Town of Cary , North Carolina

Rezoning Staff Report for the Town Council

Case # 08-REZ-14  Tryon Greens

 

Request

 

The applicant is requesting that Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 7.85 acres, located at 6750 Tryon Road, from Office and Institutional Conditional Use (OI-CU) to Office and Institutional Conditional Use (OI-CU) with revised zoning conditions.

 

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 commentary is available for this request by clicking here. Results from Public Commentary available by clicking link at the bottom of this datasheet.

 

PROJECT SUMMARY AND HISTORY

Current Use	The 7.85-acre property, located at the northwest corner of Tryon Road and Frostwood Lane, consists of two parcels in common ownership.
	·   Parcel “A” contains a 17,500 square-foot single-story office building currently occupied by Mulkey Engineers and Consultants.  The existing building was originally a church, built by Colonial Baptist Church in 1993. When the building was initially constructed, the property was in the R-40 zoning district (which allowed church use).
	·   Parcel “B” previously contained the parking lot for the church.  The parking lot and associated lighting was removed by the current owner and the parcel is now vacant.
Rezoning History	In 1998, the property was rezoned from R-40 to OI-CU (Case # 98-REZ-32).  It was then purchased by the current owner and the use of the building was converted from religious institution to office. The approved rezoning included a number of conditions, including several pertaining to use, building size and appearance, setbacks and buffers.
	In 2003, zoning conditions were modified (Case # 03-REZ-08) to:
	·      reduce the building setback along Frostwood Lane from 120 feet to 90 feet;
	·      prohibit parking on the east side of any building to be constructed on Parcel “B”; and
	·      increase the maximum combined building square footage allowed for the two parcels from 35,000 sf to 55,000 sf.
Summary of Proposed Changes	The purpose of this rezoning request is to modify the existing zoning conditions.  Some of the modifications would eliminate obsolete conditions or conditions that repeat requirements found in the LDO.  Others could have an effect on the future development of the site, as indicated below.
	Conditions proposed to be deleted (reason for request in italics):
	·         Delete conditions requiring removal of gravel parking lot, parking lot lighting and on-site trailers used by church when property was purchased from church in 1998.  (Conditions satisfied).
	·         Delete conditions pertaining to prior TIA and road improvements. (Conditions satisfied).
	·         Delete condition addressing screening of dumpster. (Required by LDO).
	·         Remove the portions of Condition 2 requiring 40-foot Type A buffer adjacent to the rear of lots on Larkwood Lane. (Required by LDO).
	·         Delete the statement that existing vegetation will remain in the buffers.  (Required by LDO).
	Proposed revisions that could affect future site development:
	·         Delete the condition requiring any new buildings to be residential in character and architecturally compatible with the existing building
	·        Increase the maximum building height from one story to three stories including a specific maximum of 50 feet for any building that has a flat roof
	·         Increase the maximum building floor area from 55,000 sf to 80,000 sf.
	·         Delete the condition prohibiting connection to Frostwood Drive.

 

 

Notification

On November 5, 2008 notification of a public hearing on the request was mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was published in the Cary News on November 5 and 12, 2008.  Notification of a second public hearing, held at the Planning and Zoning Board Meeting, was published in the Cay News on January 14 and 21, 2009.

 

Feedback at the Town Council Public Hearing

 

Staff presented the request and noted there were no valid protest petitions. The applicant was present and provided a summary of the project.  One citizen spoke in opposition to the request, citing concerns with lighting, parking, traffic, building height, buffers, access to Frostwood Drive (opposed) and low demand for office space.    

 

Discussion by the Town Council included concern with building height and design and removal of the requirement that buildings be residential in character.  Council asked for additional information on the width of buffers adjacent to residential use in other areas, and for the location of the nearest three-story building.  (The nearest three-story building is WakeMed Hospital at the northwest corner of Kildaire Farm Road and Tryon Road, a distance of about ½ mile).

 

Similar concerns relating to building height, residential character and buffers were expressed during the rezoning process for other developments in the vicinity.   A summary of how these concerns were addressed elsewhere is provided below:

 

Parkway Professional Center (south side of SE Cary Parkway, north side of Summerwinds III) - In 1986, the 11.7-acre property was rezoned to OI-CU with the following zoning conditions pertaining to neighborhood concerns:

·         Similar architectural styles for all buildings

·         30-foot height limit and residential style for buildings in OI-CU district within 200 feet of Summerwinds III

·         No direct access to Frostwood Drive

·         Buildings in OI-CU district that are more than 200 feet from Summerwinds must have aggregate side yards, and aggregate front and rear  yards of at least twice the building height.

 

The site plan for the Parkway Professional Center office development (under construction, nearing completion) was approved in 2006 and included a one-way extension of Frostwood Drive to Cary Parkway, as required by the LDO.  However, a request from residents of Summerwinds III to remove the connection and leave Frostwood as a dead-end street was approved by Town Council on January 11, 2007. 

 

South Side of Tryon Road at Cary Parkway - In 1989, about 40 acres at the southeast and southwest quadrants of Tryon Road and Cary Parkway were rezoned from R-30 to OI-CU.  Zoning conditions included:

·   Compliance with any watershed protection regulations in effect at the time of site plan approval; and

·   Building height limit of five stories

 

1n 1994, most of the area at the southeast quadrant was rezoned again, from OI-CU to Residential-8

(18 acres, developed with 54 single-family lots as part of Lochmere Village) and GC-CU (12.5 acres at the corner of the intersection.)  Conditions of approval for both the residential property and the commercial property included a 30-foot Type A buffer along the common boundary, for a total buffer width of 60 feet. 

 

 

Changes Prior To The Planning And Zoning Board Public Hearing

 

The existing zoning condition prohibiting connection to Frostwood Drive has been removed by the applicant at the request of Planning staff, because it is less restrictive than Section 7.10 (Connectivity) of the Land Development Ordinance.  Zoning conditions must be more restrictive than Ordinance requirements.  The issue of the connection to Frostwood Drive will instead be addressed at the time of site plan approval. If the site plan includes a proposed connection, the applicant and/or other citizens could petition the Town Council during or after the site plan approval process to eliminate the connection, as was done successfully following site plan approval for Parkway Professional Center. 

Feedback at Planning and Zoning Board Public Hearing

 

Staff reviewed the background information and presented the facts associated with the rezoning request.  The applicant was present and provided a summary of the project.  There were no citizen comments.

 

There was considerable discussion by the Planning and Zoning Board related to building height and setbacks, perimeter buffers, the size and style of the building, and the potential for a connection to Frostwood Drive.   

 

Planning and Zoning Board Recommendation

 

The Planning and Zoning Board recommended approval of the request by a vote of 6-3.  Board members voting against the request expressed the following concerns:

• Greater protection of the adjoining neighborhood could be provided with a buffer that will remain opaque as the existing pine trees grow taller.
• Increasing the building height and square footage would not be a benefit to the general public.
• Maintaining the residential character of the area is important and some of the zoning conditions may not achieve the intended goals of the Comprehensive Plan.

 

Changes Since the Planning and Zoning Board Public Hearing

 

In response to concerns and questions raised at the Planning and Zoning Board public hearing, the applicant has revised the proposed zoning conditions to limit the height of any building with a flat roof to 50 feet, regardless of the building setback.  (The Land Development Ordinance allows the 50-foot height limit in the OI district to be increased by one foot for every foot of additional building setback above the minimum required).

 

The applicant has submitted the following proposed changes to the existing zoning conditions:

 

(The specific changes to the existing zoning conditions are shown below.  Text showing strikethrough is being deleted, and text showing bold underline is being added.)

 

1.         Any new buildings would be architecturally compatible with the existing church building and be residential in character.

·         Buildings would be primarily brick, similar in appearance and quality to the existing church building and the residential structures on surrounding lots.

·         All roofs would be pitched (residential in character). Asphalt shingle roof material will closely match the existing building.

 

2. 1       Relative to Parcel B, a 40-foot Type A buffers will be applied to Frostwood Drive and to the rear of lots fronting on Larkwood Lane. Evergreen trees installed in Type A buffer (10 feet on center or recommended spacing for species) shall grow to a  maturity of at least 20 feet in height and be of at least 8 feet in height at time of planting.  Existing vegetation would remain in the buffers. Building setbacks of at least 90 feet will be applied to the east boundary of Parcel B (Frostwood Lane side) and a building setback of at least 120 feet to the north boundary of Parcel B (rear of lots fronting on Larkwood Lane side.     No parking will be allowed on the east side of the new building.

 

3.         The existing gravel parking lot (on Lot B) will be grassed upon church's vacating the property.  Topsoil will be spread over the entire lot and a grass lawn established.

 

4. 2.      Light pole height will be limited to 20 feet.  Also, shoebox type light fixtures will be used to add attractiveness to the site and limit spillover lighting.  Lot B lighting will be removed upon church vacating property.

 

5. 3.      Building height will not exceed 36 feet from finished grade to mean height between eaves and peak.   Building height will not exceed 36 feet be limited to two three stories for any building, with a 50-foot maximum height for any building with a flat roof.

 

6. 4       Access to Parcel B from Tryon Road will be limited to one driveway.  (This condition was included in the original application.)  No vehicular access off Frostwood Drive.

 

7. 5.      The total number of buildings on the entire site (parcels A & B) shall be limited to two buildings including the existing building) with a maximum building square footage for the entire site (parcels A & B) shall be limited to 80,000 55,000 square feet. This 80,000 55,000 square foot limitation applies to the existing building (June 1999) as well as any additional building.Any expansion of the existing structure or new structures constructed will be limited to a single story structure.

 

8. 6       The following uses will be removed as permitted uses under the conditional rezoning:

·    Child day care centers

·    Parking lots, as the principal use of the property

·    Funeral homes

·    Public utility facilities

·    Utility substations

·    Communications, radio, TV microwave or other telecommunications towers.

·    Outdoor amphitheater, government

·    Package delivery/messenger services

·    Kennels indoor/outdoor (outdoor walking, exercising, training, etc.)

·    Hospitals

·    Nightclubs and bars

·    Farm market

·    Banks 

·    Restaurants

 

9.         The property owner or the assignee shall complete the required thoroughfare plan improvements to Tryon Rd prior to January 1, 2000 for the entire property frontage on Tryon Road (parcels A & B)

 

10           A traffic impact analysis report as per the Interim Planned Development Ordinance provisions will be required with the initial site plan application for the subject property.

 

11         Dumpster and pads will be screened with material matching the building exterior.

 

12         7. No temporary or permanent mobile trailers will be allowed (construction trailers not included).

 

13.        Existing on-site trailers will be removed upon church vacating property.

THE FINAL PROPOSED CONDITIONS READ AS FOLLOWS: 

 

1.      Relative to Parcel B, a 40-foot Type A buffer will be applied to Frostwood Drive.  Evergreen trees installed in Type A buffer (10 feet on center or recommended spacing for species) shall grow to a  maturity of at least 20 feet in height and be of at least eight feet in height at time of planting.  Building setbacks of at least 90 feet will be applied to the east boundary of Parcel B (Frostwood Lane side) and a building setback of at least 120 feet to the north boundary of Parcel B (rear of lots fronting on Larkwood Lane side. No parking will be allowed on the east side of the new building.

2.      Light pole height will be limited to 20 feet.  Also, shoebox type light fixtures will be used to add attractiveness to the site and limit spillover lighting.

3.      Building height will be limited to three stories.

4.      Access to Parcel B from Tryon Road will be limited to one driveway. 

5.      The maximum building square footage for the entire site (parcels A & B) shall be 80,000 square feet. This 80,000 square foot limitation applies to the existing building (June 1999) as well as any additional building.

6.      The following uses will be removed as permitted uses under the conditional rezoning:

·         Child day care centers

·         Parking lots, as the principal use of the property

·         Funeral homes

·         Public utility facilities

·         Utility substations

·         Communications, radio, TV microwave or other telecommunications towers.

·         Outdoor amphitheater, government

·         Package delivery/messenger services

·         Kennels indoor/outdoor (outdoor walking, exercising, training, etc.)

·         Hospitals

·         Nightclubs and bars

·         Farm market

·         Banks

·         Restaurants

7.       No temporary or permanent mobile trailers will be allowed (construction trailers not included).

           

STAFF OBSERVATION

 

As described below in the Consistency with the Comprehensive Plan and Consistency with the Land Development Ordinance sections, staff has reviewed the application and information provided prior to this meeting, and      the analysis by staff is that the application is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance, and is reasonable and in the public interest.

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  The Town-wide Land Use Plan recommends these parcels for Office/Institutional (OFC/INS) uses. This rezoning request only involves changes to previously approved zoning conditions; therefore, the land use will remain office/institutional. This request is in conformance with the Land Use Plan. 

 

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

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

Staff Analysis:  Infrastructure and services are already available at this site.

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

Staff Analysis:  This site is currently an employment center.

 

C.  Affordable Housing Plan:  This site is zoned for office and institutional use and as such the Affordable Housing Plan is not applicable. 

 

D.  Comprehensive Transportation Plan:  
Existing Section:                  4 lane major thoroughfare with landscaped median, 100’ R/W

Future Section:                    4 lane major thoroughfare with landscaped median, 100’ R/W

Road Improvements:            The Kildaire Farm Road widening project is underway.

Sidewalk Requirements:       Sidewalks are required on both sides

Bicycle Requirements:          14’ wide outside lanes

Transit Requirements:          Concrete pad and bench for transit stop to be provided in accordance with Chapter 7 of the LDO to serve passengers utilizing the Triangle Transit Route 305 that serves Apex and Cary residents traveling along this route.

 

E.      Parks & Greenways Master Plan:  Greenway Map
According to the Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site.  According to the Open Space and Historic Resources Plan (OSHRP) there were, at one time, hardwood and mixed conifer forests on the western half of the site.  However, the western half of the site has already developed and no significant natural resources were identified on the eastern half.  No significant historic resources exist on the site. 

  

Consistency with the Land Development Ordinance

 

F.   Environmental:  
According to the Town of Cary GIS maps, there are no streams, floodplains, or other sensitive environmental features on the site 

 

G.   Buffers: 
According to Table 7.2-1 of the Land Development Ordinance, the applicant will be required to provide a 40-foot Type “A” Buffer along the north property line adjacent to the existing residential development. 

 

H.   Streetscape: 
According to LDO Section 7.2.4(C)(5),  a 30’ streetscape, or a 15’ streetscape planted to meet Type “A” (opaque) buffer standards, is required along Frostwood Drive.  The applicant is proposing to maintain the existing zoning condition requiring a 40’ Type “A” buffer. 

 

I.    Traffic Analysis: 

A traffic study (08-TAR-303) was performed by SEPI Engineering Group.  The traffic study analyzed two office buildings constructed over two phases.

·         Phase One includes the construction of a single 40,000 sf office building adjacent to the existing 17,500 sf office building and is scheduled to be completed by 2010.  Using land use code 720 for Medical/Dental Office, Phase One is projected to generate 1420 trips on a typical weekday with 145 occurring in the AM peak hour and 178 occurring in the PM peak hour. 

·         Phase Two includes the removal of the existing 17,500 sf office building and the construction of a second 40,000 sf office building.  It is scheduled to be completed by 2013.  Using land use code 720 for Medical/Dental Office, Phase Two is projected to generate a net 1070 trips on a typical weekday with 98 occurring in the AM peak hour and 79 occurring in the PM peak hour. 

 

The following mitigations are required to meet the Adequate Public Facilities for Roads Ordinance for construction of Phase One and are in addition to Comprehensive Transportation Plan requirements:

 

Phase One Improvements;

1.       Tryon Road and site access #1/Summerwinds Drive

a.   Construct a 100 ft minimum right-turn lane with appropriate taper on Tryon Road into the driveway.

b.   This intersection requires improvements to meet the APF requirements.  A signal would reduce delay, however, currently the intersection does not meet signal warrants.  With the recent roadway improvements in the area, the warrants may be met in the future.  A financial guarantee of two times the cost of a future signal can be made in order to meet the APF requirements.  As an option, the intersection can be modified to prohibit the north and southbound through and left-turning movements through the construction of a paired left-over design in the median and restriction of right-in/right-out only on site access #1 and Summerwinds Drive.  The adjacent signalized intersections of Cary Parkway and Keisler/New Waverly will need to be evaluated and u-turn bulb-outs will need to be constructed if necessary.

2.       Tryon Road and site access #2

a.   Construct the planned site access #2 to be a right-in/right-out access only.

b.   Construct a 100 ft minimum right-turn lane with appropriate taper on Tryon Road into the driveway.

3.       Tryon Road

Construction an additional westbound through lane.  The lane should stretch from Keisler Drive/New Waverly Place westward to Regency Parkway and drop as the right-most left-turn lane at Regency Parkway.  Modify the signals as necessary.

 

Phase Two Improvements: 

Phase Two would not require any additional mitigations to meet the APF requirements.

 

The report is currently in draft form and therefore the Town of Cary reserves the right to amend these mitigations after continued review of the traffic study.

 

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

 

Comparison OF Existing and REQUESTED Zoning DistrictS:

 

District Regulations*		Base OI District	Existing OICU District	Requested OICU District
Minimum Lot Size		None  Specified	None Specified	None Specified
Maximum Building Size		None Specified	55,000 sf	80,000 sf
Streetscape	Tryon Road	30’	30’	30’
	Frostwood Drive	30’  streetscape or	40’ Type A buffer	40’ Type A buffer
		15’ Type A buffer
Perimeter Buffer	Applies to north and west property boundary	40’ Type A	40’ Type A	40’ Type A
Side Yard Buffer	Applies to boundary between Parcels A & B	20’ Type C	20’ Type C	20’ Type C
Setback from Street	Tryon Road	30’	30’	30’
	Frostwood Drive	30’	90’	90’
Building Setback from north property boundary		40’ (per buffer)	120’	120’
Building Setback from west property boundary		40’ (per buffer)	40’	40’
Building Height**		35/50 ***	1 story/ 36’ max.	3 stories for any building and 50' max. for any building with a flat roof

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* In the OI district, residential uses may be permitted in non-residential buildings, provided:

(1)  A site plan is approved

(2)  At least 50% of the building footprint is reserved for office use

(3) Up to 50% of the building footprint may be utilized for residential uses

(4)  No more than 20% of the building footprint may be utilized for retail or personal services uses;

(5) The development shall include sufficient open space and recreational facilities to meet the needs of its residents; and

(6) All residential and non-residential uses must be integrated into the same structure and stand-alone residential structures are prohibited.

 

**  Height may be increased one foot for every foot provided in addition to the minimum setbacks.

 

*** If a structure is within 100 feet of a residential zoning district boundary the maximum height is 35 feet.  If the structure is more than 100 feet from a residential zoning district boundary the maximum height is 50 feet.  The maximum height limits may be increased by one foot for every foot provided in addition to the minimum setbacks.

 

 

Criteria for Consideration in Reviewing Rezonings:

 

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

 

 

Other Reference Information

 

Schools

The school information is being provided for review; however, the Wake County Board of Education controls capital projects for school capacities.

 

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

 

* *The Projected Range of Additional Students is only a rough approximation assuming that a portion of the office building is used for residential purposes as allowed in the OI district.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. The assumptions used in calculating the maximum number of additional students are: 1) residential use of 50% of a 3-story building footprint (13,333 sf); 2) an average unit size of 1200 sf; and 3) and all units (11) containing 2 bedrooms. The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment.  At rezoning, student yield can not be accurately determined due to unknown variables.

 

Applicant’s Justification Statement: 

 

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 do 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?

The property is located along Tryon Road and is generally a rectangle in shape, with the long axis parallel to the roadway. There are no stream buffers or other constraining natural features on the property, and the shape and size of the property are conducive to economical and environmentally sensitive design and development. The overall size and layout of the property would allow for a greater density development than is being proposed in this rezoning request.

 

2.   How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?

The adopted comprehensive plan calls for this property to be used for office and industrial uses. The proposed land use is for office/medical office and industrial use with conditions to be placed or retained on the parcel to enhance the development and to meet the desires of the adjoining neighbors.

 

3.   What are the benefits and detriments to the owner, neighbors and the community?

First of all, this proposed development allows for the master plan development of the site combining both Parcel A and Parcel B; thus, the development potential for the site will no longer have to be in question. Based on Cary history, it is more likely that residential land prices of surrounding properties will be negatively impacted by vacant property; i.e., typically following full development, surrounding property values increase. Secondly, Cary desires to maintain a balance between retail and office development. Currently, Cary would benefit by additional office development, especially for office developments offering 50,000 sf and more. The proposed development fits in well with other proposed and existing developments along the Tryon Road corridor. Finally, the adjacent neighborhoods (Summerwinds and Thornwood) have been included as an integral part of the development plan, and have indicated support for the project at the time of this writing. In the past, some adjoining neighbors have expressed concern over trespassers who access the vacant Parcel B lot late at night. It is our belief that development of this parcel, with appropriate lighting and security cameras, will alleviate this concern.

 

4.   How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?

The current use of the development is Office, which is located on Parcel A of the proposed development. The proposed development of Parcel B, and proposed future redevelopment of Parcel A maintain the Office development plan. Providing additional Office development along Tryon Rd., not to mention Cary as a whole, will provide additional office space to balance current retail square footage in the area and throughout the Town Limits.

 

 

On-Line Public Feedback

In keeping with Town Council policy regarding citizen involvement in the planning & development process, we have created a new opportunity for interested citizens to provide comments on this case. In addition to speaking at community meetings and public hearings, you can also use the associated "Public Comment" page to share your opinions and concerns. Your feedback will be made available to other residents, the Town Council, the Planning & Zoning Board, and the applicant as this item is evaluated and considered over the next few months.

While this capability is still in the "test stage," we hope you find this new feature useful!

 

Click here to view comments received so far. 

 

 

Ordinance for Consideration

08-REZ-14 Tryon Greens

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 7.85 ACRES LOCATED AT 6750 TRYON ROAD OWNED BY HARVEST DAVALLAND, LLC BY REZONING FROM OFFICE AND INSTITUTIONAL CONDITIONAL USE (OICU) TO OFFICE AND INSTITUTIONAL CONDITIONAL USE (OICU).

 

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 and Institutional Conditional Use to Office and Institutional Conditional Use 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: 

 

1.       Relative to Parcel B, a 40-foot Type A buffer will be applied to Frostwood Drive.  Evergreen trees installed in Type A buffer (10 feet on center or recommended spacing for species) shall grow to a  maturity of at least 20 feet in height and be of at least 8 feet in height at time of planting.  Building setbacks of at least 90 feet will be applied to the east boundary of Parcel B (Frostwood Lane side) and a building setback of at least 120 feet to the north boundary of Parcel B (rear of lots fronting on Larkwood Lane side. No parking will be allowed on the east side of the new building.

2.       Light pole height will be limited to 20 feet.  Also, shoebox type light fixtures will be used to add attractiveness to the site and limit spillover lighting.

3.       Building height will be limited to three stories for any building, with a 50-foot maximum height for any building with a flat roof.

4.       Access to Parcel B from Tryon Road will be limited to one driveway. 

5.       The maximum building square footage for the entire site (parcels A & B) shall be 80,000 square feet. This 80,000 square foot limitation applies to the existing building (June 1999) as well as any additional building.

6.      The following uses will be removed as permitted uses under the conditional rezoning:

·         Child day care centers

·         Parking lots, as the principal use of the property

·         Funeral homes

·         Public utility facilities

·         Utility substations

·         Communications, radio, TV microwave or other telecommunications towers.

·         Outdoor amphitheater, government

·         Package delivery/messenger services

·         Kennels indoor/outdoor (outdoor walking, exercising, training, etc.)

·         Hospitals

·         Nightclubs and bars

·         Farm market

·         Banks

·         Restaurants

7. No temporary or permanent mobile trailers will be allowed (construction trailers not included).

 

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:  February 26, 2009

Harold Weinbrecht, Jr. Mayor		Date