ATTACHMENT 5

RESOLUTION B

                                                             (Denying the Special Use Permit Modification Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY OF NORTH CAROLINA COGENERATION FACILITY

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:

1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Would not comply with all required regulations and standards of Land Use Management Ordinance;

3. Would not be a public necessity;

4. Would not conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Town Council hereby denies 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:

                                  (INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for the University of North Carolina Cogeneration Facility as proposed by the University of North Carolina.

This is the______day of__________________, 2005.