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 (2005-11-21/R-18b)

 

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 21st day of November, 2005.