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 GL EN S HIR WITH ERID G H E KE LLY RID TT GE O ILC LANSBR OOKE CH WEXL EIG E DH WEN URS ER AV BE T CR K EE M M CO S ON Rezoning Case #15CZ06 CLA NC 540 ST AR ING WI ND YC SUNNY CREEK ASHLEY DOWNS SPR SH EAD K PAR 600 900 1,200 Feet Prepared by: Town of Apex Planning Department April 2015 S Olive Chapel Elementary School EL AP RED DEER H RU TW ELV EO AK CREEKSIDE HILLS BL E Ashley Downs G IN ER EST HOM 300 ASHBARK K IC R STA ± 0 VA Y LLE SIDE [Future] 540 Flex & Business Park CH ING C IVE OL BARN DOU N EVE PECAN RI DGE LEN EE Creekside CR KG NC 540 KELLY ERLWOOD IN G RE EK EV EN FAR M CHAPE L RIDG E Abbington RK AN ER TL 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
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