TOWN OF CARY
BOARD OF ADJUSTMENT HEARING
April 9, 2001

CASE:

01-MSU-004

STAFF CONTACT:

Tracy Roberts
Senior Planner
(919) 462-3885
email:  troberts@ci.cary.nc.us

APPLICANT(S):

Frank Stoltmann

OWNER(S):

GEM Investments, LLC

LOCATION:

500 block of James Jackson Avenue.  The building is immediately adjacent to Little Pros Academy, which is located at 551 James Jackson Avenue.

PRESENT ZONING:

Planned Employment Center (PEC)

REQUEST:

The application is requesting a Minor Special Use permit to allow a Recreation Center in the Planned Employment Center (PEC) zoning district.  Pursuant to Section 8.16.3(a) of the Unified Development Ordinance (UDO), the Zoning Board of Adjustment must approve a Minor Special Use to permit Recreation Centers within the PEC zoning district.

BACKGROUND:

The applicant proposes to open a Teen Dance Club, which is classified as a Recreation Center according to the Town’s UDO.

The property consists of 1.55 acres and contains one building. According to the approved site plan, the building is 13,841 square feet and is one of 4 buildings that comprise "The Park at James Jackson" (reference Lot 2 of the Exhibit entitled "Site Plan").

The Recreation Center will occupy 4,000 square feet. The building currently has one tenant named Leybold Optics, which occupies 6,197 square feet (based on the building permit files). There will be approximately 3,644 square feet of space available for an additional tenant.

Parking Discussion

Staff would like to make a few observations about parking. The site was designed for office and warehouse uses. The parking ratio for offices is 1 parking space for each 300 square feet of floor area. The parking ratio for warehouses is 1 parking space for each 500 square feet of floor area. The approved site plan split the building in half, with 6,920 square feet being planned for offices and 6,920 square feet being planned for warehousing. The parking requirement for
Recreation Centers is 1 parking space for each 250 square feet of floor area, which generates the need for more parking than the site was designed for. The total parking provided was 38 parking spaces. The Recreation Center is required to have 16 parking spaces, and Leybold Optics is required to have 21 parking spaces (37 total). Thus, only 1 parking space is available for the remaining leasable area in the building (3,644 square feet). Assuming the remaining portion of the building is warehousing, another 7 parking spaces will be needed. Thus, the grand total parking required is 44 spaces, yet only 38 parking spaces have been provided (this results in a deficit of 6 parking spaces).

Even though there is not enough parking spaces to meet the requirements of the Town’s ordinances, the UDO allows Shared Parking. The purpose of the Shared Parking provision is to permit a reduction in the total number of required parking spaces in those cases where two or more uses located on the same lot typically do not experience peak parking demands at the same time. The Recreation Center will likely experience peak parking demands in the evenings and on weekends whereas the other tenants (offices and warehouses) will experience their peak parking demands during the weekdays from 8-5.

According to the applicant, the operating hours will be from 6:00pm until 1:00am on Fridays, Saturdays and Sundays. This means that the peak parking demand for the Teen Dance Club will occur when the other tenants in the building will likely be closed. Thus, there should be adequate parking provided the Board limits operating hours. Should the Board decide to approve the Minor Special Use, staff recommends that the following condition be added:

  1. Operating hours will be limited to no earlier than 6 pm on Monday through Friday. There will be no time limit on the weekends.

Note: Staff does not think that parking will be a problem on the weekends since most tenants will likely be closed or operating at a reduced level than during the week.

STANDARDS OF REVIEW: SECTION 5.4.7 OF THE CARY CODE OF ORDINANCES REQUIRES THAT THE BOARD OF ADJUSTMENT MAKES THE FOLLOWING FINDINGS, BASED ON THE EVIDENCE AND TESTIMONY RECEIVED AT THE PUBLIC HEARING OR OTHERWISE APPEARING IN THE RECORD OF THE CASE:

(1) That the proposed use or development will not materially endanger the public health or safety;

(2) That the proposed use is reasonably necessary for the public health or general welfare, such as

enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community or region;

(3) That the proposed use or development of the land will not substantially injure the value of adjoining or abutting property;

(4) That 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;

(5) That the proposed use or development of the land will generally conform with the Comprehensive Plan and other official plans adopted by the Town;

(6) That the proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities;

(7) That the proposed use will not cause undo traffic congestion or create a traffic hazard.

SUGGESTED MOTION: MOTION TO GRANT APPLICATION WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. 01-MSU-004 HAS SUCCESSFULLY MET THE REQUIREMENTS OF THE CARY ZONING ORDINANCE AND IS HEREBY GRANTED, SUBJECT TO THE FOLLOWING CONDITIONS:

1.  _____________________________________________.

2.  _____________________________________________.

MOTION TO DENY APPLICATION

I HEREBY MAKE A MOTION THAT APPLICATION NO. 01-MSU-004 HAS FAILED TO MEET THE REQUIREMENTS OF THE CARY ZONING ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

1.  _____________________________________________.

2.  _____________________________________________.

 

 

LARGE VICINITY MAP:

Note:  Checkered line indicates route from Town Hall to the site.


SMALL VICINITY MAP:

EXHIBITS:

  • Application
  • Site Plan