ATTACHMENT 2

ATTACHMENT 2

ORIGINAL STAFF REPORT TO ADVISORY BOARDS

Some of the circumstances and/or recommendations in the original Staff Report, reviewed by Advisory Boards, have changed. Please refer to the Staff Report Update (Attachment 1) for detailed discussion of changes to recommendations. The changes in the Staff Report are noted by underlines and strikeouts for inserted and deleted text respectively.

STAFF REPORT

Subject: University of North Carolina Cogeneration Facility - Application for Special Use Permit Modification (File No. 7.92.H.2, PIN #9788-14-5406)

Date: August 17, 2005 (Community Design Commission)

August 23, 2005 (Bicycle and Pedestrian Advisory Board)

September 6, 2005 (Planning Board)

September 6, 2005 (Transportation Board)

INTRODUCTION

We have received a request for approval of a Special Use Permit Modification to upgrade power generation capabilities at the University of North Carolina Cogeneration Facility. The 11.5-acre site is located on the south side of West Cameron Avenue between Merritt Mill Road and the 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 5 new buildings to house equipment. There is currently 89,664 square feet of floor area 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).

BACKGROUND

June 23, 1986 The Town Council approved a Special Use Permit for the University to construct the replacement Cogeneration Facility.

October 1988 Construction of the replacement Cogeneration Facility began in October of 1988 and was completed in June 1993.

June 22, 1998 The Town Council approved a Special Use Permit Modification for the University of North Carolina Cogeneration Facility to construct a back-up boiler identified as boiler #8.

May 15, 2000 The Town Council approved a Special Use Permit Modification to replace the two coal silos.

May 19, 2004 A Concept Plan review of this application was conducted by the Community Design Commission (see attached summary).

June 21, 2004 A Concept Plan review of this application was conducted by the Town Council (see attached minutes).

November 3, 2004 Applicant submits Special Use Permit Modification application to add a new generator, upgrade an existing generator and replace a cooling tower.

EVALUATION

The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offers the following evaluation.

Existing Conditions

Location: The 11.51-acre site is located on the south side of West Cameron Avenue between Merritt Mill Road and the Cameron Glen Subdivision. The south side of the site has frontage on McCauley Street. The Cogeneration Facility site is surrounded on all sides by primarily single-family residential neighborhoods. A utility corridor and railroad spur are also located to the east of this site. The site is located within the Town’s Industrial (I) and Residential-4 (R-4) zoning districts.

Existing Structures: There are currently six existing buildings on the site including the turbine generator building #3, the Joshua Gore Administration Building, the ash silo building, the boiler building, the coal unloading building, and the office/woodworking shop, with a total of 89,664 square feet of floor area. There are also a number of additional structures including the Duke Power University Substation, three transmission towers, coal silos #1 and #2, long term coal storage facility, fuel oil tanks #1 and #2, a bucket elevator, and two stacks.

The text immediately below has been changed from the original Staff Report.

Vehicular Access: There are 4 points of vehicular access from the West Cameron Avenue frontage on the northern site boundary. There is are also a two ~~single~~ limited-access utility entrances from the McCauley Street frontage.

Vehicular Parking: There are currently 128 vehicular parking spaces on-site.

Pedestrian Circulation: There is a sidewalk along the West Cameron Avenue frontage of the site as well as pedestrian walkways and drive-aisles internal to the site.

Bus Stops, Routes: The CM and RU routes service the University of North Carolina Cogeneration Facility site. Both of these bus routes stop near the intersection of West Cameron Street and Merritt Mill Road, providing access to the site.

Topography, Drainage, Vegetative Cover: This site has average slopes of less than 5 percent. The site generally slopes down from north to south and from west to east.

Stormwater runoff is currently managed by two stormwater retention facilities, in the southwest corner of the site and in the eastern part of the site. The site is located inside the Watershed Protection District. No portion of the site lies within the Federal Emergency Management Agency (FEMA) 100-year floodplain or the Resource Conservation District.

~~It is believed that t~~There are several specimen trees, in the northeast corner of the site.~~, however existing trees haven’t been identified on plans by the applicant. We anticipate that the applicant will distribute an up to date Landscape Plan for upcoming advisory board meetings.~~

Development Description

The text immediately below has been changed from the original Staff Report.

The applicant is proposing to add five new buildings with 27,472 square feet of floor area, new cooling towers as well as a screening wall, which will face Merritt Mill Road. The five proposed buildings include a building for proposed turbine generator #4, a building to house the existing ~~Duke Power University Substation~~ switchgear equipment, a gas-insulated switchgear building, two additional cooling towers, which encompass a water treatment/electrical building, a screening wall, and a storage building. The proposed post-development site will be comprised of 10 buildings and 117,136 square feet of floor area.

The applicant is not proposing to increase the existing number of 128 vehicular parking spaces. The applicant is proposing to increase the existing number of 10 bicycle parking spaces to 13 with this application.

The applicant is proposing two infiltration trenches, located in the central and southern parts of the site, for managing increased stormwater runoff associated with the proposed expansion, in addition to the two existing stormwater retention ponds.

Concept Plan / Special Use Permit Modification Application Comparison

The University offers the following clarifications for differences between the Concept Plan Reviews and the Special Use Permit Modification application. The proposed floor area increased from 16,272 square feet to 27,472 square feet. The 11,200 square-foot difference in proposed floor area can be attributed to the addition of a storage building in the southern part of the site, near McCauley Street. Additionally, the existing and proposed impervious surface contained in the Concept Plan application was simply an error by the University consultant. The correct impervious surface information was provided with the Special Use Permit application and is shown in the comparison table below.

Concept Plan / Special Use Permit Modification - Comparison

	Type of Review
	Concept Plan Review: Community Design Commission May 19, 2004	Concept Plan Review: Town Council June 21, 2004	Special Use Permit Modification Review: June-July 2005
Proposed Floor Area	16,272 s.f.	16,272 s.f.	27,472 s.f.
Existing Impervious Surface	223,000 s.f.	223,000 s.f.	325,809 s.f.
Total Impervious Surface	239,272 s.f.	239,272 s.f.	330,387 s.f.

Ordinance Requirements

Zoning: The Cogeneration Facility is classified as a Public Service Facility and about 70% of the site is located in the Industrial (I) zoning district with the remainder of the site in the Residential-4 (R-4) zoning district. The adjacent zoning is Residential-3 (R-3) on the western, northern, and eastern boundaries of the site and Residential-4 (R-4) on the southern boundary.

Some of the permitted uses in the Industrial (I) zoning district include manufacturing, wastewater treatment, and automotive repair. The Residential-3 (R-3) zoning district permits residential uses, places of worship, recreation facilities, and schools.

The text immediately below has been changed from the original Staff Report.

This proposal meets zoning requirements except for minimum setback, maximum heights, and minimum landscape buffers. ~~The applicant is requesting~~ mModifications to regulations are being requested for the minimum setback, the maximum primary and secondary heights for two buildings, floor area, and the minimum landscape buffer width. Please see Modifications to Regulations section for additional detail.

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 Industrial (I) and Residential-4 (R-4) zoning districts except for those elements of the proposal ~~for which the applicant is requesting modification to regulations,~~ as discussed in the next section, Modifications to Regulations.

The text immediately below has been changed from the original Staff Report.

Modifications to Regulations

The applicant is requesting ~~five~~ modification to regulations from the Land Use Management Ordinance and the Town Manager is recommending additional modification. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, if a public purpose finding can be made.

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 variable-width 20 11-26 foot street setback on northern property line, on the West Cameron Street frontage, ~~for~~ to accommodate 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.

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. We recommend approval of this modification, permitting the applicant to have a variable-width 20 11-26 foot street 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 (Industrial Zoning District): 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.

We believe that the applicant’s request to modify height regulations in Article 3.8 of the Land Use Management Ordinance to allow a taller building to house the proposed turbine generator #4 is reasonable. The applicant is requesting that the proposed 70-foot turbine generator building #4 be permitted to exceed the maximum secondary height of 50 feet by 20 feet. We recommend approval of this modification to height regulations. The proposed structure would match the height of the existing building housing turbine generator #3. 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. Height Regulations (Residential-4 Zoning District): 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 8 feet from the setback line, permitting it to be 38 feet tall at that point, therefore requiring the 21.5-foot modification to regulations.

We believe that the applicant’s request to modify height regulations in Article 3.8 of the Land Use Management Ordinance to allow the 59.5-foot tall storage building is reasonable, thereby exceeding primary and secondary height limitations. We recommend approval of this modification to height regulations. 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.

4. 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.

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 a required to upgrade an existing public service facility.

5. 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 eastern boundary. No new development is proposed in the eastern buffer area and the applicant has not requested modification from regulations in the non-complying eastern landscape bufferyard. We recommend modification from regulations for the eastern landscape bufferyard. Portions of the landscape buffer currently have variable widths, from 0 to 40 feet.

6. Landscape Buffer Regulations: Article 5.6 of the Land Use Management Ordinance requires that 20-foot wide Type ‘C’ landscape buffers 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 western boundary. No new development is proposed in the western buffer area and the applicant has not requested modification from regulations in the non-complying western landscape buffer. We recommend modification from regulations for the western landscape buffer for this existing condition. Portions of the landscape buffer currently have variable widths, from 3 to 20 feet.

Modification to Regulations: 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 and believe that these recommendations are reasonable. These buffers were originally part of the 1986 Special Use Permit approval for the replacement cogeneration facility. 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.

Transportation Issues

Traffic Impact: This development proposal was exempted from the Traffic Impact Analysis requirement. The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager if all of the following conditions are met:

a) Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500);

b) No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road;

c) The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road;

d) The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/bicycle analysis, if applicable; and

e) The Town Manager concurs with the request.

This development proposal met all of the above required criteria for a Traffic Impact Analysis waiver (Attachment 11).

The text immediately below has been changed from the original Staff Report.

Vehicular Access: Access to the Cogeneration Facility is provided from four driveways along West Cameron Avenue. There is are also a two ~~single~~ limited-access utility entrances from the McCauley Street frontage. No changes are proposed for vehicular access, circulation or number of parking spaces on this site.

Vehicular Parking: The Land Use Management Ordinance does not require a minimum number of parking spaces for a public service facility. The applicant is not proposing any changes to the existing 128 parking spaces. This proposal complies with the Land Use Management Ordinance minimum parking requirements.

Bicycle Parking: The Ordinance requires 13 bicycle parking spaces and the applicant is proposing a bicycle rack with 13 4 bicycle parking spaces in addition to the 10 existing spaces, for a total of 14 spaces. We recommend that the applicant provide the proposed bicycle spaces according to standards in the Town’s design manual, with Class I and Class II spaces. We have included a stipulation to this effect in Resolution A.

Pedestrian Circulation: The applicant is not proposing to substantially change pedestrian circulation on the site.

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

Landscaping and Architectural Issues

Significant Tree Stands: No significant tree stands have been identified on the plans submitted by the applicant. ~~The applicant has indicated, however, that they will provide a detailed Landscape Protection Plan and Landscape Plan at the advisory board meetings.~~

Specimen Trees: We believe that tThere are several specimen trees, in the northeast corner of the site The applicant has indicated that they will be providing a more detailed Landscape Protection Plan provided by the applicant. and Proposed Landscape Plan at the advisory board meetings. We continue to recommend that the applicant show all rare and specimen trees, including critical root zones, on the Site Plan and Landscape Protection Plan, particularly within 50 feet of any proposed construction. There are approximately twelve rare and specimen trees around the proposed gas insulated switchgear building and transformers, along the West Cameron Avenue frontage. The applicant is proposing to remove a 54-inch oak and 20-inch oak where these buildings are proposed and to protect the other ten trees. We have included a stipulation to this effect in Resolution A.

Buffers and Landscaping: The table below outlines the minimum landscape buffers requirements for the site and the buffers proposed by the applicant.

Landscape Buffers
Location	Ordinance Requirement (Min.)	Proposed Buffers
Northern Property Line (West Cameron Avenue Frontage)	20 ’ Type ‘C’ External Buffer	Variable Width, 5-15 Foot Type ‘C’ External Alternative Buffer
Eastern Property Line (Towards Cameron Glen Subdivision)	20’ Type ‘C’ Internal Buffer	Variable Width, 0-40 Foot Type ‘C’ Internal Buffer (Modification to Regulations)
Southern Property Line (McCauley Street Frontage)	20’ Type ‘C’ External Buffer	Variable Width, 20-35 Foot Type ‘C’ External Buffer
Western Property Line (Towards Merritt Mill Rd.)	20’ Type ‘C’ Internal Buffer	Variable Width, 3-20 Foot Type ‘C’ Internal Buffer (Modification to Regulations)

A 20-foot type “C” external buffer is required along the West Cameron Avenue frontage (northern property line) of the site. The applicant is proposing a variable width, 5-15 foot ‘Type C’ alternative buffer by extending an existing fence along West Cameron Avenue, between the proposed gas insulated switchgear building and the West Cameron Avenue right-of-way. The applicant argues that the proposed location of the switchgear building, in the landscape buffer area, is constrained by the location of the existing Duke Power Substation and the related infrastructure that will connect the two buildings. We recommend that a 5 to 15-foot type “C” alternative buffer be provided along the West Cameron Avenue frontage, subject to approval by the Community Design Commission. We have included a stipulation for this alternative buffer in Resolution A.

A 20-foot type “C” internal buffer is required along the eastern boundary of the site. ~~The applicant is requesting~~ We are recommending a modification to regulations for the existing, variable width, 0 to 40-foot landscape buffer. The buffer on this boundary of the site is interrupted for approximately 70 feet where railroad tracks pass through the site. This is the means by which coal is delivered to the facility. We recommend approval of this modification to landscape buffer requirements for this existing buffer. Please refer to the Modifications to Regulations section for additional detail.

A 20-foot type “C” external buffer is required along the southern, McCauley Street frontage of the site. The applicant is proposing a 20 to 35-foot landscape buffer along this frontage, which more than complies with landscape buffer requirements. We have included a stipulation to this effect in Resolution A.

A 20-foot type “C” internal buffer is required along the western boundary of the site. ~~The applicant is requesting~~ We are recommending a modification to regulations for the existing, variable width, 3 to 20-foot landscape buffer. We recommend approval of this modification to landscape buffer requirements for this existing buffer. Please refer to the Modifications to Regulations section for additional detail. Please refer to the Modifications to Regulations section for additional detail.

We recommend that a detailed Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan must include a detail of protective fencing and construction parking and materials staging/storage areas. This plan must also show all critical root zones of rare and specimen trees affected by proposed construction, indicate which trees are proposed for removal, and where tree protection fencing and/or silt fencing will be installed along all construction limit lines. We have included a stipulation to this effect in Resolution A.

We recommend that detailed landscape plans (including buffers), landscape maintenance plans, and parking lot shading requirements 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 plantings. We have included a stipulation to this effect in Resolution A.

We recommend 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 screening plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

We recommend that the applicant provide a Parking Lot Shading Plan, demonstrating compliance with Town shading requirements, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

We also recommend that the applicant comply with Town parking landscaping standards in Section 5.9.6(d) of the Land Use Management Ordinance. The shading plan shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

We recommend that the proposed landscape buffers remain undisturbed and no stormwater control structures be placed in the buffers. We have included a stipulation to this effect in Resolution A.

The text immediately below has been changed from the original Staff Report.

Building Elevations and Lighting Plan: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. We also 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. ~~portion of the main site where new development is proposed as well as employee parking lot.~~ We recommend that the applicant retrofit existing lights, as appropriate, to achieve compliance with the lighting standards of the Land Use Management Ordinance. We have included a stipulation to this effect in Resolution A.

ENVIRONMENTAL ISSUES

Watershed Protection District: The proposed development is located in the Watershed Protection District. Impervious surface area (e.g. built-upon area) is restricted in the Watershed Protection District by Section 3.6.4 of the Land Use Management Ordinance. The Watershed Protection District is that portion of the New Hope Watershed that drains to Jordan Lake.

Existing impervious surface area as of July 1, 1993 can be deducted by the provisions of Section 3.6.4 of the Land Use Management Ordinance, thereby exempting impervious surface that existed as of this date. The existing impervious surface area on site as of July 1, 1993 was 325,809 square feet and is not included in impervious surface calculations (see table immediately below). The proposed impervious surface is calculated as a percentage of existing pervious surface area as of July 1, 1993, which is 175,435 square feet. The proposed impervious surface with this Special Use Permit application is 4,578 square feet, or 2.6% of existing pervious surface.

Existing and Proposed Impervious Surface Data
	Gross Land Area	Existing Impervious Surface	Existing Pervious Surface	Proposed Impervious Surface
Area (Square Feet)	501,244 s.f.	325,809 s.f.	175,435 s.f.	4,578 s.f.
Percentage of Gross Land Area	100%	65% (Percentage of Gross Land Area)	35% (Percentage of Gross Land Area)	2.6% (Percentage of Existing Pervious Surface)

Section 3.6.4-1 of the Land Use Management Ordinance requires proposed development to comply with either a low density option (24% impervious surface limit) or a high density option (50% impervious surface limit). The low-density option does not require structural stormwater controls whereas the high-density option does require structural stormwater controls. The applicant is proposing to increase impervious surface area on the site 2.6%, well below the 24% low density threshold, and therefore is not required to provide structural stormwater controls.

Floodplain: The 1983 Federal Emergency Management Agency (FEMA) Floodplain Map does not identify any portion of this site as being in the 100-year floodplain.

Resource Conservation District: There is not Resource Conservation District on the site as associated with the presence of perennial stream channels or as related to an elevation of 3 feet above the 100-year floodplain. The Town conducted an on-site inspection and determined that there were no streams on the site.

The text immediately below has been changed from the original Staff Report.

Stormwater Management: The applicant is proposing to manage stormwater associated with the proposed development by constructing an two infiltration trenches in addition to the two existing stormwater retention ponds. The infiltration trenches are proposed to be located near the Gore Building and the Boiler Building, near the center of the site. The two stormwater ponds are located in the southwestern and southeastern parts of the site and the infiltration trench is proposed to the west of the Joshua Gore Administration Building.

We believe, based on the preliminary information submitted by the applicant, that the proposed stormwater management facility design will comply with the Land Use Management Plan stormwater standards for rate, quality and volume. We recommend that, prior to the issuance of a Zoning Compliance Permit, the applicant submit a Stormwater Management Plan for review and approval by the Town Manager. We have included a stipulation to this effect in Resolution A.

The Stormwater Management 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. We have included a stipulation to this effect in Resolution A.

Erosion Control: We recommend that a Soil and Erosion Control Plan for the site be approved by the NC Department of Environment, Health, and Natural Resources and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. This stipulation is included in Resolution A.

UTILITIES AND SERVICE ISSUES

Refuse Management: The University of North Carolina manages its own refuse and recycling facilities.

Utilities: The Ordinance requires that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, Public Service Company, BellSouth, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. 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. We have included a stipulation to this effect in Resolution A.

Fire Sprinklers and Fire Department Connections (FDC’s): It is required to install an automatic fire sprinkler system for buildings that meets 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.

Furthermore, any buildings requiring sprinklers must have FDC’s clearly indicated on Final Plans, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Fire Apparatus Access: It is required for all driveway entrances to be designed to meet the minimum unobstructed turning radii for fire apparatus access. We have included a stipulation to this effect in Resolution A.

Fire Flow Report: It is required ~~for~~ that the applicant provide a fire flow report, sealed by a professional engineer, to be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, for all proposed fire hydrants. We have included a stipulation to this effect in Resolution A.

MISCELLANEOUS ISSUES

Traffic and Pedestrian Control Plan: We recommend that a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public streets (maintained and operated by the Town or the NCDOT) that will be disrupted during construction, including detour information and a Pedestrian Management Plan indicating how pedestrian movements on or adjacent to public rights-of-way will be safely maintained be reviewed and approve by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Comprehensive Plan: The adopted Land Use Plan classifies the site as “University” and the underlying zoning district is Industrial (I), thereby permitting the cogeneration facility use.

Phasing Plan: The applicant has projected that the proposed development will occur in five phases over approximately six years (See Attachment 7). It is required for the applicant to provide a phasing plan for the proposed development and we have included a stipulation to this effect in Resolution A.

SPECIAL USE PERMIT FINDINGS

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

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;

2. 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;

3. 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

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.

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

CONCLUSION

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

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