Town of Cary
North Carolina

Staff Report

17-REZ-32 Campbell Road Storage

Information

Department:Planning and Development ServicesSponsors:
Category:Rezoning

Speaker: Debra Grannan, Planning

 

Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 2.12 acres, located at 2500 Campbell Road, from Wake County Residential-40 Watershed (R40W) to Industrial-Conditional Use (I-CU) with zoning conditions that include limiting the permitted use to mini-storage only, and providing conditions pertaining to building architecture, landscaping and signage.

 

An annexation petition (17-A-13) has been submitted for the subject property which is currently outside of the Town’s jurisdiction.

 

Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant. See below for more information on the recommendation.

 

Planning and Zoning Board Recommendation: The Planning and Zoning Board found the request to be consistent with the Imagine Cary Community Plan and recommended approval by a vote of 8-0.

Body

NOTE: The purpose of the rezoning is to determine whether or not the land uses and

densities allowed in the proposed zoning district are appropriate for the site.

Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan.

 

Click on the map to see surrounding development activity.

 

 

SUBJECT PARCEL

 

Property Owner(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Deeded Acreage

Campbell Investment of NC, LLC

2804 Campbell Rd

Raleigh, NC 27606

 

0772-86-3165

0023876

2.12

Total Area

2.12 acres

 

 

OVERVIEW

 

Location of Subject Properties

At the southeast quadrant of the Tryon Road and Campbell Road intersection: 2500 Campbell Road

Schedule

Town Council
Public Hearing

April 5, 2018

Planning & Zoning Board Public Hearing
June 25, 2018

Town Council


July 26, 2018

Existing Zoning District(s)

Residential-40 Watershed (R40W)

Existing Zoning Conditions

None

Proposed Zoning District(s)

Industrial-Conditional Use (I-CU)

Proposed Zoning Conditions

 

Changes since first Town Council meeting are noted by strike-through or underlining

1.      Mini-storage shall be the only principal use allowed on the property.

 

2.      All units will be accessed from the interior of the building.

 

3.      All perimeter lighting shall be directed towards the interior of the site.  All exterior mounted lighting fixtures on the building shall face downward.

 

4.      The 75% masonry requirement in the Community Appearance Manual (CAM) will be met using brick and cast stone.

 

5.              Prior to Issuance of a building permit, an application shall be submitted for a Master Sign Plan for the site that includes at a minimum the following:

a)   No Wall Sign shall be larger than 75% of the maximum size otherwise allowable under LDO Section 9.2;

b)   No Ground Sign shall be internally illuminated;

c)              An explicit statement noting that additional requirements that are more restrictive than the standards found in Chapter 9 of the LDO (as amended) may be included, but that requirements of a) and b) above are zoning conditions that may not be modified except through action by the Town Council.

 

6.              Any garage style roll up door, including interior to the building, which are visible from the public right-of-way shall be black in color.

 

7.               The minimum streetscape requirements required by the LDO along the frontages of both Campbell Road and Tryon Road, shall be supplemented by at least eight (8) additional understory trees which will meet a height of at least eighteen feet at maturity.

Town Limits

The subject property is located outside the corporate limits and the Town of Cary ETJ.  An owner-initiated annexation petition, 17-A-13, has been submitted by the property owners in conjunction with this rezoning request. The annexation petition must be approved prior to approval of this rezoning request.

Staff Contact

Doug Loveland

(919) 469-4045

douglas.loveland@townofcary.org

Applicant 

Campbell Investment of NC, LLC

Applicant’s Contact

Jason Barron,

Morningstar Law Group

421 Fayetteville St, Ste 530

Raleigh, NC 27601
(919) 590-0371

jbarron@morningstarlawgroup.com

 


sUMMARY OF REQUEST

 

The Town of Cary has received a request to rezone property located at 2500 Campbell Road, consisting of approximately 2.12 acres. The proposal seeks to rezone the subject property from Wake County Residential-40 Watershed (R-40W) to Industrial-Conditional Use (I-CU) to allow for a mini-storage facility.

 

The subject site is currently developed as a plant nursery (see picture below).

 

Per requirements of the Town of Cary Land Development Ordinance, a traffic study was not required because the proposed mini-storage facility is not anticipated to generate 100 or more peak hour trips.

 

 

 

 

 

 

 

 

sUMMARY OF Process and Actions to Date

 

Notification
Notice of the public hearing on the proposed rezoning was mailed to property owners within 800 feet of the subject property, published on the Town’s website and posted on the subject property.

 

Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on Tuesday, January 9, 2018.  According to the information submitted by the applicant, no nearby property owners attended the meeting and as such, there were no questions or concerns expressed at the meeting.   This information is summarized in the attached meeting minutes submitted by the applicant.

 

Attached are the applicant’s responses to the justification questions contained in the application form. Please note that these statements are that of the applicant and do not necessarily represent the views or opinions of the Town of Cary.


Town Council Public Hearing (April 5, 2018)

 

Two residents of the neighborhood spoke in support of the request.  One specified that the use was a good fit and preferred it over retail or restaurant use.  The other expressed some concern with industrial use, building height and impervious surface, but noted that those concerns may be addressed during the process.

 

Several council members expressed concern with the appearance of typical mini-storage buildings, noting the importance of the area as a gateway into Cary, and the potential to improve the appearance with additional landscaping and increased masonry.  One council member indicated support for the request and believed it was not out of character with existing development. 

 

The council forwarded the case to the Planning and Zoning Board.

 

Changes Since the Town Council Public Hearing

 

In response to comments made at the council public hearing, the applicant proposed the following new zoning conditions: 

 

1.              Prior to Issuance of a building permit, an application shall be submitted for a Master Sign Plan for the site that includes at a minimum the following:

a)   No Wall Sign shall be larger than 75% of the maximum size otherwise allowable under LDO Section 9.2;

b)   No Ground Sign shall be internally illuminated;

c)              An explicit statement noting that additional requirements that are more restrictive than the standards found in Chapter 9 of the LDO (as amended) may be included, but that requirements of a) and b) above are zoning conditions that may not be modified except through action by the Town Council.

 

2.              Any garage style roll up door, including interior to the building, which are visible from the public right-of-way shall be black in color.

 

3.              The minimum streetscape requirements required by the LDO along the frontages of both Campbell Road and Tryon Road, shall be supplemented by at least eight (8) additional understory trees which will meet a height of at least eighteen feet at maturity.


Planning and Zoning Board Meeting (June 25, 2018)

Aside from the applicant, there was only one speaker at the public hearing, who voiced support for the request. The speaker identified himself as a representative for the property located directly to the east of the site.

 

The Board had a question for staff regarding the building height limit for the site. The Board stated general agreement that the access restrictions to the site would limit more intense development that might be otherwise desirable within a destination center.  The Board found the request to be consistent with the Imagine Cary Community Plan and recommended the case for approval by a vote of 8-0.

 

Changes Since Planning and Zoning Board Meeting

None

 

site characteristics and context

 

 

           Adjacent Zoning                                                        Locations of Potential Streams shown in

Blue

 

cary community plan conformance and analysis

 

Attached is a complete listing of each policy statement in the 2040 Imagine Cary Community Plan. Based on staff review and analysis of the descriptions and detailed intent of all the Plan’s policies, staff has identified policies and applicable to this case and has provided an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.

 

LIVE Policies

The Town’s LIVE policies respond to the housing challenges and opportunities facing Cary by:

§         Providing a variety of housing choices

§         Meeting new household needs

§         Maintaining high quality established neighborhoods

Maintain Neighborhood Character (Policy 1)

 

Staff Observations:  The proposed rezoning would allow replacement of the existing Campbell Road Nursery with a mini-storage facility. The site lies in a mostly commercial area along Tryon Road.  Across Tryon Road to the north is a pharmacy and animal hospital.  To the west of the site is Swift Creek Shopping Center and to the east of the site is a 3.99-acre parcel with a single-family home, and then the Swift Creek Elementary School.  These properties, including the subject property, are shown on the Future Growth Framework Map (see below) as part of the Crossroads Destination Center.  As such the single-family property to the east may be a candidate for future redevelopment.  Any impacts on this property will be further mitigated by required transition buffers and zoning conditions which controls lighting emanating from the site.

 

 

South of the site, along Campbell Road are a cemetery and a number of single family homes on large wooded lots of generally one acre or larger in size.  The cemetery and the large wooded lots and distance from the subject site offer a degree of protection from the proposed mini-storage facility and is not likely to have a significant impact on neighborhood character.  Further, zoning conditions governing the architectural standards, Town code prohibitions against the storage of hazardous materials, and limits on light and noise emissions provide further protection.   

 

 

WORK Policies

The Town’s WORK policies respond to economic challenges and opportunities facing Cary by:

§         Maintaining a strong and diverse local economy

§         Providing a variety of employment options 

Policy 3:  Retain and Grow Existing Cary Businesses

 

Staff Observation:  If developed under the proposed zoning, the existing retail business would be replaced, potentially resulting in an overall net loss in employment.

 

 

SHOP Policies

The Town’s SHOP policies respond to shopping and mixed use development challenges and opportunities facing Cary by:

§         Supporting the development of high quality mixed use and pedestrian-oriented commercial destinations

§         Integrating various scales of commercial centers into Cary’s existing urban fabric

Policy 3:  Support the Development of a Limited Number of Destination Centers and Commercial Mixed Use Centers. 

 

Staff Observations:  The site is designated on the Future Growth Framework Map as being within the Crossroads Destination Center.  Because the site is outside of both the current Town Limits and Cary’s Extra-territorial Jurisdiction (ETJ), Mixed Use Overlay District (MUOD) zoning has not been applied to the site.  The LDO currently does not permit the applicant to request Mixed Use zoning (MXD) without the accompanying Mixed Use Overlay District; hence the request for Industrial-Conditional Use (I-CU).   However, mini-storage facilities are not normally the type of high-intensity mixed use development desired in a destination center and thus may not conform to this policy.

 

 

engage Policies

Parks Recreation and Cultural Resources Master Plan Goals

Maintain a diverse and balanced park and open space system as the Town of Cary grows. (Goal 1)

Provide Cary citizens with a highly functional, safe, well-maintained greenway network that provides recreation, transportation, and education opportunities and wildlife benefits. (Goal 2)

 

According to the Parks, Recreation and Cultural Resources Facilities Master Plan, the Marla Dorrell Kids Together Park and the Walnut Street Park are located within 1 1/2 miles of the subject property and no additional park land is proposed for the site. The nearest greenway or streetside trail is at the intersection of Walnut Street and Tryon Road.  The master plan did not propose the subject property for additional greenways or open space conservation.

 

 

 

ENGAGE: GOALS FROM THE HISTORIC PRESERVATION MASTER PLAN

 

The Town’s ENGAGE policies reflect the goals of the previously-adopted Historic Preservation Master Plan

 

HPMP Goal 2:  Preserve, Protect and Maintain Cary’s Historic Resources

 

Staff Observations: 

There are no documented historic structures on the subject property. 

 

 

CHAPTER 6, shape – Future Growth Framework

 

The map above depicts the Future Growth Framework Map in the vicinity of the site

As shown on the inset map above, the Future Growth Framework Map designates the subject site as part of the Crossroads Destination Center.  According to the Cary Community Plan, destination centers are Cary’s premiere mixed-use centers that contain an integrated mix of commercial, office and residential uses, arranged in a walkable pattern.  Destination centers are to contain the greatest development intensities found in Cary.

 

 

shape Policies

The Town’s SHAPE policies guide future growth by creating the geographic development framework that best achieves the vision and policies contained in the other plan chapters, particularly LIVE, WORK, SHOP, ENGAGE, MOVE, and SERVE.

 

Policy 4:  Support and Facilitate Redevelopment and Infill Development

 

Staff Observations:  The intent of this policy is to support infill and redevelopment, particularly within Commercial Mixed Use and Destination Centers.  An objective of this policy is to efficiently capitalize on existing public infrastructure and reduce the need for costly capital improvements.  A related objective is to encourage the redevelopment of distressed or underperforming sites and to help stabilize or increase property values. 

 

The proposed rezoning will result in a significant redevelopment of a site located in a destination center.  The Campbell Road Nursery, as the existing use on this site, is a low intensity use and may be considered under-performing for such a location in a destination center.  The proposed use of mini-storage, while not as intense as might normally be desired, is more intense than the existing use and may represent an increase in property value. 

 

Additionally, the site has access restrictions.  Tryon Road is a median-divided thoroughfare and access to and from Campbell Road is restricted by the median.  A low traffic generating use, such as mini-storage, may be preferable for this site than a more intense retail or office use.   

 

Policy 6:  Provide Appropriate Transitions Between Land Uses

 

Staff Observations: The intent of this policy is to provide for harmonious transitions between different types and intensities of land uses:

§         Transitions can be created through form, use, architecture, or natural buffers. 

§         The type of transition can depend on the physical geography of the site, such as differences in elevations and views from one site to another.

 

The applicant has proposed zoning conditions for enhanced architectural features including the use of 75% brick and cast stone materials on the exterior façade.  Further protection is offered through Town Code provisions which prohibit the storage of hazardous materials and noise generation and the use of storage units for the conduct of commercial businesses.  Lighting is required to be directed to the interior of the site.  The storage units are to be accessed from the interior of the building.

 

Policy 8:  Preserve and Maintain Cary’s Attractive Appearance and Quality of Development

 

Staff Observations: The subject site is situated at an intersection and will be viewed from a public thoroughfare (Tryon Road) and a collector street (Campbell Road).  The applicant has proposed zoning conditions for enhanced appearance features or building materials, including specifying that the 75% masonry requirement of the Community Appearance Manual will be met with brick and cast stone.  The applicant has provided sample elevations of the building  (see below and Attachment 1 for full elevations).  These sample elevations are not a zoning condition.

 

 

 

 

 

MOVE Policies

Cary’s MOVE policies are designed to respond to transportation challenges and opportunities:

§         Provide an efficient, functional, and well-designed transportation system

§         Allow mobility choices

Ensure Safety for All Users and Modes (Policy 1)

Apply Multimodal Street Designs (Policy 2)

Design Transportation Infrastructure to Address Land Use Context (Policy 3)

Ensure a Well-Maintained System (Policy 8)

 

Cary’s transportation requirements for development are a reflection of the Move Chapter policies. Planned improvements illustrated on the adopted Move chapter maps were developed to ensure the safety and accommodation of all users and modes, reflect land use considerations, provide additional system connections, close gaps, and minimize thoroughfare widths wherever possible. 

 

Tryon Road

Existing Cross Section:  4-lane divided roadway with curb and gutter and sidewalks on both sides within 100 ft of right-of-way.

 

Future Cross Section:

·         Road:  6-lane median divided roadway with 125’ of right-of-way

§         Sidewalks:  5-foot sidewalk on both sides of the road  

§         Bicycle Lanes:  14-foot-wide outside lane in both directions

 

Campbell Rd

Existing Cross Section:  2-lane road with a sidewalk and curb and gutter on the west side.  The east side of the roadway, adjacent to the property, still needs to be built to Town standards.  The right-of-way narrows as you head south from 70 ft  to 58 ft of right-of-way.     

 

Future Cross Section:

Campbell Road is a collector street in the Town’s CCP. 

§         Road: 3-lane road with curb and gutter within 70 ft of right-of-way. 

§         Sidewalks:  5-foot sidewalk on both sides of the road.

§         Bicycle Lanes:  14-foot wide travel lanes in both directions.

 

Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects:  N/A

 

Transit:  There are no existing or planned transit routes adjacent to the site.

 

Notes: 1) Streets in Cary are typically constructed or widened in increments, with developers completing the half-width section along their frontage when the property is developed. 

2) Construction of other off-site improvements may be voluntarily offered as zoning conditions by applicants for rezoning cases.  3) NCDOT may require additional off-site improvements.

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

Land Use
 

Mini-storage facilities are a permitted use within the Industrial zoning district.

 

Density and Dimensional Standards

 

Existing Zoning District

(R-40)

Proposed Zoning District

(I-CU)

Max. Gross Density

1.08 du/acre

N/A

Min. Lot Size

40,000 square feet

--

Minimum Lot Width

150 feet

(160 feet for corner lots)

--

Roadway Setback

50 feet

30 feet

Side Yard Setback 1

20 feet
(with septic tank/well)

15 feet
(with public sewer)

None

Rear Yard Setback 1

30 feet

None

Maximum Building Height

35 feet (May be increased by one foot for every additional foot provided between the building footprint and the minimum required setback).

Within 100 feet of a residential district: 35 feet plus 1 foot for every foot provided in addition to the minimum setback;

More than 100 feet from a residential district: 50 feet plus 1 foot for every foot provided in addition to the minimum setback

1   Unless a zoning condition voluntarily offered by the applicant states otherwise, where a regulatory stream buffer forms a rear or side property line of a lot, and pursuant to NCGS 143-214.23A(f), the Town must attribute to each lot abutting the stream buffer a proportionate share of the stream buffer area (a) for purposes of lot area requirements (i.e., the portion of the stream buffer between the applicable lot line and the near edge of the associated stream will be included for the purpose of determining if the minimum lot size requirement of the LDO is satisfied); and (b) for purposes of calculating the minimum rear or side setback and perimeter buffer if applicable (i.e., the setback or buffer will be measured from the near edge of the associated stream instead of from the actual property boundary).

 

Landscape Buffer and Streetscape

According to Chapter 7 of the LDO, the following requirements would apply:

§         Streetscape- a 30-foot-wide Type C streetscape is required along both Tryon Road and Campbell Road.

§         Buffer- The required perimeter buffers will be a Type A, 65-foot buffer along the eastern and southern property lines adjacent to Residential 40 property. 

 

Traffic

The proposed rezoning of 2.12 acres with a conditional use of a mini-storage facility of no more than 90,000 square feet is anticipated to generate approximately 13 AM and 23 PM peak hour trips according to the ITE Trip Generation Manual, 9th Edition, Land Use Code 151 - Mini-Warehouse.  The threshold for a traffic study is 100 or more peak hour trips, therefore a traffic study was not required under Section 3.4.1(D)(3) of Cary’s LDO.

 

Stormwater

The Town has specific stormwater and floodplain management requirements for new development that must be addressed during the development plan review process to satisfy Cary’s Land Development Ordinance. These new development requirements are established to mitigate potential flooding impacts and to enhance water quality of our streams while protecting current and future residents of Cary. These protections are provided comprehensively as follows:

 

§         During development plan review, address improving stormwater and floodplain management by addressing the potential for replacing aging and inadequate infrastructure, as allowed and applicable.

§         During construction, provide sedimentation and erosion control measures to prevent transport of sediment from the construction site.

§         In perpetuity, limit the stormwater runoff from new development to pre-development site conditions with approved stormwater control measures (SCM’s) that restrict stormwater flow leaving the site to engineered limits.

§         Upon completion of the post-construction SCM’s and prior to final acceptance of the new development, require independent certification that they will function as designed, and require provisions for the ongoing maintenance of the SCM’s, to protect quantity and enhance the quality of stormwater leaving the site in perpetuity.

 

STAFF recommendation         

 

Town Staff’s recommendation for the rezoning request is for approval, and the rationale for the recommendation is discussed in the table below.

 

Summary of Analysis  

The following policies in the LIVE, WORK, SHOP, SHAPE Chapters of the Imagine Cary Community Plan were found to be applicable to the rezoning request:

 

LIVE - Maintain Neighborhood Character (Policy 1)

SHAPE -  Provide Appropriate Transitions Between Land Uses (Policy 6)

SHAPE - Preserve and Maintain Cary’s Attractive Appearance and Quality of Development (Policy 8)

 

The property is within the Crossroads Destination Center (as shown on the Future Growth Framework Map), an area already developed with a mix of commercial, institutional and residential uses.  Landscape buffers and lighting restrictions of the LDO will protect adjacent residential property, which will likely be redeveloped in the future.  Zoning conditions related to the architectural standards, including 75% brick and cast stone materials on the exterior façade, landscaping, limitations on signage, and Town code prohibitions against the storage of hazardous materials and noise emissions provide further protection for the adjacent residential property and the neighborhood a short distance south of the site.   

 

WORK - Retain and Grow Existing Cary Businesses (Policy 3) 

If developed under the proposed zoning, the existing retail business would be replaced, potentially resulting in an overall net loss in employment.

 

SHOP -  Support the Development of a Limited Number of Destination Centers and Commercial Mixed Use Centers  (Policy 3)

Mini-storage facilities are not typically a preferred use type in a destination center and thus may not conform to this policy.

 

SHAPE -   Support and Facilitate Redevelopment and Infill Development (Policy 4)

The existing use on this site is a low-intensity use that may be considered under-performing for a destination center.  Though the proposed mini-storage use is more intense than the existing use and may represent an increase in property value, it remains less intense than typically desired in a destination center.  However, this concern is mitigated by access restrictions applicable to this site due to the road network and intersection configuration in the vicinity.  A low traffic generating use, such as mini-storage, may be preferable to a more intense retail or office use.  

 

 

NEXT sTEPS

 

Town Council may take final action on the rezoning request. If the rezoning is approved, the developer or property owner must submit and obtain approval of a Development Plan for the subject property prior to commencing construction of infrastructure or submitting requests for building permits.