MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Orange County Regional Landfill – Application for Special Use Permit
DATE: January 23, 2002
INTRODUCTION
An application seeking approval of a Special Use Permit has been filed by Orange County to allow the construction of a 2,100 square-foot building for electronics and dry-cell battery recycling at the Orange County Regional Landfill. The 202.1-acre site is located on the north and south sides of Eubanks Road west of Millhouse Road and is located outside the Town’s corporate limits in the Joint Planning Transition Area in the Rural Transition (RT) zoning district.
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.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action. ¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance. ¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.
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process
The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit 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 application 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 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.
One of the findings that the Council must make when considering a Special Use Permit application is:
That the use of 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.
The Development Ordinance defines contiguous property for this size development as follows:
Contiguous Property: Property adjoining, neighboring, and nearby the outer boundary of a proposed development. For development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.
We believe that the proposed development is a public necessity. Accordingly, if the Council agrees, it would not be required to make the finding that contiguous property is maintained or enhanced. Resolutions A and B include the “Public Necessity” finding. However, we have attached Resolution C, if the Council chooses to make the determination of contiguous property.
The 202.1-acre site is located on the north and south sides of Eubanks Road west of Millhouse Road. The landfill is located outside the Town’s corporate limits in the Joint-Planning Transition Area, is located within the Rural Transition (RT) zoning district, and is identified as Chapel Hill Township Tax Map 86, Block B, Lot 7 (PIN# 9788261416).
Existing Conditions: The site is located on 202.1 acres on the north and south sides of Eubanks Road, lots 1A and 1 respectively. The 122-acre parcel on the north side of Eubanks Road includes a 50-acre closed landfill, a 14-acre construction and demolition landfill; recycling areas for appliances and tires; storage areas for yard waste and mulch; equipment storage area; and an employee lunch room and two offices. The 80-acre parcel on the south side of Eubanks Road includes a 26-acre active landfill, a scale and scale house, a household hazardous waste storage facility, a paint exchange building, and a citizen drop-off area.
The site generally slopes down to the west from an elevation of 540 feet to 470 feet, at an average slope of about 3.0%. The site is not located in the Town’s Watershed Protection District.
There is a small portion of the landfill, north of Eubanks Road that is outside the Town’s zoning jurisdiction and area in Orange County’s jurisdiction. There are equipment maintenance and recycling processing facilities in this area and it has an Orange County Special Use Permit.
Development Description: This Special Use Permit application proposes construction of a 1-story, 2,100 square-foot building for electronics and dry-cell battery recycling storage. The proposed building would be located south of Eubanks Road, near the paint exchange building.
We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Staff Report that discusses intensity standards, buffers and landscaping, parking lot shading, access and circulation, parking, traffic impact, building elevations, stormwater management, refuse management, utilities, fire safety, and erosion control. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.
Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Development Ordinance and Design Manual with the conditions in Resolution A. We believe the proposal fulfills the purposes of the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information 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. The four findings are:
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Special Use Permit – Required Findings of Fact
Finding #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.
Finding #2: 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.
Finding #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;
Finding #4: 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. |
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 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.
Based on the review of this development application by Town advisory boards and the Town staff, no key issues have been identified.
SUMMARY OF COMMENTS
We have attached a resolution that includes standard conditions of approval, as well as special conditions that we recommend for this application. The key special conditions that we recommend are described in detail in the accompanying staff report. With these conditions, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:
The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit:
1. Applicant accepts and records a Special Use Permit which incorporates the terms of the Council-adopted resolution;
2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and all affected utility providers;
3. Community Design Commission reviews and approves building elevations;
4. Upon 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; and
5. Inspections Department issues Building Permits and Certificates of Occupancy.
Recommendations are summarized below.
Planning Board Recommendation: The Planning Board reviewed this application on January 8, 2002 and voted 7-0 to recommend that the Council approve Resolution A. Please see the attached Summary of Planning Board Action.
Resolution B includes the following recommended condition of the Planning Board:
· That the applicant shall provide one wave-type bicycle rack with 4 bicycle parking spaces, located near the employee break room, to be approved by the Town Manager.
Staff Comment: The applicant had not informed staff of the existing bicycle rack for 6 bicycles located at the employee break room. Consequently, the above stipulation requiring the applicant to install a bicycle rack at the landfill was included in the advisory board memorandum. We believe that the existing bicycle parking will meet the intent of the amended bicycle parking standards adopted by the Town Council on October 11, 2000. Accordingly the Manager’s Preliminary Recommendation does not include a stipulation requiring a new bicycle rack.
Transportation Board Recommendation: The Transportation Board reviewed this application on January 15, 2002. We will provide the Summary of Transportation Board Action to the Council as soon as it is available.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on January 22, 2002. We will provide the Summary of Bicycle and Pedestrian Advisory Board Action to the Council as soon as it is available.
Community Design Commission Recommendation: The Community Design Commission reviewed this application January 16, 2002. We will provide the Summary of Community Design Commission Action to the Council as soon as it is available.
Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance.
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 the four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would approve the application.
Resolution C would deny the application.
Resolution D would determine the definition of contiguous property for this application.
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ISSUE |
Resolution AManager’s Preliminary Recommendation |
Resolution BPlanning Board Recommendation |
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Bicycle Parking |
Existing 6-space bicycle rack |
New 4-space wave-type bicycle rack* |
*Board was not made aware of existing bicycle rack when making recommendation.
Attachments
1. Staff Report (p. 7)
2. Checklist of Project Fact Sheet Requirements (p. 12)
3. Resolution A – Approving the Application (p. 13)
4. Resolution B – Approving the Application (p. 17)
5. Resolution C – Denying the Application (p. 21)
6. Resolution D – Defining Contiguous Property for this Application (p. 22)
7. Summary of Planning Board Action (p. 23)
8. Applicant’s Statement of Justification (p. 24)
9. Project Fact Sheet (p. 26)
10. Landfill Transfer Agreement from Landfill Owner’s Group to County, April 12, 2000 (p. 29)
11. Reduced Area Map and Site Plans (p. 62)
ATTACHMENT 1
Staff Report
SUBJECT: Public Hearing: The Orange County Regional Landfill – Application for a Special Use Permit
(File No. 7.18..1 and 1A, PIN #9870662911 and #9870680669)
DATE: January 23, 2002
INTRODUCTION
Attached for your consideration is an application for a Special Use Permit to allow the construction of a 2,100 square-foot building for electronics and battery recycling at the Orange County Regional Landfill. The 202.1-acre site is located on the north and south sides of Eubanks Road west of Millhouse Road.
The site is located within the Rural Transition (RT) zoning district, and is identified as Chapel Hill Township Tax Map 18, Lots 1 and 1A (PIN #9870662911 and #9870680669).
The Concept Plan for this proposal was reviewed by the Community Design Commission on August 22, 2001.
BACKGROUND
The Orange County Regional Landfill was approved by the Orange County Board of Commissioners and began operating in 1972. The Orange County Regional Landfill facility and operational and administrative authority was transferred to Orange County by the Landfill Owners’ Group on April 12, 2000.
EVALUATION
The Town staff has reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offers the following evaluation:
GENERAL ISSUES
Existing Conditions: The site is located on 202.1 acres on the north and south sides of Eubanks Road, lots 1A and 1 respectively. The 122-acre parcel on the north side of Eubanks Road includes a 50-acre closed landfill, a 14-acre construction and demolition landfill; recycling areas for appliances and tires; storage areas for yard waste and mulch; equipment storage area; and an employee lunch room and two offices. The 80-acre parcel on the south side of Eubanks Road includes a 26-acre active landfill, a scale and scale house, a household hazardous waste storage facility, a paint exchange building, and a citizen drop-off area.
The site generally slopes down to the west from an elevation of 540 feet to 470 feet, at an average slope of about 3.0%. The site is not located in the Town’s Watershed Protection District.
Development Description: This Special Use Permit application proposes construction of a 1-story, 2,100 square-foot building for electronics and dry-cell battery recycling storage. The proposed building would be located south of Eubanks Road.
Intensity Standards: The proposed project meets the Development Ordinance’s standards for floor area, outdoor space, and livability space, for the Rural Transition (RT) zoning district.
Comprehensive Plan: The Town Council adopted a revised Comprehensive Plan on May 8, 2000. The Land Use Plan, a component of the Comprehensive Plan, identifies this site for landfill use.
TRANSPORTATION ISSUES
Access and Circulation: There are two existing points of vehicular access to the southern part of the landfill, and four points of access to the northern part of the landfill. This proposal does not include any new points of access or roads. There are currently no sidewalks on either side of Eubanks Road.
We recommend that the applicant improve access and circulation from Eubanks Road by installing directional signs. We believe that the Eubanks Road crossing movement from the scale area (south side to the north side) could be improved with signage. We recommend that signs be installed to warn trucks that they are about to cross a public road, not a road internal to the landfill. We have included a stipulation to this effect in Resolution A.
We recommend that the entrance and exit to the County Drop-Off Center on the north side of Eubanks Road be limited to one-way traffic and that clearer signage be used to enhance the traffic flow pattern. We note that this should also minimize cars idling in the Eubanks Road travel lanes. We have included a stipulation to this effect in Resolution A.
Parking: The Development Ordinance does not have a specific parking standard for the landfill use. The existing parking lots areas are not improved and parking spaces are not specified as in a paved lot. There are 15 employees who work at the landfill, most of whom park near the equipment storage and employee break room buildings. No additional parking is proposed for the proposed building addition.
The application proposes no changes to the current parking configuration, and none are recommended.
Bicycle Parking: There are no minimum bicycle parking requirements for the landfill site. Town bicycle parking standards are based on the number of automobile parking spaces required. We believe it is improbable that a bicycle would be used to deliver refuse or recycling to the landfill. However, the applicant currently has a bicycle rack for 6 bicycles at the employee break room on the north side of the landfill. We believe that the existing bicycle parking will meet the intent of the amended bicycle parking standards adopted by the Town Council on October 11, 2000.
Traffic Impact: The applicant was not required to submit a Traffic Impact Analysis for this development proposal. This application was exempted from the analysis requirement for the following reasons: 1) no more than 50 vehicle average daily traffic increase is expected due to the proposed development; and 2) a negligible projected traffic impact is expected due to the proposed development. We therefore believe that our recommendation to improve signage, described in the access and circulation section above, is adequate to mitigate traffic impact for this development proposal.
Bus Stops: There are no Chapel Hill Transit bus stops on Eubanks Road.
LANDSCAPING AND ARCHITECTURAL ISSUES
Buffers and Landscaping: The Development Ordinance requires landscape bufferyards around the perimeter of the development. The following table indicates landscape buffers that are required by the Town’s Development Ordinance and those proposed by the applicant:
Bufferyard Summary
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Bufferyard Location |
Buffer Required |
Buffer Proposed |
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Northern Property Line* |
Min. of 20 ft. Type ‘C’ Buffer |
Min. of 100-ft. Buffer |
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Eastern Property Line* |
Min. of 20 ft. Type ‘C’ Buffer |
Min. of 100-ft. Buffer |
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Southern Property Line* |
Min. of 20 ft. Type ‘D’ Buffer |
Min. of 100-ft. Buffer |
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Western Property Line* |
Min. of 20 ft. Type ‘C’ Buffer |
Min. of 100-ft. Buffer |
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Eubanks Road Frontage (both sides) |
Min. of 15 ft. Type ‘A’ Buffer |
Min. of 15 ft. Type ‘A’ Buffer |
*A 100-foot buffer is required by the State of North Carolina and is being complied with on these property lines.
We believe that the bufferyards proposed by the applicant meet/exceed requirements. We have included a stipulation in Resolution A detailing the buffers proposed by the applicant.
Building Elevations: We recommend that detailed building elevations be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
Lighting Plan: We recommend that a detailed lighting plan, for the area adjacent to the proposed building, be approved during Final Plan review, prior to the issuance of a Zoning Compliance Permit.
ENVIRONMENTAL ISSUES
Watershed Protection District: The development is not located in the Watershed Protection District.
Resource Conservation District: The development is not located in the Resource Conservation District.
Stormwater Management: The applicant has proposed mitigating the quantity and quality of stormwater runoff with sheet flow through a vegetated buffer. We believe that this Best Management Practice (BMP) will have sufficient area and infiltration capacity to treat the first inch of runoff. We recommend that a Stormwater Management Plan be submitted illustrating this Best Management Practice, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
We note that the landfill currently utilizes five sedimentation basins to manage stormwater runoff. A leachate pond is used to collect discharge from the active landfill south of Eubanks Road.
Erosion Control: We recommend that an erosion and sedimentation control plan for the site be approved by the North Carolina Division of Land Quality, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
UTILITY AND SERVICE ISSUES
Utilities: We recommend that detailed utility plans be reviewed and approved by all affected utility companies and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
We recommend that all new utility lines, other than 3-phase electric power distribution lines, be placed underground and be indicated on final plans. We have included a stipulation to this effect in Resolution A.
Fire District Response Verification: That the applicant provide the Town with verification of fire protection from the local fire district that provides fire response, prior to the issuance of a Zoning Compliance Permit, subject to approval by the Town Manager.
OTHER ISSUES
Miscellaneous: We have also included a stipulation in Resolution A requiring that no open burning associated with this development shall be permitted.
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.
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.
CONCLUSION
Based on information available at this stage of the application review process, and except for the particular request for a modification 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.
Resolutions A would approve the application and the requested modification to the regulations, with conditions.
Resolution B would deny the application.
Resolution C would determine the definition of contiguous property for this application.
ATTACHMENT 2
Project Fact Sheet Requirements
Check List of Regulations and Standards
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STAFF EVALUATION |
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ORANGE COUNTY REGIONAL LANDFILL |
Compliance |
Non-Compliance |
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Use Permitted |
Ö (with approval of a Special Use Permit) |
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Min. Gross Land Area |
Ö |
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Min. Lot Width |
Ö |
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Max. Floor Area |
Ö |
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Min. Outdoor Space |
Ö |
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Min. Livability Space |
Ö |
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Min. Recreation Space |
N/A |
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Impervious Surface Limits |
N/A |
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Min. # Parking Spaces |
N/A |
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Min. # Loading Spaces |
N/A |
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Min. # Handicap Spaces |
N/A |
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Max. # Dwelling Units |
N/A |
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Min. Street Setback |
Ö |
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Min. Interior Setback |
Ö |
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Min. Solar Setback |
Ö |
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Max. Height Limit |
Ö |
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Min. Landscape Buffers |
Ö |
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Public Water and Sewer |
N/A |
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N/A = Not Applicable Prepared: January 15, 2002
ATTACHMENT 3
RESOLUTION A
(Manager’s Preliminary Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ORANGE COUNTY REGIONAL LANDFILL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Orange County on property identified as Chapel Hill Township Tax Map 18, Lots 1 and 1A (PIN #9870662911 and #9870680669) if developed according to the site plan dated 12/17/2001, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. That this use or development is a public necessity; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Orange County Regional Landfill in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit authorizes construction of an electronics recycling storage building consisting of a total of 2,100 square feet of floor area, with total authorized development specified as follows:
Total # of Buildings: 7
Maximum Floor Area Total: 3,768 s.f.
Minimum # of Bicycle Parking Spaces: 4
Minimum Outdoor Space (s.f.): 8,869,264 s.f.
Minimum Livability Space (s.f.): 8,826,064 s.f.
Stipulations Related to Required Improvements
3. Signage Near Scale Area: That the applicant shall install directional signs at that the Eubanks Road crossing movement, from the scale area to the north side of the landfill, to improve access and circulation. Signs shall warn trucks that they are about to cross a public road, not a road internal to the landfill, to be approved by the Town Manager.
4. Circulation Pattern at Drop-Off Area: That the applicant shall limit the traffic circulation to one-way at the entrance and exit to the County Drop-Off Center on the north side of Eubanks Road, to be approved by the Town Manager.
5. Signage at Drop-Off Area: That the applicant shall install directional signs at that the County Drop-Off Center on the north side of Eubanks Road to limit traffic circulation to a one-way pattern, to be approved by the Town Manager.
Stipulations Related to Landscape Elements
6. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site including the plantings proposed for the perimeter of the site, subject to Town Manager approval. Required bufferyards include the following:
Required Bufferyards
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Bufferyard Location |
Buffer Required |
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Northern Property Line* |
Min. of 100-ft. Buffer |
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Eastern Property Line* |
Min. of 100-ft. Buffer |
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Southern Property Line* |
Min. of 100-ft. Buffer |
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Western Property Line* |
Min. of 100-ft. Buffer |
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Eubanks Road Frontage (both sides) |
Min. of 15 ft. Type ‘A’ Buffer |
*A 100-foot buffer is required by the State of North Carolina on these property lines.
Stipulations Related to Utilities
7. Utility/Lighting Plan Approval: That the final utility/lighting plan be reviewed and approved by all affected utilities and the Town Manager before issuance of a Zoning Compliance Permit.
8. Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans, to be approved by the Town Manager.
Stipulations Related to Fire Protection/Fire Safety
9. Fire District Response Verification: That the applicant provide the Town with verification of fire protection from the local fire district that provides fire response, prior to the issuance of a Zoning Compliance Permit, subject to approval by the Town Manager.
10. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations for the site, prior to the issuance of a Zoning Compliance Permit.
11. Stormwater Management Plan: That a Stormwater Management Plan shall be submitted illustrating the sheet flow and vegetated buffer mechanism to mitigate the quantity and quality of runoff, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.
12. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.
That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a 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 that a note to this effect shall be placed on the final plat.
13. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.
14. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan, if necessary, shall be approved by the North Carolina Division of Land Quality, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.
15. Open Burning: That no open burning shall be permitted during the construction of this development.
16. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
17. Construction Sign Required: That the applicant shall post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
18. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
19. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for the Orange County Regional Landfill.
This the _________ day of _______________, 2002.
ATTACHMENT 4
RESOLUTION B
(Planning Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ORANGE COUNTY REGIONAL LANDFILL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Orange County on property identified as Chapel Hill Township Tax Map 18, Lots 1 and 1A (PIN #9870662911 and #9870680669) if developed according to the site plan dated 12/17/2001, and conditions listed below, would:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. That this use or development is a public necessity; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Orange County Regional Landfill in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit authorizes construction of an electronics recycling storage building consisting of a total of 2,100 square feet of floor area, with total authorized development specified as follows:
Total # of Buildings: 7
Maximum Floor Area Total: 3,768 s.f.
Minimum # of Bicycle Parking Spaces: 4
Minimum Outdoor Space (s.f.): 8,869,264 s.f.
Minimum Livability Space (s.f.): 8,826,064 s.f.
Stipulations Related to Required Improvements
3. Signage Near Scale Area: That the applicant shall install directional signs at that the Eubanks Road crossing movement, from the scale area to the north side of the landfill, to improve access and circulation. Signs shall warn trucks that they are about to cross a public road, not a road internal to the landfill, to be approved by the Town Manager.
4. Circulation Pattern at Drop-Off Area: That the applicant shall limit the traffic circulation to one-way at the entrance and exit to the County Drop-Off Center on the north side of Eubanks Road, to be approved by the Town Manager.
5. Signage at Drop-Off Area: That the applicant shall install directional signs at that the County Drop-Off Center on the north side of Eubanks Road to limit traffic circulation to a one-way pattern, to be approved by the Town Manager.
6. Bicycle Parking: That the applicant shall provide one wave-type bicycle rack with 4 bicycle parking spaces, located near the employee break room, to be approved by the Town Manager.
Stipulations Related to Landscape Elements
7. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site including the plantings proposed for the perimeter of the site, subject to Town Manager approval. Required bufferyards include the following:
Required Bufferyards
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Bufferyard Location |
Buffer Required |
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Northern Property Line* |
Min. of 100-ft. Buffer |
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Eastern Property Line* |
Min. of 100-ft. Buffer |
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Southern Property Line* |
Min. of 100-ft. Buffer |
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Western Property Line* |
Min. of 100-ft. Buffer |
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Eubanks Road Frontage (both sides) |
Min. of 15 ft. Type ‘A’ Buffer |
*A 100-foot buffer is required by the State of North Carolina on these property lines.
Stipulations Related to Utilities
8. Utility/Lighting Plan Approval: That the final utility/lighting plan be reviewed and approved by all affected utilities and the Town Manager before issuance of a Zoning Compliance Permit.
9. Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans, to be approved by the Town Manager.
Stipulations Related to Fire Protection/Fire Safety
10. Fire District Response Verification: That the applicant provide the Town with verification of fire protection from the local fire district that provides fire response, prior to the issuance of a Zoning Compliance Permit, subject to approval by the Town Manager.
11. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations for the site, prior to the issuance of a Zoning Compliance Permit.
12. Stormwater Management Plan: That a Stormwater Management Plan including drainage patterns, grading, erosion control measures, and final land cover, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The Stormwater Management Plan shall include a Best Management Practice to mitigate the quantity and quality of runoff such as sheet flow through a vegetated buffer, with sufficient area and infiltration capacity to treat the first inch of runoff.
13. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are complete, and that a note to this effect shall be placed on the final plat.
That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a 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 that a note to this effect shall be placed on the final plat.
14. Detailed Plans: That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.
15. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan, if necessary, shall be approved by the North Carolina Division of Land Quality, and that a copy of the approval be provided to the Town Manager prior to the issuance of a Zoning Compliance Permit.
16. Open Burning: That no open burning shall be permitted during the construction of this development.
17. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
18. Construction Sign Required: That the applicant shall post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 32 square feet of display area and may not exceed 8 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
19. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
20. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for the Orange County Regional Landfill.
This the _________ day of _______________, 2002.
ATTACHMENT 5
RESOLUTION C
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR ORANGE COUNTY REGIONAL LANDFILL
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application, proposed by the Orange County Manager, on property identified as Chapel Hill Township Tax Map 18, Lots 1 and 1A (PIN #9870662911 and #9870680669) if developed according to the site plan dated 12/17/2001, and conditions listed below, would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. That this use or development is a public necessity; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council finds:
(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 for the Orange County Regional Landfill.
This the ____ day of ____________, 2002.
ATTACHMENT 6
RESOLUTION D
(Defining Contiguous Property)
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE ORANGE COUNTY REGIONAL LANDFILL (2002-01-23/R-1)
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 for the Orange County Regional Landfill, 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 1,000 feet of the site.
This the 23rd day of January, 2002.