1-1 | STAFF REPORT

ATTACHMENT 1

TOWN OF CHAPEL HILL

STAFF REPORT

Subject: Public Hearing: University of North Carolina South Electrical Substation Application for Special Use Permit Modification (File No.9788-54-5304)

Date: May 12, 2008

INTRODUCTION

Attached for your consideration is a Special Use Permit Modification application from the University of North Carolina for upgrading the UNC south electrical substation at 120 Old Mason Farm Road. The proposal is to replace existing air-insulated electrical transformers with gas-insulated transformers and enclose them in a new 1,980 square foot switchgear building.

Duke Energy leases a portion of the electrical substation and proposes a new transformer and new gas-insulated switchgear equipment. No new buildings are proposed for the Duke Energy portion of the substation on this portion of university-owned land, and so no Town permit is required for this site improvement.

The 1.95-acre site is located on the south side of Old Mason Farm Road, adjacent to the Orange Water and Sewer Authority sewage treatment plant and the North Carolina Botanical Garden. The site is located in the Residential-1 (R-1) zoning district, the FEMA 100-year flood zone, and the Resource Conservation District.

BACKGROUND

A Special Use Permit was originally approved on March 23, 1981 for an electrical power substation on 1.2 acres permitting Duke Power and UNC to share electrical equipment. The project was developed by UNC in order to deliver power to the main campus. A copy of the 1981 Special Use Permit is attached.

Existing Conditions

Location: The electrical substation site is located on the south side of Old Mason Farm Road on UNC-owned property. On the east side of the property is the Orange Water and Sewer Authority sewage treatment plant. To the west are the North Carolina Botanical Garden Visitor Center and walking trails. Across Mason Farm Road to the north are the UNC Hospitals Ronald McDonald House and the State Employees Credit Union Family House. To the south is Meeting-of-the-Waters Creek and associated floodplain.

Existing Structures: The site is owned by the University of North Carolina. The western third of the site includes the existing substation electrical equipment, a gravel area for power pole storage and a 30” stormwater pipe with outfall in the floodplain.

The university granted Duke Energy an easement/right of entry to occupy the eastern two- thirds of the site, which is currently enclosed by chain link fencing. Electrical power is brought to the Duke Energy substation from the company’s power plants via overhead power lines to the substation transformer and switching equipment. From the Duke Energy transformer, power is delivered to the adjacent UNC-owned switchgear building and then distributed by UNC to the main campus and the hospital via an underground duct bank.

Access and Circulation: Vehicular access is from Old Mason Farm Road via a gated concrete access drive to the western site boundary which continues as a gravel drive into the site. No sidewalks or curb and gutter are present on Old Mason Farm Road. A 10-foot bicycle and pedestrian path is proposed along the south side of Old Mason Farm Road right-of-way as part of the recently approved North Carolina Botanical Garden Visitors Center development and ends at the UNC substation boundary where it connects to Old Mason Farm Road. A concrete pad on the south side of the proposed switchgear building is designated as a parking area and we believe the area can accommodate three vehicles.

Bus Stops: There are no bus stops on Old Mason Farm Road or on Fordham Boulevard in the vicinity of the North Carolina Botanical Garden. The closest bus stops are on NC 54 at Glen Lennox and on Manning Drive on the UNC campus.

Topography, Drainage, Vegetative Cover: The land is relatively flat to moderately sloping. Stormwater drains southward into the creek. The proposed site contains both Resource Conservation District and 100-year floodplain associated with the Meeting-of-the-Waters Creek. The site is also within the Watershed Protection District.

A berm along the Old Mason Farm Road frontage helps screen the view into the site from the road and contains an OWASA easement. Young pine trees grow on the berm on both sides of the easement. No existing tree stands or significant trees have been identified on the site.

Development Description

The applicant proposes to demolish an existing concrete slab with switchgear enclosures in need of repair. Concrete and gravel would be removed and reseeded with grass. A new 1,980 square foot single story building would be constructed to house electrical equipment.

The applicant proposes to revegetate existing gravel areas totaling about 0.75 acres just outside the current Special Use Permit boundary which encompasses 1.2 acres. Thus, with this application the applicant proposes to expand the Special Use Permit boundary to encompass 1.95 acres.

The proposed 26-foot tall single-story building would not be occupied but the equipment would be routinely serviced. The building would be flanked on the east and west with concrete landings and ramps. A loading dock is proposed on the back of the building and a concrete parking area for three vehicles would be provided on the south side.

Access will be provided by the existing driveway. An existing fence would be extended with a gate across the existing driveway to prevent public access to the proposed switchgear building. A security fence would extend from the existing Duke Energy fence to the proposed switchgear building, and a fence along the western site boundary would provide additional security.

Gravel areas, material storage areas, and access drives have been designed to reduce the extent of gravel and increase vegetation. The gravel areas behind the existing Duke Energy substation on the south would be removed.

The adjacent Duke Energy substation is proposing to replace existing equipment with new gas-insulated switchgear and to replace the existing substation transformer with a new one. No new buildings or expansion are planned for the Duke Energy portion of the substation on this UNC-owned property, so this is aspect of development is not included in the Special Use Permit Modification application.

Concept Plan / Special Use Permit Modification Application Comparison

The current Special Use Permit Modification plans for the electrical Substation have changed slightly from Concept Plan Review by the Town Council (June 21, 2004) and Community Design Commission (April 21, 2004). Minor modifications include relocation of the driveway/parking area, a reduction in the gravel area, and an increase in planted areas. A copy of Community Design Commission Summary Comments from the April 24, 2004 meeting and Council minutes from the June 21, 2004 meeting are attached to this report.

Ordinance Requirements

Zoning: The site is part of the University of North Carolina property that is zoned R-1. Some of the permitted uses in the Residential-1 (R-1) zoning district include single family dwellings, child and adult day care facilities, a primary or secondary school, a non-profit recreational facility, places of worship, and public use facilities.

To the north, across Old Mason Farm Road, is University of North Carolina property zoned Office/Institutional-2 (OI-2). Adjacent to the site on the east, land is zoned Industrial District (IND) and includes the Orange Water and Sewer Authority sewage treatment plant.

Intensity and Dimensional Standards: The proposed project meets the dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance for the Residential-1 (R-1) zoning district. The proposed one-story building would meet the setback requirements as well as the 29-foot primary and 40-foot secondary height requirements.

Land Use Plan: The Land Use Map, a component of the Comprehensive Plan adopted by the Council on May 8, 2000 (revised 2005), identifies this property as “University.”

Modifications to the Regulations: The Special Use Permit application does not comply with Sections 5.6.7 and 5.9.6 of the Land Use Management Ordinance regarding parking lot landscaping requirements. The applicant is asking for modifications to the regulations with respect to the parking lot shading, screening, and installation of a landscaped strip separating the parking area from the new building. The proposed modifications are discussed below.

Modifications to Parking Lot Landscaping Requirements

Staff considered the circumstances, the intent of landscaping requirements, and the nature of the development. The substation site will be partially screened by a landscaped buffer and berm along the Old Mason Farm Road frontage, and the new substation building will be located between the 3 proposed parking spaces and the road frontage, effectively screening the parking from most view angles from the road. In addition, only three service vehicles can be accommodated on the site at a given time, and service visits are expected to be infrequent. We recommend approval of the applicant’s request to modify the regulations to exclude parking lot landscaping requirements.

Modification of Regulations by the Council

The Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance. The Council could modify the regulations if it makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree. We believe that with respect to the applicant’s request to modify the parking lot landscaping regulations, the Council could make a finding that public purposes are satisfied to an equivalent or greater degree because a landscaped buffer will be provided along the Old Mason Farm Road frontage, and the infrequent parking of one to three service vehicles does not warrant parking lot shading, screening, and landscaped separation between parking and the new building.

The Council may deny the proposed modification of 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.

Transportation

Traffic Impact: The substation would not be occupied, but would receive routine service visits. No increase in the current number of vehicular trips is expected. This project was not required to provide a Traffic Impact Analysis. A copy of the 2004 Traffic Impact Analysis exemption, updated in 2008, is attached.

Bus Stops and Routes: No improvements to existing bus stops are proposed or recommended with this application.

Access, Parking Lot and Drive Aisles: We recommend that the driveways be paved from Mason Farm Road to the right-of-way line, and that the parking lot and drive aisles be gravel, but otherwise be constructed to Town standards, including 20-foot drive aisle widths.

Parking: Minimum parking requirements for a public service facility are not identified in the Land Use Management Ordinance. For uses not listed in the Land Use Management Ordinance, the minimum parking space requirements shall be determined by the Town Manager. The applicant is proposing a concrete area surrounded by gravel for parking. Based on the applicant’s experience in operating a public service facility and the anticipated need for service vehicle parking, we believe the proposed area for three parking spaces is reasonable.

Bicycle Parking: Minimum bicycle parking requirements for a public service facility are not identified in the Land Use Management Ordinance. For uses not listed in the Land Use Management Ordinance, the minimum bicycle parking requirements shall be determined by the Town Manager. The applicant is proposing routine service to the unoccupied building. We do not believe bicycle parking is needed on this site.

Transportation Management Plan: The applicant has not provided a Transportation Management Plan, nor do we believe that one is warranted with this application. We believe the infrequency of employee visits does not merit evaluation of alternative modes of transportation.

Landscaping and Architectural

Landscape Buffers: The property is part of the 100-acre UNC-owned property which includes the North Carolina Botanical Garden. For the substation site, property lines are not used in describing the construction limits, except on the Old Mason Farm Road property frontage.

Ordinance Section 5.6.3, “Location of Buffers,” requires buffers to be located along the interior or street lot lines nearest the adjacent streets, land uses, or zoning designations. In this case, the applicant has designated a Special Use Permit Modification boundary to describe the construction limits of this project. Because there are no property lines, no bufferyards are required along the western, eastern, and southern site boundaries. A 20-foot wide Type C landscape bufferyard is required along Old Mason Farm Road.

Old Mason Farm Road Buffer: An existing berm along Old Mason Farm Road contains a 30-foot OWASA sewer easement. Typically, all landscaping must be 15 feet away from the existing sanitary sewer lines. OWASA has indicated it intends to abandon its lines within the berm at some point in the near future. The location of new plantings will depend in part upon whether the sewer lines are still active, and the 15-foot “no plant” zone is still in effect, at the time of landscape installation.

An additional complication is that an 18-foot “no planting” zone around the electrical substation between the security fence and the base of the berm is imposed to prevent vegetation interference with electrical equipment.

If the OWASA lines are still active and the 15-foot “no plant” zone is still in effect at time of landscaping, this constraint, in combination with the electrical “no plant” zone will result in a strip about 9 feet wide available for planting for an Alternative Type C along Mason Farm Road.

We note that the applicant proposes to provide additional plantings on the berm to augment existing plantings and to thin aging pine trees that no longer contribute to an effective screen.

We have included a stipulation in Resolution A that calls for the Community Design Commission to review and approve an Alternative Buffer, if one is needed, prior to issuance of a Zoning Compliance Permit. This stipulation also calls for approval by and coordination with OWASA on the planting of the buffer.

Landscape Protection Plan: We recommend that a detailed Landscape Protection Plan which includes construction parking, materials staging/storage areas, Town standard landscaping protection notes, and a detail of protective fencing be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation in Resolution A to this effect.

Landscape Screening and Shading: Typically the parking area would need to be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. We note that there are only 3 vehicle spaces being provided, and the new substation building would screen the parking from most views from Mason Farm Road. In addition, the parking spaces would be used only infrequently, for service visits. The applicant is requesting a modification of the regulations to eliminate this requirement.

The parking area would also need to comply with the landscaping standards in Section 5.9.6 of the Land Use Management Ordinance that require parking spaces be shaded and that they be separated from the exterior wall of a structure by a buffer strip at least five feet in width. In this case, there are only 3 parking spaces, and these would be used infrequently, only during service visits. The applicant is requesting a modification of the regulations to eliminate the shading and separation requirements.

Given the low number of parking spaces and infrequent use of them, we believe the application of the parking lot screening, shading, and separation is inappropriate to this particular situation. We recommend approval of the modification of the regulations.

Building Elevations, Lighting Plan, and Alternative Buffer: We recommend that building elevations, a lighting plan, and alternative buffer be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We recommend that the Community Design Commission take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light on the site. We have included a stipulation to this effect in Resolution A.

Environment

Watershed Protection District: The proposed development is located in the Town’s Watershed Protection District but, according to state law, is not subject to the Town’s overlay regulations. The University of North Carolina reports to the State of North Carolina for compliance with Watershed Protection regulations. If applied to this site, Section 3.6.4 of the Land Use Management Ordinance would limit the impervious surface area (i.e., built-upon area). In calculating current and proposed impervious surface for the Ordinance stormwater management, impervious surface area existing as of July 1, 1993 can be deducted in accordance with the provisions of Section 3.6.4. On this site, the existing impervious surface area on site as of July 1, 1993 consists of gravel drives and parking areas, existing substation, and industrial structures.

Existing and Proposed Impervious Surface Data
	Gross Land Area	Existing Impervious Surface	Existing Pervious Surface	Proposed Impervious Surface
Area (Square Feet)	84,942	46,004 s.f.	38,788 s.f.	38,852 s.f.*
Percentage of Gross Land Area	100%	55%	45%	45% *

*prior to subtracting out the pre-1993 existing impervious surface

Section 3.6.4-1 of the Land Use Management Ordinance requires proposed development to comply with a 50% impervious surface limit. Without applying the deduction for pre-existing impervious surface, the applicant is proposing impervious surface area on the site of 45%, below the 50% high-density threshold. The applicant is proposing to reduce the amount of impervious surface by removing gravel areas and replacing with vegetation. (If the pre-existing impervious surface were to be subtracted out, the proposed impervious surface would be -15% (minus 15%)).

Resource Conservation District: Most of the site is within the Town’s Resource Conservation District. However, the university is not subject to these overlay regulations. The 100-year floodplain extends to within 25 feet of the south side of the Duke Power Substation crossing the existing gravel power pole storage area.

The facilities were built in accordance with a Special Use Permit approved in 1981, prior to the establishment of the Resource Conservation District. Although the applicant has stated the university’s intent to honor the regulations to the extent feasible, we note that the university is not subject to the Resource Conservation District Overlay Zone.

The proposal complies with Section 3.6 3(g)(1) of the Land Use Management Ordinance by showing the lowest floor elevation at least 18 inches above the Resource Conservation District elevation (elevation of 275 feet above sea level).

Stormwater Management: The applicant is proposing no increase to impervious surface or runoff rates. There is a net decrease in impervious area and the applicant is neither required, nor is proposing, to provide stormwater management for this site.

Erosion Control: The applicant is subject to the NC Department of Environment, Health, and Natural Resources Land Quality ordinance requirements. However, a permit is not required for land disturbance of less than one acre.

Utilities and Services

Refuse Management: The University of North Carolina conducts the review of the Solid Waste Management Plan for this project. We recommend that final plans confirm that no overhead obstruction or utility wires will interfere with service vehicle access or operation. We have included a stipulation to this effect in Resolution A.

Resolution A also stipulates that notes be added to the final plans indicating that clear wood waste, scrap metal and corrugated cardboard must be recycled; and that all haulers of construction waste must be properly licensed.

Utilities: No water or sewer service is planned for this development.

Except for three-phase power lines, the Ordinance requires that all new or relocated utility lines be located underground. We have included these standard stipulations in Resolution A.

Fire Hydrant Location: It is required that all new structures 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. The nearest fire hydrant location must be placed on the plans to ensure that it is within 500 feet of the building. We have included a stipulation to this effect in Resolution A.

Fire Alarm System: The applicant is providing an electronically monitored fire alarm system installed in the building to notify UNC Public Safety and the Town of Chapel Hill Fire Department if an alarm is activated by heat, fire or smoke. We have included a stipulation in Resolution A for a fire alarm system to be installed in the new building.

Fire Apparatus Access: It is required for all driveway entrances to be designed to meet the minimum unobstructed turning radii and provide a location for fire apparatus access. We recommend that, prior to the issuance of a Zoning Compliance Permit, the Town Manager review and approve the fire lane location, turning radii, and construction details. We have included a stipulation to this effect in Resolution A.

Miscellaneous

Construction Management Plan: We recommend that the applicant provide a Construction Management Plan, indicating how construction vehicle traffic will be managed, subject to approval by the Town Manager, prior to the issuance of a Zoning Compliance Permit.

Traffic and Pedestrian Control Plan: The movement of motorized and non-motorized vehicles on Old Mason Farm Road will be disrupted during construction. We recommend that a Traffic and Pedestrian Control Plan be prepared for pedestrian and vehicular travel during the construction of the building. We have included a stipulation in Resolution A to this effect.

Special Use Permit Findings

For approval of a Special Use Permit Modification, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:

(a) 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;

(b) That the use or development complies with all required regulations and standards of this Chapter, including all applicable provisions of the Land Use Management Ordinance;

(c) 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

(d) 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.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.

CONCLUSION

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal conforms with the Comprehensive Plan.

Resolution A would approve the application with conditions. Resolution B would deny the application.