RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNIVERSITY OF NORTH CAROLINA COGENERATION FACILITY (2005-11-21/R-18a)
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 and landscape plan dated August 17, 2005, 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 a public necessity;
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 by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy public purposes to an equivalent or greater degree:
1. Modification of Article 3.8 of the Land Use Management Ordinance setback regulations, to allow a 20-foot street setback on the West Cameron Avenue frontage of the site.
2. Modification of Article 3.8 of the Land Use Management Ordinance height regulations, to allow turbine generator building #4 to be constructed to a maximum height of 70 feet and to allow the proposed storage building to be constructed to a maximum height of 59.5 feet and exceed the primary and secondary height limits.
3. Modification of Article 3.8 of the Land Use Management Ordinance floor area regulations, to allow the proposed maximum floor area on site to be 117,136 square feet.
4. Modification of Article 5.6 of the Land Use Management Ordinance landscape buffer regulations, to allow a variable width landscape buffer (from 0 to 40 feet) on the eastern boundary of the of the site and to allow a variable width landscape buffer (from 3 to 20 feet) on the western boundary of the of the site.
This finding is based on a determination that public purposes are satisfied to an equivalent or greater degree because the above requested modifications to regulations are required to upgrade an existing public service facility.
BE IT FURTHER RESOLVED that the Town Council hereby approves 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:
Stipulations Specific to the Development
1. That construction begin by November 21, 2007 and be completed by November 21, 2013.
2. Relationship to May 15, 2000 Special Use Permit Modification: This approval modifies the terms of the Special Use Permit Modification approved by the Town Council on May 15, 2000. Except as specifically authorized or modified by this document, the terms and conditions of the Special Use Permit Modification Resolution, as adopted by the Council on May 15, 2000, remain in effect.
3. Land Use Intensity: This Special Use Permit Modification authorizes the public service facility, University of North Carolina Cogeneration Facility for the purpose of generating electrical and steam energy and land use intensity requirements and dimensional standards as specified below:
|
Land Use Intensity |
|
|
Net Land Area |
501,244 s.f. |
|
Total # of Buildings |
10 (5 existing buildings) and associated structures |
|
Maximum Floor Area |
117,136 s.f. |
|
Maximum Impervious Surface Area |
330,387 s.f. |
|
Maximum # of Parking Spaces Proposed |
128 (all existing spaces) |
|
Minimum # of Bicycle Spaces |
14 (10 existing spaces) |
4. Bicycle Parking: That the applicant shall provide four Class II bicycle parking spaces by installing two ‘U’ shaped racks, in a publicly accessible place, near the Gore Building.
5. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.
Stipulations Related to Landscaping and Architectural Issues
6. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
|
Location |
Required Landscape Buffers |
|
Northern Property Line (West Cameron Avenue Frontage) |
Variable Width, 5-15 Foot Type ‘C’ External Alternative Buffer |
|
Eastern Property Line (Towards Cameron Glen Subdivision) |
Variable Width, 0-40 Foot Type ‘C’ Internal Buffer (Modification to Regulations) |
|
Southern Property Line (McCauley Street Frontage) |
Variable Width, 20-35 Foot Type ‘C’ External Buffer |
|
Western Property Line (Towards Merritt Mill Rd.)
|
Variable Width , 3-20 Foot Type ‘C’ Internal Buffer (Modification to Regulations) |
7. West Cameron Avenue Frontage Landscape Buffer: That the applicant shall provide a variable width, 5-15 foot Type “C” external alternative buffer along the West Cameron Avenue frontage of the site, subject to Community Design Commission and Town Manager approval, prior to issuance of a Zoning Compliance Permit.
8. Eastern Property Line Landscape Buffer: That the applicant shall provide a variable width, 0-40 foot Type “C” internal buffer along the western property line, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
9. McCauley Street Frontage Landscape Buffer: That the applicant shall provide a variable width, 20-35 foot Type “C” external buffer along the McCauley Street frontage of the site, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
10. Western Property Line Landscape Buffer: That the applicant shall provide a variable width, 3-20 foot Type “C” internal buffer along the western property line of the site, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.
11. Alternative Buffers: That alternative landscape buffers shall be approved by the Community Design Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.
12. Specimen Tree Protection: That the applicant shall protect all specimen trees specified for preservation on the landscape protection plan, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
13. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, 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.
14. 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, the location of all proposed plantings and landscape buffers, as well as the limits of land disturbance and tree protection fencing.
15. Parking Lot Landscape Screening: 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 landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
16. Parking Lot Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Parking Lot Shading Plan must be submitted and approved by the Town Manager in accordance with the provisions of Article 5.9 of the Land Use Management Ordinance.
17. Building Elevations: That the Community Design Commission approve building elevations, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.
18. Lighting Plan: That the Community Design Commission shall 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 light spillage. All proposed lighting shall achieve compliance with the lighting standards of Land Use Management Ordinance.
Stipulations Related to Environmental Issues
19. Acoustical Comparative Analysis: That the applicant shall provide a comparative acoustical analysis with sound measurements made to assess the noise generated by the Cogeneration Facility. Measurements shall be made with appropriate instruments and measuring techniques at the property lines of the site during daytime and nighttime, 1) before development, with existing conditions, and 2) after development is complete. The applicant shall provide a report of the comparative analysis findings to the Town Manager after the assessment is complete, no later than 3 months after the completion of construction.
20. Cogeneration Facility Air Emissions Inventory: That the applicant shall post the annual Cogeneration Facility Air Emissions Inventory on the University of North Carolina Energy Services website, noted on its main page (currently at http://www.energy.unc.edu/Cogeneration/), retain inventories of prior years on the website, and provide each years’ annual inventory to the Town on electronic media, such as a CD.
21. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance Permit the applicant shall submit a Stormwater Management Plan for review and approval by the Town Manager. The plan shall include low-impact stormwater management solutions and best management practices, such as bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.
The 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.
22. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit.
23. State or Federal Approvals: That any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.
24. Erosion Control: That a soil erosion and sedimentation control plan be approved by the North Carolina Department of Environment, Health and Natural Resources and a copy of the approval be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.
25. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
Stipulations Related to Utility and Service Issues
26. Overhead Obstruction/Utility Lines: That the final plans shall include details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.
27. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan shall be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
28. Utility Line Placement: That all new 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.
29. Fire Hydrant Location: That all new structures shall 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.
30. Fire Sprinklers and Fire Department Connections (FDC’s): That the applicant shall install an automatic fire sprinkler system for buildings that meet 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.
Any buildings requiring sprinklers must have associated FDC’s clearly indicated on Final Plans, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.
31. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access.
32. Fire Flow Report: That a fire flow report for all new development, shall be prepared and sealed by a registered professional engineer, which demonstrates that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
33. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
34. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
35. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.
36. 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.
37. As-Built Plans: That as-built plans in DWF 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.
38. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
39. Phasing Plans: That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for an individual phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and if applicable a note to this effect shall be placed on the final plan and/or plat.
40. 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.
41. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
42. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit Modification application for University of North Carolina Cogeneration Facility, as proposed by the University of North Carolina, in accordance with the plans and conditions listed above.
This the 21st day of November, 2005.