AGENDA #2

 MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Public Hearing:  UNC Cogeneration Facility Coal Silos Replacement Project - Application for Special Use Permit Modification 

DATE:             April 17, 2000

INTRODUCTION

An application has been filed by the University of North Carolina at Chapel Hill, seeking approval of a Special Use Permit Modification to demolish and replace two coal silos at the UNC Cogeneration Facility.  The facility is located on the south side of Cameron Avenue, between Merritt Mill Road and the Cameron Glen Subdivision, within the Industrial (I) and Residential-4 (R-4) zoning districts. 

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development, if approved.

PROCESS

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council.  We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and preliminary recommendation to the Council.

The standard for review and approval of a Special Use Permit Modification application is essentially the same as for a Special Use Permit application, and involves consideration of four findings (description of the findings follows below).  Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved.  If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit or Special Use Permit Modification application is:

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.

We believe that a reasonable argument can be made that this proposed project is a public necessity.   If the Council believes that it can make the finding that the proposed development is a public necessity, then no further action is needed tonight.

If the Council does not believe it can make the finding that this proposed development is a public necessity, however, then the Council would need to be able to make the alternative finding that the development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, in order to approve the proposed Special Use Permit Modification. 

We note that the Development Ordinance defines contiguous property as follows:

Contiguous Property:  Property adjoining, neighboring, and nearby the other boundary of a proposed development.  For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent.  For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development.  But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration.  Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing of the hearing this evening, the Council discuss and determine by vote what should be considered to be contiguous property for this application.  The attached Resolution C provides a format for determining the contiguous property definition for this particular development application. 

BACKGROUND

The Town Council issued a Special Use Permit for the construction of the University’s replacement Cogeneration Facility in June, 1986.  The University began construction in October, 1988 and completed construction in June, 1993.  The Facility came into full compliance with the stipulations of the Special Use Permit in February, 1996.

A stipulation of the 1986 Special Use Permit requires that any proposed future addition of boilers or other plant facilities be considered a modification of the Special Use Permit, in accordance with Town regulations.  On June 22, 1998, the Council approved a Special Use Permit Modification to allow a new boiler unit at the Cogeneration Facility.

DESCRIPTION OF THE APPLICATION

Existing Conditions:  The Cogeneration Facility site is surrounded on all sides by primarily single-family residential neighborhoods.  The property is bounded by Cameron Avenue to the north, Merritt Mill Road to the west, McCauley Street to the south, and the Cameron Glen neighborhood to the east.  A utility corridor and railroad spur are also located to the east of this site.

The topography of this site is mostly flat with slopes under five percent. The site generally slopes down from north to south, and is located within the Town’s Industrial (I) and Residential-4 (R-4) zoning districts.  The property is also located within the Town’s Watershed Protection District.

Development Description:  The application proposes to demolish the two existing coal silos on the site and to replace them with two new silos.  The applicant indicates that the silos are in need of replacement, because the existing design does not allow the unrestricted flow of coal through the silos, which has resulted in spontaneous combustion of the coal in the past.  The application indicates that the new design will allow the unrestricted flow of coal, utilization of the full capacity of the silos, and will alleviate the threat of spontaneous combustion.

The existing silos are 60 feet wide and 114feet tall.  The new silos are proposed to be 58 feet wide and 140feet tall, resulting in a two-foot decrease in width and a 26-foot increase in height. The applicant has provided photographs that seek to visualize this proposed change (see attached photographs).  No other site modifications are proposed with this application.

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance.  We have prepared a Planning Staff Report that discusses intensity standards, access and circulation, parking, traffic impact, building elevations, buffers and landscaping, stormwater management, refuse management, utilities, fire safety, and erosion control, and it is included as an attachment to this memorandum.  A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, we have concluded that the application as submitted complies with the regulations and standards of the Development Ordinance, except for requirements related to maximum floor area, minimum livability space, and maximum building height.  The applicant has asked for modification of regulations in these three areas for this site (please see discussion below).  The Council has the authority, in the context of this request for a Special Use Permit Modification, to modify regulations if it determines that public purposes are satisfied.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others.  The applicant’s materials are included as attachments to this memorandum.  We have not received any other written information from any other citizens as yet.  Staff, applicant, and others may provide information at the Public Hearing.  All information that is submitted will be placed into the record of this Public Hearing.

Based on the evidence that is accumulated, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification.  The four findings are:

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application.  If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved.  If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

REQUESTED MODIFICATIONS OF REGULATIONS

We note that the applicant is requesting from the Council modifications to the regulations regarding (1) maximum floor area on the site, (2) minimum livability space on the site, and (3) maximum building height. 

(1)            Maximum Floor Area:   The Town’s Development Ordinance intensity standards permit a maximum of 41,016 square feet of floor area on this site (Subsection 13.11.1).  The existing Special Use Permit for the site, as approved on July 22, 1998, approved 90,035 square feet of floor area on the site.  At this time, the applicant is requesting to reduce the total floor area on the site to 89,664 square feet. 

(2)            Minimum Livability Space:  The Town’s Development Ordinance intensity standards permit a minimum of 268,713 square feet of livability space on this site (Subsection 13.11.1).  The existing Special Use Permit for the site, as approved on July 22, 1998, approved 175,435 square feet of livability space on the site.  At this time, the applicant is not proposing to modify the amount of existing livability space on the site.

(3)            Maximum Height:  The Town’s Development Ordinance provides for a maximum height of 50 feet for the Industrial (I) zoning district.  The existing silos, which were previously approved by the Council, are 114 feet tall.  The proposed new silos for the site are 140 feet tall. 

Subsection 18.7.1 of the Development Ordinance states:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Ordinance, but the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Council may make specific modification of the regulations in the particular case for Modification of Special Use Permit applications, or in approving a new Special Use Permit for existing development that requires a Special Use Permit.”

We believe that in this case the UNC Cogeneration Facility Coal Silo Replacement application may be considered under the provisions of Subsection 18.7.1, as a Special Use Permit Modification.   

If the Council believes it is appropriate to apply Section 18.7.1 in this situation, the Council may find that the modifications to the regulations satisfy public purposes to an equivalent or greater degree.  We note that the Council could find that said public purposes would be that the Cogeneration Facility serves as the sole source of steam for critical campus and hospital utility requirements and is an important part of overall University operations. 

Alternatively, the Council could reasonably conclude that the proposed modifications to the floor area intensity standard, livability intensity standard, and height limit would not satisfy public purposes to an equivalent or greater degree and could deny the application.

SUMMARY OF COMMENTS

We have attached a resolution that includes standard conditions of approval.  There are also special conditions that we recommend including in the resolution.  The key special conditions that we recommend are summarized here and described in detail in the accompanying staff report.  With the conditions below, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:

·        That this approval would supersede the 1998 Special Use Permit approval,

·        That all handling of coal, limestone and ash is done within enclosed structures, and

·        That the Community Design Commission approve the final elevations of the coal silos.

The Manager’s recommendation incorporates input from Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application.

1.      Applicant receives copy of Council-adopted resolution.

2.      Applicant submits detailed Final Plans and documentation, complying with Council stipulations.  Information is reviewed by Town departments and the following agencies (if applicable):

·        North Carolina Department of Transportation,

·        North Carolina Department of Environment and Natural Resources,

·        Orange Water and Sewer Authority,

·        Duke Power Company,

·        Public Service Company,

·        Time Warner Cable, and

·        BellSouth.

3.      Community Design Commission reviews and approves building elevations and site lighting plans.

4.      Any relevant access easement and right-of-way dedication plat(s) are approved by Town staff, and are recorded at the Orange County Register of Deeds Office.

5.      Upon applicant’s demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work.  Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.

6.      Engineering Department issues an Engineering Construction Permit, authorizing any work within the public right-of-way.

RECOMMENDATIONS

Advisory board recommendations are summarized below.  Please see the attached summaries of Board actions and recommendations.

Planning Board’s Recommendation:  The Planning Board met on February 1, 2000, to review this application and voted 6-0 to recommend approval with Resolution A.  Please see the attached Summary of Planning Board Action. 

Transportation Board’s Recommendation:  The Transportation Board met on March 7, 2000, and voted 7-0 to recommend approval with Resolution A.  Please see the attached Summary of Transportation Board Action.

Community Design Commission’s Recommendation:  The Community Design Commission met on February 2, 2000, to review the application and voted 7-0 to recommend approval with conditions.  The Commission asked the applicant to explore a “radius form” for the shapes of the vertical elevator and the horizontal equipment located on top of the silos, and recommended that approval of the application include the standard condition of approval that final building elevations be approved by the Design Commission.  This recommendation is reflected in Resolution A.

Please see the attached Summary of Community Design Commission Action. 

Bicycle and Pedestrian Advisory Board’s Recommendation:  The Bicycle and Pedestrian Advisory Board met on February 8, 2000, to review the application and voted 6-0 to recommend approval with the following conditions:

1.      Provide an appropriate amount of secured, covered, illuminated bicycle parking using wave-type racks.

2.      During construction, place a warning sign at entrance, for example:  “Watch for Pedestrians and Bicyclists.”

We note that Resolution A includes a stipulation requiring the applicant to provide secured, covered, illuminated bicycle parking utilizing wave-type racks that can accommodate a minimum of 10 bicycles.  Resolution A also includes language for warning signs and appropriate identification for dangerous construction areas.  This recommendation is reflected in Resolution A.

Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action. 

Manager’s Preliminary Recommendation:  Based on our evaluation of the application, we conclude that the application complies with standards and regulations of the Development Ordinance, except in the areas of maximum floor area, minimum livability space, and height limit.  If the Council finds that, with this development proposal, public purposes are satisfied to an equivalent or greater degree, these Development Ordinance regulations can be modified to eliminate these non-compliances.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application.  If the Council makes these public purpose findings for modification of the Development Ordinance regulations, and makes the four required findings for the approval of a Special Use Permit Modification, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would deny the application.

Resolution C would determine the definition of contiguous property for this application.

ATTACHMENTS

1.            Planning Staff Report  (p. 9)

2.            Checklist of Project Fact Sheet Requirements  (p. 13)

3.            Resolution A – Approval with Conditions  (p. 14)

4.            Resolution B  - Denial  (p. 18)

5.            Resolution C - Defining Contiguous Property  (p. 19)

6.            Summary of Planning Board Action  (p. 20)

7.            Summary of Transportation Board Action  (p. 21)

8.            Summary of Community Design Commission Action  (p. 22)

9.            Summary of Bicycle and Pedestrian Advisory Board Action  (p.23 )

10.        Applicant’s Statement of Justification  (p. 24)

11.        Project Fact Sheet  (p. 28)

12.        Summary Map  (p. 31)

13.        Reduced Plans  (p. 32)

14.        Additional Materials Provided by Applicant  (begin new page 1)

 Planning Staff Report

SUBJECT:       Public Hearing:  UNC Cogeneration Facility Coal Silos Replacement Project - Application for Special Use Permit Modification  (File No. 92.H.2)

DATE:             April 17, 2000

We have received and reviewed an application for approval of a Special Use Permit Modification to demolish and replace two coal silos at the UNC Cogeneration Facility.  The facility is located on the south side of Cameron Avenue, between Merritt Mill Road and Cameron Glen subdivision, within the Industrial (I) and Residential-4 (R-4) zoning districts.  The site is identified as Chapel Hill Township Tax Map 92, Block H, Lot 2. 

Attached are the Statement of Justification, Project Fact Sheet, and reduced plans.

BACKGROUND

The Town Council issued a Special Use Permit for the construction of the University’s replacement Cogeneration Facility in June, 1986.  The University began construction in October, 1988 and completed construction in June, 1993.  The Facility came into full compliance with the stipulations of the Special Use Permit in February, 1996.

A stipulation of the 1986 Special Use Permit requires that any proposed future addition of boilers or other plant facilities be considered a modification of the Special Use Permit, in accordance with Town regulations.

On June 22, 1998, the Council approved a Special Use Permit Modification to allow a new boiler unit at the Cogeneration Facility.

EVALUATION

Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation:

Existing Conditions:  The Cogeneration Facility site is surrounded on all sides by primarily single-family residential neighborhoods.  The property is bounded by Cameron Avenue to the north, Merritt Mill Road to the west, McCauley Street to the south, and the Cameron Glen neighborhood to the east.  A utility corridor and railroad spur are also located to the east of this site.

The topography of this site is mostly flat with slopes under five percent. The site generally slopes down from north to south.  The site includes a mix of plantings, as approved with the original Landscape Plan for the site as well as additional plantings as requested by neighbors of the Facility.

The site is located within the Town’s Industrial (I) and Residential-4 (R-4) zoning districts.  The property is located within the Watershed Protection District.

Development Description:  The application proposes to demolish the two existing coal silos on the site and to replace them with two new silos.  The applicant indicates that the silos are in need of replacement, because the existing design does not allow the unrestricted flow of coal through the silos, which has resulted in spontaneous combustion of the coal in the past.  The application indicates that the new design will allow the unrestricted flow of coal, utilization of the full capacity of the silos, and will alleviate the threat of spontaneous combustion.

The existing silos are 60 feet wide and 114feet tall.  The new silos are proposed to be 58 feet wide and 140feet tall, resulting in a two-foot decrease in width and a 26-foot increase in height.

No other site modifications are proposed with this application.

Intensity Standards:  The application proposes to reduce the amount of floor area on the site by 371 feet.  This is a result of the diameter reduction of the silos from 60 to 58 feet.  The 1998 Special Use Permit Modification granted a modification to the Development Ordinance regulations to allow 90,035 square feet of floor area on the site (the amount of floor area existing at the time of that application).   The new floor area proposed is 89,664 square feet.  We have included language in Resolution A allowing this reduction to 89,664 square feet of floor area on the site.

As mentioned above, the coal silos are proposed to be 140 feet in height.  The maximum height that the Development Ordinance would allow on the property is 50 feet.  The existing silos, which were previously approved by the Council, are 114 feet in height.  We have included language in Resolution A allowing a modification of the height regulations to allow the 140-foot coal silos.  We note that the tallest structure on the site is a 220-foot smoke stack, but that smoke stacks are exempt from our height regulations.

Access, Circulation and Parking:  Access to the Cogeneration Facility is provided from Cameron Avenue.  No change is proposed in the access, circulation or parking on this site.  We did not require that a Traffic Impact Statement be submitted with this request to replace the coal silos.

Buffers and Landscaping:  The 1986 Special Use Permit for the Cogeneration Facility required that a Type C landscape bufferyard be provided along the site’s boundary with McCauley Street, and site boundaries adjacent to the coal storage area in the southeast corner of the site.  The Permit further specified that a combination of canopy trees, understory trees and shrubbery be provided along the site’s eastern, northern and western boundaries.  We believe that the landscaping scheme set forth in the 1986 Special Use Permit (and carried over onto the 1998 Special Use Permit Modification) is appropriate for this proposed modification to the property.

Building/Design Elevations:  The Development Ordinance requires that the Community Design Commission approve the building elevations related to development applications which involve a Special Use Permit.  We have included a stipulation in Resolution A that the elevations pertaining to the coal silos be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.

We have also carried over the design-related stipulations from the 1998 Special Use Permit Modification.

Stormwater Management:  Stormwater on this site is currently managed with stormwater retention ponds and silt basins that are designed to collect and retain rainwater, for silt control, before allowing water flow to leave the site.  The 1986 Special Use Permit for the Cogeneration Facility required that on-site stormwater retention basins be provided and maintained so as to retain the first inch of stormwater runoff.  No changes that would affect stormwater management on the site were proposed at the time of the 1998 Special Use Permit Modification, and none are proposed with the current application.  Therefore, we did not require that a Stormwater Impact Statement be submitted for this project.

Refuse Management:  The applicant indicates that no changes are proposed to the refuse collection services on the site.  We have approved the applicant’s Solid Waste Management Plan.

Utilities:  The applicant indicates that no changes to the utility services at the Cogeneration Facility are planned for this project. 

Fire and Safety:  We recommend that a fire flow report, sealed by a registered engineer, be approved for this project prior to issuance of a Zoning Compliance Permit.  We have included this standard stipulation in Resolution A.

Erosion Control:  The applicant indicates that less than one-half acre of land disturbance will occur with the replacement of the coal silos.  We recommend that, if necessary, an erosion and sedimentation control plan be approved by the North Carolina Department of Environment and Natural Resources, and that a copy of the approval be provided to the Town prior to issuance of a Zoning Compliance Permit.  We have included this stipulation 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 Section 18.2 of the Development Ordinance:

(a)                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.

(b)               That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

(c)                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;

(d)               That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

These items are discussed in the cover memorandum.

CONCLUSION

Based on information available at this stage of the application review process, and except for the particular requests for modifications to the regulations, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan. 

Adoption of Resolution A would approve the Special Use Permit Modification application with conditions. 

We have included each of the conditions of the 1998 Special Use Permit Modification in Resolution A.  We recommend that the conditions listed in bold be added to the new Special Use Permit Modification, as these pertain to this application for replacement of two coal silos.  We further recommend that the conditions indicated with a strikethrough be omitted from the Special Use Permit Modification, as we believe they no longer pertain to this development.

Resolution B would deny the Special Use Permit Modification for the Cogeneration Facility.

PROJECT FACT SHEET REQUIREMENTS

Check List of Regulations and Standards

Special Use Permit Modification Application

N/A = Not Applicable                                                                      Prepared: April 7,  2000

RESOLUTION A

(Manager’s Preliminary Recommendation,

Planning Board Recommendation,

Transportation Board Recommendation,

Community Design Commission Recommendation,

and Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNC-CHAPEL HILL COGENERATION FACILITY COAL SILOS REPLACEMENT PROJECT 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit Modification proposed by the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 92, Block H, Lot 2, if developed according to the site plan dated October 8, 1999 and the conditions 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 Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;

3.                  Would be a public necessity; and

4.                  Would conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds, in this particular case, that the following modifications to the regulations satisfy public purposes to an equivalent or greater degree:

1.                  Modification of Subsection 13.11.1 of the Development Ordinance to allow 90,035 89,664 square feet of floor area.

2.                  Modification of Subsection 13.11.1 of the Development Ordinance to allow 175,435 square feet of livability space.

3.                  Modification of Subsection 13.11.1 of the Development Ordinance to allow two 140-foot coal silos.

Said public purpose being that the Cogeneration Facility serves as the sole source of steam for critical campus and hospital utility requirements and is a vital and important part of overall University operations.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

1.                  That this resolution hereby supersedes the Special Use Permit Modification approved by the Council on June 22, 1998.

2.                  That construction begin by __________ (two years from the date of Council approval) and be completed by ___________ (five years from the date of Council approval).

3.                  That this Special Use Permit Modification authorizes the demolition and replacement of the two coal silos at the UNC Cogeneration Facility in accordance with the site plan dated October 8, 1999.

4.                  Stormwater Retention:  That on-site stormwater retention basins be provided and maintained so as to retain the first inch of stormwater runoff.

5.                  That secured, covered, illuminated bicycle parking be provided on the site utilizing wave-type bicycle racks that accommodate a minimum of 10 bicycles.

Stipulations Related to Landscape Elements

6.                  Landscape Plans:  That the Town Manager shall review and approve the detailed landscape plans.

7.                  Landscape Bufferyards:  That a Type C buffer be provided along the site’s boundary with McCauley Street and site boundaries adjacent to the coal storage area in the southeast corner of the site.

8.                  Plantings:  That landscaping consisting of a combination and spacing of canopy trees, understory trees, and shrubbery appropriate to the provision of intermittent visual obstructions from the ground up to a height of at least 20 feet be provided along the site’s eastern, northern, and western boundaries.

Stipulations Related to Design Elements

9.                  Community Design Commission Approval:  That the Community Design Commission shall approve the elevations of the coal silos prior to issuance of a Zoning Compliance Permit.

10.              Buildings/Facilities:  That the Community Design Commission shall review plans for the buildings and facilities on this site and make recommendations to the University regarding the aesthetic suitability of the plans.

11.              Painting of Buildings:  That the detailed building elevations to be approved by the  Design Commission prior to issuance of a building permit take into consideration a painting scheme to enhance the appearance of the buildings.

12.              Architectural Design:  That the University prepare plans for the external design for the Power Plant that minimize the scale of the buildings and structures by the use of surface articulation, as defined by the use of architectural detail and forms such as window, color, or other appropriate means that serve to break up the visual impact of large masses.  Such plans will serve to integrate the appearance of the Power Plant with surrounding residential areas so that the use and development will maintain or enhance the value of contiguous property.

13.              Structure Design:  That structures on the site be designed such that all handling of coal, limestone and ash is done within enclosed structures.

Stipulations Related to Environmental Issues

14.              Groundwater Contamination:  That if any groundwater contamination is uncovered at the landfill which can reasonably be attributed to disposal of material from the power plant, then the University shall be responsible for any required remedial action.

15.              Waste Ash:  That all waste ash from the plant shall either be transported in tanker trucks, or wetted down and transported in covered trucks or rail cars.

16.              Emissions: 

A.                 That visible emissions from truck unloading of plant material into the landfill shall not cause opacity exceeding 20 percent as determined by U.S. Environmental Protection Agency (EPA) Method 9.

B.                 That visible emissions from rail car unloading, crushing, truck loading and unloading, conveying (including transfer points), bucket elevators, front-end loading, stockpiling, storage bins, and storage piles shall not exceed 10 percent opacity as determined by EPA Method 9.

C.                 That roads within the plant shall be maintained to minimize fugitive dust emissions by paving, surfactant treatment, or other suitable method.

D.                 That no fugitive particulate matter emissions shall be visible beyond the property line of the power plant.

17.              Environmental Regulations: That a violation of any Federal, State or local environmental regulation or permit condition be reported to the Manager within 7 days of noncompliance along with a report of proposed remedial action.

18.              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.

Miscellaneous Stipulations

19.              Special Use Permit Modification:  That any proposed future addition of boilers or other plant facilities be considered a modification of this Special Use Permit and require Council approval in accord with Town regulations.

20.              Final Plans:  That the final plans to be approved by the Town Manager before issuance of a Zoning Compliance Permit (detailed site plan, utility plan, stormwater management plan) conform to plans approved as part of this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.

21.              Construction Management Plan:  That a Construction Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.  The Construction Management Plan shall address transportation of personnel and materials to and from the site during construction, construction-related parking, handling of materials, and hours of construction activity.

22.              Construction Sign Required:  That the applicant post a construction sign that lists the property owners’ representative, with a telephone number, the contractor’s representative, with a phone number, and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

23.              Additonal Signage Required:  That the applicant post warning signs to clearly identify any construction areas that may present a danger for bicyclists or pedestrians.

24.              Silt Control:  That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

25.              Continued Validity:  The continued validity and effectiveness of this permit is expressly conditioned upon the continued compliance with the plans and conditions listed above.

26.              Non-Severability:  If any of the above conditions is held invalid, this approval shall be void.

BE IT FURTHER RESOLVED that the Council hereby approves the application for Special Use Permit Modification for the UNC-Chapel Hill Cogeneration Facility Coal Silos Replacement project in accordance with the plans and conditions listed above.

This the ____ day of ______, 2000.

RESOLUTION B

(Denying the Request)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE UNC-CHAPEL HILL COGENERATION FACILITY COAL SILOS REPLACEMENT PROJECT  

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit Modification proposed by the University of North Carolina at Chapel Hill, on property identified as Chapel Hill Township Tax Map 92, Block H, Lot 2, if developed according to the site plan dated October 8, 1999 and the conditions below:

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 the Development Ordinance, including all applicable provisions of Articles 12, 13, 14 and 18, and with all other applicable regulations;

3.                  Would not be located, designed and proposed to be operated so as to maintain or enhance the value of contiguous property, or be a public necessity; and

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

(INSERT REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit Modification for the UNC-Chapel Hill Cogeneration Facility Coal Silos Replacement project.

This the _____ day of _________, 2000.

RESOLUTION  C

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE UNC-CHAPEL HILL COGENERATION FACILITY SILOS REPLACEMENT PROJECT (2000-04-17/R-2)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit Modification for the UNC-Chapel Hill Cogeneration Facility Silo Replacement, hereby determines, for purposes of Development Ordinance Section 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

All properties within _____ feet of the site.

This the 17th day of April, 2000.