E.   PUBLIC HEARINGS

The following rules apply to the following special use public hearing (08-SU-01):

This quasi-judicial hearing considers an application for a variance or a special use permit. It requires an evidentiary hearing on the application, which will be heard by Council acting as a quasi-judicial board. The purpose of the hearing is to enable Council to gather legally acceptable evidence in order to establish sufficient facts to apply the applicable ordinance. No ex parte contact of Council is permitted. This means that Council should not discuss or receive information about the merits of the case from the parties, or members of the public, before the hearing. All testimony before Council must be "sworn" testimony. All persons wishing to speak on this matter must be sworn in. Applicants may elect to be represented by legal counsel. All persons wishing to speak will be given a reasonable time in which to be heard; however, groups are encouraged to select a spokesperson to speak for the group in order to avoid repetitious testimony. All documents provided to Council to consider as evidence should be numbered and copies must be provided to the Clerk and to the other party. Inflammatory, irrelevant or repetitious testimony is not permitted.

The applicant has the burden of producing sufficient substantial, competent and material evidence for the Council to conclude that the standards of the applicable ordinance(s) have been met.

PROCEDURE FOR THE HEARING

The procedure for hearing this case is as follows:

·         A staff representative presents a preliminary statement.

·         The applicant is called on to present the argument in support of the application, followed by others who wish to speak in support of the application.

·         Persons opposed to the application are invited to speak.

·         Both sides are permitted to question the other side.

·         Both sides are permitted to present rebuttals.

·         The hearing is closed.

The Council deliberates in order to reach a decision. In the course of the deliberation, the Council may ask questions of the staff, the applicant or others who have testified, but beyond that, additional comments from the floor will be admitted only at the discretion of the Mayor.

1.    SPECIAL USE PERMIT 08-SU-001, Highway 55 Self Storage
Property Address: 3719 NC 55 Highway
Current Zoning: Office Research and Development (ORD)
Request: Approval to establish a mini-storage use
Acreage: 6.96
Associated Development Plan: Sketch Plan 08-SP-035, Highway 55 self storage (refer to agenda item F.3.
Speaker: Mr. Kevin Hales
Proposed council action: Council may take action on the special use request by using the prepared motions (08-SU-001). The presentation for the associated development plan (sketch plan 08-SP-035, agenda item F.3.) will be given during the special use public hearing. After council acts on the special use, they may immediately move to agenda item F.3. and take action on the associated development plan (08-SP-035). The Council may then take action on the associated annexation, 08-A-06, which is item E.2. on this agenda.

STAFF REPORT

Town Council, July 24, 2008

NC 55 Self Storage (PL09-003)

Consideration of application for a Special Use Permit to establish a mini-storage use on the parcel located at 3719 NC Highway 55

Speaker:  Mr. Kevin Hales

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 on 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 [Land Development Ordinance (LDO) Sec. 3.8.1(A)]. When deciding Special Use Permits, Council must follow quasi-judicial procedures.

As provided by 3.8.1(B) of the LDO, the associated site plan (08-SP-035) is being reviewed in coordination with this Special Use Permit application.

Proposal

The applicant, Kimberly Development Group, acting as an authorized agent and specifically authorized by the owner of the property, Hwy 55 Self Storage, LLC, has requested a Special Use Permit to establish a mini-storage use on the property located at 3719 NC Highway 55, which is currently zoned Office, Research and Development (ORD).  According to Table 5.1-2 of the LDO, mini-storage uses are only permitted in the ORD zoning district through the granting of a Special Use Permit by the Town Council.  A site plan (08-SP-035) 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.

Neighborhood Concerns

Notice of the proposed site plan and the public hearing on the Special Use Permit request were mailed to surrounding property owners within four hundred (400) feet of the site on July 7, 2008. Notice of the public hearing on the Special Use application was posted on the property and advertised as required by the Land Development Ordinance.  To date, no interested parties have contacted the Planning Department regarding this proposal.

Staff Recommendation

The Town Plans and the policies relevant to the proposed application include the Land Development Ordinance and the Comprehensive Plan.

Staff has reviewed the application and materials provided by the applicant in support of the application based on the requirements of the Land Development Ordinance and consistency with the Comprehensive Plan.  Staff has included a brief discussion of its findings in the attached worksheet.

Based on the information submitted in support of the application and the analysis presented within this staff report, the Development Review Committee (DRC) believes the request meets the required seven (7) Special Use standards of Section 3.8.3 of the LDO for approval of the Special Use Permit, with the addition of the following conditions: 

1.         The Resolution and Permit approved by the Town Council in this Special Use application shall be recorded with the Wake County Registrar of Deeds upon the expiration of the appeal period per Section 3.8.4(E) of the LDO.  A copy of the recorded Resolution and Permit shall be returned to the Planning Department.

2.         The development shall connect to public sewer service within ninety (90) days of a functional sewer line being located within three hundred (300) feet of the property.  Additional time to make the utility connection may be approved by the Planning Director for good cause shown.  Any request for a time extension shall be submitted prior to the expiration of the original ninety (90) day time frame.

3.         The regulations, leases, and/or licenses for storage on the site shall prohibit the storage of hazardous materials in any storage units.

4.         In accordance with LDO Section 3.8.1(B)(2), the approval of this special use is conditioned on the subsequent approval of a site plan required under LDO Section 3.9.

CARY TOWN COUNCIL

WORKSHEET AND SUGGESTED MOTIONS

SPECIAL USE 08-SU-001

Section 3.8.3 of the Town of Cary Land Development Ordinance requires that the following seven (7) general standards 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 the Southwest Area Plan (SWAP), which is a smaller component of the Comprehensive Plan.  The SWAP designates the area west of NC 55 Highway between the proposed Morrisville Parkway and the existing Green Hope School Road as Mixed Use (MXD).  Additionally, the SWAP includes a note (#1) which states the entire MXD area should be developed as a comprehensive Mixed Use Center in association with a future Mixed Use Overlay District that has yet to be applied to the intersection of NC 55 Highway and the future Morrisville Parkway.  The development that has occurred on the surrounding parcels creates a number of obstacles that limit full implementation of the SWAP note.  The property to the west of the subject parcel is being developed as a Medium-Density Residential Development in accordance with the approved Highcroft Village PDD.  This eliminates the opportunity for connectivity to the west.  The US Army Reserve Training Center is located immediately to the south of the proposed mini-storage; therefore, connectivity in that direction is no longer a possibility.  A 100-foot Urban Transition Buffer runs the length of the northern property line, creating a natural barrier from the properties located to the north of this parcel.  The limitation of access to the parcel to right in/right out further limits the likelihood of viable mixed-use development.  The proposed use would supply a support service to the surrounding community, so it is similar in scope and intensity to the support uses listed in the SWAP definition of MXD.

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 use would be required to comply with all applicable federal, state, and local regulations governing such uses, including restrictions on what can be stored within the units based on the Fire Code.  The applicant has indicated their intent to utilize standard lease agreements for this facility which include language prohibiting the storage of: “…any explosives, or any flammable, odorous, noxious, corrosive, and hazardous or pollutant materials…”  The agreements go further in allowing the leasor to access any units in order to correct any violation of the above restrictions, if they feel that those restrictions have been or are being violated.  This finding is supplemented by the associated proposed condition (#3) which requires that any lease agreements for the facility include language prohibiting hazardous materials from being stored in the units.

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:  There has been a significant increase in the amount of residential development west of NC Highway 55 in recent years.  As residential development continues in this area, the need for storage space to support this increased residential development continues to increase as well.  This parcel is located adjacent to a major thoroughfare (NC Highway 55) which carries large volumes of traffic from the surrounding community on a daily basis, making the property well-located to serve the storage needs of the local residents.

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:  There is a one-hundred foot Urban Transition Buffer (UTB) which runs the length of the property’s northern and western property lines.  This vegetated buffer is in excess of the width that would be required under the Land Development Ordinance.  Section 7.2.3(B) of the LDO requires one-half of a 25-foot Type C Aesthetic buffer along the northern property line and one-half of a 20-foot Type C Aesthetic buffer along the western property line.  At its narrowest point, the edge of the UTB is 50 feet into the property.  This is twice the width of the buffer required (four times this project’s requirement of 12.5 feet along the northern property line).  In addition, the spacing of the existing trees within the UTB is denser than the planting requirements of a Type C Aesthetic buffer.  The property located to the south is being developed by the US Army Reserve, which provides excess undisturbed vegetation on their side of the property line.  The mini-storage use is proposing to provide 12.5 feet of buffer, which is more than one-half of the required 20-foot buffer width.  The proposed mini-storage use is arranged on the site such that one of the mini-storage buildings is located with its longest side parallel to NC Highway 55.  This would serve as a visual barrier into the site from the adjacent thoroughfare.  All buildings on the site will be required to comply with Town of Cary Architectural Design Guidelines when the full site plan is submitted for review and approval by the Town.

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 properties located north of the subject site are vacant, non-residentially zoned parcels which are physically separated from this parcel by the 100-foot UTB.  The property located to the south is a US Army Reserve Training Center, which is similar in height and massing to the proposed two-story mini-storage facility.  The properties located on the eastern side of NC Highway 55 consist of the American Soil and Mulch facility and the Mastec electrical contractors.  Additionally, a single-family home is located on a parcel on the opposite side of NC Highway 55 from the proposed project.

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 on NC Highway 55, which is a major thoroughfare.  A 20-inch public water line is located in the NC Highway 55 right-of-way.  Sanitary sewer service is not currently available to the site.  A sanitary sewer line is proposed to be stubbed to the western property line of the subject site, in conjunction with a Highcroft Village subdivision plan which is currently in review by staff.  The applicant is requesting approval to utilize a private septic system for the single office toilet associated with the development until sanitary sewer is available for the site.  Section 8.1.5(H)(4) of the LDO allows development to utilize private well and septic systems, provided that the proposed demands are low and that all required governmental agencies approve the request.  The property is located within one mile of Fire Station 7.  Police protection would be provided by the Town of Cary.

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:  The proposed mini-storage use would generate significantly less traffic than most uses permitted within the ORD zoning district, including hospitals, hotels, and office parks.  The requested square footage of the mini-storage use would generate less than 50 peak-hour trips; therefore, no traffic study was required for the application.  The location of the parcel in conjunction with the configuration of NC Highway 55 would require that the parcel be accessed only by a right in/right out driveway, further reducing potential traffic impacts to the surrounding community.

TEST SATISFIED? __ YES __ NO

List of Exhibits:

Exhibit A:  Application (attached to and incorporated herein as Exhibit)

Exhibit B:  Applicant’s Statement of Justification (attached to and incorporated herein as Exhibit)

Exhibit C:  Schematic Building Elevations (attached to and incorporated herein as Exhibit)

Exhibit D:  Site Plan 08-SP-035 and all associated contents of the case file (attached to and incorporated herein as Exhibit)

PROPOSED MOTIONS 

TO APPROVE SPECIAL USE REQUEST

Motion to approve special use request

After conducting a duly advertised public hearing and after considering the application materials, testimony, and evidence presented 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 and adopt the proposed RESOLUTION AND PERMIT including the staff comments shown on the proposed worksheet [ALT: with the following changes to the staff comments____] as findings, to support the determination that the proposed use meets all of the approval criteria set forth in Section 3.8.3.

TOWN OF CARY

RESOLUTION and PERMIT

for

SPECIAL USE

(08-SU-001)

Subject Property: 3719 NC Highway 55, Cary, NC

PIN10 #: 0735702552     (Wake County)

REALID #: 0117124

Total lot/tract size: 6.65± acres

Subdivision: Property of the Carpenter Company (Lot 1)

Property Owner:          Hwy 55 Self Storage, LLC

4601 Six Forks Road, Suite 500, Raleigh, NC, 27609

Applicant:        Kimberly Development Group (Hwy 55 Self Storage, LLC)

4601 Six Forks Road, Suite 500, Raleigh, NC, 27609
 

Existing Zoning:           Office, Research and Development (ORD)

Approved Special Use:            Mini-storage facility

At its meeting on July 24, 2008, after conducting a duly advertised quasi-judicial hearing and after considering the application materials, testimony, and evidence presented at the hearing or otherwise appearing in the record, and the approval criteria of Section 3.8.3 of the Town of Cary Land Development Ordinance, the Cary Town Council voted X – X to APPROVE the establishment of a mini-storage use, as provided in Town of Cary LDO Section 5.1-2, as a Special Use based upon the following findings and conditions:

Findings:

1.         The property is located at 3719 NC Highway 55 and is owned by Hwy 55 Self Storage, LLC.  The applicant is Kimberly Development Group, the owner’s authorized agent specifically authorized by the Owner to file the application.

2.         The applicant requested the pre-application conference, as required by Section 3.8.2 (A) of the LDO.

3.         The property is located in the Southwest Area Plan component of the Comprehensive Plan and is designated for Mixed Use (MXD).

4.         The zoning of the property is Office, Research and Development (ORD).

5.         The application and other records pertaining to the proposed special use are part of the record.

6.         Notice has been provided as required by law.

7.         The approval criteria set forth in Section 3.8.3 of the LDO have all been met, specifically:

7A.       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.  [INSERT STAFF COMMENTS AS MODIFIED BY COUNCIL]

7B.       The proposed use or development of the land will not materially endanger the public health or safety.  [INSERT STAFF COMMENTS AS MODIFIED BY COUNCIL]

7C.       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.  [INSERT TO STAFF COMMENTS AS MODIFIED BY COUNCIL]

7D.       The proposed use or development of the land will not substantially injure the value of adjoining or abutting property.  [INSERT STAFF COMMENTS AS MODIFIED BY COUNCIL]

7E.       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.  [INSERT STAFF COMMENTS AS MODIFIED BY COUNCIL]

7F.       The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities.  [INSERT STAFF COMMENTS AS MODIFIED BY COUNCIL]

7G.       The proposed use will not cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.  [INSERT STAFF COMMENTS AS MODIFIED BY COUNCIL]

CONDITIONS

The Special Use is subject to the following conditions:

1.         This Resolution and Permit approved by the Town Council in this Special Use application shall be recorded with the Wake County Registrar of Deeds upon the expiration of the appeal period per Section 3.8.4(E) of the LDO.  A copy of this recorded Resolution and Permit shall be returned to the Planning Department.

2.         The development shall connect to public sewer service within ninety (90) days of a functional sewer line being located within three hundred (300) feet of the property.  Additional time to make the utility connection may be requested of the Planning Director for good cause shown.

3.         The regulations, leases, and/or licenses for storage on the site shall prohibit the storage of hazardous materials in any storage units.

4.         The approval of this special use is conditioned on the subsequent approval of a site plan required under LDO Section 3.9, in accordance with LDO Section 3.8.1(B)(2).

Signed, this ___ day of ____, 2008

____________________________

Harold Weinbrecht, Jr., Mayor

TO DENY THE SPECIAL USE:

Motion to deny special use application

After conducting a duly advertised public hearing and after considering the application materials, testimony, and evidence presented 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 and adopt the following RESOLUTION, finding that the proposed use does not meet all of the approval criteria set forth in Section 3.8.3, based on the following findings which shall be set forth in the RESOLUTION.  Specifically, the application does not: [choose the criteria below that have not been met and state the reason why it is not met.]

TOWN OF CARY

RESOLUTION DENYING

SPECIAL USE

(08-SU-001)

Subject Property: 3719 NC Highway 55, Cary, NC

PIN10 #: 0735702552 (Wake County)

REALID #: 0117124

Total lot/tract size: 6.65± acres

Subdivision: Property of the Carpenter Company (Lot 1)

Property Owner:          Hwy 55 Self Storage, LLC

4601 Six Forks Road, Suite 500, Raleigh, NC, 27609

Applicant:                    Kimberly Development Group (Hwy 55 Self Storage, LLC)

4601 Six Forks Road, Suite 500, Raleigh, NC, 27609
 

Existing Zoning:           Office, Research and Development (ORD)

Proposed Special Use:            Mini-storage facility

At its meeting on July 24, 2008, after conducting a duly advertised quasi-judicial 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 of the Town of Cary Land Development Ordinance the Cary Town Council voted X – X to DENY a mini-storage use, as provided in Town of Cary LDO Section 5.1-2, as a Special Use based upon the following findings:

Findings:

1.         The property is located at 3719 NC Highway 55 and is owned by Hwy 55 Self Storage, LLC.  The applicant is Kimberly Development Group, the owner’s authorized agent.

2.         The applicant requested the pre-application conference, as required by Section 3.8.2 (A) of the LDO.

3.         The property is located in the Southwest Area Plan component of the Comprehensive Plan and is designated for Mixed Use (MXD)

4.         The zoning of the property is Office, Research and Development (ORD).

5.         The application and other records pertaining to the proposed special use are part of the record.

6.         Notice has been provided as required by law.

7.         All of the approval criteria have been NOT been met, specifically:

 [INSERT THE APPROPRIATE CRITERIA THAT HAVE NOT BEEN MET]

□          The proposed use or development of the land will not generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town.  [INSERT FINDINGS TO SUPPORT]

□          The proposed use or development of the land will materially endanger the public health or safety.  [INSERT FINDINGS TO SUPPORT]

□          The proposed use is not 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.  [INSERT FINDINGS TO SUPPORT]

□          The proposed use or development of the land will substantially injure the value of adjoining or abutting property.  [INSERT FINDINGS TO SUPPORT]

□          The proposed use or development of the land will not be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located.  [INSERT FINDINGS TO SUPPORT]

□          The proposed use is not appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities.  [INSERT FINDINGS TO SUPPORT]

□          The proposed use will cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.  [INSERT  FINDINGS TO SUPPORT]

Signed, this ___ day of ____, 2008

____________________________

Harold Weinbrecht, Jr., Mayor

ACTION: Mr. Frantz moved to accept representation (on behalf of the applicant) by someone other than an attorney. Mrs. Robison provided the second, and council granted unanimous approval.

Oaths are attached to and incorporated herein as Exhibit.

Staff’s PowerPoint presentation is attached to and incorporated as Exhibit.

Mr. Jason Barron, on behalf of the applicant, introduced the team working on behalf of the applicant. He stated the project is for a self-storage facility along NC Highway 55, and the site is about six and ¾ acres. He stated there is a significant stream buffer serving as the northern and western boundaries of the property. He stated the property to the south is being developed by the Army as an Army Reserve training facility, and the area has developed primarily as industrial. He thinks the self-storage facility will be compatible with the surrounding uses. He stated there is only one other storage facility in a 2.5 mile radius of the site. He stated the Town is growing rapidly, and there is a real need for these facilities, especially in the western portion of Cary.

Mr. Chad Stelmok, the owner and developer of the property, stated the property is about two miles south of the I-540/Highway 55 interchange and about 1.7 miles north of the High House Road area. He stated they do have some stream buffers on the site. He stated a self-storage facility will provide a service for the local community. He stated there is substantial growth planned in western Cary, which indicates this use is needed. He stated they bring minimal impact to the infrastructure as compared to other uses that could be developed on this property. He stated they have provided a copy of their lease agreement to Town staff to show that it will be forbidden for customers to store hazardous or explosive materials in these storage units. He stated this agreement gives them the ability to enter facilities if they believe they are violating this agreement in order to take immediate action.

Mr. Stelmok stated the plan proposes five buildings, four of which will be single story and one a two-story building. They plan to phase the development beginning with Buildings 1 and 2. He stated Building 1 runs north and south parallel to Highway 55, and Building 2 runs along the southern property line adjacent to the Army Reserve property. He stated they will bring the other buildings on-line as space is filled. He stated the development will have an attractive façade, which will be visible from the road. He stated the two-story structure will be Building 5, and it will be located on the northern property line.

Mr. Stelmok distributed photocopies showing the development in the vicinity of this proposal. Refer to Exhibit, attached to and incorporated herein, for these photocopies. He stated to the north they have a 200 foot transition buffer, and the streams run along the property line. He stated this would be natural, undisturbed buffer. He stated the same buffer would exist on the western side. He stated on the southern property line there will be about a 60-foot transitional tree conservation area that the Army Corps of Engineers put in place on their site. He stated the site is almost totally surrounded by transitional buffers. He stated they spent a lot of time identifying property that would accommodate a self-storage facility and protect the adjacent properties and provide a service to the neighborhood.

Mr. Battle Koonce, a state certified general appraiser, submitted his analysis, which his attached to and incorporated herein as Exhibit. He stated the basis of the report was to find existing self-storage facilities, compare them to adjoining vacant parcels that had sold, and then compare those vacant parcels to other area parcels that have recently sold. He stated this would limit the amount of differences and would require minimal analysis. He concluded that the proposed use of the land for self-storage facility will not substantially injure the value of the adjoining or abutting property. He stated all the prices of the adjoining vacant parcels were very similar, and in some cases exceeded the vacant parcels that were non-adjoining.

Mr. Jason Hamilton, a traffic engineer and a NC registered professional engineer, distributed a traffic assessment, which is attached to and incorporated herein as Exhibit. He stated the primary focus of the assessment was to have a comparison of the traffic expected to be generated by the site and the traffic that could be generated by a similar size facility under the current zoning. He concluded that a general office building would be a feasible development for the site. He conducted a trip generation analysis for similar size general office and for the proposed self-storage facility. He stated the results indicated that the self-storage facility would be expected to generate approximately 198 total daily trips, with 12 in the a.m. peak hours and 20 in the p.m. peak hours. He stated this translates to about 925 fewer daily trips than an office building of similar size would generate. He stated the self-storage facility would generate about 145 fewer trips during the a.m. peak hours and 149 fewer trips during the p.m. peak hours. He stated self-storage facilities do not generate a significant amount of traffic. He concluded that the proposed use will not cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway.

Mr. Barron stated he believes the evidence provided to council satisfies the zoning ordinance as it relates to the issuance of a special use permit for a self-storage facility. He believes they have satisfied all the requirements.

Mr. Matthew Danielson spoke against the proposal. He stated this 79,000 square foot storage facility will be about ½ mile away from the Alston Activity Center. He asked if a self-storage facility is the view that council wants from the 900-acre Alston Activity Center vision. He stated within a 10-mile radius of this location are at least 10 existing self-storage units, including seven within five miles of the proposed facility. He does not think there is a need for this facility. He stated the land is zoned office, research and development, and he does not want to give up this current zoning in order to have more self-storage. He does not think the proposal is the best use for the property.

Mr. Barron stated he believes this facility will provide a nice view from Highway 55, and it will have the appearance of an office building. He stated a 10-mile radius is a long way to drive for  homeowners seeking storage space. He stated there is a lot of growth in this area, and 2.5 miles is a reasonable estimate of the distance someone will drive to locate a self-storage facility. He believes this proposal is needed in this area. He stated the property is zoned office, research and development, which permits a self-storage facility as a special use. He reiterated that he thinks they have satisfied the requirements of the ordinance based on the evidence.

No one else from the public spoke about the proposal.

Mr. Portman stated the appraisal appears to focus on the impact on vacant land surrounding the site. Mr. Koonce concurred. Mr. Portman asked why Mr. Koonce did not review the impact on existing homes. Mr. Koonce stated there were 109 self-storage facilities, and only three had sales adjoining them within a three-year time frame. He could not find any within the three to four year period that had adjoining approved properties. He stated this also increases the amount of variables in the analysis.

Mr. Portman asked if it is important to know if this use will impact the homes close to the development. Mr. Koonce stated it is an important factor, but he is not sure if it is an approval criteria. He stated the property surrounding the site is vacant.

Mr. Portman stated one of the requirements is that the use will not harm adjacent property values. He is concerned that the appraisal does not address this. He stated Heritage Pines is very close to the proposal.

Mrs. Robison asked if the single-family property across the street was notified of the proposal. Mr. Hales replied yes and stated he received no comments.

Mrs. Robinson asked for an explanation of the surrounding properties. Mr. Hales stated the US Army Reserve training center is the parcel immediately to the south and is currently under development, and there are two vacant parcels below that property. He stated the property on the corner of Green Hope School Road and NC Highway 55 is an existing automotive business.

Mr. Hales stated the land to the west is part of the Highcroft Village PDD and will eventually be single-family.

Mrs. Robison asked if there will be significant clearing of land beyond the detention facility. Mr. Hales stated they may not clear the land within the urban transition buffer.

The council expressed some concerns regarding the photos submitted showing adjacent properties, in particular the unattractive conditions of some of the adjacent properties. Mr. Stelmok stated his goal with the photos is to show the surrounding uses to prove that this facility will not be incompatible with the surrounding area. He stated their site will be very attractive.

Mrs. Robison asked if the applicant is familiar with the Alston design standards. Mr. Barron stated the Alston area is about ½ mile away from their site. Mr. Stelmok is happy to look at the Alston design standards to try to incorporate those features into their plan. He stated they have taken Cary’s design standards into consideration with this particular request (i.e. percentage of masonry/brick, glass requirements, etc.). He described some of the design features of the site plan as shown in Exhibit. Mayor Weinbrecht stated this discussion seems to be related more to the site plan instead of the special use. Town Attorney Simpson stated the site plan approval will follow the action on the special use, and she added the site plan is a condition of the special use. She stated if the council approves the special use, then one of the conditions is that the site plan be approved. She stated this discussion is more applicable to the site plan.

Mr. Hales stated the guidelines of the Alston plan are site layout related (i.e., bringing buildings closer to the street, creating a main street, creating a sense of place, etc.), which are not applicable to this particular use.

Mrs. Robison stated the land has an unusual shape, and the storage facility is a low traffic generator. She thinks this is an important point.

Mrs. Robinson stated the land use plan has called for mixed use in this area, and it seems the council has diverged from the plan in this entire area.

Mr. Portman asked about the mixed use overlay in this area. Mr. Hales stated a mixed use overlay does not exist and has not been applied for, and it only shows up on the land use plan as a potential mixed use center associated with the Morrisville Parkway extension and NC Highway 55. He stated the boundary goes almost all the way to Green Hope School Road and originally encompassed the Highcroft Village PDD. He stated there is an adjacent mixed use center associated with Morrisville Parkway and Louis Stephens Drive. He stated Highcroft Village PDD was removed from the mixed use center. He stated a goal of the mixed use center concept is to attempt to achieve a high degree of connectivity for vehicles and pedestrians. He stated with Highcroft Village PDD being outside a mixed use center, there are no provisions for vehicular or pedestrian connections to the east due to the stream buffers. He added there are no opportunities for connectivity to the south. He stated it would be difficult to achieve a cohesive mixed use center at this location.

Mrs. Robison clarified that the self-storage facility is allowed in the office, research and development zoning district. Mr. Hales stated it is allowed with a special use.

The mayor closed the public hearing.

ACTION: Mr. Portman stated the following motion: After conducting a duly advertised public hearing and after considering the application materials, testimony and evidence presented at the hearing or otherwise appearing on the record and the approval criteria of LDO Section 3.8.3, he moved to approve the request and adopt the proposed resolution and permit, including the staff comments as presented, as findings to support the determination that the proposed use meets all of the approval criteria set forth in LDO Section 3.8.3. Mr. Frantz provided the second.  

Mr. Portman stated his major concern was the appraised value issue, but in reviewing this and the property location and adjoining properties, he is no longer concerned with this issue.

Town Attorney Simpson asked if the motion includes the conditions proposed by staff.

Mr. Portman concurred that the motion includes the conditions proposed by staff. These conditions follow:

1.         This Resolution and Permit approved by the Town Council in this Special Use application shall be recorded with the Wake County Registrar of Deeds upon the expiration of the appeal period per Section 3.8.4(E) of the LDO.  A copy of this recorded Resolution and Permit shall be returned to the Planning Department.

2.         The development shall connect to public sewer service within ninety (90) days of a functional sewer line being located within three hundred (300) feet of the property.  Additional time to make the utility connection may be requested of the Planning Director for good cause shown.

3.         The regulations, leases, and/or licenses for storage on the site shall prohibit the storage of hazardous materials in any storage units.

4.         The approval of this special use is conditioned on the subsequent approval of a site plan required under LDO Section 3.9, in accordance with LDO Section 3.8.1(B)(2).

ACTION: Vote was called for on the motion to approve the special use. Mrs. Robinson and Mr. Smith voted “no”; all others voted “aye”. The motion carried by majority vote.

_________________________

The mayor moved to agenda item F.3., site plan 08-SP-035.

SKETCH PLAN 08-SP-035, Highway 55 Self Storage
Property Location: 3719 NC 55 Highway
Request: Approval to establish a mini-storage use
Acreage: 6.96
Speaker: Mr. Kevin Hales and Ms. Kelly Commiskey
Planning and Zoning Board recommendation: recommended approval by vote of 8-1
Proposed council action: council may take action

REQUEST

The applicant, on behalf of Highway 55 Self Storage, LLC, has requested Town Council consideration of the approval of a site plan entitled “Highway 55 Self Storage”, consisting of five self-storage buildings on approximately seven acres.  This sketch site plan is associated with a request for a Special Use Permit, 08-SU-001, which will be decided by Council at the same meeting. 

PROJECT INFORMATION

The site plan layout is attached to and incorporated herein as Exhibit.

Project Summary:
The applicant is proposing 79,300 square feet of mini-storage space on approximately 6.5 acres located on the west side of NC 55 between Green Hope School Road and Morrisville Parkway.  The site is located immediately north of the US Army Reserve Training Center currently under construction.  Tracts 4 and 5 of the Highcroft Village PDD are located to the west of the proposal.  The properties located to the north are vacant Office, Research, and Development (ORD) parcels and a single-family dwelling is located on the Residential 40 parcel across NC 55 to the east.  The property under consideration is zoned ORD and has a land use designation of Mixed Use (MXD).  The property would also fall within the limits of the proposed Morrisville Parkway and NC 55 mixed use overlay district were the overlay district to be established in the future as currently designated.

The plan proposes four single-story buildings and one two-story building on the site.  One of the single-story buildings would be oriented facing NC 55 so it would screen the remaining single-story buildings located interior to the site.  A small parking lot would be provided adjacent to NC 55 to satisfy parking requirements.

The plan would provide the required 30-foot streetscape along the property’s NC 55 frontage.  The northern and western portions of the site consist of approximately 2.5 acres of Urban Transition Buffer, which would provide an effective visual and spatial buffer between the adjoining uses and the proposed project.  The project proposes to provide one-half of the required 20-foot Type C buffer along the southern property line.  The adjacent US Army Reserve’s development plan provides undisturbed land in excess of the required remaining ten feet of buffer.

Planning and Zoning Board Action:

The Planning and Zoning Board forwarded this site plan to Town Council with a recommendation for approval by a vote of 8-1.  The dissenting vote was based on the use proposed, which was not under consideration by the board due to the requirement for a Special Use Permit in association with the proposed use.

CONSISTENCY WITH THE COMPREHENSIVE PLAN

Land Use Plan: 
The property under consideration is designated as Mixed Use (MXD) by the Comprehensive Land Use Plan.  The Land Use Plan also designates the area west of the intersection of NC 55 with Morrisville Parkway as a neighborhood mixed use center.  The associated Overlay Zoning District, however, has not yet been applied.

Southwest Area Plan (SWAP): 
The Southwest Area Plan designation for this parcel is also Mixed Use (MXD) with a note (#1) regarding the development of this particular group of MXD parcels.  The note describes the 197-acre MXD development as a cohesive mixed use center and limits the non-residential square footage available in the area to 250,000 – 300,000 square feet.  This SWAP designation and the associated note is based on the establishment of the mixed use overlay district as currently designated, which has not yet occurred.  The property owner is entitled to propose development of the property utilizing the base zoning of the parcel without applying to establish the overlay district.  Therefore, the SWAP designation is not particularly applicable to the proposal being considered.  The use is consistent with the surrounding land uses, such as the US Army Reserve Training Center located south of the property and the Office/Industrial designation located across NC 55 to the east.

Comprehensive Transportation Plan: 
The Comprehensive Transportation Plan (CTP) specifies an ultimate cross-section for NC 55 as 102 feet from back of curb to back of curb.  The plan calls for the highway to be 6 lanes and to be median-divided.  The existing right-of-way meets the current CTP requirements.

CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE (LDO)

A.  Traffic: 

A traffic impact analysis was not required for this proposal because the proposed use would not generate more than 50 peak-hour vehicle trips.

B.  Parks & Greenways: 

According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, a multi-use trail is proposed along the west side of NC 55.  The developer is proposing to construct the required trail along the property’s frontage.  The Open Space and Historical Resources Plan (OSHRP) does not indicate any requirements for this parcel.

C.  Environmental: 

Approximately 35% of the parcel is within an Urban Transition Buffer (UTB), which impacts the northern and western portions of the site.  The developer has proposed no grading or other development within the required buffers and would be required to comply with all of the standards for stormwater treatment and retention when the full site plan is submitted for review and approval.

D.  Buffers: 

      The developer is proposing to provide all of the perimeter buffers as required by the LDO.  The Urban Transition Buffer would satisfy the requirement for perimeter buffering to the north and west.  Where the existing vegetation fails to meet the performance requirements of the buffer standards, it may be supplemented with additional vegetation as necessary.  The proposal would provide one half of the required 20-foot Type C buffer along the southern property line.

E.  Streetscape: 

The proposed development would provide a 30-foot streetscape along NC 55 in accordance with the LDO requirement.

F.   Architectural Standards: 

      Architectural drawings are not required as part of a sketch site plan submittal.  The applicant has provided conceptual drawings for the proposed buildings, but the façades have not been fully reviewed or approved as part of this plan.  The building façades facing NC 55 or that are visible from adjacent properties would be required to comply with the architectural design guidelines.  Where the façades are visible only from internal travelways, the building façades would be required to consist of 75% masonry materials.

G.  Cary Design Guidelines:

1.   Create Human Scale: 
The proposed development would arrange the buildings and associated travelways in a manner that spatially creates a human scaled environment.  Additional architectural elements emphasizing a human-scaled development would be considered when the full site plan is submitted for review and approval.

2.   Create A Sense Of Place: 
A principal ground sign and its associated landscape treatment would be provided for the development.  The geography of the parcel under consideration limits opportunity to create a larger, more cohesive sense of place.

3.   Connect Uses:
The geography and surrounding development patterns for this project make vehicular and pedestrian connectivity impractical.  The property to the west is a residential pod of the Highcroft Village PDD.  Connectivity in this direction is undesirable from a compatibility aspect and difficult due to the UTB that occupies the entire western end of the parcel.  Due to security concerns from the US Army Reserve, no connectivity to the south was provided for in the site plan for the adjacent property.  The UTB spans the length of the northern property line, making vehicular connections difficult and the nature of the mini-storage use makes such a connection undesirable.

4.   Provide Transitions: 
The proposed development would meet, and in many areas exceed, all required buffers and all required setbacks specified in the LDO.  The large percentage of the property that consists of UTB adds to the spatial and to the visual separation from the adjoining properties to the north and west.

5.   Reduce Parking Impacts: 
Parking is limited to a single-loaded parking bay located between NC 55 and the first storage building.  The majority of the proposed loading areas and travelways would be located interior to the site and would be screened from view by the building facing NC 55.

6.   Plan For Pedestrians, Bicyclists And Transit Users: 
The proposal would install a 10-foot multi-use trail along the property’s frontage on NC 55.  Bicycle parking is not required by the LDO based on the nature of the use proposed. 

7.   Provide Open Space: 
The Urban Transition Buffer accounts for 35% (2.46 Ac) of the total parcel area.  Additional open space would be provided through the required streetscape and perimeter buffer on the southern property line.

STAFF RECOMMENDATION:

Based on the information and analysis contained in this report, staff recommends approval of the proposed development sketch site plan.  The plan is generally consistent with Town of Cary zoning.  The sketch plan conforms with the Design Guidelines and applicable requirements of the Land Development Ordinance, to the extent required in a sketch plan.  The SWAP note regarding development of the area as a mixed use center has been rendered impractical by the surrounding development pattern and the geography of the site as discussed in the associated Special Use staff report (08-SU-001).  It is unlikely that the proposed mixed use center identified and planned for in the SWAP will be applied as envisioned by the original plan.  Upon future application for the Mixed Use Overlay District, staff will study the area and redefine the boundaries of the proposed mixed use center as appropriate.

Mrs. Robinson does not see vegetation to screen the building, and it looks like six garage doors will be visible from the road. She would like these doors screened from the road. Mr. Hales stated there is a 30 foot streetscape along NC 55.

Mrs. Robinson asked if the applicant will add a condition to the site plan to make the 30-foot streetscape buffer north of the entrance into the northern property line a Type A buffer to screen the garage doors. Mr. Barron concurred with this condition.

ACTION: Mrs. Robinson moved to approve 08-SP-035 with the understanding that the 30-foot streetscape buffer from the entrance to facility northward to its northern boundary is a Type A buffer and fully screens the garage doors from the street view. Mrs. Robison provided the second, and council granted unanimous approval.

Mr. Smith stated council is seeing more and more storage facilities, and he applauded staff for working with applicants to ensure they are compatible with the neighborhoods. He has seen some of these attractive facilities with large, neon, unattractive signs. He wants staff to look at this. Mr. Hales stated staff will look into it.

_________________________

2.    ANNEXATION PETITION 08-A-06 (associated with 08-SU-001, which is agenda item E.1.)
Property owner: Hwy 55 Self Storage LLC
Property address: 3719 NC 55 Highway
Acreage: 6.65 plus 0.00 acres of right-of-way
Zoning: Office, Research & Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Mini-storage use
Associated Development Plan: Sketch Plan 08-SP-035, Highway 55 Self Storage
Speaker: Mr. Kevin Hales
Proposed council action: council may take action

Annexation Petition Number:   08-A-06
Property Address:   3719 NC 55 Highway
Wake County Parcel Number:  0735702552
Real ID Number:   0117124
Petition Date:  5/12/2008              
Proposed Effective Date:  7/24/2008

OWNERS:
Hwy 55 Self Storage LLC
4601 Six Forks Road, Suite #500
Raleigh, NC 27609

LOCATION:   2,810 feet south of Morrisville Carpenter Road, Indian Wells Road, and NC 55 Highway intersection

ZONING & PROPOSED USE:
Current Zoning:   Office, Research & Development (ORD)
Acreage:   6.65 plus 0.00 adjacent right of way = 6.65 total deeded acres
Contiguous to Primary Corporate Limits:   Yes
% Contiguity (excluding satellite town limits):   47.96%          
Existing Use:    Vacant
Proposed Use:   Mini-storage         use
Associated Rezoning Case:    None     
Associated Development Plan:   08-SP-035 (Hwy 55 Self Storage)

UTILITIES:
Water:    On Site    
Sewer:   680 feet southeast                  

DISTRICTS & TAX VALUE:
Fire District:   Morrisville                                              
Voting District:  A
Tax Value:    $737,036

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   6/26/2008
Staff Recommendation:   Forward to public hearing on 7/24/2008
Action:    Forwarded to public hearing on  7/24/2008

Town Council – Public Hearing:   7/24/2008
Staff Recommendation:  Adoption with an effective date determined by Council’s action on associated plan

The document that Council will consider for adoption at this meeting follows:

08-A-06

AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY

WHEREAS, on 5/12/2008, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Hwy 55 Self Storage LLC; Wake County Parcel Identification #0735702552; including 6.65 acres, plus 0.00 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 6/26/2008, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 6/26/2008, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and

WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 7/24/2008, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and

WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:

Section 1.  The area described in the petition and depicted on the map (which is on file in the planning department), is hereby annexed to and made a part of the Town of Cary, effective on 7/24/2008 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance.  A map and description of the annexed area are on file in the Planning Department, Cary Town Hall.

LEGAL DESCRIPTION
Wake County Parcel Identification #0735702552

Section 2.  That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.

Section 3.  The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.

Section 4.  Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques.  Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1

Section 5.  Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.

Adopted on 7/24/2008

No one spoke; the mayor closed the public hearing.

ACTION: Mr. Frantz moved to annex; Mrs. Robison provided the second, and council granted unanimous approval.

(Ordinance is also on file in the town clerk’s office.)

_________________________

3.   COMPREHENSIVE TRANSPORTATION PLAN UPDATE
Subject: The Town of Cary is holding a public hearing to receive citizen input on the 2008 Comprehensive Transportation Plan Update. The plan includes roadway, transit bicycle and pedestrian elements. The purpose of the plan update is to reaffirm the Town’s transportation vision and guide future transportation policy and decision-making. The plan update reflects the Town’s current transportation plans and programs, identifies new policy and program initiatives; and includes a proposed implementation program.
Speaker: Mr. Tim Bailey
Proposed council action: refer to the August 18, 2008 planning and zoning board meeting

STAFF REPORT

Town Council, July 24, 2008

Comprehensive Transportation Plan (PL09-001)
Consideration of the 2008 Comprehensive Transportation Plan Update, which is attached to and incorporated herein as Exhibit

Speaker: Tim Bailey, Engineering Director   
 

From:   Tim Bailey, Engineering Director

Jeffery G. Ulma, Planning Director

Prepared by:   Juliet Andes, Principal Planner
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Background:

The Town began an update to the 2001 adopted Comprehensive Transportation Plan (CTP) in April of 2006. The existing 2001 CTP includes four elements: roadway, bicycle, pedestrian and transit. The current update to the streets, bicycle and transit elements was completed by Kimley-Horn & Associates (streets, bicycle) and their sub-consultant, Nelson Nygaard Consulting Associates (transit). The pedestrian element was completed in the fall of 2007 by Louis Berger & Associates through a North Carolina Department of Transportation Bicycle and Pedestrian Division pedestrian planning grant and has been incorporated into the 2008 CTP update for adoption.

Public involvement has guided the planning process and shaped the final draft. While comments have informally been received since the plan update began, key milestones regarding public input include:

    Web-based survey: October-December 2006

    Professional phone survey: April-May 2007

    Teen focus groups (Cary Teen Council, Green Hope HS): April-May 2007

    Regional partner meetings: Spring 2008

    Mailing to the 2001 Citizen Advisory Committee: May 2008

    Public Open House: June 9, 2008

Staff has also regularly met with Town Council to seek direction on the plan and update them on the consultant’s progress. These meetings include:

• Town Council Work Session #1: July 2006
• Town Council Retreat presentation: March 2007
• Town Council Work Session #2: February 2008
• Town Council Work Session #3: April 2008

While many of the transportation planning and design principles established in the 2001 CTP remain constant in the update, including the Town’s CTP goals and objectives, the 2008 update does incorporate new Town initiatives, data and recommendations. The plan update also serves as an update to all transportation elements of existing lane use plans. The key recommendations proposed in the 2008 update are highlighted below, by CTP element.

1. Streets Element

A. Model Update: A series of 2030 Traffic Model projections were used to assess anticipated future system deficiencies. Projected household and employment data were tested in the Triangle Regional Travel Demand Model to determine how the existing system, including programmed changes, will operate in the future. The model was run using both a toll and non-toll scenario for the future Triangle Expressway (formerly I-540) and the associated results can be found in Figures 7.3 through 7.6 in the plan document.

B. Collector Street Plan: Another update to the CTP included a collector street plan. A planning level analysis was conducted using GIS technology, aerial photographs and development plans to evaluate the addition, realignment, deletion and classification of collector streets throughout the Town. The collector street analysis had four major objectives:

• Determine existing/future streets that should be designated as collectors
• Realign proposed collector alignments to avoid or minimize environmental impacts
• Designate all collectors as either collector streets or collector avenues
• Identify existing local streets that currently operate as collectors and designate them as such (this does not require changes in physical character to existing streets)

C. 6-lane roads: Based on input from the Town Council, the CTP Update is pro