STAFF REPORT
Town Council, December 13, 2007
Staff Report Number PL08-017, 2060 Sowter Drive, Mini-Storage
Consideration of approval of a Special Use Permit (07-SU-008) to establish a mini-storage use on the parcel located at 2060 Sowter Drive (PIN: 0745269214).
Speaker: Kevin A. Hales, Planner II
From: Jeffery G. Ulma, AICP, Director, Planning Department
Prepared by: Kevin A. Hales, Planner II
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager
Special Uses are generally compatible with other land uses permitted in the zoning district yet, because of their unique characteristics or potential impacts on the surrounding neighborhood and the Town as a whole, they require individual consideration as to location, design, configuration, and/or operation at the particular location proposed. Such individual consideration may require the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location {LDO Sec. 3.8.1(A)}. The associated site plan (07-SP-070) is being reviewed in coordination with this Special Use Permit application. When deciding Special Use Permits, Council must follow quasi-judicial procedures.
Proposal
The applicant, Civil Consultants, Inc., acting on behalf of NSS Management, LLC, has requested a Special Use Permit in order to establish a mini-storage use on the property located at 2060 Sowter Drive, which is currently zoned Office, Research and Development (ORD). A site plan (07-SP-070) is being reviewed in conjunction with this application. Final action by Town Council to approve the site plan may not occur until after the approval of this Special Use. According to Table 5.1-2 of the Land Development Ordinance (LDO), mini-storage uses are permitted in the ORD zoning district only through the granting of a Special Use Permit by the Town Council.
Application and Applicant Justification
Neighborhood Concerns
Notice of the proposed site plan and the Special Use Permit request were mailed to the surrounding property owners within four hundred (400) feet of the site on November 26, 2007. The property was posted and advertised as required by the Land Development Ordinance. Two inquiries regarding the timing of the Special Use process were received. Other concerns were expressed about the nature of the use and the balance of planned uses in the commercial subdivision.
Staff Recommendation
Based upon the information submitted and the comments provided within this Report, staff believes that the request meets the required seven (7) Special Use standards of Section 3.8.3 of the LDO necessary for approval of the Special Use Permit. Staff recommends approval of the Special Use Permit with the following condition:
1. Regulations and leases/licenses for storage on the site prohibit the storage of hazardous chemicals in any storage units.
CARY TOWN COUNCIL
WORKSHEET AND SUGGESTED MOTIONS
SPECIAL USE 07-SU-008
Section 3.8.3 of the Town of Cary Land Development Ordinance requires that the following seven (7) general standards must be met in order for the Town Council to grant a Special Use.
(A) The proposed use or development of the land will generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town;
Staff Comments: The subject parcel is located within an area of the Northwest Area Plan designated for Office/Industrial (OFC/IND) uses. The Plan text describes the area as suitable for a “wide range of employment-generating office, light industrial, research and development, and “clean” manufacturing uses.” The Northwest Area Plan continues further to list warehousing and distribution as an example of appropriate uses in the OFC/IND designation. The mini-storage use is a sub-category of the Warehousing and Freight Movement use category of the LDO.
TEST SATISFIED? __ YES __ NO
(B) The proposed use or development of the land will not materially endanger the public health or safety;
Staff Comments: The proposed mini-storage will be internally accessed and climate controlled. The lease agreements of the proposed mini-storage site prohibit the storage of hazardous chemicals within the units. The proposed mini-storage facility will be required to comply with all applicable regulations pertaining to such operations.
TEST SATISFIED? __ YES __ NO
(C) The proposed use is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community;
Staff Comments: The proposed use is intended to serve the off-site storage needs of the new housing being built as development up and down Davis Drive continues to occur. The location, along Sowter Drive (which, according to the Comprehensive Transportation Plan, will eventually be the continuation of Airport Boulevard), is ideal for access from the neighboring communities which are planned (based on the PDD approvals) for more than 1,044 dwelling units.
TEST SATISFIED? __ YES __ NO
(D) The proposed use or development of the land will not substantially injure the value of adjoining or abutting property;
Staff Comments: The proposed mini-storage is internally accessed and climate controlled, avoiding the use of exterior roll-up doors. The storage units are situated toward the rear of the site, behind more traditionally designed office and “flex” buildings. The mini-storage use is buffered from adjacent uses in accordance with the LDO (65’ adjacent to residential parcels and 20’ adjacent to the undeveloped PDD parcel). The buildings will be required to meet the Architectural requirements of the Community Appearance Manual to appear permanent and lasting.
TEST SATISFIED? __ YES __ NO
(E) The proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;
Staff Comments: The proposed use will be consistent with the surrounding uses (existing mini-storage) in the non-residential subdivision. The scale of the proposed buildings will be consistent with the surrounding development within the ORD zoning district. To the south, where previously existing residential is not consistent with the Office/Industrial character of the area, a full, 65’ opaque buffer is being provided in accordance with the requirements of the LDO.
TEST SATISFIED? __ YES __ NO
(F) The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities;
Staff Comments: The proposed use is located adjacent to public utility lines located within the Sowter Drive right-of-way. Fire and Police protection will be provided by the Cary Fire and Police Departments. According to the applicant, waste removal service will be provided by private contractor. Appropriate screening for dumpster enclosures, in accordance with the LDO, has been included in the proposed development plan.
TEST SATISFIED? __ YES __ NO
(G) The proposed use will not cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.
Staff Comments: A traffic study (07-TAR-260) was completed in conjunction with the associated site plan (07-SP-070). The study did not recommend any improvements be required to address traffic concerns regarding the trips generated by this proposed development (including the associated office and flex buildings).
TEST SATISFIED? __ YES __ NO
PROPOSED MOTIONS
Special Uses LDO Section 3.8 et.seq.
Undisputed facts:
1. The property is 2060 Sowter Drive, owned by NSS Management, LLC. The applicant is Civil Consultants, Inc., the owner’s authorized agent.
2. The applicant requested the pre-application conference as required by 3.8.2 (A).
3. The property is located in the Northwest Area Plan, is designated for Office/Industrial Uses (OFC/IND) and the zoning of the property is Office, Research and Development.
4. The application and other records pertaining to the proposed special use are part of the record.
5. Notice has been provided as required by law.
TO APPROVE SPECIAL USE REQUEST
Motion to approve special use request
After conducting a duly advertised public hearing and considering the application materials, testimony and evidence at the hearing or otherwise appearing in the record and the approval criteria of Section 3.8.3, I move that we APPROVE the request [ALT: with conditions or modification] because the proposed use meets all of the approval criteria set forth in Section 3.8.3, based on the following findings,
Findings
We find the undisputed facts # 1-5 and that the proposed use:
(MUST find the use meets ALL of the following)
√ will generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town;
√ will not materially endanger the public health or safety;
√ is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community or region;
√ will not substantially injure the value of adjoining or abutting property;
√ will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;
√ is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities; AND
√ will not cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.
Specifically, to support the above, we find (choose any of the following that are sufficient to justify the above):
□ that all of the reasons set forth in the proposed motion in the worksheet are found to exist and are sufficient to approve the use.
□ ___________________[insert specific findings]
Conditions: The following individualized condition is being imposed in order to ensure that the use (i) will meet the LDO standards, (ii) is appropriate at the location proposed and (iii) to protect the public health, safety, and general welfare.
1. Regulations and leases/licenses for storage on the site prohibit the storage of hazardous chemicals in any storage units.
TO DENY THE SPECIAL USE:
Motion to deny special use application
After conducting a duly advertised public hearing and considering the application materials, testimony and evidence at the hearing or otherwise appearing in the record and the approval criteria of Section 3.8.3, I move that we DENY the request because the proposed use does not meet all of the approval criteria set forth in Section 3.8.3, based on the following findings,
Findings
We find the undisputed facts # 1-5 and that the proposed use does not meet all of the approval criteria, specifically the proposed use:
[CHOOSE AT LEAST ONE OF THE FOLLOWING:]
□ does not generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town;
□ does not avoid materially endangering the public health or safety;
□ is not reasonably necessary for the public health or general welfare;
(For example: it does not enhance the successful operation of the surrounding area in its basic community functions due to ____; or it does not provide an essential service to the community or region because _____)
□ will substantially injure the value of adjoining or abutting property;
□ will not be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is proposed to be located;
□ is not appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities;
□ will cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.
Specifically to support the above finding we find:
[Insert the specific reason that you find the use will not meet the criteria chosen above]