TOWN OF CARY
ZONING BOARD OF ADJUSTMENT
MINUTES
Monday, March 10, 2003, 7:30PM
Town Hall, Building A, Auditorium
316 N. Academy St., Cary, N.C.
Web Site: http://www.townofcary.org
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TOWN OF CARY |
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PLEASE NOTE: The Board of Adjustment is a quasi-judicial board and all testimony before it must be "sworn" testimony. All persons wishing to speak on an agenda item this evening will be sworn in. If you are sworn in, you do not have to speak; but if you wish to speak, you must be sworn in. All persons wishing to speak will be heard; however, the Board requests that a group be represented by a spokesperson in order to keep repetitive testimony at a minimum. Inflammatory or immaterial testimony will not be allowed. |
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1.
Call
to Order |
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2.
Roll
Call Board
Members Present-Voting:
Jeffrey Bartley, John Berndt, Steve Crutchfield, T.C. Frick, Vice
Chair Allan Koeppel, Eric Strom, John Werner, Chairman Gaines Weaver,
Alternate Lea Strickland and Alternate Larry Snead Board
Members Absent:
Lair Block and Peter Coleman. Staff
Present: Chris
Simpson, Beth Lewis, Walter Harris, and Donna Blackmer. |
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3.
Minutes Decisions
from the September
9, 2002 meeting were prepared in written form by Town staff and sent
to Board members. Board
members noted no errors and a
final version of each decision was signed by the Vice Chair and mailed to
the applicants. |
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Action
on |
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4.
Sworn
Testimony: 5.
Special
Presentations by Town of
Town
of Boards
and Commissions Karen
Gray |
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1.
Case Hearings APPLICATION:
03-MSU-001 STAFF
CONTACT:
Beth Lewis SUBJECT PROPERTY:
13.6 acre site beginning 230 ft. south of intersection of APPLICANT:
After
hearing testimony from staff, the applicant, and two neighbors who spoke
in opposition, the Board discussed the application. |
Findings
of Fact:
1.
The property (“Property”)
is owned by Cary Parkway Associates, II. The
applicant, Hugh Gilleece III, is authorized to request this minor special use
designation.
2.
The property has the
following dimensions: 450’ along
3.
The property is currently
vacant.
4.
The property is located on an
arterial or larger street, via
5.
The property is zoned PECCU,
Planned Employment Center Conditional Use, which requires the granting of a
minor special use for a life care community and/or nursing home.
ACTION:
6.
Approval of the minor special use for a nursing home will not have a negative
effect on adjoining property. Of the
uses permitted in the PEC zoning district, nursing homes are among the least
intensive. Other uses in PEC that are permitted by right and need no minor
special use designation include light manufacturing, production plants, animal
hospitals, and radio and television transmission towers and studios.
7.
Approval of the minor special use for a nursing home will not impair
emergency access, create a fire hazard, or otherwise be contrary to the public
health. The center would have only
one access, lined up with
8.
Approval of the minor special use for a nursing home is reasonably
necessary for public health or general welfare.
As western
9.
The minor special use for a nursing home is in harmony with the scale,
bulk, coverage, density, and character of the neighborhood.
A nursing home is residential in use.
The facility could serve as a buffer between the more commercial uses,
such as the storage facility/truck rental and the Bespak facility, and the
nearby residences. Vegetated buffers required on the site would provide a visual
and noise barrier. A 40’ Type A
opaque buffer is required between single-family residences and a nursing home.
10.
The minor special use for a nursing home will conform with the
Comprehensive Plan. The use as a
nursing home complies with the Plan designation as office/industrial.
The zoning map under consideration currently by the Town Council
designates this area as part of a
11.
The minor special use as a nursing home is appropriately located with respect to
transportation facilities, water supply, fire and police protection, waste
disposal and similar facilities. As
an in-fill site, Town services already exist in the area.
12.
The minor special use as a nursing home will not cause undue traffic
congestion or create a traffic hazard. Dick
Moore, Traffic Engineer for the Town of
CONDITIONS:
1.
The site plan for this is to
be submitted to the Cary Town Council.
2.
The site will have adequate
vegetative screening between it and adjacent residences.
3.
The conditions imposed upon nursing homes as a minor special use in PED
Districts (Sec. 8.16.3 (g)] be modified to limit retail stores and personal
service establishment’s be limited to floor area not to exceed 20% rather than
50% as provided in (g) (2).
Mr.
Werner seconded the motion.
ACTION:
Mr.
Koeppel made a motion that the findings 1 through 5 above and 6 through 12 below
be found, and that Cary Parkway Associates (applicant is Hugh J. Gilleece) be
granted a minor special use for a life care community with the following
conditions:
FINDINGS
OF FACT:
Findings
of Fact:
1.
The property (“Property”)
is owned by Cary Parkway Associates, II. The
applicant, Hugh Gilleece III, is authorized to request this minor special use
designation.
2.
The property has the
following dimensions: 450’ along
3.
The property is currently
vacant.
4.
The property is located on an
arterial or larger street, via
5.
The property is zoned PECCU,
Planned Employment Center Conditional Use, which requires the granting of a
minor special use for a life care community and/or nursing home.
6.
Approval of the minor special
use as a life care community will not have a negative effect on adjoining
property. Of the uses permitted in
the PEC zoning district, life care communities are among the least intensive.
Other uses in PEC permitted by right with no special use designation
include light manufacturing, production plants, animal hospitals, and radio and
television transmission towers and studios.
7.
Approval of the minor special
for a life care community use will not impair emergency access, create a fire
hazard, or otherwise be contrary to the public health.
The center will have only one access, lined up with
8.
Approval of the minor special
use for a life care community is reasonably necessary for public health or
general welfare. As western
9.
The minor special use as a
life care community is in harmony with the scale, bulk, coverage, density, and
character of the neighborhood. A
life care community is residential in use. The
facility could serve as a buffer between the more commercial uses, such as the
storage facility/truck rental and the Bespak facility, and the nearby
residences. Vegetated buffers required on the site would provide a visual and
noise barrier. A 50’
Type A opaque buffer is required between single-family residences and a life
care community.
10.
The minor special use as a
life care community will conform with the Comprehensive Plan.
The use as a life care community complies with the Plan designation as
office/industrial. The zoning map
under consideration currently by the Town Council designates this area as part
of a
11.
The minor special use as a
life care community is appropriately located with respect to transportation
facilities, water supply, fire and police protection, waste disposal and similar
facilities. As an in-fill site, Town
services already exist in the area.
12.
The minor special use as a
life care community will not cause undue traffic congestion or create a traffic
hazard. Dick Moore, Traffic Engineer
for the Town of
CONDITIONS:
1.
The site plan for this is to be reviewed by the Cary Town Council.
2.
The site will have adequate vegetative screening between the Property and
adjacent residences.
3.
The conditions imposed upon life care communities as a minor special use
in PED Districts (Sec. 8.16.3 (f)] be modified to limit retail stores and
personal service establishment’s to floor area not to exceed 20% rather than
50% as provided in (f) (4).
Mr.
Werner seconded the motion.
New/Old
Business:
New:
Chris
Simpson discussed the portion of the BOA Rules of Procedures to confirm the
current method of sending meeting minutes to the board by e-mail to check for
accuracy.
Old:
None
Adjournment:
Mr. Weaver
adjourned the meeting at