TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: University of North Carolina Cogeneration Facility - Application for Special Use Permit Modification (File No. 7.92.H.2, PIN #9788-14-5406)
DATE: November 9, 2005
INTRODUCTION
Tonight the Council continues the Public Hearing from September 19, 2005, regarding a Special Use Permit Modification 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).
MANAGER’S RECOMMENDATION
Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit Modification application. We recommend that the Council adopt Resolution A, approving the application.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
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BACKGROUND
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.
KEY ISSUES
Key issues raised at the September 19 Public Hearing related to the development proposal are below divided into two categories: noise and light. Additional questions raised at the Public Hearing are in Attachment 1.
Noise:
1a. Does the UNC Cogeneration Facility currently comply with the higher standards of today’s Noise Ordinance?
Applicant Response: “The proposed upgrades comply with the current Chapel Hill Noise Control Code and we expect a reduction in current noise levels associated with those systems being upgraded. The Cogeneration Facility meets the business, office, commercial and institutional levels of the current noise ordinance. At full operation, the Cogeneration facility was measured at 3 dBs above the residential daytime limit of 50 dB. Any non-compliant noises are the result of the provision of government services necessary to maintain the public infrastructure, as allowed in the current Noise Code.” Please refer to the attached letter from a University representative.
Comment: The existing Cogeneration Facility Special Use Permit includes the following stipulation, adopted May 15, 2000:
• Noise Control: That the development comply with the Town’s Noise Control Ordinance, as now constituted in Section 11-37 et. seq. of the Code of Ordinances and as amended in the future.
We recommend this stipulation be carried forth into the current Special Use Permit Modification. Stipulation 1 in Resolution A of the proposed Special Use Permit Modification requires that the terms and conditions of the May 15, 2000 Special Use Permit Modification remain in effect, thereby including the above stipulation.
The University has volunteered to provide a comparative acoustical analysis before and after the proposed construction that will verify the change in noise levels on the site and compliance with the Noise Ordinance. A Stipulation to this effect has been included in Resolution A.
The Police Department has not received any noise complaints associated with the Cogeneration Facility during the past year.
1b. Will the UNC Cogeneration Facility comply with the higher standards of today’s Noise Ordinance with the proposed plant upgrade?
Applicant Response: “See answer to question 1a above. All new equipment being added at the Cogen Facility, as part of the proposed plant upgrades, will comply with the current Chapel Hill Noise Control Code.” Please refer to the attached letter from a University representative (Attachment 2).
Comment: See staff comment to question 1a above.
1c. What is the projected incremental change in noise, from current noise levels, with the proposed plant upgrade?
Applicant Response: “The projected incremental decrease in noise from the new projects in this proposed modification will be between 10 and 15 dB along the west property line because the existing cooling towers are being replaced with a much quieter cooling tower system.” Please refer to the attached letter from a University representative (Attachment 2).
Comment: See staff comment to question 1a above.
Light:
2. Please describe any proposed lighting improvements. What is the projected incremental change in light from current light levels, with the proposed plant upgrade? Please provide an isometric lighting plan, if possible.
Applicant Response: “There will be no net change in light levels at any Cogen Facility property line. Approximately 15 new exterior light fixtures are being added as part of the Cogen SUP projects (See the isolux contour map attached). These lights will be located over doorways in eight visible locations on the site and are required to ensure safe ingress/egress at night. The other lights will be interior to the cooling towers and the generator yard. These lights will be on during hours of darkness. Approximately 15 additional lights will also be installed with these upgrades but they are task related and will normally be switched off. These task lights will only be turned on when required for emergency maintenance or repairs.” Please refer to the attached letter from a University representative (Attachment 2).
Comment: The isolux contour map shows that the light emitted by each proposed light fixture drops to 0.3 foot-candles of illumination inside the property line on each boundary of the site (part of Attachment 2). We believe that the applicant will be in compliance with lighting regulations, which require that off-site light levels cannot exceed 0.3 foot-candles of illumination. The applicant will be required to obtain lighting plan approval from the Community Design Commission prior to issuance of a Zoning Compliance Permit, as stipulated in Resolution A.
EVALUATION OF THE APPLICATION
The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the four required findings for the approval of a Special Use Permit. If, after consideration of the evidence submitted at the Public Hearing, 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.
Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on the four findings of facts that the Council must consider for granting a Special Use Permit.
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 support of this finding for the application has been provided by the applicant’s Statement of Justification (part of Attachment 5).
We note the following points from the applicant’s Statement of Justification:
• “No permanent additional vehicular traffic will be generated as a result of the Cogeneration Facility Turbine Generator Upgrade Projects and no changes to traffic conditions are expected.” [Applicant’s Statement]
• “The Cogeneration Facility site is not located in a floodway, floodplain or resource conservation district.” [Applicant’s Statement]
Evidence in opposition: Evidence offered in opposition to Finding #1 was offered by citizens during the September 19 Public Hearing which reference public health concerns and are excerpted below. Please refer to citizen letters in Attachment 4 for additional information.
• “It is of great concern that the University continues to use coal to supply heating, cooling, and some electricity to its main campus. This is simply environmentally unsound. [Citizen Statement]
• “The plant is also a source of air pollutants and greenhouse gases. It is understood that this plant is cleaner than the previous plant and cleaner than other coal plants in the state, but harmful materials are still being emitted. [Citizen Statement]
• “The University has said that that it has no plans for expansion beyond the present boundaries, yet it actually has expanded into an adjacent neighborhood with a large parking lot replacing needed housing in an adjacent neighborhood. This gives all neighbors cause for concern.” [Citizen Statement]
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process (Please see the applicant’s Statement of Justification for additional evidence in support of the application part of Attachment 5).
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Finding #2: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 3 and 5, the applicable specific standards in the Supplemental Use Regulations (Article 6) 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 support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 5).
We note the following points from the applicant’s Statement of Justification:
• “Improvements planned for the Cogeneration Facility complex are consistent with the Special Use Permit approved for the site.” [Applicant’s Statement]
• “Existing open space at the Cogeneration Facility site will not be changed, altered or impacted by the Turbine Generator Upgrade Projects; recreational space is not applicable.” [Applicant’s Statement]
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process (Please see the applicant’s Statement of Justification for additional evidence in support of the application part of Attachment 5).
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #2.
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Finding #3: That the use would be 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 support of Finding #3 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 5).
We note the following points from the applicant’s Statement of Justification:
• “The steam and power generation facilities located now and previously at the Cogeneration Facility site have co-existed with surrounding residential properties for almost 65 years. The University has gone to great lengths to make and keep the present Cogeneration Facility as clean, quiet and non-disruptive as possible.” [Applicant’s Statement]
• “The Cogeneration Facility is a public necessity. The Cogeneration Facility serves as the sole source of steam and as a back-up source of electrical power for critical utility requirements at the University campus and at the UNC Hospitals. The facility exists as a distinct, vital and indispensable supporting function for campus and hospital operations.” [Applicant’s Statement]
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process (Please see the applicant’s Statement of Justification for additional evidence in support of the application part of Attachment 5).
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3.
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Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan. |
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 5).
We note the following key points from the applicant’s Statement of Justification:
• “The Cogeneration Facility site is zoned industrial. The planned improvements for the existing industrial facilities on this site would, therefore, be in conformance with the general plans for the physical development of the Town. The proposed improvements do not alter the character of the site, and mitigation measures are in keeping with the goals of the Comprehensive Plan.” [Applicant’s Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process. Please see the applicant’s Statement of Justification for additional evidence about the application (part of Attachment 5).
PROPOSED MODIFICATION OF REGULATIONS
The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance if the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree.
The applicant is requesting modification to regulations from the Land Use Management Ordinance, including:
• Minimum setback regulations (Article 3.8);
• Maximum height regulations for the turbine generator building and maximum height regulations for the storage building (Article 3.8); and
• Maximum floor area regulations (Article 3.8).
The Town Manager is recommending additional modification from regulations in the Land Use Management Ordinance that the applicant has not requested, including:
• Minimum landscape buffer minimum width regulations for the eastern and western site boundaries (Article 5.6).
1. Setback Regulations: Article 3.8 of the Land Use Management Ordinance requires street building setbacks of 26 feet in the Residential-4 (R-4) zoning district. The applicant is proposing a 20-foot street setback on the northern property line, on the West Cameron Street frontage, for the gas insulated switchgear building. The applicant argues that the location of the switchgear building is constrained by the existing location of the Duke Power Company Substation and the related infrastructure that will connect the two buildings. The applicant argues that these constraints require them to encroach into the street setback.
Comment: 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 given the site constraints of the electrical facilities. 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.
2. Height Regulations: Article 3.8 of the Land Use Management Ordinance permits a maximum secondary building height of 50 feet in the Industrial (I) zoning district. The applicant is requesting a modification to height regulations so that the proposed, 70-foot tall, turbine generator building #4 may be permitted to exceed the maximum secondary height by 20 feet.
Article 3.8 of the Land Use Management Ordinance permits a maximum primary building height of 34 feet and a maximum secondary building height of 60 feet in the Residential-4 (R-4) zoning district. The applicant is requesting a modification to height regulations so that the proposed, 59.5-foot tall storage building may be permitted to exceed the maximum primary height by 21.5 feet. The building is located eight feet from the setback line, permitting it to be 38 feet tall at that point, therefore requiring the 21.5-foot modification to regulations.
Comment: We believe that the applicant’s request to modify height regulations in Article 3.8 of the Land Use Management Ordinance to allow the 70-foot tall turbine generator building in the Industrial (I) zoning district and the 59.5-foot tall storage building in the Residential-4 (R-4) zoning district is reasonable. 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.
3. Floor Area Regulations: Article 3.8 of the Land Use Management Ordinance permits a maximum floor area of 59,559 square feet of floor area in the Industrial (I) and Residential-4 (R-4) zoning districts. The Special Use Permit Modification approved by the Town Council on May 15, 2000 allowed the applicant to modify the floor area upward to 89,664 square feet. The current proposal includes 27,472 square feet of floor area. The applicant is requesting a modification to regulations so that the new proposed 117,136 square feet of floor area be permitted.
Comment 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.
4. Landscape Buffer Regulations: Article 5.6 of the Land Use Management Ordinance requires that a 20-foot wide Type ‘C’ landscape buffer be provided in the Industrial (I) zoning district adjacent to collector streets and adjacent to residential properties. The existing buffers on the cogeneration facility site do not meet buffer requirements on the eastern and western boundaries because the buffers were approved prior to current regulations. No new development is proposed in these buffer areas and the applicant has not requested modification from regulations.
Comment: 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. These buffers were approved prior to current regulations and the existing facilities would not allow the applicant to meet current requirements. 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.
SUMMARY
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 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.
RECOMMENDATIONS
Stipulations Incorporated into Resolution A, the Manager’s Revised Recommendation:
Following the September 19 Public Hearing, the following recommendations have been included in Resolution A, the Town Manager’s revised recommendation:
1. Comparative Analysis of Acoustics: That the applicant shall provide a comparative acoustical analysis with sound measurements made to assess the noise generated by the Cogeneration Facility. Measurements shall be made with appropriate instruments and measuring techniques at the property lines of the site during daytime and nighttime, 1) before development, with existing conditions, and 2) after development is complete. The applicant shall provide a report of the comparative analysis findings to the Town Manager after the assessment is complete, no later than 3 months after the completion of construction.
Comment: The above stipulation has been added to Resolution A, the Town Manager’s revised recommendation. Please refer to item 1 in the Key Issues Section for discussion of this stipulation.
2. Cogeneration Facility Air Emissions Inventory: That the applicant shall post the annual Cogeneration Facility Air Emissions Inventory on the University of North Carolina Energy Services website, noted on its main page (currently at http://www.energy.unc.edu/Cogeneration/), retain inventories of prior years on the website, and provide each years’ annual inventory to the Town on electronic media, such as a CD.
Comment: The above stipulation has been added to Resolution A, the Town Manager’s revised recommendation. Please refer to item 7 in Attachment 1, Additional Questions, for discussion of this stipulation.
3. Lighting Plan: That the Community Design Commission shall approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite light spillage. All proposed lighting shall achieve compliance with the lighting standards of Land Use Management Ordinance.
Comment: The applicant objected to wording in an earlier version of this stipulation, from the Manager’s Preliminary Recommendation, requiring them to meet lighting standards for existing lighting. We agree that this was not reasonable. We have revised the stipulation so that it pertains to proposed lighting. The above stipulation has been revised in Resolution A, the Town Manager’s revised recommendation. Please refer to item 2 in the Key Issues Section.
Resolutions as Recommended By Advisory Boards and the Town Manager Follow:
Summaries of Board actions are included as part of Attachment 5, the September 19 Public Hearing Memorandum.
Manager’s Revised Recommendation: Based on our evaluation of the application, our revised recommendation 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 modification to regulations.
Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit application with the requested modifications of the regulations. We recommend that the Council adopt Resolution A, approving the application with conditions.
Resolution B would approve the application as recommended by the Planning Board, Transportation Board, Community Design Commission, and the Bicycle and Pedestrian Advisory Board.
Resolution C would deny the application.
ATTACHMENTS
1. Additional Questions Raised at the September 19 Public Hearing (p. 1-1).
2. Response to Council Questions From Anna Wu, UNC Director of Facilities Planning, Dated October 21, 2005 (p. 2-1).
3.
Cogeneration Facility 2004 Air Emissions Inventory, dated October 2005
(p. 3-1).
Part 1, Part 2, Part 3
4. Letters Distributed by Citizens at he September 19, 2005 Public Hearing (p. 4-1).
5. September 19, 2005 Public Hearing Memorandum and Related Attachments (begin new page 1).
UNC Cogeneration Facility - Special Use Permit Modification
Differences Among Resolutions
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Issues |
Resolution A (Approval)
Town Manager’s Revised Recommendation
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Resolution B (Approval)
Planning Board, Transportation Board, Community Design Commission, and Bicycle and Pedestrian Advisory Board Recommendations |
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Provision of Comparative Acoustical Analysis Before and After Construction of Proposed Development |
Yes
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* |
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Web Publication of Cogeneration Facility Annual Air Emissions Inventory |
Yes |
* |
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Lighting Requirements Apply to Proposed Lighting, Not Existing Lighting |
Yes |
* |
*Issue raised after these board meetings.
RESOLUTION A
(Manager’s Revised Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY OF NORTH CAROLINA COGENERATION FACILITY (2005-11-09/R-4a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the University of North Carolina at Chapel Hill for the University of North Carolina Cogeneration Facility on property identified as Orange County Tax Map 92, Block H, Lot 2 (PIN No. 9788-14-5406) if developed according to the site plans dated February 8, 2005 and landscape plan dated August 17, 2005, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be a public necessity;
4. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management 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 Article 3.8 of the Land Use Management Ordinance setback regulations, to allow a 20-foot street setback on the West Cameron Avenue frontage of the site.
2. Modification of Article 3.8 of the Land Use Management Ordinance height regulations, to allow turbine generator building #4 to be constructed to a maximum height of 70 feet and to allow the proposed storage building to be constructed to a maximum height of 59.5 feet and exceed the primary and secondary height limits.
3. Modification of Article 3.8 of the Land Use Management Ordinance floor area regulations, to allow the proposed maximum floor area on site to be 117,136 square feet.
4. Modification of Article 5.6 of the Land Use Management Ordinance landscape buffer regulations, to allow a variable width landscape buffer (from 0 to 40 feet) on the eastern boundary of the of the site and to allow a variable width landscape buffer (from 3 to 20 feet) on the western boundary of the of the site.
This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the above requested modifications to regulations are required to upgrade an existing public service facility.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for University of North Carolina Cogeneration Facility in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by November 9, 2007 and be completed by November 9, 2013.
2. Relationship to May 15, 2000 Special Use Permit Modification: This approval modifies the terms of the Special Use Permit Modification approved by the Town Council on May 15, 2000. Except as specifically authorized or modified by this document, the terms and conditions of the Special Use Permit Modification Resolution, as adopted by the Council on May 15, 2000, remain in effect.
3. Land Use Intensity: This Special Use Permit Modification authorizes the public service facility, University of North Carolina Cogeneration Facility for the purpose of generating electrical and steam energy and land use intensity requirements and dimensional standards as specified below:
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Land Use Intensity |
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Net Land Area |
501,244 s.f. |
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Total # of Buildings |
10 (5 existing buildings) and associated structures |
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Maximum Floor Area |
117,136 s.f. |
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Maximum Impervious Surface Area |
330,387 s.f. |
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Maximum # of Parking Spaces Proposed |
128 (all existing spaces) |
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Minimum # of Bicycle Spaces |
14 (10 existing spaces) |
4. Bicycle Parking: That the applicant shall provide four Class II bicycle parking spaces by installing two ‘U’ shaped racks, in a publicly accessible place, near the Gore Building.
5. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.
Stipulations Related to Landscaping and Architectural Issues
6. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
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Location |
Required Landscape Buffers |
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Northern Property Line (West Cameron Avenue Frontage) |
Variable Width, 5-15 Foot Type ‘C’ External Alternative Buffer |
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Eastern Property Line (Towards Cameron Glen Subdivision) |
Variable Width, 0-40 Foot Type ‘C’ Internal Buffer (Modification to Regulations) |
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Southern Property Line (McCauley Street Frontage) |
Variable Width, 20-35 Foot Type ‘C’ External Buffer |
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Western Property Line (Towards Merritt Mill Rd.)
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Variable Width , 3-20 Foot Type ‘C’ Internal Buffer (Modification to Regulations) |
7. West Cameron Avenue Frontage Landscape Buffer: That the applicant shall provide a variable width, 5-15 foot Type “C” external alternative buffer along the West Cameron Avenue frontage of the site, subject to Community Design Commission and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
8. Eastern Property Line Landscape Buffer: That the applicant shall provide a variable width, 0-40 foot Type “C” internal buffer along the western property line, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
9. McCauley Street Frontage Landscape Buffer: That the applicant shall provide a variable width, 20-35 foot Type “C” external buffer along the McCauley Street frontage of the site, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
10. Western Property Line Landscape Buffer: That the applicant shall provide a variable width, 3-20 foot Type “C” internal buffer along the western property line of the site, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
11. Alternative Buffers: That alternative landscape buffers shall be approved by the Community Design Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.
12. Specimen Tree Protection: That the applicant shall protect all specimen trees specified for preservation on the landscape protection plan, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
13. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
14. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including a Landscape Maintenance Plan, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, the location of all proposed plantings and landscape buffers, as well as the limits of land disturbance and tree protection fencing.
15. Parking Lot Landscape Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
16. Parking Lot Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Parking Lot Shading Plan must be submitted and approved by the Town Manager in accordance with the provisions of Article 5.9 of the Land Use Management Ordinance.
17. Building Elevations: That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.
18. Lighting Plan: That the Community Design Commission shall approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite light spillage. All proposed lighting shall achieve compliance with the lighting standards of Land Use Management Ordinance.
Stipulations Related to Environmental Issues
19. Acoustical Comparative Analysis: That the applicant shall provide a comparative acoustical analysis with sound measurements made to assess the noise generated by the Cogeneration Facility. Measurements shall be made with appropriate instruments and measuring techniques at the property lines of the site during daytime and nighttime, 1) before development, with existing conditions, and 2) after development is complete. The applicant shall provide a report of the comparative analysis findings to the Town Manager after the assessment is complete, no later than 3 months after the completion of construction.
20. Cogeneration Facility Air Emissions Inventory: That the applicant shall post the annual Cogeneration Facility Air Emissions Inventory on the University of North Carolina Energy Services website, noted on its main page (currently at http://www.energy.unc.edu/Cogeneration/), retain inventories of prior years on the website, and provide each years’ annual inventory to the Town on electronic media, such as a CD.
21. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
The plan shall be based on the 1-year, 2-year, and 25-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate and the post-development stormwater runoff volume shall not exceed the pre-development volume for the local 2-year frequency, 24-hour duration storm event. Engineered stormwater facilities shall also remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
22. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
23. State or Federal Approvals: That any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
24. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.
25. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
26. Overhead Obstruction/Utility Lines: That the final plans shall include details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
27. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
28. Utility Line Placement: That all new utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
29. Fire Hydrant Location: That all new structures shall be located within 500 feet of a fire hydrant and that all hydrants be shown on Final Plans, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.
30. Fire Sprinklers and Fire Department Connections (FDC’s): That the applicant shall install an automatic fire sprinkler system for buildings that meet any of the following conditions:
a. The building has 6,000 square feet of floor area, or more;
b. 20% or more of the total floor area is located further than 200 feet from the nearest point of access for a fire truck; or
c. The building exceeds two stories or 24 feet in height from the average grade of the lot to the windows on the topmost occupied floor.
Any buildings requiring sprinklers must have associated FDC’s clearly indicated on Final Plans, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
31. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access.
32. Fire Flow Report: That a fire flow report for all new development, shall be prepared and sealed by a registered professional engineer, which demonstrates that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
33. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
34. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
35. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
36. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Land Use Management Ordinance and the Design Manual.
37. As-Built Plans: That as-built plans in DWF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
38. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
39. Phasing Plans: That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for an individual phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and if applicable a note to this effect shall be placed on the final plan and/or plat.
40. Construction Sign: That the applicant shall post a construction sign that lists the property owner’s representative and telephone number, the contractor’s representative and telephone number, and a telephone number for regulatory information at the time of issuance of a Building Permit, prior to the commencement of any land disturbing activities. 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.
41. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
42. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for University of North Carolina Cogeneration Facility, as proposed by the University of North Carolina, in accordance with the plans and conditions listed above.
This the 9th day of November, 2005.
RESOLUTION B
(Planning Board, Transportation Board, Community Design Commission,
and the Bicycle and Pedestrian Advisory Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY OF NORTH CAROLINA COGENERATION FACILITY (2005-11-09/R-4b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the University of North Carolina at Chapel Hill for the University of North Carolina Cogeneration Facility on property identified as Orange County Tax Map 92, Block H, Lot 2 (PIN No. 9788-14-5406) if developed according to the site plans dated February 8, 2005 and landscape plan dated August 17, 2005, and the conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be a public necessity;
4. Would conform with the general plans for the physical development of the Town as embodied in the Land Use Management 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 Article 3.8 of the Land Use Management Ordinance setback regulations, to allow a 20-foot street setback on the West Cameron Avenue frontage of the site.
2. Modification of Article 3.8 of the Land Use Management Ordinance height regulations, to allow turbine generator building #4 to be constructed to a maximum height of 70 feet and to allow the proposed storage building to be constructed to a maximum height of 59.5 feet and exceed the primary and secondary height limits.
3. Modification of Article 3.8 of the Land Use Management Ordinance floor area regulations, to allow the proposed maximum floor area on site to be 117,136 square feet.
4. Modification of Article 5.6 of the Land Use Management Ordinance landscape buffer regulations, to allow a variable width landscape buffer (from 0 to 40 feet) on the eastern boundary of the of the site and to allow a variable width landscape buffer (from 3 to 20 feet) on the western boundary of the of the site.
This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the above requested modifications to regulations are required to upgrade an existing public service facility.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for University of North Carolina Cogeneration Facility 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. Revised Stipulations: That the following stipulations shall be revised:
•
Lighting Plan: That the Community Design Commission shall
approve a lighting plan for this project prior to issuance of a Zoning
Compliance Permit. The Community Design Commission shall take additional care
during review to ensure that the proposed lighting plan will minimize 1) upward
light pollution and 2) offsite light spillage. That the applicant shall
retrofit existing lights, as appropriate, to All proposed lighting shall
achieve compliance with the lighting standards of Land Use Management
Ordinance.
3. Deleted Stipulations: That the following stipulations shall be deleted:
• Acoustical Comparative Analysis: That the applicant shall provide a comparative acoustical analysis with sound measurements made to assess the noise generated by the Cogeneration Facility. Measurements shall be made with appropriate instruments and measuring techniques at the property lines of the site during daytime and nighttime, 1) before development, with existing conditions, and 2) after development is complete. The applicant shall provide a report of the comparative analysis findings to the Town Manager after the assessment is complete, no later than 3 months after the completion of construction.
• Cogeneration Facility Air Emissions Inventory: That the applicant shall post the annual Cogeneration Facility Air Emissions Inventory on the University of North Carolina Energy Services website, noted on its main page (currently at http://www.energy.unc.edu/Cogeneration/), retain inventories of prior years on the website, and provide each years’ annual inventory to the Town on electronic media, such as a CD.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for University of North Carolina Cogeneration Facility, as proposed by the University of North Carolina, in accordance with the plans and conditions listed above.
This the 9th day of November, 2005.
RESOLUTION C
(Denying the Special Use Permit Modification Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY OF NORTH CAROLINA COGENERATION FACILITY (2005-11-09/R-4c)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the University of North Carolina at Chapel Hill for the University of North Carolina Cogeneration Facility on property identified as Orange County Tax Map 92, Block H, Lot 2 (PIN No. 9788-14-5406) if developed according to the site plans dated February 8, 2005 and landscape plan dated August 17, 2005:
1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would not comply with all required regulations and standards of Land Use Management Ordinance;
3. Would not be a public necessity;
4. Would not conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit Modification for University of North Carolina Cogeneration Facility in accordance with the plans listed above and with the conditions listed below:
(INSERT ADDITIONAL REASONS FOR DENIAL)
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for the University of North Carolina Cogeneration Facility as proposed by the University of North Carolina.