to Regulations: We believe that the applicant’s request to modify height regulations in Article 3.8 of the Land Use Management Ordinance to allow the 59.5-foot tall storage building is reasonable, thereby exceeding primary and secondary height limitations. We recommend approval of this modification to height regulations. We believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because the requested modification to height regulations is required to upgrade an existing public service facility.
Modification to Regulations: We believe that the applicant’s request to modify floor area regulations in Article 3.8 of the Land Use Management Ordinance is reasonable. We recommend approval of this modification to maximum floor area regulations to permit a maximum floor area of 117,136 square feet. We believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because the requested modification to floor area regulations is required to upgrade an existing public service facility.
Modification to Regulations: We recommend that the Council modify the minimum landscape buffer regulations in Article 5.6 of the Land Use Management Ordinance to allow the existing variable-width buffers, on the eastern and western boundaries of the site and believe that these recommendations are reasonable. These buffers were originally part of the 1986 Special Use Permit approval for the replacement cogeneration facility. We recommend approval of these recommended modifications, permitting the applicant to have 1) a variable width (from 0 to 40 feet) landscape buffer on the eastern boundary of the site and 2) a variable width (from 3 to 20 feet) landscape buffer on the western boundary of the site. We believe that the Council could find that public purposes are satisfied to an equivalent or greater degree because the requested modifications to landscape buffer regulations is for existing conditions at a public service facility requiring upgrades.
In summary, the Town Council may modify one or more of the proposed modifications to regulations if it makes a finding in the particular case, that public purposes are satisfied to an equivalent or greater degree. The Town Council may deny one or more of the proposed modifications from regulations at its discretion. If the Council chooses to deny a request for modification to regulations, the applicant’s alternatives are to comply with regulations or request a variance from regulations.
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, and modification of regulations discussed above, our preliminary recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application for this site:
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: On September 6, 2005, the Planning Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.
Transportation Board Recommendation: On September 6, 2005, the Transportation Board voted 5-1 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Transportation Board Action.
Community Design Commission Recommendation: On August 17, 2005, the Community Design Commission voted 8-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Community Design Commission Action.
Bicycle and Pedestrian Advisory Board Recommendation: On August 23, 2005, the Bicycle and Pedestrian Advisory Board voted 6-0 to recommend that the Council approve this application with the adoption of Resolution A with an added condition. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Resolution A includes the following recommended condition from the Bicycle and Pedestrian Advisory Board:
Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance, except for the proposed modifications to regulations. As noted immediately above, a condition recommended by the Bicycle and Pedestrian Advisory Board has been added to Resolution A since being reviewed by advisory boards. The condition is a recommendation of the Bicycle and Pedestrian Advisory Board.
The following condition has been revised in Resolution A since being reviewed by advisory boards:
We have revised the stipulation above because the stipulation in the original Staff Report had the standard language for new development as related to lighting plans. For this existing development we recommend that the applicant minimize upward light pollution and offsite spillage by retrofitting existing lighting. We therefore added the final sentence to the stipulation immediately above, which is included in Resolution A, the Town Manager’s Preliminary Recommendation.
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 the required findings for approval of a Special Use Permit Modification, and modification to regulations as previously described, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would deny the application.