11-SP-018 Annandale Center

Town of Cary , North Carolina
Development Plan Staff Report
11-SP-018 Annandale Center
Town Council Public Hearing
August 9, 2011

REQUEST

The applicant, Danny Howell, on behalf of the property owner, Patricia Johnston, has requested approval of a site plan to convert an existing 1,350-square foot single-family detached dwelling located at 406 Faculty Avenue into a dance studio (personal service) use.

Site Plan

NOTES
In accordance with the LDO, the Town Council must follow quasi-judicial procedures when deciding site plans.

SUBJECT PARCEL

Property Owner	Wake County Parcel Identification Number (PIN) (10-digit)	Real Estate ID Number	Deeded Acreage
Patricia T. Johnston 215 SE Maynard Rd. Cary, NC 27511-4509	0763495767	0070077	0.25
Total Area			0.25

BACKGROUND INFORMATION

Agent & Applicant	Danny Howell Bass, Nixon & Kennedy, Inc. 6310 Chapel Hill Road, Suite 250 Raleigh, NC 27607 (919) 851-4422 danny.howell@bnkinc.com
General Location Vicinity Map	Western side of Faculty Avenue, across from the Cary Arts Center
Land Use Plan Designation	Cottage Business and Residential
Base Zoning Districts	Town Center – Cottage Business and Residential
Existing Use	Single-family-detached Dwelling
Proposed Use	Personal Service
Staff Contact	Kevin A. Hales Town of Cary Planning Department P.O. Box 8005 Cary, NC 27512-8005 (919) 469-3944 kevin.hales@townofcary.org

SITE CHARACTERISTICS

Streams: According to both the documents submitted for review and the Town’s GIS maps, no streams impact the subject property.
Floodplain: According to both the documents submitted for review and the Town’s GIS maps, no floodplains or floodways impact the subject property.
Wetlands: According to the documents submitted for review, there are no wetlands located on the subject property.
Topography: The property slopes downward from Faculty Avenue toward the southwestern corner of the site. The change in elevation is approximately 15 feet.
Surrounding Land Uses:
North – Single-family-detached Dwelling
South – Vacant (stormwater device for Cary Elementary School)
East – Cary Arts Center parking (across Faculty Avenue)
West – Professional Office (parking for Bliss Real Estate)

PROJECT DESCRIPTION

The property owner proposes to convert the existing dwelling, with the removal of the existing garage, into a dance studio. The residential driveway would be closed and the applicant would widen Faculty Avenue to accommodate three new parallel parking spaces along the property’s frontage. The design of this parking would be consistent with new parallel parking spaces to be installed by the Town along Faculty Avenue fronting the property immediately south of the subject property. Sidewalk would be provided across the property frontage and a new handicap access ramp would provide accessible entry to the building.

The removal of the driveway and garage impervious footprint provides the opportunity for the applicant to provide the on-street parking without requiring installation of a stormwater device on-site. As a result, the property would retain a more residential appearance. The plans also propose to supplement the perimeter buffers with shrubs and trees to meet the performance requirements.

SUMMARY OF PROCESS AND ACTIONS TO DATE

Pre-application Conference
The applicant attended a pre-application conference with the Town of Cary Development Review Committee on January 19, 2011.

Town Center Review Commission (TCRC)
The plan was presented to the TCRC on June 8, 2011 showing three on-site parking spaces. That plan received a unanimous recommendation for approval. Topics of discussion during the meeting included the amount of impervious surface being proposed on the site, whether gravel parking could be used in-lieu of asphalt, and whether changes to the façade had been considered.

As a result of the discussion at the TCRC meeting and with staff, the applicant revised the original plan to provide on-street parking in-lieu of the on-site parking originally proposed.

TENTATIVE SCHEDULE

Meeting	Date	Action
Town Center Review Commission	June 8, 2011	Forwarded to Town Council with an unanimous recommendation for approval
Town Council	August 9, 2011

Comprehensive Plan Summary

Comprehensive Plan Element	Consistent	Not Consistent	Not Applicable
A. Land Use Plan	x
B. Parks, Recreation, and Cultural Resources Facility Master Plan			x
C. Growth Management Plan			x
D. Affordable Housing Plan			x
E. Comprehensive Transportation Plan	x
F. Open Space and Historic Resources Plan			x

A. Land Use Plan
The subject property is located in the Town Center Area Plan and is designated Cottage Business and Residential. This land-use designation includes single-family homes and light office or commercial uses that retain the appearance of single-family dwellings. The proposed conversion does not include significant changes to the existing site, retaining the residential appearance of the property.

B. Parks & Greenways Master Plan
The Parks, Recreation, and Cultural Resources Facilities Master Plan does not indicate any required improvements that would impact the proposed development.

C. Growth Management Plan
The Growth Management Plan is not applicable to the proposed development.

D. Affordable Housing Plan
The proposed development has no residential component; therefore, the Affordable Housing Plan does not apply to this development.

E. Comprehensive Transportation Plan
Faculty Avenue is designated as a local street
Existing Section: 2-lane, undivided within a 40-foot (approximate) right-of-way
Proposed Section: 2-lane, undivided within a 50-foot right-of-way (an additional 9.5 feet of right-of-way would be dedicated with this project to accommodate the on-street parking)
Sidewalks: None existing; sidewalk would be provided along the western side
Bicycle Lanes: None
Transit: The proposed development is located within walking distance of fixed C-Tran routes and the Cary Depot.

F. Open Space and Historic Resources Plan
The Open Space and Historic Resources Plan identifies no significant resources on the subject properties.

CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE (LDO)

Traffic
The proposed use would not generate more than 50 peak-hour trips per day. Therefore, no Traffic Impact Analysis was required by the Land Development Ordinance.

Buffers and Streetscapes
Section 7.2.3 of the LDO exempts properties located within the Town Center (TC) zoning district from the strict application of the perimeter buffer requirements found in the majority of the Town. Since it is still desirable, in most cases, to provide a buffer between different but compatible land uses, the installation of a perimeter buffer that meets the performance criteria of the LDO is often provided.

The applicant has proposed a 10-foot buffer along the northern, the western, and the southern property lines consisting of a mixture of evergreen shrubs and deciduous trees. The existing wooden fences would remain along the northern and the western property lines, enhancing the performance of the proposed vegetation and meeting a Type A (Opaque) buffer. The vegetation proposed along the southern property line is required to meet a Type C (Aesthetic) buffer.

The applicant will install plantings in the streetscape along Faculty Avenue to maintain and complement the residential character of the community.

Architectural
The applicant has not proposed any changes to the existing residential building façades. A new handicap ramp is required to meet ADA accessibility requirements for the new use.

MINOR MODIFICATION to the Development Standards

Parking:
Section 7.8.2(H) of the LDO allows council, as part of their approval of a development plan in Town Center, to approve a reduction of up to 50% in the number of designated parking spaces upon finding that the parking provided is sufficient to satisfy the expected parking based on the nature of the use, the number of trips generated, the time of day the trips occur, the extent that opportunity exists for shared trips, and/or the availability of on-street parking.

The proposed personal service use would require seven parking spaces based on the gross square footage of the existing structure that is being retained. The applicant originally proposed to provide three spaces (two normal and one handicap) on the site. Additionally, the applicant provided future expansion space to accommodate two additional spaces for a total of five on-site spaces if deemed necessary by the Town. Staff offers the following observations on the approval criteria for the requested parking reduction:

Nature of the Use: The applicant has proposed to use the existing structure as a dance studio, with only limited modifications to the interior. The internal layout of the structure is very residential in nature and would significantly limit the number of students.

Number of Trips Generated: The proposed personal service use would generate approximately three vehicle trips in the evening peak hour (none in the morning peak hour).

Time of Day: The applicant has indicated that the majority of classes would be held after-school and in the evenings. This would allow the proposed business to take advantage of available on-street parking located farther south on Faculty Drive if necessary. In addition, the parking at the Cary Arts Center could also be used when available.

Shared Trips: The applicant has indicated that the majority of students would be dropped off, reducing the demand for patron parking.

Availability of On-street Parking: The applicant would provide three additional on-street parking spaces along the property frontage.

Subsequent to the TCRC meeting, the applicant met with the Planning and Engineering Departments, and the Downtown Development Manager to request consideration of an alternative parking arrangement to replace the five on-site spaces with three on-street spaces, using available parking in the area as equivalent to the two “future” spaces shown in the original plan. Section 7.8.3(E) of the LDO allows the Town Council to consider alternative parking arrangements provided the plan satisfies the following criteria:

The proposed plan will protect surrounding neighborhoods;

Observations: Provision of on-street parking would significantly reduce the disturbed area on-site. This, in-turn, would provide more opportunity for the applicant to maintain the residential character of the property, especially within the rear of the property, which abuts the rear yard of an adjacent residential dwelling. The proposed on-street parking would represent the same number of spaces originally considered as acceptable by staff and the TCRC; however, with on-street parking installed, there would be less opportunity for future parking on-site should such parking be deemed desirable by the Town.

maintain traffic circulation patterns;

Observations: The on-street parking would be included in a widened portion of the street, limiting the impacts of the proposed parking on the traffic circulation along Faculty Avenue.

and promote quality urban design to at least the same extent as would strict compliance with otherwise applicable off-street parking standards.

Observations: The provision of on-street parking in-lieu of on-site parking is consistent with general urban design of downtown areas. Such provisions also eliminate the need for a stormwater control device on-site, which would represent a disruption of the residential character of the neighborhood.

CARY TOWN COUNCIL

WORKSHEET AND SUGGESTED MOTIONS

ACTION 1:

MOTION TO GRANT THE MINOR MODIFICATION TO THE DEVELOPMENT STANDARDS
Upon conducting a duly-advertised public hearing and considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the criteria of Section 7.8.2(H), I move that we APPROVE the request for minor modification to the development standards including the staff comments contained in the staff report [ALT: with the following changes to the staff comments____] as findings to support the determination that the reduced number of required off-street parking spaces (5) will be sufficient to satisfy the demand for parking expected for the proposed use as described within the staff report.

MOTION TO DENY THE MINOR MODIFICATION TO THE DEVELOPMENT STANDARDS
Upon conducting a duly-advertised public hearing and upon considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the criteria of Section 7.8.2(H), I move that we DENY the request for minor modification to the development standards, finding that the reduced number of required off-street parking spaces (5) will not be sufficient to satisfy the demand for parking expected for the proposed use as described within the staff report, based on the following findings with regard to the criteria set forth in Section 7.8.2(H), which shall be set forth in the DECISION. Specifically, [choose the criteria below that have not been met and state the reason why it is not met.]

With regard to the nature of the use, the proposed modification would ___________;

With regard to the number of trips generated, the proposed modification would ______________;

With regard to the times of day when the use generates the most trips, the proposed modification would ____________;

With regard to the extent to which other establishments are located on the same property and may reduce the number of vehicle trips required between different establishments, the proposed modification would ______________;

With regard to the availability of nearby on-street spaces or public parking facilities, the proposed modification would ____________;

ACTION 2:

MOTION TO GRANT PARKING ALTERNATIVE
Upon conducting a duly-advertised public hearing and considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the criteria of Section 7.8.3(E), I move that we APPROVE the proposed alternative to providing off-street parking including the staff comments contained in the staff report [ALT: with the following changes to the staff comments____] as findings to support the determination that the proposed alternative parking arrangement as described within the staff report is satisfactory with regard to the criteria listed in Section 7.8.3(E) of the LDO to at least the same extent as would strict compliance with otherwise applicable off-street parking standards.

MOTION TO DENY PARKING ALTERNATIVE

Upon conducting a duly-advertised public hearing and considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the criteria of Section 7.8.3(E), I move that we DENY the proposed alternative to providing off-street parking, finding that the proposed alternative parking arrangement as described within the staff report is not satisfactory to at least the same extent as would strict compliance with otherwise applicable off-street parking standards, based on the following findings with regard to the criteria set forth in Section 7.8.3(E), which shall be set forth in the DECISION. Specifically, [choose the criteria below that have not been met and state the reason why it is not met.]

With regard to protecting surrounding neighborhoods, the proposed alternative would _________;

With regard to maintaining traffic circulation patterns, the proposed alternative would _________;

With regard to promoting quality urban design, the proposed alternative would ____________;

ACTION 3:

Section 3.9.2(I) of the Town of Cary Land Development Ordinance requires that the following five (5) criteria (in bold text below) be met in order for the Town Council to approve a Site Plan:

(1) The plan complies with all applicable requirements of this Ordinance, including the development and design standards of Chapters 7 and 8 as well as the dedication and improvements provisions of Chapter 8 as well as all applicable Town specifications.

Staff Comments:
Except as mentioned above in the Minor Modifications section, the proposed development plan complies with the LDO, the Community Appearance Manual, and all other regulations and plans as applicable.