ATTACHMENT 3

RESOLUTION A
(Approving the Special Use Permit Modification Application)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY OF NORTH CAROLINA SOUTH ELECTRICAL SUBSTATION

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 for the South Electrical Substation on property identified as a portion of Orange County Parcel Identifier Number 9788-54-5304 if developed according to the site plans dated June 11, 2007 and Landscape Plans dated October 1, 2007, 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 located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and 
  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 that the Town Council of Chapel Hill finds that, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

  1. Modification of Sections 5.6.7 and 5.9.6 of the Land Use Management Ordinance, to delete the requirements for parking lot landscaping, including screening, shading, and landscaped separation between the parking spaces and the building.

This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because only one to three service vehicle parking spaces are proposed on the site; service visits are expected to be infrequent; the new substation building will screen the parking from most views from Old Mason Farm Road; and a landscaped buffer and berm are proposed to screen the substation site from view along Old Mason Farm Road.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the University of North Carolina South Electrical Substation in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

  1. That construction begin                                            (two years from approval date) and be completed by                     (four years from approval date).
  2. Relationship to March 9, 1981 Special Use Permit: This approval modifies the terms of the Special Use Permit approved by the Town Council on March 9, 1981. Except as specifically authorized or modified by this document, the terms and conditions of the Special Use Permit Resolution, as adopted by the Council on March 9, 1981, remain in effect.
  3. Land Use Intensity: This Special Use Permit Modification authorizes a public service facility (electrical substation) with land use intensity requirements and dimensional standards as specified below:

    4. Land Use Intensity

    Gross Land Area

    84,942 SF

    Total # of Buildings

    1

    New Impervious Surface Area

    1,980 SF

    Minimum # of Parking Spaces

    3

    Transportation

  4. Access, Parking Lot, and Drive Aisles:  That the driveways shall be paved from Mason Farm Road to the right-of-way line.  The vehicle travel areas shall be gravel, except for the concrete pad to accommodate the parking of 3 vehicles.  Otherwise, the parking area and drive aisles shall be constructed to Town standards, including 20-foot access and drive aisle widths.

    5. Landscaping and Architecture

  5. Required Buffers: That the applicant shall provide the following landscape buffer:

    6. Location

    Required Buffers

    North Property Line – Old Mason Farm Road frontage

    Minimum 20 foot Type ‘C’ Buffer


    The applicant shall either provide the minimum required buffer along Old Mason Farm Road or obtain approval for an alternative bufferyard from the Community Design Commission prior to issuance of a Zoning Compliance Permit.

    Planting of the bufferyard shall be coordinated with and approved by the Orange Water and Sewer Authority, whose sewer lines are located within the bufferyard, if those sewer lines are still active and there are restrictions on planting.

  6. Tree Protection Fencing: That tree protection fencing be installed along the limits of all land disturbance, and that the location of this fencing be shown on the Landscape Protection Plan, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
  7. Landscape Protection Plan: That a detailed Landscape Protection Plan, including a 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.
  8. 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, and location of all proposed buffers as well as the limits of land disturbance and tree protection fencing.
  9. Building Elevations: That the Community Design Commission approve building elevations for the substation building, prior to issuance of a Zoning Compliance Permit.
  10. Lighting Plan: That the Community Design Commission and Town Manager 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 spillage of light.

    11. Resource Conservation District and Floodplain

  11. Resource Conservation District:  That though the university is not subject to the Resource Conservation District Overlay Zone, the proposal shall, to the degree feasible, meet all standards for development within the Resource Conservation District, including the lowest floor elevation of the building shall be placed at least 18 inches above the Resource Conservation District elevation and in such a manner as not to adversely impede the flow of waters.

    12. Environment

  12. State or Federal Approvals: That any required State or Federal permits must be approved by the appropriate agencies and copies of approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
  13. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

    14. Water, Sewer, and Other Utilities

  14. Stormwater Report:  That the applicant shall provide a copy of the stormwater report with an original signature prior to issuance of a Zoning Compliance Permit.
  15. Overhead Obstruction/Utility Lines: That the final plans include details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
  16. Burial of Overhead Utility Lines:  That except for three phase electrical distribution lines, all new and relocated 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.
  17. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Energy, Orange Water and Sewer Authority, AT&T, Public Service Company, and the Town Manager prior to issuance of a Zoning Compliance Permit. 

    18. Fire Safety

  18. Fire Hydrant Location: That a fire hydrant shall be located within 500 feet of the new building and all hydrants shall be shown on the Final Plans, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit. 
  19. Fire Alarm System: That an electronically monitored fire alarm system be installed in the new building to notify both the Town of Chapel Hill and UNC Public Safety.
  20. Fire Apparatus Access: That all driveway entrances shall be designed to meet the minimum unobstructed turning radii and fire lane location(s) standards for fire apparatus access. That prior to issuance of a Zoning Compliance Permit, the Town Manager review and approve the fire lane location, turning radii, and construction details.

    21. Miscellaneous Issues

  21. Construction Traffic Management Plan: That a Construction Management Plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.  The Construction Management Plan shall: 1) indicate how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures.
  22. Traffic and Pedestrian Control Plan: That a Traffic and Pedestrian Control Plan be prepared for vehicular and pedestrian travel during construction of the building.
  23. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
  24. Construction Waste: That all clean wood waste, scrap metal, and corrugated cardboard be recycled; and all haulers of construction waste must properly licensed.
  25. 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.
  26. As-Built Plans: That as-built plans in DXF 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.
  27. 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.
  28. Detailed Plans:  That final detailed sit plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), landscape plans, and landscape maintenance plans be approved by the Town Manager before issuance of a Zoning Compliance Permit, and that such plans conform to plans approved by this application and demonstrate compliance with all applicable regulations and the design standards of the Land Use Management Ordinance and the Design Manual.
  29. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
  30. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the University of North Carolina for the South Electrical Substation Special Use Permit Modification application in accordance with the plans and conditions listed above.

This the___ day of ____, 2008.