Town of Cary , North Carolina

Rezoning Staff Report to Town Council

07-REZ-19 Old Apex Rezoning 

 

Request

 

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 2.87 acres located at 1517 and 1521 Old Apex Road from Office, Research and Development Conditional Use (ORD CU) to Industrial Conditional Use (I CU).

 

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

 

Background Information

 

 

Public Notification:     
On September 25, 2007, notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was present in the Cary News on September 26 and October 3, 2007.

 

Feedback at the Town Council Public Hearing:         
The applicant stated the ORD district does not allow personal service uses, but the Industrial district allows these types of uses. The only way the applicant could achieve the addition of personal service uses was to request the rezoning to Industrial use and eliminate all the heavy (more intense) uses that would be allowed in the Industrial district. The applicant stated they want to maintain all the use rights that they currently have in the ORD district and only add personal service uses. No citizens spoke at the public hearing.

Council members were informed of the uses that would be permitted in the Industrial zoning district, excluding the uses the applicant proposed to prohibit. A Council member expressed concerns with antenna towers being a permissible use in the Industrial zoning district.

Changes since the Town Council Public Hearing:  The applicant proposed the additional conditions. The applicant has proposed that Veterinary hospital/office, with outdoor kennel; Towing & Vehicle Storage; Vehicle repair, heavy; mini-storage; and Vehicle service, light will require special uses. The applicant has also proposed to prohibit antenna co-location on existing towers and concealed (stealth) antennae and towers. The applicant has also added the condition that personal service uses shall not exceed 5,850 square feet of the total building size.

 

The applicant has submitted the following proposed zoning conditions:

 

Existing Conditions

Proposed Conditions

Prohibited Uses: Hospital Outdoor Amphitheater, Commercial Outdoor Amphitheater, Private Parking Structures Sexually Orientated Businesses

Prohibited Uses: Airport/landing strip Car wash Commercial outdoor recreational facility Farming, general General industrial service Heavy equipment sales/rental Heliport Manufacturing, heavy Motor vehicle raceway Outdoor amphitheater, commercial Outdoor amphitheater, public Outdoor storage Railroad stations and yards Recycling and salvage yards Resource extraction Trade school Vehicle filling station Antenna co-location on existing towers Concealed (stealth) antennae and towers   Uses Requiring Special Uses: Veterinary hospital/office, with outdoor kennel Towing & Vehicle Storage Vehicle repair, heavy Mini-storage Vehicle service, light   Personal Service uses shall not exceed 5,850 square feet.

 

summary

During the rezoning application review process, Staff suggested that the applicant wait to proceed with this rezoning request until Council takes action on the next round of LDO amendments. Staff’s intention is to include a proposed amendment to the Table of Permitted Uses and the use specific standards as it relates to personal service uses. Staff’s rationale for inquiring if the applicant would wait is so that a comprehensive approach could be evaluated and similar types of requests would not have to be reviewed on a case by case basis. The applicant opted not to wait and to proceed with the subject request citing contractual obligations.

 

Since the applicant is proceeding, the applicant has proposed to either prohibit uses not permitted within the ORD zoning district or require special use approval by Council for uses that required a special use in the ORD zoning district, but are permitted by right in the Industrial zoning district.

 

During the public hearing and conversations with Planning Staff, the applicant indicated that the only reason they were pursuing an ICU zoning designation was for personal services to be permissible uses. Therefore, Staff suggested that the applicant add the condition that a special use permit was required for the veterinary hospital/office, with outdoor kennel, towing & vehicle storage, vehicle repair, heavy, mini-storage, and vehicle service, light. The applicant proposed this requirement as a condition in response. In addition, due to the concern raised at Council regarding cell towers, the applicant proposed a condition to prohibit antenna co-location on existing towers and concealed (stealth) antennae and towers.

 

Also, Staff raised concerns during the review about the potential parking impact personal services might have on the existing parking. The site plan for the subject property was approved for 19,000 square feet of office use parked at a ratio of 1 space per 300 square feet, and for 5,000 square feet of warehousing which is parked at a ratio of 1 space per 500 square feet. The site plan was approved to provide 75 parking spaces. In response to Staff’s concern, the applicant proposed a condition that personal service uses shall not exceed 5,850 square feet. Since the request proposed a change in uses from the previously approved site plan, a revised site plan will be required to be submitted so Staff can review and ensure that the site plan with the change in uses (proposed by the rezoning) meet the LDO requirements, including parking.

 

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest.

 

Planning and Zoning Board Recommendation

 

As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows:  The Planning and Zoning Board met on December 17, 2007 and voted 6-0 to forward this case to the Town Council with a recommendation of approval because the proposed amendment is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report.

 

Changes since the Planning and Zoning Board Meeting:  None

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  This rezoning request conforms to the adopted Land Use Plan which calls for Industrial or Office zoning for these parcels.

 

B.  Growth Management Plan: 
The Growth Management Plan includes the following three Guiding Principles which are relevant to this case: 

1.       R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

2.       L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

3.       A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.

 

C.  Comprehensive Transportation Plan: 
Existing Section:  Approx. 70’ Right-of-Way, 2-lane road

Future Section:  91’ Right-of-way, 4-lane road with paved median

Road Improvements:  None scheduled

Sidewalks Requirements: Sidewalk required on both sides

Bicycle Requirements: 14’ Wide outside lanes

Transit Requirements:  None

Traffic Analysis:  Current zoning - ORD for 24,000 square feet (sf) building using Land Use code 710 - the site would generate 35.76 trips in the pm peak hour. Original proposed zoning - Industrial for 24,000 sf building using Land Use code 110 - the site would generate 23.53 trips in the pm peak hour. Revised proposed zoning - Industrial for 12,000 sf of building and Personal Service for 12,000 sf of building using Land Use code 110 for 12,000 sf and 814 for 12,000 sf, the site would generate 44.28 trips in the pm peak hour.

 

Therefore, based on the analysis, the revised proposed zoning would not require a TIA because it does not generate an additional 20 peak hour trips over the current zoning.

 

D.  Open Space and Historic Resources Plan: 
Based on the Open Space and Historic Resources Plan (OSHRP) this site was not designated as priority open space.

 

E.  Parks & Greenways Master Plan:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site. 

 

Consistency with the Land Development Ordinance

 

F.  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.

 

G.  Buffers: 
On the site plan approved on November 20, 2006 for the subject request, a 10’ Type “C” buffer was required along the western property line, a 20’ Type “B” buffer was provided along the southern property line of this subject request, except where the sewer easement is located, and a 20’ Type “B” buffer was provided along the eastern property line of the subject request.

 

H.  Streetscape: 
According to Chapter 7 (LDO), the applicant will be required to provide a minimum 30’ streetscape along thoroughfares and major collectors designated on the Cary Comprehensive Transportation Plan. Old Apex Road is classified on the Comprehensive Transportation Plan as a thoroughfare.

 

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to Staff for review.  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:

District Regulations	Existing Zoning (ORD CU)	Requested Zoning (I CU)
Maximum Gross Density (du/ac)	N/A	N/A
Minimum Lot Size	No minimum lot size requirements for most non-residential districts	No minimum lot size requirements for most non-residential districts
Minimum Width at Building Line	N/A	N/A
Side Yard Setback	No minimum side setbacks in most non-residential districts	No minimum side setbacks in most non-residential districts
Roadway Setback	30’	30’
Rear Yard Setback	No minimum rear setbacks in most non-residential districts	No minimum rear setbacks in most non-residential districts
Maximum Building Height	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:

 

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Town 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;

 

Applicant’s Justification Statement Submitted (August 30, 2007)

 

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) 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? None.

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The Town of Cary Land Use Plan calls for office/industrial on the site, and the rezoning would not conflict with the Transportation Plan, Open Space, or Historical Resources.

3.  What are the benefits and detriments to the owner, neighbors and the community? The request will add personal service use to the building, which will provide viable services to local residents, i.e. drop-off drycleaners, tailors, hair stylist, dance and martial arts studios.

4.  How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? Personal service is the only type of use that will be added to the site, while seventeen uses will no longer be available (e.g. day care center, farm market, nursing home etc.). The southern adjacent property is zoned General Commercial which allows personal service, and the northern adjacent property is zoned Office and Institutional. In conclusion, we feel the additional use will be complimentary to the surrounding properties.

 

5.  PDD/new or amended:  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 within the Planned Development document.

Ordinance for Consideration

07-REZ-19 Old Apex Rezoning

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 2.87 ACRES LOCATED AT 1517 AND 1521 OLD APEX ROAD  OWNED BY CRESTVIEW ASSOC. OF NC, LLC FROM  OFFICE, RESEARCH AND DEVELOPMENT CONDITIONAL USE (ORD CU) TO  INDUSTRIAL CONDITIONAL USE (I CU).

 

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:

 

 

Section 2:  That this Property is rezoned from Office, Research and Development Conditional Use (ORD CU) to Industrial Conditional Use (I CU) subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

 

Section 3:  The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:  Airport/landing strips, car washes, commercial outdoor recreational facilities, farming, general, general industrial services, heavy equipment sales/rentals, heliports, manufacturing, heavy, motor vehicle raceways, outdoor amphitheaters, commercial, outdoor amphitheaters, public, outdoor storage, railroad stations and yards, recycling and salvage operations, resource extractions, trade schools, vehicle filling stations, antenna co-location on existing towers, and

Concealed (stealth) antennae and towers shall be prohibited uses; veterinary hospital/office, with outdoor kennel; towing & vehicle storage; vehicle repair, heavy; mini-storage; and vehicle service, light will require special uses; and personal service uses shall not exceed 5,850 square feet. These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

 

Section 4:  This ordinance shall be effective on the date of adoption.

 

Adopted and effective:  January 10, 2008

 

Harold Weinbrecht, Jr. Mayor		Date