LEGISLATIVE RESEARCH CENTER
File #: 16-1801    Version:
Type: Resolution Status: Passed
File created: 7/28/2016 In control: Planning
On agenda: 10/17/2016 Final action: 10/17/2016
Title: Vote on a request to approve Robert Kapp for a Conditional Use Permit revision at American Self Storage located at 30 Mt. Gilead Church Rd., Parcel No. 17454, to remove three existing structures currently used for boat and RV storage to be replaced with two bi-level, climate controlled self-storage mini storage units.
Attachments: 1. More Information from Planning Department Website

TITLE

Vote on a request to approve Robert Kapp for a Conditional Use Permit revision at American Self Storage located at 30 Mt. Gilead Church Rd., Parcel No. 17454, to remove three existing structures currently used for boat and RV storage to be replaced with two bi-level, climate controlled self-storage mini storage units.

 

ABSTRACT

 

Action Requested:

A request from Robert Kapp for a Conditional Use Permit revision at American Self Storage located at 30 Mt. Gilead Church Rd., Parcel No. 17454, to remove three existing structures currently used for boat and RV storage to be replaced with two bi-level, climate controlled self-storage mini storage units.

 

Introduction & Background:

A quasi-judicial hearing was held on August 15, 2016 on the request for a conditional use permit (CUP) revision. Planning staff provided an overview and discussed the proposed changes to the site. Planning staff also noted the applicant had met with the Chatham County Appearance Commission (CCAC) and they had recommended approval of the revised site plan. The applicant also held a community meeting which was not required with a CUP revision. There were four landowners who attended and one issue was noted. The applicant will work with one adjacent owner on an existing drainage issue to resolve a lingering problem with the current facility.

The applicant, Mr. Robert Kapp, and his representative, Mr. Taylor Blakely, spoke to the Board. Mr. Kapp touched on a couple of the changes stating the current chain link fence would be removed and is to be replaced with a new wrought iron fence and the landscaping will be improved based on the approval of the CCAC.

 

The Planning Board reviewed the request at their September 6, 2016 regular meeting and their comments are noted below in BOLD.

 

Discussion & Analysis:

The property that is the subject of this revision is located on the northeast corner of Mt. Gilead Church Rd. and US 64, which is a 4-lane highway. The property is zoned Conditional Use Light Industrial (CU-IND L) with a conditional use permit for mini-storage facilities and boat and recreational vehicle storage, which was approved in 1995. The property to the east (parcel 69237), to the west (parcel 66862) on the opposite side of Mt. Gilead Church Road, and on to the south (parcel 17461) on the opposite side of US 64 are zoned B-1, Business. The properties to the north and diagonally across US 64 are zoned R-1, Residential. The property is also located in the WS-IV Protected Area watershed within the Jordan Lake drainage. This request is to remove three existing structures currently used for boat and RV storage to be replaced with two bi-level, climate controlled self-storage mini storage units

In reviewing and considering approval of a Conditional Use Permit revision, the Board shall find that all of the following stated Findings of Facts shall be supported. Per the Zoning Ordinance “In considering an application for a conditional use permit the Board of Commissioners shall give due regard that the purpose and intent of this Ordinance shall be served, public safety and welfare secured and substantial justice done. If the Board of Commissioners should find, after public hearing, the proposed conditional use permit should not be granted, such proposed permit shall be denied.” This applies to revisions to existing CUPs as well. The findings are as follows:

Finding 1 - The use requested is among those listed as an eligible conditional use in the district in which the subject property is located or is to be located. Self-storage/mini warehouse storage is an allowed use in the Light Industrial zoning district. This property is currently zoned CU-Light Industrial which was approved in 1995 for boat and RV storage and a communications tower site.

Finding 2 - The requested conditional use permit or revision to the existing permit is either essential or desirable for the public convenience or welfare. The application states that two storage sheds will be removed to accommodate the construction of the two new bi-level, climate controlled self mini storage buildings. There are actually three structures to be removed. The applicant states they have had an increase in requests from customers to provide this type of storage on the property. They believe it will benefit not only their current customers, but allow expansion of that customer base by providing another type of storage on the property.

There were questions raised about the need for the modification from a Planning Board member. The applicant stated he wants to move to a better product and his current facility is full. There were no other concerns on this criteria.

Finding 3 - The requested permit or revision to the existing permit will not impair the integrity or character of the surrounding or adjoining districts, and will not be detrimental to the health, safety or welfare of the community. The applicant has proposed an increase in landscape plantings, new fencing, and uniformity with the current buildings on the site in order to improve the overall appearance of the site.

The current driveway is on Mt Gilead Church Road and approved by NCDOT. No changes are needed for this additional use.

Also noted is no increase in noise or pole lighting. Lighting will be placed on the buildings above the doors that meet the lighting regulations. A new sign is proposed on the US 64 side and will meet the signage requirements and limitations of the Zoning ordinance.

Finding 4 - The requested permit will be or remain consistent with the objectives of the Land conservation and Development Plan. The Plan encourages the continuation of existing business or industry. Because this is a replacement of types of structures, there will be no net change or increase in impervious surface. This site was allowed to exceed the maximum amount of impervious surface on the site, which is 36%, because impervious surface pre-dated the implementation of watershed regulations in 1994. The property currently is at approximately 85% and cannot increase.

Finding 5 - Adequate utilities, access roads, storm drainage, recreation, open space, and other necessary facilities have been or are being provided consistent with the County’s plans, policies, and regulations. All utilities, access roads, storm drainage, and other services will continue. A new septic field has been identified at the western boundary of the site for the restroom to be provided for the office of the new structures. A new well is also proposed to be added to serve the restroom. County water is not available to this site.

There were questions from several Planning Board members about the current and proposed remedies for stormwater runoff. Mr. Elza asked if a bio-retention rain garden could be utilized and the applicant’s engineer stated there wasn’t enough room to install this type of feature. Ms. Weakley asked if a sand filtering system would work and the engineer stated what they have is working. He did state they are planning on putting rip-rap in the northeastern portion of the property at a neighbor’s request in an effort to slow the runoff during large rain events. The applicant stated with less vehicles, he hoped there would be less issues.

It is the opinion of the Planning Department all five findings are met or will be met through the permitting process and therefore the request is recommended for approval.

Recommendation:

The Planning Board by unanimous vote (8-0) recommend adoption of a resolution approving the conditional use permit modification as submitted with the following conditions:

Site Specific Conditions

1.                     All previously approved conditions shall remain in effect, except as modified by this application.

2.                     The landscaping plan shall be implemented at the first optimal planting season when building construction begins and shall follow the approved plan reviewed by the CCAC.

Standard Site Conditions

3.                     The application, standards and adopted regulations of the applicable ordinances and policies, and the approved recommendations as provided for and/or conditioned, are considered to be the standards as set forth and shall comply as stated. Changes or variations must be approved through the Planning Department or other approving board before any such changes can take place. These include but are not limited to landscaping, lighting, signage, parking, building construction, etc.

4.                     All required local, state, or federal permits (i.e. NCDOT commercial driveway permits, NCDWQ, Chatham County Land and Water Resources, Environmental Health Division, Building Inspections, Fire Marshal, etc.) shall be obtained, if required, and copies submitted to the Planning Department to the initiation of the operation/business.

Standard Administrative Conditions:

5.                     Fees - Applicant and/or landowner shall pay to the County all required fees and charges attributable to the development of its project in a timely manner, including, but not limited to, utility, subdivision, zoning, and building inspections.

6.                     Continued Validity - The continued validity and effectiveness of this approval was expressly conditioned upon the continued compliance with the plans and conditional listed above.

7.                     Non-Severability - If any of the above conditions is held to be invalid, this approval in it’s entirely shall be void.

8.                     Non-Waiver - Nothing contained herein shall be deemed to waive any discretion on the part of the County as to further development of the applicant’s property and this permit shall not give the applicant any vested right to develop its property in any other manner than as set forth herein.