ATTACHMENT 12

5.  Statement of Justification (Special Use)

In order to grant a Special Use Permit Modification, the Town Council must make the required four findings contained in Section 4.5 of the Land Use Management Ordinance.  The applicant shall submit a statement entitled Statement of Justification prepared by the applicant, presenting factual information supporting each of the four required findings. 

The four required findings and suggested considerations to be addressed (as per the Town’s Description of Required Information) are listed below, along with the applicant’s detailed responses:

Finding #1: That the use and development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

a. Traffic conditions in the vicinity, including the effect of additional traffic on streets, street intersections, and sight line at street intersections and driveways.

No permanent additional vehicular traffic will be generated as a result of the South Substation Upgrade Project. The existing driveway into the site is to remain as the primary access for routine service visits to an otherwise unoccupied facility.  It is anticipated that the new equipment included in this project will result in fewer visits per week, and, therefore, slightly reduced traffic flow in and out of the site. Some additional traffic is anticipated during the construction period, but such traffic will be limited to daylight hours only.  The project has been exempted from submitting a Traffic Impact Analysis (ref: Town of Chapel Hill, Engineering Department Exemption Form dated 11/23/04). 

b. Provision for services and utilities, including sewer, water, electric, garbage collection, and fire protection. 

Services for sanitary sewer, potable water, and garbage collection will not be required.  An electronically monitored fire alarm system will be installed in the new building to notify UNC Public Safety and the Town of Chapel Hill Fire Department if an alarm is activated by heat, fire or smoke.

c. Drainage plans. 

The Substation improvements are designed to reduce the amount of grading, land disturbing activities, and loss of natural vegetation on the existing site during development. The majority of natural surface drainage patterns for the site will be retained and in some cases enhanced through development of the site.  Existing graveled areas on the site will be scraped to remove the gravel and over-seeded with grass to provide natural filter areas for surface drainage and increased surface percolation.  All disturbed areas on the site will be either over-seeded with grass or planted to provide a visual buffer.

d. Relationship of the site to the Chapel Hill Floodway/Floodplain/Resource Conversation District.

The South Substation is an existing use in an R-1 zoning district, permitted by a SUP issued in 1981.  The portion of the site containing the existing transformers is within the RCD limit, which was established after the 1981 permit was issued.  Public Utilities are a permitted use in the RCD.  The upgrades proposed for these facilities are a practical necessity to provide continued service to the University and UNC Hospital facilities that depend on the substation.  The implementation of these upgrades is designed to cause minimal disturbance to the RCD.  The proposed upgrades include relocating some of the existing equipment inside new structures to improve the utility’s functioning and lifespan.  The finish floor of the new switchgear building will be located 4’ above the RCD elevation.  Stormwater discharge will be handled as described in the stormwater report; it will not directly discharge to the stream channel.  No stream crossings are proposed and the plan has been designed to minimize adverse environmental and flooding effects on the RCD.   Efforts are being made to improve the functioning of the existing and restored impervious surfaces (see (c) above).   With no net increase in impervious surface area and no net increase in runoff rates, stormwater mitigation is no longer required.

e. Other considerations relevant to the proposed use.

The proposed upgrades are a modification of an existing SUP that was issued for the site in 1981.  The existing air-insulated electrical transformers at the site are near the end of their expected longevity since their original installation in 1981.  The new replacement electrical transformers will be gas-insulated and enclosed within a building which will lengthen their expected longevity and reduce risk of potential failure due to unpredictable environmental conditions.

Finding #2: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Article 3, 4, and 5 and the applicable specific standards contained in Sections 6, and with all other applicable regulations.

a. Compliance with Development Ordinance and land development regulations and standards, including street improvements, screening and landscape buffer requirements, setbacks, height, parking and intensity regulations.

Improvements planned for this project are consistent with the existing Special Use Permit approved for the site. All requirements for driveway access, planted screenings and landscape buffers, setbacks, building heights and other zoning regulations will be met in development of the site. All of the existing exterior-mounted electrical equipment presently on the site will be re-installed inside the new Substation building thus improving the appearance of the existing site.

b. Provision of recreation and open space.

N/A

c. Other considerations relevant to the proposed use.

The new switchgear building and associated equipment is an unoccupied utility structure that requires routine service and maintenance.  The area will not be open to traffic or public access due to safety and security reasons.

Finding #3: That the use of 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.

a. Relationship of the proposed use and the character of development to surrounding uses, including possible conflicts between uses and how conflicts will be handled.

The OWASA water treatment plant is adjacent to the property on the east and the UNC Botanical Gardens is adjacent to the property on the west. The Ronald McDonald House and the Family House, serving UNC Hospitals, are across Old Mason Farm Road, north of the site. The new building planned for the site will be built with sloped, gable roofs to match the appearance, scale and character of the surrounding buildings.  Because the new Substation will be unoccupied, and will generate relatively little vehicular traffic, it is not expected that any conflicts of use will occur between it and the surrounding neighbors.

b. Conformance of the proposed use with the Zoning Atlas and the Comprehensive Plan for development of Chapel Hill and its environs. 

The South Substation facilities are an existing public service use in the R-1 district and are permitted with a Special Use Permit.  The replacement of equipment at this site is, therefore, in conformance with the general plans for the physical development of the Town and it has been designed in conformance with the current zoning district.  The proposed improvements do not alter the character of the site, and mitigation measures are in keeping with the goals of the Comprehensive Plan. 

c. Affect on the value of surrounding properties.

The new buildings on the site will be designed to blend in with the natural surroundings and nearby buildings through the use of material, color and scale.  The building exteriors will be cast-in-place concrete with a rusticated exterior appearance, with sloped, pre-finished, aluminum roof.  The building and drives will be screened from view from the road by a planted buffer which meets the requirements of the Town of Chapel Hill Land Use Management Ordinance. It is not expected therefore that the upgrades at the South Substation site will have any effect on the value of surrounding properties.

d. If the use is a public necessity, state the reasons for this designation. 

The South Substation is a public necessity.  This substation currently serves as the sole source of electrical power for large areas of the University campus and all of the UNC Hospitals and will remain the primary source even when other ductbank projects are completed. 

e. Other considerations relevant to the proposed use.

The physical facilities that make up the University campus and the UNC Hospitals complex represent a vast capital investment.  The substation is a critical component of the infrastructure that supports the university campus and UNC Hospital facilities.  The quality and value of both contiguous and surrounding properties benefit tangibly from the regular and substantial expenditures that are used to build, preserve and maintain all University facilities and supporting services.

Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

a. Conformance of the proposed development with the Zoning Atlas and the Comprehensive Plan for development of Chapel Hill and its environs.

The South Substation site is zoned R-1. The planned improvements for the existing facilities on this site are permitted with a Special Use Permit and are therefore in conformance with the general plans for the physical development of the Town.  The proposed improvements do not alter the character of the site, existing site grading has not been significantly altered, the use of the site as an Electrical Substation has not changed, and mitigation measures are in keeping with the goals of the Comprehensive Plan. 

b. Relationship of the site to the Chapel Hill Resource Conservation District, the Chapel Hill Thoroughfare Plan, the Greenways Plan, the Land Use Plan, and the Urban Services Area.

The Substation is an existing use in the Resource Conservation District.  As a long established and existing support function for the University, the South Substation Upgrade Project will have no effect on any of the other listed plans. 

c. Other considerations relevant to the proposed use.

None.