Town of Holly Springs Town Council Meeting Agenda Cover Sheet Meeting Date: Jan. 15, 2019 Agenda Item #: 7d Agenda Placement: Public Hearing (Recognitions (awards, proclamations), Requests & Communications (reports, information presentations), Public Hearings, Consent Agenda, Unfinished Business, New Business, Closed Session or Agenda Addition) Subject Title: 18-SEU-14 171 Tradition Trail, Suite 204 Staff Resource(s): Matt Beard matt.beard@hollyspringsnc.us 919-567-4018 Action(s): Conduct Quasi-Judicial (sworn testimony) Public Hearing on the Special Exception Use Consider Findings of Fact for Special Exception Use Make a determination on Special Exception Use HOLD QUASI-JUDICIAL PUBLIC HEARING: Accept sworn testimony and qualified evidence on Special Exception Use Petition #18-SEU-14 for 171 Tradition Trail, Suite 204 as submitted by the Josh Brackett. ACTION #1: FINDINGS OF FACT - SPECIAL EXCEPTION USE (18-SEU-14); Discussion: Determine whether the findings of fact for the Special Exception Use and Variances of Development Standards of UDO petitions have been adequately satisfied. The petitioner s responses to the required findings are enclosed in your packets for your review and reference when making this determination. Special Exception Use Findings of Fact: A special exception use may only be granted upon the presentation of sufficient evidence to enable a written determination that: a. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; b. The proposed use will not injure or adversely affect the adjacent area; c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan; d. The proposed use shall conform to all development standards of the applicable district (unless a waiver of such development standards is requested as part of the special exception use petition and approved as set forth above, in which case the proposed use shall conform to the terms and conditions of such waiver). e. Access drives or driveways are or will be sufficient in size and properly located to: ensure automotive and pedestrian safety and convenience, traffic flow as set forth in Section 7.09 Pedestrian Circulation and Vehicular Area Design; and, control and access in case of fire or other emergency; f. Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and removal, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood; Agenda Topic Cover Sheet / last modified Nov. 6, 2018
g. The lot, building or structure proposed for the use has adequate restroom facilities, cooking facilities, safety equipment (smoke alarms, floatation devices, etc.), or any other service or equipment necessary to provide for the needs of those persons whom may work at, visit or own property nearby to the proposed use; h. Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the needs of the proposed use; i. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts; and, j. The type, size, and intensity of the proposed use (including but not limited to such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use) will not have significant adverse impacts on adjoining properties or the neighborhood. Motion #1: Motion to make and accept the Findings of Fact for a Special Exception Use as specified in Unified Development Ordinance Section 4.02 RT Research and Technology District to allow for an Athletic Facility in the RT: Research and Technology District at the property located at 171 Tradition Trail, Suite 204, Wake County PIN 0649338038. ACTION #2: SPECIAL EXCEPTION USE Motion #2: Having made findings of fact that the project meets the requirements to be granted a Special Exception Use, motion to approve Special Exception Use as specified in Unified Development Ordinance Section 4.02 RT Research and Technology District to allow for an Athletic Facility in the RT: Research and Technology District at the property located at 171 Tradition Trail, Suite 204, Wake County PIN 0649338038. Background: The applicant has requested approval of a Special Exception Use for an Athletic Facility to provide martial arts training in Suite 204 of the multi-tenant building at 171 Tradition Trail. Explanation: The Planning Board did not have any issues or concerns at their meeting on 12/19/2018 The Planning Board recommended Approval The Planning Board vote was: 8-0-1 Agenda Topic Cover Sheet / last modified Nov. 6, 2018
REQUEST FOR SPECIAL EXCEPTION USE 171 Tradition Trail, Suite 204 18-SEU-14 APPICANT(S): DEVELOPER(S): OWNER(S): Josh Brackett Same as Petitioner Cara Hylton ABCZ Development Co, LLC LOCATION: Town of Holly Springs Staff Report to the Planning Board [ X ] Within Corporate Limits of Holly Springs [ ] Within Holly Springs ETJ [ ] Annexation Pending ANTICIPATED REVIEW SCHEDULE: Planning Board: 12/19/2018 Town Council Public Hearing & Action: 1/15/2018 STAFF CONTACTS: Matt Beard, Planner I ATTACHMENTS: Petitioner s Response to the Special Exception Use Petition Findings of Fact PARCEL INFORMATION OWNER PARCEL # ZONING AREA ABCZ Development Co, LLC 0649338038 RT: Research and Technology 6.92 ac TOTAL 6.92 acres
ZONING RT: Research and Technology ADJACENT PROPERTY SITE DATA EXISTING LAND USE Office/Warehouse/Athletic Facility Subject Property North RT: Research and Technology Office/Warehouse South RT: Research and Technology Office/Warehouse (Locklear Roofing) East RT: Research and Technology Office/Warehouse (Locklear Roofing) West RT: Research and Technology Office/Warehouse (OFM & SVG Concrete) Development Plan History Project Number: 09-DP-03-A02 Description: Holland Industrial Park Lot 2 Approved by TRC on: June 2, 2009 PROPERTY HISTORY SPECIAL EXCEPTION USE Request to allow for a Special Exception Use as specified in Unified Development Ordinance Section 4.02 RT Research and Technology District to allow for an Athletic Facility in the RT: Research and Technology District at the property located at 171 Tradition Trail, Suite 204, Wake County PIN 0649338038. Special Exception Use Findings of Fact: A special exception use may only be granted upon the presentation of sufficient evidence to enable a written determination that: a. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; b. The proposed use will not injure or adversely affect the adjacent area; c. The proposed use will be consistent with the character of the district, land uses authorized therein, and the Town of Holly Springs Comprehensive Plan; d. The proposed use shall conform to all development standards of the applicable district (unless a waiver of such development standards is requested as part of the special exception use petition and approved as set forth above, in which case the proposed use shall conform to the terms and conditions of such waiver). e. Access drives or driveways are or will be sufficient in size and properly located to: ensure automotive and pedestrian safety and convenience, traffic flow as set forth in Section 7.09 Pedestrian Circulation and Vehicular Area Design; and, control and access in case of fire or other emergency; f. Off-street parking areas, off-street loading areas, trash enclosures, trash pick-up and removal, and other service areas are located so as to be safe, convenient, allow for access in case of emergency, and to minimize economic, glare, odor, and other impacts on adjoining properties and properties in the general neighborhood; g. The lot, building or structure proposed for the use has adequate restroom facilities, cooking facilities, safety equipment (smoke alarms, floatation devices, etc.), or any other service or equipment necessary to provide for the needs of those persons whom may work at, visit or own property nearby to the proposed use; h. Utilities, schools, fire, police and other necessary public and private facilities and services will be adequate to handle the needs of the proposed use; i. The location and arrangement of the use on the site, screening, buffering, landscaping, and pedestrian ways harmonize with adjoining properties and the general area and minimize adverse impacts; and,
j. The type, size, and intensity of the proposed use (including but not limited to such considerations as the hours of operation and numbers of people who are likely to utilize or be attracted to the use) will not have significant adverse impacts on adjoining properties or the neighborhood. PROJECT OVERVIEW STAFF ANALYSIS A Special Exception Use is a Permitted Use within a specific zoning district that may not necessarily fit in with the surrounding areas and uses and is subject to further review. Applicants requesting a Special Exception Use, must be able to demonstrate that all required Findings of Fact are being met. The Town Council through the public hearing and sworn testimony must be able to make findings that these facts will be met and/or adhered to as part of the motion. If the Town Council determines that a Fact cannot be met or adhered to, then the Special Exception should be denied. The applicant has requested a Special Exception Use for an Athletic Facility in the RT: Research and Technology District. The Industrial flex space was constructed in 2010 currently houses a number of different uses, including the Daniel Dhers Action Sports Complex, which was granted an SEU as an Athletic Facility use. The specific location of the Athletic Facility will be in Suite 204, which is in the same building as Daniel Dhers and CrossFit Zeal. The applicant has stated that the primary use of the space will be for Martial Arts Training. PLANNING & ZONING The Land Use Plan has this property designated as Business Park. The Business Park category is intended to set aside areas of town that encourages clean industry that will not adversely affect the quality of life. Business Parks should be concentrated to a general location in order to achieve the maximum benefit when providing infrastructure to prospective and existing business park clients. Business Parks should be located adjacent to major transportation routes with easy access to major highways, and existing facilities. Future Land Use Objectives that apply to this project include: 12) Encourage entrepreneurship and small business development. ENGINEERING Utility Services: No modifications to the approved utility services are required with this SEU. Transportation: No modifications to the approved roadway network or requirements are needed with this SEU. STAFF RECOMMENDATION TO THE PLANNING BOARD Staff has reviewed the requested Special Exception Use Petition and has found that the Petition as submitted and presented to the Planning Board complies with the minimum requirements as specified in Town adopted land development policies and ordinances. SUGGESTED MOTION: Motion to recommend that the Town Council approve/deny Special Exception Use #18-SEU-14 as specified in Unified Development Ordinance Section 4.02 RT Research and Technology District to allow for an Athletic Facility in the RT: Research and Technology District at the property located
at 171 Tradition Trail, Suite 204, Wake County PIN 0649338038, as submitted by Josh Brackett with the following conditions: 1. All operations must adhere to the evidence submitted by the applicant as stated in the findings of fact submitted and those findings of fact specified by the Town Council in conjunction with 18-SEU-14. 2. All previous approval conditions for Lot 2 Holland Industrial Park apply to this amendment as well. Agenda Item Completeness Checklist Approved for Distribution Staff Member Yes No Initials Comments Matt Beard X MBB Rachel Jones Melissa Sigmund X MS