07-REZ-03 Chapel Hill Road PDD Amendment
Rezoning Data Sheet
Jennifer Currin, Case Manager
The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 3.1 acres located on the southeast corner of the intersection of Chapel Hill and Trinity Roads from Industiral (I) and Planned Development Distict (PDD) to Planned Development District (PDD) Amendment.
The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) of land. Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process. However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. All such requirements can be found at http://www.amlegal.com/library/nc/cary.shtml.
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Applicant |
Quality Oil Company LLC (Ernie Rhymer) | ||||
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Agent |
Terry Boylan | ||||
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Acreage |
3.1 ± | ||||
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General Location |
Southeast corner of Chapel Hill and Trinity Roads | ||||
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Hearings / Meetings |
Public Hearing |
Planning & Zoning |
Town Council | ||
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Land Use Designation |
The current land use plan designation is Office and Industrial (OFC/IND), Office and Institutional (OFC/INS) and Commercial (COM). Through 07-CPA-02, the applicant is requesting a modified arrangement of Commercial (COM) and Office/Industrial (OFC/IND) | ||||
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Town Limits |
Corporate Limits X |
ETJ |
Outside ETJ | ||
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Annexation |
Not Required X |
With Site Plan |
With rezoning | ||
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Valid Protest |
To be determined by time of Public Hearing | ||||
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P&Z Recommendation |
To be provided after the Planning and Zoning Board Meeting | ||||
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Existing Use |
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Proposed Use |
General Commercial and Industrial uses allowed per the LDO | ||||
The applicant has submitted the following proposed zoning conditions: The applicant is not proposing any conditions outside the PDD document.
Consistency with the Comprehensive Plan
A. Land Use Plan:
This request does not conform to the adopted Land Use Plan. The current Land Use Plan designation is Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM). The requested Land Use Plan designation is Office/Industrial (OFC/IND) and Commercial (COM). A Comprehensive Plan Amendment case, 07-CPA-02, is also scheduled for Town Council Public Hearing April 12, 2007. If Town Council approves the proposed Comprehensive Plan amendment (07-CPA-02), the requested rezoning will be consistent with the adopted Comprehensive Plan.
B. Transportation
Existing Section: 150’ ROW on Chapel Hill Rd. currently 4 lanes/70’ ROW on Trinity currently 2 lanes
Future Section: 6-lane median divided on Chapel Hill Rd. and Trinity Rd.
Road Improvements: N/A
Sidewalks Requirements: Sidewalk required on both sides of both roads
Bicycle Requirements: 14’ wide outside lanes required on both roads
Transit Requirements: None
Traffic Analysis: A Traffic Impact Analysis is not required since trip generation shall remain similar.
C. Parks & Greenways:
According to the approved Parks, Recreation and Cultural Resources Facilities there are no issues related to this site. According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.
D. Environmental:
According to the Town of Cary GIS maps, there is no impact to these parcels from stream buffers. Should a field determination identify a stream buffer, the project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.
E. Buffers:
During the rezoning process, the applicant is only applying for general zoning districts, not specific uses within those districts. With regard to buffers, the LDO determines buffer size and type by specific uses, not general districts. Therefore, specific buffer types and widths will be determined at time of site plan submittal. No reductions/modifications are being requested to the required buffers with this application.
F. Streetscape:
According to Chapter 7.2.4 (LDO), the applicant will be required to provide a minimum 30’ Type “C” buffer along thoroughfares and major collectors designated on the Cary Comprehensive Transportation Plan. Chapel Hill and Trinity Roads are classified on the Comprehensive Transportation Plan as thoroughfares.
Consistency with the Land Development Ordinance
The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done. Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.
Existing and Requested Zoning District Comparison:
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District Regulations |
Existing Zoning (I & PDD) |
Requested Zoning (PDD Amendment) |
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Maximum Gross Density (du/ac) |
N/A |
N/A |
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Minimum Lot Size |
No minimum lot size requirements for most non-residential districts |
No minimum lot size requirements for most non-residential districts |
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Minimum Width at Building Line |
N/A |
N/A |
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Side Yard Setback |
No minimum side setbacks in most non-residential districts |
No minimum side setbacks in most non-residential districts |
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Roadway Setback |
30’ |
30’ |
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Rear Yard Setback |
No minimum rear setbacks in most non-residential districts |
No minimum rear setbacks in most non-residential districts |
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35’ if structure is within 100’ of a residential zoning district boundary; 50’ if structure is more than 100’ from a residential zoning district |
35’ if structure is within 100’ of a residential zoning district boundary; 50’ if structure is more than 100’ from a residential zoning district |
Town Council Criteria for Consideration in Reviewing Rezonings and PDD’s:
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezonings:
1. The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;
2. The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);
3. The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;
4. The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;
5. The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract;
6. The proposed zoning classification is suitable for the subject property;
7. The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and
8. The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).
Other Reference Information
Applicant’s Justification Statement Submitted February 22, 2007
The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary. Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition)
1. Any issues with the size of the tract? No. Additional tract added to the original PUD is 0.64 acres.
2. How is the request compatible with the Comprehensive Plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? This request is compatible with the Comprehensive Plan in that we propose to move an existing industrial use from the southeast corner of the Trinity Road and Chapel Hill Road to a location farther south in the PUD adjacent to other industrial uses along Trinity Road. The applicant proposes a commercial use at the southeast corner of Trinity Road and Chapel Hill Road to complement the existing adjacent hotel and convenience store fronting Chapel Hill Road in the existing PUD.
3. What are the benefits and detriments to the owner, neighbors and the community? The benefit to the owner, the neighbors and the community is that the corner property in the existing PUD can be re-developed for a commercial use that will provide services for the future office (O&I) uses located across Chapel Hill Road from the current PUD as well as the existing OFC/IND uses across Trinity Road from the current PUD. The current industrial use on the 0.64 acre tract to be added to the PUD will be moved away from the intersection and placed adjacent to neighboring industrial uses along Trinity Road. There are no known detriments to the owner, neighbors and the community with this request.
4. How are all of the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? The proposed commercial use at the southeast corner of Trinity Road and Chapel Hill Road will be more compatible with adjacent commercial uses along Chapel Hill Road. The proposed relocation of the industrial use to the south side of the existing PUD will be more compatible with industrial uses on adjacent properties along Trinity Road.
5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? Applicants must list these items and/or clearly highlight them with the Planned Development document. (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document. No reductions/amendments and/or modifications to the development standards of the LDO are being requested as part of this PDD Amendment.
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.1 ACRES LOCATED ALONG THE SOUTHEAST CORNER OF CHAPEL HILL AND TRINITY ROADS OWNED BY QUALITY OIL COMPANY LLC AND N&B LLC FROM INDUSTRIAL (I) AND PLANNED DEVELOPMENT DISTRICT (PDD) TO PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENT.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:
Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:
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Parcel and Owner Information | |||
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Property Owners |
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Real Estate ID’s |
Acres |
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Quality Oil Company LLC |
0774430810 portion |
0224358 |
2.46 ± |
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N&B LLC |
0774349046 |
0001280 |
0.64 ± |
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Total |
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3.1 ± |
Section 2: That the Property is rezoned from Industrial and PDD to PDD Amendment subject to the conditions set forth herein and in the Master Plan dated September 12, 1996 (and all supporting plans), and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.
Section 3/4: This ordinance shall be effective upon adoption but the PDD Amendment shall not become effective until a copy of the Master Plan Amendment and all supporting plans and/or documents dated September 27, 2007 have been approved by the Planning Department as consistent with this Council action.
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To be signed by the Mayor Upon Council Approval |
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Mayor McAllister |
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Date |