AGENDA #8
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Orange County Regional Landfill – Application for Special Use Permit
DATE: February 11, 2002
INTRODUCTION
Tonight the Council continues the Public Hearing from January 23, 2002, regarding the Special Use Permit application to authorize construction of a 2,100 square-foot building for electronics and dry-cell battery recycling. Adoption of Resolution A and B would approve a Special Use Permit application with conditions. Adoption of Resolution C would deny the request.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.
¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the January 23 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.
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Background
On January 23, 2002, a Public Hearing was held for consideration of a Special Use Permit application to authorize 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. We note that on January 23, the Council determined that contiguous property would be defined as those properties that are within 1,000 feet this site.
This is an application for a Special Use Permit. 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 regarding its compliance with the standards and regulations of the Development Ordinance; we have presented a report to the Planning Board; and on January 23 we submitted our report and recommendation to the Council.
evaluation of the application
The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.
If, after consideration of the evidence submitted at the Public Hearing, 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.
Tonight, based on the evidence presently in the record thus far, we provide attachments containing the lengthy evidence in support and opposition of the four findings of facts for this application that the Council must consider for granting a Special Use Permit.
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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.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (part of Attachment #7) provides evidence in support of Finding #1. We note the following key points from the applicant’s Statement of Justification:
· “The proposed development will promote the public health by removing electronic equipment from the solid waste stream presently being placed in the construction & demolition (C&D) landfill and the lined landfill. The removal of electronic equipment would result in a reduction of toxic material requiring disposal.” [Applicant Statement]
· “Traffic averaged 178 one way trips per day during Fiscal year 2001 (July 2000-June 2001). We estimate that traffic to the landfill will increase less than 2 percent (4 one way trips) after the electronic recycling building opens for operation.” [Applicant Statement]
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #1 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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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.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (part of Attachment #7) provides evidence in support of Finding #2. We note the following key point from the applicant’s Statement of Justification:
· “The landfill operation complies with all applicable provisions of Article 12, 13 and 14 and the applicable standards contained in Sections 18.7 and 18.8 and with all other applicable regulations.” [Applicant Statement]
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #2 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Finding #3: That the use or development is a public necessity and is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (part of Attachment #7) provides evidence in support of Finding #3. We note the following key point from the applicant’s Statement of Justification:
· “The proposed electronic recycling facility will provide a much-needed on-site service. It will help enhance operations of the landfill by removing computer monitors, computer processing units, televisions, etc. The collection and storage and ultimately removal of the electronic material will reduce the potential for groundwater contamination. The development is a public necessity.” [Applicant Statement]
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #3 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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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.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The applicant’s Statement of Justification (Part of Attachment #7) provides evidence in support of Finding #4. We note the following key point from the applicant’s Statement of Justification:
· “The proposed facilities are located within the property designated as a solid waste disposal facility.” [Applicant Statement]
Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #4 for this application raised at the Public Hearing.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
key issueS
No key issues were identified during the January 23 Public Hearing.
Recommendations are summarized below. Please see the attached summaries of board actions and recommendations.
We note that the original advisory board memorandum incorrectly recommended that the applicant provide a bicycle rack, as staff was unaware of an existing rack. Consequently the Planning Board, Transportation Board, and Community Design Commission recommended that the applicant provide a new bicycle rack. As new information became available, the Town Manager’s January 23 preliminary recommendation and the Bicycle and Pedestrian Advisory Board’s recommendation agreed that the existing bike rack at the landfill was adequate.
Planning Board Recommendation: The Planning Board reviewed this application on January 8, 2002 and voted 7-0 to recommend that the Council approve Resolution B. The Summary of Planning Board Action is included as part of Attachment #7.
Transportation Board Recommendation: The Transportation Board reviewed this application on January 15, 2002 and voted 7-0 to recommend that the Council approve this application with the adoption of Resolution B. The Summary of Transportation Board Action is in Attachment #4.
Community Design Commission Recommendation: The Community Design Commission reviewed this application on January 16, 2002 and voted 8-1 to recommend that the Council approve this application with the adoption of Resolution B. The Summary of Community Design Commission Action is in Attachment #5.
Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on January 22, 2002 and voted 6-0 to recommend that the Council approve this application with the adoption of Resolution A. The Summary of Bicycle and Pedestrian Advisory Board Action is in Attachment #6.
Manager’s Recommendation: Based on the information in the record to date, we believe that the Council could make the four findings required to approve the Special Use Permit. We recommend that the application be approved with adoption of Resolution A.
Resolution B would approve the application as recommended by the Planning Board, Transportation Board, and Community Design Commission.
Resolution C would deny the application.
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ISSUE |
Resolution ABicycle and Pedestrian Advisory Board Recommendation, Manager’s Recommendation |
Resolution BPlanning Board, Transportation Board, and Community Design Commission Recommendation |
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Bicycle Parking |
Existing 6-space bicycle rack |
New 4-space bicycle rack* |
*Boards were not made aware of existing bicycle rack when making recommendation.
1. Summary of Transportation Board Action (p. 12).
2. Summary of Community Design Commission Action (p. 13).
3. Summary of Bicycle and Pedestrian Advisory Board Action (p. 14).
RESOLUTION A
(Bicycle and Pedestrian Advisory Board Recommendation
and Manager’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ORANGE COUNTY REGIONAL LANDFILL (2002-02-11/R-9a)
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 the use or development is a public necessity and is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; 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 February 11, 2004 (two years from the date of Council approval) and be completed by February 11, 2005 (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 11th day of February, 2002.
RESOLUTION B
(Planning Board, Transportation Board, and
Community Design Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE ORANGE COUNTY REGIONAL LANDFILL (2002-02-11/R-9b)
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 the use or development is a public necessity and is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; 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:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Bicycle Parking: Resolution A shall be revised to include the following additional stipulation:
a. 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.
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 11th day of February, 2002.
RESOLUTION C
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR ORANGE COUNTY REGIONAL LANDFILL (2002-02-11/R-9c)
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 the use or development is a public necessity and is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; 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 11th day of February, 2002.