Town of Cary, North Carolina
Special Use and Development Plan Staff Report 11-SU-002 and 11-SP-013 Capital Self Storage
Town Council Public Hearing November 17, 2011 REQUEST
The applicants, Capital Associates Management, LLC, and Mulkey Engineers & Consultants, on behalf of the property owner, Capital Rufty 55, LLC, have requested approval of a Special Use Permit and a site Plan to construct a mini-storage facility containing 89,150 square feet on 6.55 acres located in the southeastern quadrant of the intersection of Good Hope Church Road with NC Highway 55. The site is currently vacant and zoned Office/Research and Development (ORD), necessitating approval of a Special Use for a mini-storage facility at this location.
SPECIAL USE NOTES:
Special uses are generally compatible with other land uses permitted in the zoning district. However, because of the 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 a particular location. [LDO Sec. 3.8.1(A)].
In accordance with Section 3.8.1(B) of the LDO, an associated site plan is being reviewed in conjunction with this Special Use Permit application.
In accordance with Section 3.8.3(C) of the LDO, the Town Council must follow quasi-judicial procedures when deciding special use permits.
SUBJECT PARCELS
Property Owner
Wake County Parcel Identification Number
(PIN) (10-digit)
Real Estate ID
Number Deeded Acreage Capital Rufty 55, LLC
1255 Crescent Green, Suite 300 Cary, NC 27518
0735667723 0349356 0.77
Capital Rufty 55, LLC
1255 Crescent Green, Suite 300 Cary, NC 27518
0735669182 0349355 5.78
Total Area 6.55
BACKGROUND INFORMATION Applicant & Agent (Special Use)
Stephen P. Porterfield
Capital Associates Management, LLC 1255 Crescent Green, Suite 300 Cary, NC 27518
(919) 233-9901
[email protected] Applicant & Agent (Site Plan) Christopher Flythe
Mulkey Engineers and Consultants 6750 Tryon Road
Cary, NC 27518 (919) 858-1823
General Location Southeastern quadrant of the intersection of NC Highway 55 with Good
Hope Church Road
Land Use Plan Designation Office/Industrial (OFC/IND) in the Northwest Area Plan
Zoning Districts Office/Research and Development (ORD) within the Jordan Lake Watershed Protection Overlay District
Within Town Limits Parcel 0349356 is within the Town’s corporate limits. Parcel 0349355 is the subject of annexation petition 11-A-02 [Link to Annexation Case].
Staff Contact Kevin A. Hales, Senior Planner Town of Cary Planning Department P.O. Box 8005
Cary, NC 27512-8005 (919) 462-3944
LIST OF EXHIBITS
The following documents incorporated into this staff report are to be entered into the record for the Special Use Permit and development plan applications:
Exhibit A: 11-SU-002 Application and Justification Statement (4 pages) Exhibit B: 11-SP-013 Application (3 pages)
Exhibit C-1: 11-SP-013 Plan Set – Part 1 (Pages 1-16) Exhibit C-2: 11-SP-013 Plan Set – Part 2 (Pages 17-34) Exhibit C-3: 11-SP-013 Plan Set – Part 3 (Pages 35-50)
Exhibit D: 11-SP-013 Wake County LPP Septic Permitted Design (19 pages) Exhibit E: Site Analysis
SITE CHARACTERISTICS
Streams: A stream bisects the site approximately 310 feet from the southernmost property line. This stream is subject to a 100-foot stream buffer measured from the top of each bank of the stream.
Floodplain: There are no floodplains, no flood hazard areas, and no floodways indicated on the subject site.
Wetlands: There are no wetlands indicated on the subject site.
Topography: The site slopes upward from NC Highway 55 toward the railroad right-of-way from west to east. The northern portion of the site is situated approximately 10 to 12 feet below Good Hope Church Road. South of the stream, the site slopes upward approximately 25 feet from the stream bank toward the southeastern corner of the site.
Surrounding Land Uses:
North – An undeveloped ORD parcel in the Alston Regional Activity Center across Good Hope Church Road (contains an existing residential structure)
South – Vacant, wooded lot zoned General Commercial – Conditional Use (GC-CU) East – Agricultural property zoned ORD
West – Agricultural property zoned Residential 40 (R-40) in the Alston Regional Activity Center (designated for non-residential development)
SUMMARY OF PROCESS AND ACTIONS TO DATE Pre-application Conference
The applicant attended a pre-application conference with the Town of Cary Development Review Committee (DRC) on November 3, 2010, regarding the special use and the development plan.
Notification
The Planning Department mailed notification of the public hearing on the special use and on the development plan to property owners within 400 feet of the site on November 1, 2011. Notification consistent with North Carolina General Statutes was published in the Cary News on November 2nd and 9th, 2011.
Property Posting
Notice of the public hearing was posted on the property on November 2, 2011.
COMPREHENSIVE PLAN SUMMARY
Comprehensive Plan Element Consistent Not Consistent Not Applicable
A. Land Use Plan X
B. Parks, Recreation, and Cultural Resources
Facility Master Plan X
C. Growth Management Plan X
D. Affordable Housing Plan X
E. Comprehensive Transportation Plan X F. Open Space and Historic Resources Plan X
G. Historic Preservation Master Plan X
A. Land Use Plan
The site is designated for Office/Industrial (OFC/IND) land uses in the Northwest Area Plan and the Carpenter Community Plan, both of which are sub-components of the Town of Cary Comprehensive Plan.
Mini-storage, which is a sub-category of the Warehousing and Distribution use category, is consistent with the land uses described in the Northwest Area Plan for OFC/IND properties. The site is not directly subject to any plan notes, though the Carpenter Community Plan does note that in the future the railroad crossing for Good Hope Church Road may be closed. This closing would eliminate direct vehicular access from the site into the Carpenter Community. The crossing is proposed to be maintained as a pedestrian access.
B. Parks & Greenways Master Plan
The Parks, Recreation and Cultural Resources (PRCR) Facilities Master Plan indicates a future greenway along the southern side of Good Hope Church Road and along the proposed development’s frontage.
The greenway connection is intended to be established when the vehicular crossing of the railroad is closed at some point in the future. The location (north or south side of the road) and alignment of the greenway has not been determined at this point, so the construction of the greenway by the developer is impractical at this time.
C. Growth Management Plan
The site is located adjacent to NC Highway 55 and access is readily available to the Town water system.
The developer is making improvements to NC Highway 55 to ensure that the infrastructure is consistent with other components of the Comprehensive Plan and that adequate infrastructure is in place concurrent with development. This is consistent with the guiding principles of the Growth Management Plan. Sanitary Sewer service is not readily available to the property, so the applicant has requested to utilize a septic system in-lieu of public sewer. Staff recommends that the Town Council condition the approval of the Site Plan on the development’s connection to public sanitary sewer within 90 days of public sanitary sewer line being extended to within 300 feet of the subject parcel.
D. Affordable Housing Plan
The Affordable Housing Plan does not apply to non-residential development proposals.
E. Comprehensive Transportation Plan (CTP)
The subject properties are located in the southeastern quadrant of the intersection of NC Highway 55 and Good Hope Church Road. The property has approximately 1,460 feet of frontage along NC Highway 55 and approximately 350 feet of frontage along Good Hope Church Road.
NC Highway 55 is designated as a Major Thoroughfare.
Existing Section: 4-lane thoroughfare with a 17-foot grass median within approximately 150 feet of right-of-way
Required Section: 6-lane median-divided thoroughfare within 124 feet of right-of-way Sidewalks: Required on both sides; none existing
Bicycle Lanes: 14-foot-wide outside lanes
Transit: No C-Tran service is planned along this corridor; NC Highway 55 is served by regional bus service (Triangle Transit Route 311)
Status of Planned Improvements: No improvements are currently scheduled by the Town. The
proposed development plan includes widening NC Highway 55 along the property frontage to the ultimate cross-section identified in the Comprehensive Plan, including the provision of sidewalk.
Good Hope Church Road is designated as a Local Street.
Existing Section: 2-lane street within approximately 60-70 feet of variable width right-of-way Required Section: 2-lane street within 50 feet of right-of-way
Sidewalks: Required on one side Bicycle Lanes: Not required
Transit: No transit planned along this corridor.
Status of Planned Improvements: No improvements are currently scheduled by the Town. The CTP indicates no improvements would be required of the developer along Good Hope Church Road.
F. Open Space Plan
The Open Space and Historic Resources Plan indicates no priority open space on the subject parcels.
G. Historic Preservation Master Plan
The subject properties are vacant; therefore, the Historic Preservation Master Plan is not applicable.
CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE (LDO) Traffic
A mini-storage use containing 89,150 square feet is expected to generate 17 vehicle trips in the morning peak-hour and 19 vehicle trips in the evening peak-hour. Since the projected vehicular trips in neither peak-hour meet the 50-trip threshold established in LDO Section 3.23 Adequate Public Facilities for Roads, no traffic study would be required for the proposed development.
Buffers and Streetscapes
The proposed development would provide a 30-foot streetscape along both the NC Highway 55 and the Good Hope Church Road frontages. The required 20-foot Type C buffer would be provided along the southern property line.
The developer has proposed an averaged buffer width along the eastern property line adjacent to the railroad right-of-way. LDO section 7.2.10(D) provides for the averaging of a perimeter buffer. This section of the LDO is included below for reference, and is followed by staff comments on how the plan satisfies the requirements for approval of the averaged buffer.
Section 7.2.10(D) of the LDO reads as follows:
An average buffer/streetscape width that equals the width of the required buffer/streetscape may be approved, provided that all of the following requirements are met:
(1) The buffer/streetscape average equals the required width {for example, a required fifty (50) foot buffer could average a minimum of fifty (50) feet in width.}
(2) In no case shall a buffer/streetscape that is adjacent to single-family residential development be less than thirty (30) feet in width.
(3) All buffer/streetscape areas that are less than the required minimum width must include additional vegetation, walls/fencing, and/or other measures.
The eastern perimeter buffer is adjacent to railroad right-of-way. No single-family residential property would be affected by the averaging of this buffer. A 20-foot Type C (Aesthetic) buffer would be installed
as required for the first 245 feet from the inside edge of the Good Hope Church Road streetscape. The next 492 feet of buffer begins to narrow to approximately 10 feet in width. To compensate for the reduced width, the applicant proposes to increase the buffer standard to an opaque evergreen screen consisting of Japanese cryptomeria (Cryptomeria japonica) and Dwarf Burford hollies (Ilex cornuta ‘Burfordii Nana’).
The proposed site varies from three to seven feet below the railroad tracks and the proposed cryptomeria would be located on the high side of a proposed retaining wall. Beyond the narrowed portion of the buffer, the remaining 616 feet of eastern perimeter buffer would be 28 feet wide and would be planted to the required Type C buffer standard. The net result is an increase of 635 square feet of total area in the eastern buffer and an increase in visual separation at the narrowest portion of the buffer.
Architectural
The proposed mini-storage buildings would be consistent with the required architectural standards contained in the Community Appearance Manual (CAM). A climate controlled storage building is
proposed as a 3-story structure with a tower element on the southwestern corner adjacent to the property entrance. The remainder of the buildings would be traditional 1-story buildings. The façades facing the adjoining roadways would contain the required façade articulation and would appear more like an office building than a mini-storage facility. The interior façades would contain standard roll-up doors for access to each storage unit.
The predominant brick used would be a standard red-tone brick with a lighter, tanner brick tone used for accent and articulation. Roofing is proposed as green standing seam metal with tan EIFS being used as permitted to provide additional articulation. The storefront would incoporate anodized bronze with a bronze-tinted glazing similar to that used in office buildings around the Town.
Utilities
The proposed development is located adjacent to a 16-inch water main located in the NC Highway 55 right-of-way. The proposed plan would extend a new public water line through the site and along Good Hope Church Road right-of-way to create a looped system to serve the proposed development. Two additional hydrants would be provided for fire-protection connections on the site.
The development proposes to extend a new 6-inch reclaimed water main along NC Highway 55 right-of- way. There is currently no reclaimed water available within the immediate vicinity, so the reclaimed line would connect to the 16-inch water main previously mentioned until reclaimed water becomes available to the property.
The proposed development has no direct access to public sanitary sewer service. Therefore, the applicant has proposed to provide an on-site private septic system in-lieu of the connection to public sanitary sewer service. LDO section 8.1.4(E) allows the use of private utility systems in-lieu of private connections as follows:
The applicable portions of Section 8.1.4(E) of the LDO read as follows:
(1) Water mains, sanitary sewers, and functional fire protection systems shall be installed by the subdivider prior to the final plat approval and in accordance with adopted Town policy and the Town's Standard Specifications and Details Manual. When Town water and sanitary sewer lines are available, or will be made available to within three hundred (300) feet of any subdivision within four (4) months after preliminary plan approval, the
subdivider shall connect to the Town utilities.
…
(4) All permitted and special uses shall be connected to and served by public water and sanitary sewer facilities; however, uses in the R-80 zoning district may be served by private wells and/or septic systems. Uses proposed in new subdivisions within the R-40 zoning district shall be connected to public water and sanitary sewer facilities unless exceptions are granted by the Town Council. In some cases, the Planning Director may grant an exception to allow the use of private wells and/or septic systems for uses within other zoning districts provided that the anticipated water and/or wastewater requirements
are minimal and that all County governmental agencies have approved the proposed use to operate with a private well and/or septic system.
The closest public sanitary sewer manhole is located approximately 600 feet from the southern property line (almost 800 feet from the nearest proposed building) and on the opposite side of NC Highway 55 in the vicinity of Town of Cary Fire Station #7. The connection would require boring under NC Highway 55 and multiple stream crossings, as well as acquiring utility easements from multiple property owners. The proposed mini-storage use would be expected to generate very little demand on the sewer system, and the Wake County Department of Environmental Services has approved the proposed design (see Exhibit D).
PROPOSED CONDITIONS FOR THE SPECIAL USE
Staff has reviewed the application and the materials provided by the applicant both for compliance with the requirements of the LDO and for consistency with the Comprehensive Plan. Staff has included a brief discussion of its findings in relation to the general criteria for approval of a special use permit and to other applicable approval criteria in this staff report and in the attached Town Council worksheet.
Based on information submitted by the applicant and on the analysis presented within this staff report, the Development Review Committee (DRC) recommends the attachment of the following conditions to the requested Special Use Permit:
1. The Resolution and Permit approved by the Town Council in this special use application shall be recorded with the Wake County Register of Deeds upon the expiration of the appeal period, per Section 3.8.4(E) of the LDO. The original recorded Resolution and Permit shall be returned to the Planning Department when received from the Register of Deeds.
2. The approval of this special use is conditioned on the subsequent approval of a site plan in accordance with LDO Section 3.8.1(B)(2) and as required under LDO Section 3.9.
3. The regulations, the leases, and/or the licenses for storage on the site shall prohibit the storage of hazardous materials in any storage units.
RECOMMENDED ORDER OF TOWN COUNCIL ACTION
Town Council has been asked to consider two separate applications in relation to the proposed project.
Staff offers the following recommendations on the order of actions to be taken on these requests following the public hearing:
1. Take action on Special Use.
2. Take action on Site Plan, including the use of a private septic system in-lieu of a public sanitary sewer connection
CARY TOWN COUNCIL SPECIAL USE WORKSHEET
AND
SUGGESTED MOTIONS
Section 3.8.3 of the LDO states the following: “The Town Council shall not approve a proposed special use and any accompanying site plan unless and until it determines that the proposed use meets all the criteria set forth below, based on the evidence and testimony received at the public hearing or otherwise appearing in the record of the case:”
(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: Staff has included a discussion of the Special Use’s consistency with the various elements of the Comprehensive Plan and with general LDO requirements as set forth earlier in this report. Staff’s comments indicate that the plan is consistent with the applicable elements of the Comprehensive Plan and is consistent with the applicable LDO requirements except as identified in the body of the report.
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 will be required to comply with all applicable federal, state, and local regulations governing such uses, including restrictions on the types of materials that can be stored within the units based upon the Fire Code. The applicant’s Justification Statement (see Exhibit A) indicates that such language is already proposed in their agreements. [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: The applicant has indicated that the proposed mini-storage facility would provide an opportunity for members of the surrounding community to both store items and vehicles in a secure area that is out of the public’s view.
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: The LDO contains development standards designed to mitigate impacts of development on adjoining properties. The proposed development would be in compliance with the regulations governing such development, including both setback and buffering standards to the extent possible.
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 proposed development is consistent with the character and the density proposed in the Land Use plan and with zoning designations for the property. This segment of NC
Highway 55 is largely undeveloped and is in its original agricultural and residential state.
Development has occurred farther to the south on NC Highway 55, and the proposed development is similar in character to the existing two-story US Army Reserve center and to other mini-storage uses.
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 property is located adjacent to a major north-south thoroughfare (NC Highway 55) and would be served by public services along this corridor. A 16-inch public water main is located along the properties’ frontage and would serve the proposed development. The closest public
sanitary sewer connection is located approximately 600 feet from the southern edge of the property on the opposite side of NC Highway 55. As a result of the costs associated with the crossing of NC Highway 55 and of the easement acquisition across several properties to access the sewer, the applicant has proposed to utilize a private septic system. The Wake County Environmental Services Department has reviewed and has approved the proposed septic system design for the property.
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 facility would not generate significant amounts of traffic either in the morning or in the evening peak-hour period and was no Traffic Impact Analysis on the surrounding roadways was required to be performed. Sidewalk would be provided along the NC Highway 55 corridor to improve pedestrian circulation along this thoroughfare. A greenway easement will contribute to improved pedestrian circulation both into and out of the Carpenter Community when the Good Hope Church Road railroad crossing is closed to vehicular traffic and the public greenway is constructed in that corridor.
TEST SATISFIED? __ YES __ NO
SUGGESTED MOTIONS FOR SPECIAL USE MOTION TO GRANT THE APPLICATION
Upon conducting a duly-advertised public hearing and considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the approval criteria of Section 3.8.3, I move that we APPROVE the request and adopt the proposed RESOLUTION AND PERMIT [Link to File] including the staff comments shown on the 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. This approval shall include 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 Register of Deeds upon the expiration of the appeal period, per Section 3.8.4(E) of the LDO. The original recorded Resolution and Permit shall be returned to the Planning Department when received from the Register of Deeds.
4. The approval of this special use is conditioned on the subsequent approval of a site plan in accordance with LDO Section 3.8.1(B)(2) and as required under LDO Section 3.9.
NOTE: The above conditions are LDO requirements; any additional condition(s) may be added or modified at the Town Council’s discretion
2. The regulations, the leases, and/or the licenses for storage on the site shall prohibit the storage of hazardous materials in any storage units.
OR
MOTION TO DENY THE APPLICATION
Upon conducting a duly-advertised public hearing and upon considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering 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.]
Does not conform to the Comprehensive Plan or other adopted plans because ___________;
Endangers the public health and safety because ______________;
Does not enhance the successful operation of the surrounding area in its community functions or provide an essential service to the community because ____________;
Substantially injures the value of adjoining or abutting property owners because ______________;
Is not harmonious with the scale, bulk, coverage, density, or character of the area because ____________;
Is not appropriately located with respect to transportation facilities, water supply, fire or police protection, waste disposal or similar facilities because __________________;
Will cause undue traffic congestion or will create a traffic hazard or unsafe pedestrian
pathway because ________________.
CARY TOWN COUNCIL SITE PLAN WORKSHEET
AND
SUGGESTED MOTIONS
Land Development Ordinance Section 3.9.2(I), Approval Criteria, requires that the following five (5) criteria (in bold text below) be met in order for the Town Council to grant approval of the proposed site plan revisions:
(1) The plan complies with all applicable requirements of this Ordinance, including the development and design standards of Chapters 7 and 8 as well as the dedication and improvements provisions of Chapter 8 as well as all applicable Town specifications.
Staff Comments: The plan is consistent with the requirements of the LDO, including the provisions regarding the averaging of perimeter buffers and the provision of utility services to the site.
TEST SATISFIED? __ YES __ NO (2) The plan adequately protects other property, or residential uses located on the same property, from
the potential adverse effects of the proposed development.
Staff Comments: The proposed development is consistent with the buffer and the setback requirements for a mini-storage use located in the proposed location. Additionally, the proposed mini-storage use would be required to comply with all applicable federal, state, and local regulations governing such uses,
including restrictions on the types of materials that can be stored within the units based upon the Fire Code. The applicant’s Justification Statement (see Exhibit A) indicates that such language is already proposed in their agreements. [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 (3) The plan provides harmony and unity with the development of nearby properties.
Staff Comments: The proposed development is consistent with the character and the density proposed in the Land Use plan and with zoning designations for the properties. This segment of NC Highway 55 is largely undeveloped and is in its original agricultural and residential state. Development has occurred farther to the south on NC Highway 55, and the proposed development is similar in character to the existing two-story US Army Reserve center and to other mini-storage uses.
TEST SATISFIED? __ YES __ NO (4) The plan provides safe conditions for pedestrians or for motorists and prevents a dangerous
arrangement of pedestrian and vehicular ways.
Staff Comments: The proposed plan would include construction of standard sidewalk along the NC Highway 55 corridor. Pedestrian connections would be provided into the site from the new sidewalk to access the office/internal storage facility. Access to the traditional storage buildings would be via gated vehicular drives. A greenway easement would be provided along the Good Hope School Road frontage to facilitate future pedestrian connectivity into the Carpenter Community once the at-grade vehicular railroad crossing is closed.
Vehicular access into the site is provided both from NC Highway 55 and from Good Hope Church Road.
The existing median in NC Highway 55 would restrict the access along that frontage to a right-in/right-out configuration only. Likewise, the access from Good Hope Church Road would also be limited to a right- in/right-out configuration given the proximity to the railroad crossing and to NC Highway 55.
TEST SATISFIED? __ YES __ NO (5) The plan provides safe ingress and egress for emergency services to the site.
Staff Comments: The proposed development would be required to comply with Police and with Fire Department requirements for providing access to the gated portions of the site. This is typically
accomplished through the provision of an access code that all emergency service vehicles would share.
TEST SATISFIED? __ YES __ NO
SUGGESTED MOTIONS FOR SITE PLAN MOTION TO APPROVE THE APPLICATION
Upon conducting a duly-advertised public hearing and considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the approval criteria of Section 3.9.2(I), I move that we adopt the staff comments shown on the worksheet as our findings to support the determination that the proposed use meets all of the approval criteria set forth in Section 3.9.2(I) and APPROVE the proposed SITE PLAN
[ALT: with the following changes to the staff comments____]
[ALT: with the following conditions ___________]
Potential Condition:
1. The proposed development shall be required to connect to public sanitary sewer service within 90 days of an acceptable public sanitary sewer line being available within 300 feet of the subject property.
OR
MOTION TO DENY THE APPLICATION
Upon conducting a duly-advertised public hearing and upon considering the application materials, the testimony, and the evidence presented at the hearing or otherwise appearing in the record and upon considering the approval criteria of Section 3.9.2(I), I move that we DENY the proposed SITE PLAN, finding that the proposed use does not meet all of the approval criteria set forth in Section 3.9.2(I) based on the following findings. Specifically, the application does not meet the following criteria: [choose the criteria below that have not been met and state the reason why it is not met.]
• The plan does not comply with all applicable requirements of this Ordinance, including the development and the design standards of Chapters 7 and 8, as well as the dedication and the improvement provisions of Chapter 8, and as well as all applicable Town specifications. (Note: Plans within Planned Developments may be subject to different requirements based on the approval) ___________;
• The plan does not adequately protect other property or other residential uses located on the same property from the potential adverse effects of the proposed development, because the
______________;
• The plan does not provide either harmony or unity with the development of nearby properties, because the ____________;
• The plan does not provide safe conditions for pedestrians or for motorists and prevents a dangerous arrangement of both pedestrian and vehicular ways, because the ______________;
• The plan does not provide both safe ingress and safe egress for emergency services to the site, because the ____________;
