AGENDA #7
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: University of North Carolina Cogeneration Facility - Application for Special Use Permit Modification (File No. 7.92.H.2, PIN #9788-14-5406)
DATE: November 21, 2005
INTRODUCTION
Tonight, the Council continues the Public Hearing from November 9, 2005, regarding a Special Use Permit Modification application to upgrade power generation capabilities at the University of North Carolina Cogeneration Facility. The Cogeneration Facility provides electrical and steam energy to the UNC campus. The 11.5-acre site is located on the south side of West Cameron Avenue between Merritt Mill Road and 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 five new buildings to house equipment. 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).
MANAGER’S RECOMMENDATION
Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit Modification application. We recommend that the Council adopt Resolution A, approving the application with conditions.
BACKGROUND
On September 19, 2005, the Council held a Public Hearing on the University of North Carolina Cogeneration Facility Special Use Permit Modification. Council members expressed concern about a number of issues related to noise, light, and emissions. The Public Hearing was continued to November 9, 2005. At that meeting the Council asked the staff to return with a response to comments and continued the Public Hearing to November 21, 2005.
Materials from the November 9 meeting and responses to comments at the meeting are attached.
COMMENTS FROM NOVEMBER 9, 2005
Comments made at the November 9 Public Hearing related to the development proposal are below. Additional questions raised at the Public Hearing, with responses, are in Attachment 1, page 15.
1. A citizen commented that the Cogeneration Plant should be able to comply with the current Noise Ordinance during everyday operations. The citizen asked that the Town Council include such a stipulation in the new Special Use Permit.”
Comment: The applicant is already required to comply with the current Noise Ordinance as specified by the following stipulation from the May 15, 2000 Special Use Permit:
· Noise Control: That the development comply with the Town’s Noise Control Ordinance, as now constituted in Section 11-37 et. seq. of the Code of Ordinances and as amended in the future.
We recommend this stipulation be included in the pending Special Use Permit Modification. Stipulation 2 in Resolution A of the proposed Special Use Permit Modification requires that the terms and conditions of the May 15, 2000 Special Use Permit Modification remain in effect, thereby including the above stipulation.
The University has volunteered to provide a comparative acoustical analysis before and after the proposed construction that will verify the change in noise levels on the site and compliance with the Noise Ordinance. A stipulation to this effect has been included in Resolution A.
The Police Department has not received any noise complaints associated with the Cogeneration Facility during the past year.
2. A citizen commented that they would like a stipulation included in Resolution A that would not allow future cogeneration facility expansions.
Comment: Council members asked University representatives about future plant expansion plans and the University responded that there are none at this time. However, University representatives said that they did not believe it was reasonable to guarantee no plant expansions in perpetuity. We believe that this response is reasonable.
SUMMARY
We have attached a resolution that includes standard conditions of approval as well as special conditions that we recommend for this application. With these conditions, and modification of regulations, we believe that the Council could make the four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
RECOMMENDATIONS
Manager’s Recommendation: Based on our evaluation of the application, with the stipulations in Resolution A, we believe that the application complies with the standards and regulations of the Land Use Management Ordinance. Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit application with the requested modifications of the regulations. We recommend that the Council adopt Resolution A, approving the application with conditions.
Resolution B would approve the application as recommended by the Planning Board, Transportation Board, Community Design Commission, and the Bicycle and Pedestrian Advisory Board.
Resolution C would deny the application.
ATTACHMENTS
1. Additional questions raised at the November 9 Public Hearing with Staff Comment (p. 15).
3. Materials Distributed at the November 9, 2005 Public Hearing (p. 35).
4. November 9, 2005 Public Hearing Memorandum and related attachments (p. 75).