STAFF REPORT
Town Council, December 13, 2007
Staff Report Number PL08-018, 2050 Sowter Drive, (North State Storage)
Consideration of approval of a Special Use Permit (07-SU-009) to bring an existing mini-storage use located on the parcel at 2050 Sowter Drive (PIN: 0745362103) into conformity with the current Land Development Ordinance (LDO) use regulations.
Speaker: Kevin A. Hales, Planner II, Planning Department
From: Jeffery G. Ulma, AICP, Director, Planning Department
Prepared by: Kevin A. Hales, Planner II, Planning Department
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)}. If a site plan were to be necessary, then it would be reviewed in coordination with the 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 to bring an established, legally non-conforming, mini-storage use on the property located at 2050 Sowter Drive into conformity with the current LDO use regulations. Under the current Office, Research and Development (ORD) zoning district, mini-storage uses are required to obtain a Special Use permit prior to establishment or expansion. The applicant does not propose any changes or alterations to the existing site and mini-storage use, therefore no site plan is required to be reviewed in association with this application. A site plan depicting the existing conditions has been submitted for exhibit purposes only.
Application and Applicant Justification
Neighborhood Concerns
Notice of the public hearing for the special use permit request was mailed to surrounding property owners within 400 feet of the site in accordance with the LDO and other applicable regulations. No inquiries were received at the time this staff report was completed.
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 conditions:
1. The existing streetscape planting shall be supplemented to meet the planting requirements and screening requirements of the current LDO in order to improve the consistency of the existing site with the current requirements;
2. The 10’ multi-use trail shall replace the sidewalk along the Sowter Drive frontage of the property.
3. A site plan depicting the above conditions of approval shall be submitted within ninety (90) days of the date of Town Council approval of the Special Use permit unless an extension is granted by the Planning Director for good cause shown. Approval of this Special Use permit shall not be valid until such site plan is approved and all improvements constructed in accordance with all applicable requirements.
4. 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
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 goes further to list warehousing and distribution as an example of appropriate uses in the OFC/IND designation. Mini-storage uses are a sub-category of the Warehousing and Freight Movement use category of the current 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 management of the mini-storage business 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 existing mini-storage use serves the off-site storage needs of the new housing being built as development up and down Davis Drive continues to occur as well as the existing communities in both Cary and Morrisville. 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 existing mini-storage use has been operating since 2003. The existing site provided the full 65’ required buffer width adjacent to the residential development to the south in accordance with the current LDO.
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 existing mini-storage use is currently the only business within this non-residential subdivision. To the south, where previously existing residential is not consistent with the Office/Industrial character of the area, a full, 65’ Opaque buffer is already provided in consistency with the current 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 existing use is located adjacent to public utility lines located within the Sowter Drive right-of-way. Fire and Police protection are provided by the Cary Fire and Police Departments. According to the applicant, waste removal service is provided by private contractor. Appropriate screening for dumpster enclosures as required by the current LDO is already provided on the site.
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 site plan (07-SP-070) associated with the adjacent site. This study did not recommend any improvements be required to address traffic concerns regarding the trips generated by that proposed development (including the associated office and flex buildings) and took into account the background traffic generated from this existing site.
TEST SATISFIED? __ YES __ NO
PROPOSED MOTIONS
Special Uses LDO Section 3.8 et.seq.
Undisputed facts:
1. The property is 2050 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 Use (OFC/IND) and the zoning of the property is Office, Research and Development (ORD).
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 conditions are 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. The streetscape plantings shall be supplemented to meet the planting requirements and screening requirements of the current LDO regulations.
2. The 10’ multi-use trail shall replace the sidewalk along the Sowter Drive frontage of the property.
3. 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]