STAFF REPORT
Rezoning #15CZ06 The Pointe (Olive Chapel/Kelly Rd)
April 13, 2015 Planning Board Meeting
The purpose of the public hearing is to consider the facts and receive public comment in order to
formulate a recommendation for the Town Council.
All property owners within three hundred (300) feet of this rezoning have been notified per UDO
Section 2.2.11 “Public Notification”.
BACKGROUND INFORMATION:
Location:
Applicant:
1401 & 1417 Kelly Road, 1700, 1704, 1712, 1724 & 1736 Olive Chapel Road
Alan Maness, BBM Associates
PROJECT DESCRIPTION:
Acreage:
PIN:
+/- 24.14 acres
0732-13-7731, 0732-13-2612, 0732-13-0157, 0732-02-9658, 0731-12-1795,
0732-13-4002, 0732-13-7172
Current Zoning:
Rural Residential (RR)
Proposed Zoning:
Planned Commercial Conditional Zoning (PC-CZ)
2030 Land Use Map: High Density Residential, Office Employment, Commercial Services
Town Limits:
ETJ
Adjacent Zoning & Land Uses:
Zoning
Land Use
North:
Rural Residential
Single Family Detached, Vacant
South:
Medium Density Residential
Olive Chapel Elementary School
East:
Tech/Flex, Rural Residential
540 corridor, 540 Flex, Single Family
Detached
West:
Neighborhood Business, High Density
Multi Family, Medium Density
Residential
Colonial Village at Beaver Creek
Apartments, Creekside detached
townhomes, Single Family detached
ATTACHMENTS
1. Vicinity Map
2. Application and Neighborhood meeting report
Prepared by: Brendie Vega, Principal Planner
Page 1 of 4
STAFF REPORT
Rezoning #15CZ06 The Pointe (Olive Chapel/Kelly Rd)
April 13, 2015 Planning Board Meeting
EXISTING CONDITIONS:
The 24.14 acre site consists of seven parcels at the northeast corner of Olive Chapel Road and Kelly Road.
NEIGHBORHOOD MEETING:
A neighborhood meeting was originally scheduled for February 26, 2015 at the Halle Cultural Arts Center, but
it had to be rescheduled due to weather and the closing of the Halle. The meeting was rescheduled and held
on March 19, 2015. The neighborhood meeting report is attached.
2030 LAND USE MAP:
The 2030 Land Use Map identifies the proposed site as Mixed Use: High Density Residential/Office
Employment/Commercial Services. Further, this area is identified as a Neighborhood Mixed Use (NMU)
activity center. The 2030 Land Use Map identifies this major intersection as a neighborhood mixed use node
which identifies the economic development potential estimated to be, but not limited to, up to 100,000 sq.
ft. of retail with a 1-2 mile trade area. The proposed Planned Commercial (PC) zoning district is consistent
with the 2030 Land Use Map classification.
PROPOSED ZONING USES:
1. Limitation of Uses
Uses shall be limited to the following:
1. Assembly hall, nonprofit
2. Assembly hall, for-profit
3. Church or place of worship (P/SUP)
4. Day care facility
5. Drop-in or short-term day care
6. Government service
7. Utility, minor
8. Botanical garden
9. Entertainment, indoor
10. Greenway
11. Park, active
12. Park, passive
13. Youth or day camps
14. Restaurant, drive-through
15. Restaurant, general
16. Medical or dental office or clinic
17. Office, business or professional
18. Barber and beauty shop
19. Bookstore
20. Convenience store
21. Convenience store with gas sales
22. Dry cleaners and laundry service
23. Financial Institution
24. Floral Shop
25. Gas and fuel, retail
26. Grocery, general
27. Grocery, specialty
28. Health/fitness center or spa
29. Newsstand or gift shop
30. Personal Service
31. Pharmacy
32. Printing and copying service
33. Real estate sales
34. Retail sales, bulky goods
35. Retail sales, general
36. Studio for art
37. Tailor shop
38. Pet services
39. Automotive parts
40. Repair and maintenance, general
(service bays cannot face a public rightof-way)
2. Building exteriors shall have more than one material and color.
Prepared by: Brendie Vega, Principal Planner
Page 2 of 4
STAFF REPORT
Rezoning #15CZ06 The Pointe (Olive Chapel/Kelly Rd)
April 13, 2015 Planning Board Meeting
3. Building parapet heights will be varied.
4. The primary building materials shall include brick, natural or synthetic stone, textured concrete
masonry units, and EIFS.
5. EIFS shall not be used in the first 48 inches above grade.
6. Vinyl siding, smooth faced concrete block, and metal are prohibited as primary building materials
(windows and trim may be of vinyl or metal). Metal panels could also be allowed as an accent
material (awnings, roofs, etc.).
STAFF RECOMMENDATION:
Staff recommends approval of rezone #15CZ06 with the conditions as offered by the applicant.
ANALYSIS STATEMENT OF THE REASONABLENESS OF THE PROPOSED REZONING:
This Statement will address consistency with the Town’s comprehensive and other applicable plans,
reasonableness, and effect on public interest:
Approval of the rezoning is in keeping with the 2030 Land Use Map for this area which calls for Mixed Use:
High Density Residential, Office Employment, and Commercial Services. This rezoning is reasonable because
the 2030 Land Use Map identifies this major intersection as a neighborhood mixed use node which identifies
the economic development potential estimated to be, but not limited to, up to 100,000 sq. ft. of retail with a
1-2 mile trade area. The rezoning is in the public interest to encourage compatible development of the
property at a major intersection and to increase the tax base.
CONDITIONAL ZONING STANDARDS:
The Planning Board shall find the Planned Commercial Conditional Zoning (PC-CZ) designation demonstrates
compliance with the following standards, in UDO Section 2.3.3 (F):
Legislative Considerations
The applicant shall propose site-specific standards and conditions that take into account the following
considerations, which are considerations that are relevant to the legislative determination of whether or not
the proposed conditional zoning district rezoning request is in the public interest. These considerations do
not exclude the legislative consideration of any other factor that is relevant to the public interest.
1)
2)
3)
4)
Consistency with 2030 Land Use Map. The proposed Conditional Zoning (CZ) District use’s
appropriateness for its proposed location and consistency with the purposes, goals, objectives, and
policies of the 2030 Land Use Map.
Compatibility. The proposed Conditional Zoning (CZ) District use’s appropriateness for its proposed
location and compatibility with the character of surrounding land uses.
Zoning district supplemental standards. The proposed Conditional Zoning (CZ) District use’s
compliance with Sec 4.4, Supplemental Standards, if applicable.
Design minimizes adverse impact. The design of the proposed Conditional Zoning (CZ) District use’s
minimization of adverse effects, including visual impact of the proposed use on adjacent lands; and
avoidance of significant adverse impacts on surrounding lands regarding trash, traffic, service
delivery, parking and loading, odors, noise, glare, and vibration and not create a nuisance.
Prepared by: Brendie Vega, Principal Planner
Page 3 of 4
STAFF REPORT
Rezoning #15CZ06 The Pointe (Olive Chapel/Kelly Rd)
April 13, 2015 Planning Board Meeting
5)
6)
7)
8)
9)
10)
Design minimizes environmental impact. The proposed Conditional Zoning District use’s minimization
of environmental impacts and protection from significant deterioration of water and air resources,
wildlife habitat, scenic resources, and other natural resources.
Impact on public facilities. The proposed Conditional Zoning (CZ) District use’s avoidance of having
adverse impacts on public facilities and services, including roads, potable water and wastewater
facilities, parks, schools, police, fire and EMS facilities.
Health, safety, and welfare. The proposed Conditional Zoning (CZ) District use’s affect on the health,
safety, or welfare of the residents of the Town or its ETJ.
Detrimental to adjacent properties. Whether the proposed Conditional Zoning (CZ) District use is
substantially detrimental to adjacent properties.
Not constitute nuisance or hazard. Whether the proposed Conditional Zoning (CZ) District use
constitutes a nuisance or hazard due to traffic impact or noise, or because of the number of persons
who will be using the Conditional Zoning (CZ) District use.
Other relevant standards of this Ordinance. Whether the proposed Conditional Zoning (CZ) District
use complies with all standards imposed on it by all other applicable provisions of this Ordinance for
use, layout, and general development characteristics.
Prepared by: Brendie Vega, Principal Planner
Page 4 of 4
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Rezoning Case
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Prepared by: Town of Apex Planning Department April 2015
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Permitted Uses
Public and Civic Uses
Assembly hall, nonprofit
Assembly hall, for profit
Church or place of worship
Day care facility
Drop-in or short-term day care
Government service
Utilities
Utility, minor
Recreational Uses
Botanical garden
Entertainment, indoor
Greenway
Park, active
Park, passive
Youth or day camps
Food and beverage service
Restaurant, drive-through
Restaurant, general
Office and research
Medical or dental office or clinic
Office, business or professional
Retail sales and service
Barber and beauty shop
Book store
Convenience store
Convenience store with gas sales
Dry cleaners and laundry service
Financial institution
Floral shop
Gas and fuel, retail
Grocery, general
Grocery, specialty
Health/fitness center or spa
Newsstand or gift shop
Personal service
Pharmacy
Printing and copying service
Real estate sales
Retail sales, bulky goods
Retail sales, general
Studio for art
Tailor shop
Pet services
Vehicle repair and service
Automotive parts
Repair and maintenance, general
(service bays cannot face a public right-of way)
NEIGHBORHOOD MEETING REPORT
Page 8 of 9
Petition No.
Per UDO Section 2.2.7, neighborhood meetings are required for all rezoning, conditional zoning and 2030 LUM
Amendment applications. The purpose of the neighborhood meeting is to educate neighbors about the
proposed development and application, to receive neighborhood comments, and to address concerns about
the development proposal. At least one neighborhood meeting shall be scheduled and held by the applicant or
applicant’s agent prior to submission of the initial application.
The neighborhood meeting shall comply with the following procedures:
 The neighborhood meeting shall be held at a place that is generally accessible to neighbors that reside
in close proximity to the land subject to the application.
 The applicant shall provide notification of the neighborhood meeting a minimum of ten (10) calendar
days in advance of the meeting by mail to:
o All landowners within three hundred (300) feet of the land subject to the application;
o Any HOA or neighborhood association that represents citizens within that area and
o The Town of Apex Planning and Community Development Department.
 At the neighborhood meeting, the applicant shall explain the development proposal and application,
answer any questions, respond to concerns neighbors have about the application and proposed
resolutions to these concerns.
Date of Mailing: March 4, 2015
Other Methods of Contact:
I hereby attest that letters were mailed to the Certified List of Property Owners:
Printed Name: Alan M. Maness
Date of Meeting: March 19, 2015
Signature:
Time of Meeting: 6:00 PM
Location of Meeting: Halle Cultural Arts Center
Summary of issues:
The attendees were curious as to the identity of the anchor tenant. We explained we could not divulge the name due to a
confidentiality agreement. There were questions about the plans that the Town and the Developer have to
improve the intersection of Kelly Rd. and Olive Chapel Rd. We displayed a depiction of the ultimate turn lanes
after completion of both projects. There seemed to be excitement to get the roadway improvements completed.
There were questions as to the width and type of buffers that would be provided. Other questions concerned the
other types of tenants anticipated for the center. There were concerns over the inclusion of "Drycleaners and
Laundry Services" until we explained that all cleaning would take place off-site. There were no requests to
eliminate any proposed uses and no requests for changes to the rezoning request.
Description of changes made by applicant as a result of the neighborhood meeting:
No changes at this time.
Attach additional sheets as needed.
Rezoning & 2030 LUM Petition-Last Update Feb 2014