TOWN OF CARY
STATE OF NORTH CAROLINA
ZONING BOARD OF ADJUSTMENT HEARING
March 10, 2003

CASE:

03-MSU-001

STAFF CONTACT:

Beth Lewis
Planner
(919) 465-4610
e-mail: ehlewis@ci.cary.nc.us

APPLICANT(S):

Hugh J. Gilleece III

OWNER(S):

Cary Parkway Associates II

LOCATION:

13.6 acre site beginning 230 ft. south of intersection of  SW Cary Parkway and Old Apex Road .  Wake County PINs 075318217752, 075317212529, 075317211390, 075317211085

PRESENT ZONING:

PECCU – Planned Employment Center Conditional Use

SETBACK:

N/A

 

 

REQUEST:

The applicant is requesting a minor special use designation to construct a life care community and/or nursing home on 13.6 acres of property.

MINOR SPECIAL USE WORKSHEET

FACTORS RELEVANT TO THE ISSUANCE OF A MINOR SPECIAL USE:

5.4.1. Purpose and Applicability; “Minor Special Uses”

The classification of “special uses” is established to provide for the location of those uses which are generally compatible with the other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the Town as a whole, require individual consideration of their location, design, configuration, and/or operation at the particular location proposed.  Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location.

SUMMARY

The applicant, Hugh J. Gilleece III, agent for the owner authorized to file this application by the owner signature on the application, is requesting a minor special use designation to construct a life care community and/or nursing home on 13.6 acres of land south of the intersection of SW Cary Parkway and Old Apex Road .  The property is on the west side of SW Cary Parkway .  The property immediately adjacent to the west of the proposed life care community and/or nursing home houses a mini-storage/truck rental facility.  Immediately southeast of the site are single-family residences.  Across SW Cary Parkway is the Woodwinds Industrial Park , and behind the proposed facility is the Bespak facility.

Life care communities and nursing homes require a minor special use designation in the PEC, Planned Employment Center zoning district.  Minor special uses are those types of uses that may be acceptable in a particular zoning district with particular review.  Life care communities and/or nursing homes may not be an appropriate use in some PEC areas, ones that have more manufacturing or light industrial uses nearby, but may be appropriate in PEC areas that have less intense uses nearby.

The UDO, Unified Development Ordinance, provides requirements for life care communities and/or nursing homes in areas zoned PEC.  Those requirements follow:

“Nursing homes, provided that:

(1)      The number of nursing home dwelling units does not exceed 20 units per acre;

(2)       All retail stores and personal service establishments located within the nursing home serve exclusively the residents of the home, have no exterior announcement or evidence of such uses, have no outdoor entrance for customers separate from the activity or administrative building for the nursing home, and do not exceed 50% of the floor area of such building;

(3)        The nursing home is located on an arterial or larger street and access to the home is adequate based on the projected number of residents of the home;

(4)        The total number of persons residing in the nursing home does not exceed 500;

(5)        The nursing home provides open space and/or recreational facilities in the same amount and ratios as required in Section 15.2.2(d) of this Ordinance.

Life care communities provided that:

(1)       The number of persons who may be housed in non-independent rooms or apartments (not including hospital or clinic beds) does not exceed the number of persons housed in independent dwelling units by a ratio of greater than 3:1;

(2)       The life care community does not exceed a density of 9 units per acre, not including the number of persons occupying hospital or clinic beds;

(3)       The number of hospital or clinic beds shall not occupy more than 50% of the total number of permitted dwelling units;

(4)        All retail stores and personal service establishments located within the life care community serve exclusively the residents of the community, have no exterior announcements or other evidence of such uses, have no outdoor entrance for customers separate from the activity or administrative building for the life care community, and do not exceed 50% of the floor area of such building;

(5)        The life care community is located on an arterial or larger street and access to the community is adequate, based on the projected number of residents of the community;

(6)       The total number of persons residing in the life care community does not exceed 500;

(7)       The life care community provides open space and/or recreational facilities in the same amount and ratios as required in Section 15.2.2(d) of this Ordinance.”

Following are the definitions of a nursing home and a life care community, as found in the UDO:

 “NURSING HOME:  A home for the elderly, chronically ill, infirm, or incurable persons, or a place of rest for those suffering bodily disorders, in which three or more persons, not members of a family residing on the premises, are provided with food, lodging, and medical care, including congregate care facilities but not including hospitals, clinics, or life care communities (even though a life care community may include a nursing home as one of its components).”

 “LIFE CARE COMMUNITY:  A building or group of buildings which contains dwelling units where the occupancy is restricted to persons who are at least 62 years of age, or married couples in which one of the persons is at least 62 years of age, and which provides nursing and/or medical care as well as support services, such as common dining facilities, retail stores, and personal service establishments, which are operated by the owner of the life care community or lessees of the owner.  Life care communities are designed to meet the residents’ basic needs for shelter, food, and health care, regardless of the level of independence of the individual resident and regardless of how these needs may change over time.”

 FINDING OF FACTS:

1.   The 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 SW Cary Parkway , 960’ along the boundary with the storage/truck rental facility, 650’ along the boundary with Bespak, 520’ behind the residences on Castle Bay Court , 1220’ behind the residences along Dundalk and Loch Lomond , for a total of 13.6 acres.

3.    The property is currently vacant.

4.    The property is located on an arterial or larger street, vis SW Cary Parkway .

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.    If the minor special use is not granted, there is other practical use of the property.
 

If you are inclined to deny the minor special use application for a nursing home:

If you are inclined to approve the minor special use application for a nursing home:

6.  Approval of the minor special use for a nursing home will have a negative effect on adjoining property, because _____.

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 impair emergency access, create a fire hazard, or otherwise be contrary to the public health because _____.

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 Woodwinds Drive across SW Cary Parkway .  No vehicles will travel the neighborhood streets, impairing emergency access.  Additionally, nursing homes may not have the potential for fire hazards that other uses in PEC could have, such as manufacturing or production plant uses.

8.  Approval of the minor special use for a nursing home is not reasonably necessary for public health or general welfare.  There are other such facilities in the area, and ___.

8.  Approval of the minor special use for a nursing home is reasonably necessary for public health or general welfare.  As western Wake County continues to grow in population, the need for such facilities grows.

9.  The minor special use for a nursing home is not in harmony with the scale, bulk, coverage, density, and character of the neighborhood.  The development will be larger and more densely-populated than the adjacent single-family neighborhood.  Additionally, _______.

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 not conform with the Comprehensive Plan.  The Comprehensive Plan provides __________.

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 Neighborhood Activity Center , and the proposed use complies with that as well.  Activity centers serve the people who live and work in the area, and have a higher residential density than the surrounding areas, and a facility such as this would serve that purpose.

11.  The minor special use as a nursing home is not appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.  This is the case because ___________.

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 cause undue traffic congestion or create a traffic hazard. This is the case because _______.

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 Cary , has determined that no traffic impact study for this proposed use would be required.  The development as a nursing home would generate far fewer peak hour trips than if the property were developed as an office park or an industrial park.  Peak AM trips for such a facility would be 23 trips versus 160 trips for an office park or 126 trips for an industrial park on the site.  The peak PM trips for such a facility would be 37 trips versus 153 trips for an office park or 113 trips for an industrial park.

 

If you are inclined to deny the minor special use application for a life care community:

If you are inclined to approve the minor special use application for a life care community:

6.  Approval of the minor special use for a life care community will have a negative effect on adjoining property because _____.

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 use for a life care community will impair emergency access, create a fire hazard, or otherwise be contrary to the public health because _____.

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 Woodwinds Drive across SW Cary Parkway .  No vehicles will travel the neighborhood streets, impairing emergency access.  Additionally, life care communities  may not have the potential for fire hazards that other uses in PEC could have, such as manufacturing or production plant uses.

8.  Approval of the minor special use for a life care community is not reasonably necessary for public health or general welfare.  There are other such facilities in the area, and ________.

8.  Approval of the minor special use for a life care community is reasonably necessary for public health or general welfare.  As western Wake County continues to grow in population, the need for such facilities grows.

9.  The minor special use as a life care community is not in harmony with the scale, bulk, coverage, density, and character of the neighborhood.  The development will be larger and more densely-populated than the adjacent single-family neighborhood.  Additionally, ___________.

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 not conform with the Comprehensive Plan.  The Comprehensive Plan provides _________.

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 Neighborhood Activity Center , and the proposed use complies with that as well.  Activity centers serve the people who live and work in the area, and have a higher residential density than the surrounding areas, and a facility such as this would serve that purpose.

11.  The minor special use as a life care community is not appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities, because _____________.

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 cause undue traffic congestion or create a traffic hazard because ___________________.

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 Cary , has determined that no traffic impact study for this proposed use would be required.  The development as a life care community would generate far fewer peak hour trips than if the property were developed as an office park or an industrial park.  Peak AM trips for such a facility would be 23 trips versus 160 trips for an office park or 126 trips for an industrial park on the site.  The peak PM trips for such a facility would be 37 trips versus 153 trips for an office park or 113 trips for an industrial park.

MOTION TO GRANT MINOR SPECIAL USE AS A NURSING HOME WITH/WITHOUT CONDITIONS

After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO for this proposed use, we find the following

FACTS:  [insert facts found]

CONCLUSION:

1.   Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant meets each of the standards set forth for a minor special use for a nursing home, and the application is APPROVED.

 MOTION TO DENY MINOR SPECIAL USE  AS A NURSING HOME

After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO pertaining to this proposed use, we find the following

 FACTS:  [insert facts found]

CONCLUSION:

                                    1.   Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant has not met the standards set forth for a minor special use as a nursing home in Section 5.4.1 of the Cary UDO, and the application is DENIED.  

MOTION TO GRANT MINOR SPECIAL USE AS A LIFE CARE COMMUNITY WITH/WITHOUT CONDITIONS

After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO for this proposed use, we find the following

FACTS:  [insert facts found]  

CONCLUSION:  

1.   Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant meets each of the standards set forth for a minor special use for a life care community, and the application is APPROVED.  

MOTION TO DENY MINOR SPECIAL USE  AS A LIFE CARE COMMUNITY  

After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO pertaining to this proposed use, we find the following  

FACTS:  [insert facts found]  

CONCLUSION:  

                                    1.   Based on the application, testimony and evidence, the general purposes of the UDO, and the above findings, the Board concludes that the applicant has not met the standards set forth for a minor special use as a life care community in Section 5.4.1 of the Cary UDO, and the application is DENIED.  

MOTION TO CONDUCT AN ADDITIONAL PUBLIC HEARING ON THE APPLICATION  

After conducting a duly advertised public hearing and reviewing the application materials, testimony and evidence and the general purposes and standards of the UDO pertaining to this proposed use, we find the following :  

We believe an additional public hearing on the application should be heard to obtain more testimony and evidence concerning: ____________________

______________________________________________________.