Town of Cary , North Carolina
Rezoning Staff Report
09-REZ-03 Cooke Futrell Property
Town Council Meeting
August 11, 2010

To amend the Town of Cary Official Zoning Map by rezoning approximately 8.16 acres located at 6737 Carpenter Fire Station Road, 4004 & 3890 NC 55 Hwy. and 1950 & 1958 Morrisville Carpenter Road from Residential 40 (R-40) and Office/Research and Development (ORD) to General Commercial Conditional Use (GC-CU). The conditions, proposed by the applicant, are listed in the background information portion of this report.

NOTE: The purpose of the rezoning is to determine whether on not the land uses and densities allowed in the proposed zoning district are appropriate for the site. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml.

Property Owner(s)	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
Glen Futrell 150 Towerview Ct. Cary, NC 27513	0735745188	0340048	2.81 ±
Glen and Joy C. Futrell 150 Towerview Ct. Cary, NC 27513	0735736844	0101297	1.19 ±
Glen and Joy Cooke Futrell 150 Towerview Ct. Cary, NC 27513	0735735770	0248335	.51 ±
Carpenter Ruritan Club c/o Mr. Warren Hill 4137 NC Highway 55 Cary, NC 27519-8316	0735737605	0168194	.45 ±
Dorothy W. Cooke 121 Franklin Hills Pt. Cary, NC 27519-8402	0735726346 portion	0014628 portion	3.2 ±
Total Area			8.16±

BACKGROUND INFORMATION

Proposed at Town Council Public Hearing	Proposed at June 21, 2010 Planning and Zoning Board Meeting	Current Proposed Conditions
1. No individual building shall be larger than 30,000 square feet.	1. No individual building will be greater than 25,000 square feet.	1. Within 200 feet north and south of the current alignment of the Morrisville Carpenter Road right-of-way, the gross building square footage will not exceed 10,000 square feet if two stories or 7,000 square feet if one-story. Outside of this area, the maximum square footage will be 19,000 gross square feet.  Building size limits will be noted on each site plan and indicated on a recorded plat prior to issuance of a Certificate of Occupancy.
2. Buildings shall be limited to two stories and a maximum height of 45 feet.	2. Buildings will be limited to two stories and a maximum height of 45 feet.	2. Within 200 feet north and south of the current alignment of Morrisville Carpenter Road right-of-way, the building height will be a maximum of 35 feet. Outside of this area, buildings will be limited to two stories with a maximum height of 45 feet.  Building height limits will be noted on each site plan and indicated on a recorded plat prior to issuance of a Certificate of Occupancy.
3. The mix of uses on the subject properties will be 80% Commercial and 20% Office	3. The mix of uses will be 67% commercial and 33% office.	3. The mix of uses will be commercial (minimum 33%, maximum 67%) and office (minimum 33%, maximum 67%). A conceptual plan showing the percentage of both proposed and existing uses on all properties within the subject rezoning will be included with each site plan submittal.   Calculations will be based on building square footage.
	4. The buffer width adjacent to the railroad in the Mixed-Use area will be a 25-foot opaque buffer. The buffer will be supplemented to meet native forest stand, including evergreen shrubs.	4. The buffer width adjacent to the railroad will be a semi-opaque buffer with an average width of 30 feet and a minimum width of 25 feet. Evergreen material found in the buffer will be native plant material.
	5. Architecture: Masonry material on buildings will consist of stone or natural colored brick. Poured concrete walls or materials with a smooth finish may not be used to meet the Community Appearance Manual requirement of 75% masonry. When metal roofs are a visible part of the façade, the roof will be in natural colors. Buildings will incorporate at least two additional architectural design elements from the following list that compliment late 19th and early 20th century vernacular commercial and rural buildings: Stepped parapet roof Modillioned or corbelled cornice work Overhanging eaves Segmental-arch windows Large, plate-glass storefronts Double hung windows Window sash design with a 9 over 6, 6 over 6 or 4 over 4 pattern Double front doors Non-tinted windows Decorative, patterned brickwork Asphalt shingles on roofs or standing seam metal roofs in natural metal colors Low-pitched gabled roof	5. Masonry material on buildings will consist of stone or unpainted brick. Poured concrete walls or materials with a smooth finish may not be used to meet the Community Appearance Manual requirement of 75% masonry. When metal roofs are a visible part of the façade, the roof will be in naturally occurring metal colors or earth tone colors from a palette of browns, tans or grays. If asphalt shingles are used they will be in earth tone colors from a palette of browns, tans or grays. One item out of each of the following two categories will be used in the building design. Roof Style Stepped parapet roof or Gabled roof with overhanging eaves or Flat roof with Modillioned or corbelled cornice work on the building façade Window Style Double-hung windows with a sash design with 9 over 6, 6 over 6 or 4 over 4 pattern or Large Plate-glass window store-fronts with non-tinted windows or Segmental Arch windows
	6. Signage: There will be no internally illuminated ground signs. Wall signs will be limited to external illumination or reverse (halo illumination).	6. There will be no internally illuminated ground signs. Wall signs will be limited to external illumination or reverse halo illumination.
		7. The following uses will not be allowed: Auto sales and rentals, vehicle repair, telecommunications facilities, warehouse and freight movement.
		8. Drive-thru windows shall not be located on the building façade facing NC 55 or Morrisville Carpenter Road.
		9. If a use has a canopy it shall be attached to the principal building and the roof and the support columns will match the principal building materials.

Town Council Public Hearing March 26, 2009	Planning & Zoning Board Public Hearing June 21, 2010	Town Council August 11, 2010
	Planning & Zoning Board Continued Public Hearing July 19, 2010

Applicant and Agent	Glenda Toppe, Jerry Turner and Associates 905 Jones Franklin Road Raleigh, NC 27606 jta@jerryturnerassoc.com (919) 851-7150
Staff Contact	Debra Grannan Senior Planner, Town of Cary Planning Department debra.grannan@townofcary.org (919 ) 460-4980

Streams: The Town of Cary GIS maps depict a 100-foot Urban Transition Buffer on the property identified as 3890 NC 55 Hwy. Field verification is required at the time of development plan review.

Floodplain and Wetlands: None shown on the Town of Cary GIS maps. Verification buffer is required at the time of development plan review.

Current Land Use: Vacant and single-family residential

Surrounding Land Uses:
North: North of the 4004 NC 55 HWY property is a communications facility (tower) on property zoned Office/Research and Development.
South: A Town of Cary water tower is located south of the 3890 NC 55 Hwy. property.
East: CSX Railroad borders the entire eastern edge of the subject properties. East of the railroad and the 3890 NC 55 HWY property is single-family residential and vacant land.
West: The property located west of NC 55 Hwy is zoned R-40.

Density and Dimensional Standards

	Existing Zoning (R-40)	Existing Zoning (ORD)	Proposed Zoning (GC-CU)
Max. Gross Density (dwelling units/acre)	1.08	N/A	N/A
Min. Lot Size (sq. ft.)	40,000	No minimum lot size required (LDO 6.12)	No minimum lot size required (LDO 6.12)
Minimum Lot Width (feet)	150 (160 corner lot)	20	20
Minimum Lot Width with Public Sewer (feet)	125 (135 for corner lot)	20	20
Front Yard Setback (feet)	Thoroughfare: 50 Collector: 30 Other Streets: 20	Non-residential buildings generally must be setback from roadways a minimum of 30 feet. If parking is located between the building and the street the setback must 50 feet. (LDO 6.3.2)	Non-residential buildings generally must be setback from roadways a minimum of 30 feet. If parking is located between the building and the street the setback must 50 feet. (LDO 6.3.2)
Side Yard Setback (feet)	20 With Well & Septic Tank	Setback not specified (Buffer regulations may apply)	Setback not specified (Buffer regulations may apply)
	15 With Public Sewer
Rear Yard Setback (feet)	30	Setback not specified (Buffer regulations may apply)	Setback not specified (Buffer regulations may apply)
Maximum Bldg. Height (feet) [1]	35	35/50*	Two stories; 35/45 Maximum [2]

[1] Per the LDO: 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 additional foot provided between the building and minimum required setbacks, unless limited by a zoning condition. (LDO 6.1.2)

[2] The applicant has proposed a condition that will limit building height to 35 feet for buildings located within 200 feet of Morrisville Carpenter Road and to 45 feet for other buildings on the subject property.

Landscape Buffer
In accordance with Chapter 7 of the Cary Land Development Ordinance (LDO), perimeter buffers shall be required between different land uses or properties with different ownership.

For example: A 20-foot Type C Buffer is required between two adjacent retail uses or between a railroad right-of-way and a retail use. The buffer requirement between an office and retail use is a 40-foot Type B Buffer. The applicant has proposed a condition to require the buffer width adjacent to the railroad will be a semi-opaque buffer with an average width of 30 feet and a minimum width of 25 feet. If additional buffers are required between uses internal to the site, the buffer width and type shall be determined at the time of site plan review and specified on the development plan.

Streetscape
In accordance with Chapter 7 of the LDO, a 30-foot streetscape is required along NC 55 Hwy., Morrisville Carpenter Road and Carpenter Fire Station Road.

Traffic
A traffic study (08-TAR-290) was conducted by HNTB for the Cooke Property that analyzed four phases of construction with a 2013 build out:

Phase One consisted of: a 14,700 SF pharmacy, a 4,000 SF fast food restaurant, a 5,750 SF bank with three DT lanes, and an 84,000 SF self-storage facility.
Phase Two consisted of: a 5,000 SF fast food, a 5,750 SF bank with 4 DT lanes and 21,900 SF of retail.
Phase Three of construction is a 5,000 SF fast food and 21,000 SF retail
Phase Four of construction was 30,000 SF of retail.

The total square footage analyzed was 113,100 SF of commercial and 84,000 SF of mini-warehouse. The current proposal doesn’t specify specific square-footage limits so therefore it can not be determined if this traffic study is consistent with the rezoning proposal at this time. Additionally, the traffic study looked at a larger area than what is being proposed in this rezoning, so the mitigations noted below may not be consistent with the current proposal.

The following is a list of mitigation required from the traffic study:
Construct a 3^rd SB through lane along NC 55 from 1200 feet north of the intersection with Carpenter Fire Station Road to Morrisville Parkway.

1. Construct a 3^rd NB through lane along NC 55 from 1200 feet south of Green Hope School Road to 2000 feet past Carpenter Fire Station Road.
2. At the intersection of NC 55 and Carpenter Fire Station Road, construct two 200-foot WB left turn lanes and a 350-foot NB left turn lane.
3. At the intersection of NC 55 Hwy and Indian Wells Road, construct a 300-foot SB left turn lane, a 150-foot right turn lane, a WB left turn lane, a WB shared left through lane and a 125-foot WB right turn lane.
4. At the intersection of NC 55 and Morrisville Parkway, construct a 500-foot left turn lane
5. At the site access driveways #1, #2, #3, #4, #5, construct 100-foot right turn lanes.
6. At site access #3, construct 200-foot-long, two-way left turn lanes.

Please note the traffic study included assumptions that several Town of Cary transportation projects and developer projects were moving forward at the time the study was completed and since that time, some of them have been delayed or postponed indefinitely.

Changes since the July 19, 2010 Planning and Zoning Board Meeting
To better facilitate implementation of the zoning conditions, staff recommended a requirement for building height and size limits to be indicated on future site plans and recorded plats. The applicant agreed and this requirement has been included in the proposed conditions.

Planning and Zoning Board Meeting (July 19, 2010)
Staff reminded the board that the public hearing had been continued from the June Planning and Zoning Board Meeting. Staff noted that new and modified zoning conditions were submitted by the applicant and were reviewed by staff.

Staff reviewed the buffer language within the Land Use Plan and the applicant’s modified condition related to treatment of the buffer along the railroad. Next, zoning conditions pertaining to building size and scale adjacent to Morrisville Carpenter Road were presented. In terms of size, within 200 feet of either side of the road, buildings will be limited to 10,000 square feet for one story and 7,000 square feet for two stories. Additionally, a building height limit of 35 feet, transitioning to 45 feet beyond 200 feet from the road, is now proposed by the applicant.

Proposed construction features of future buildings and signs were covered. A condition related to regulating the mix of uses was strengthened by the introduction of a tracking mechanism for the future. Staff reported that the applicant added zoning conditions that placed limits on certain uses, and the location of drive-thru lanes. Design requirements for canopies proposed by the applicant were also discussed.

Staff observed that the request was in conformity with the Land Use Plan.

The Planning and Zoning Board voted 8-1 to forward the request to Town Council with a recommendation for approval.

One board member felt the proposed use was still too intense and would have negative impacts on traffic. She suggested the site was better suited for office use.

Changes Since the June 21, 2010 Planning and Zoning Board Meeting
The applicant has modified the zoning conditions to provide more specific expectations regarding building design, to reduce the maximum building size and limit certain uses. A condition to require submission of a conceptual plan showing the percentage of office and general commercial use on the subject property has also been introduced.

Planning and Zoning Board Meeting (June 21, 2010)
Staff presented the request and noted that several of the conditions proposed by the applicant had been modified since the first public hearing. Staff's observation was that the conditions did not provide enough assurance that the request would comply with the Comprehensive Plan. The applicant spoke during the public hearing and stated that additional conditions had been submitted for review but not in time to be included in the staff report. The applicant asked that the case be tabled until the next meeting.

During discussion of the case, one board member commented that the proposed conditions put too much emphasis on the architectural elements and that more pertinent issues, such as use categories and the amount of commercial square footage, should be addressed. The board asked for clarification on some of the LDO requirements and asked to see the boundaries of the Rural Village District. The board suggested a corridor study be completed for NC 55 Hwy. The board voted unanimously 9-0 to continue the public hearing

Changes Since the Town Council Public Hearing
As indicated in the Applicable Comprehensive or Area Plan Requirements portion of this report, Note 9 was recently amended as per Comprehensive Plan Amendment case 09-CPA-03:

The portion of the Dorothy W. Cooke lot being considered for rezoning was reduced from 11.61 acres to 3.2 acres.

The applicant revised the proposed mix of uses on the subject property from 80% Commercial and 20% Office to propose 67% Commercial and 33% Office. In addition, the original zoning condition that proposed a maximum building size of 30,000 square feet has been reduced to 25,000 square feet. The applicant has also submitted several new zoning conditions that pertain to landscaping, building design and signage.

Town Council Public Hearing
At the March 26, 2009 Town Council Meeting, staff presented the request and noted that there was no protest petition. The applicant, Mr. Futrell, suggested to the Town Council that citizens in the vicinity of the subject property were in need of commercial services. He further expressed his desire to apply zoning conditions and development regulations that would make future development compatible with the historic Carpenter Community. He stated that he faced challenges with the property because of its location between the railroad and NC 55 Hwy. No one else spoke at the public hearing. Council emphasized the importance of ensuring that rezoning conditions associated with this case ensured development that would compliment the Carpenter Community.

Neighborhood Meeting
On Tuesday, December 16, 2008 the applicant conducted a neighborhood meeting at Good Hope Baptist Church, to which property owners within 400 feet of the subject property were invited. In the rezoning application, the applicant listed the following resident concerns: height of buildings, visual impact, road improvements and location of public sewer.

Notification
On March 10, 2008 notification of a public hearing on this request was mailed to property owners within 400 feet of the subject property.

The property was posted with a notice of the public hearing on March 11, 2009.

Notification consistent with General Statutes was published in the Cary News on March 11 and 18, 2009.

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

Comprehensive Plan Element	Consistent	Not Consistent	Not Applicable
Land Use Plan or Area Plan	P
Parks, Recreation, and Cultural Resources Facility Master Plan	P
Growth Management Plan	P
Affordable Housing Plan	P
Comprehensive Transportation Plan	P
Open Space and Historic Resources Plan	P

A. Land Use Plan or Area Plan
The governing land use element of Cary’s Comprehensive Plan for the subject parcels is the Carpenter Community Plan, originally adopted in September 2005. The Carpenter Community Plan currently recommends the following future land uses for the subject parcels:

The entire subject area is recommended for Mixed Use (MXD) development. Areas designated as Mixed Use are recommended to include at least two major land use types from among commercial, office, and medium-to-high-density residential. The plan further specifies that a single use type “should not substantially dominate an entire area designated as Mixed Use.” However, for the MXD area in question, the plan also states that residential uses are not required within the usage mix. That is, the usage mix could consist of commercial and office uses only. Additional land use recommendations are described in Note 9 on the plan map, which applies to the entire area designated as MXD between NC Highway 55 and the CSX Railroad right-of-way. Note 9 was recently amended as per Comprehensive Plan Amendment case 09-CPA-03:

“In the Mixed-Use area, vegetated buffers along the railroad are recommended to exceed LDO performance standards by having a minimum width of 25’ and including semi-opaque plantings. Along the approaches to and from the Rural Village, and where views exist to and from the Rural Village, new development within the Mixed-Use area should be compatible with the character of the adjacent Rural Village portion of the National Register Historic District, in terms of historic landscape, streetscape, and building architecture, including materials, height, and mass. Inclusion of historic materials such as wood siding, double-hung windows, tin roofs, and brick foundations, is preferred. Residential uses in area 9 are permissible but not required.”

B. Parks and Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Master Plan an east-west greenway trail is proposed to cross the subject parcels near the northern portion of the subject area, near the existing segment of Carpenter Fire Station Road. According to the Carpenter Community Plan, this greenway is proposed to cross Highway 55 via a grade-separated crossing.

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

1. Guiding Principle R1: Ensure that adequate infrastructure and services are available concurrently with new development.
Analysis: Public infrastructure is located reasonably proximate to the site.

2. Guiding Principle L1: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
Analysis: Residential growth is not envisioned for the subject site. The recommendations of the Carpenter Community Plan envision nonresidential growth at a scale that complements the site’s context. The proposed amendment does not affect these recommendations.

3. Guiding Principle L2: Ensure that future growth protects sensitive natural resources and protects open space.
Analysis: One of the parcels does contain some significant natural resources and several of the sites include notable and mature hardwoods. The degree to which future development may or may not preserve some or all of those resources cannot be determined with this Comprehensive Plan Amendment case, but may be addressed by a rezoning or site plan.

4. Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development.
Analysis: The Carpenter Community Plan identifies the type and intensity of development that is most desired by the Town in this particular area. The proposed amendment does not affect these recommendations.

D. Affordable Housing Plan
Since it is highly unlikely that residential uses would be sited within the subject area, in general the Affordable Housing Plan is not applicable to this case. In fact, the following goal from the Affordable Housing Plan discourages housing at this location:

1. Goal: Encourage the location of high-density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.

Analysis: The subject area is isolated between NC Highway 55 and the CSX Railroad line. In the future, with the planned closings of the railroad crossings of Carpenter Fire Station and Morrisville-Carpenter Roads, the site will become completely isolated, lacking both street and pedestrian connections to nearby areas. The site is not within walking distance of employment, shopping, or other daily activities.

E. Comprehensive Transportation Plan
The Comprehensive Transportation Plan includes the following recommendations for the thoroughfares adjacent to the subject parcels:

NC Highway 55 is designated as a Major Thoroughfare
Existing Section: 4-lane divided with landscaped median and paved shoulders; approximately 150 feet of ROW
Future Section: 4-lane divided with landscaped median and curb & gutter; approximately 150 feet of ROW (six lanes required north of Indian Wells
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot-wide outside lanes
Transit: None required at this time
Status of Planned Improvements: None scheduled by the Town

Carpenter Fire Station Road & Morrisville-Carpenter Road are designated as Major Thoroughfares

Existing Section: 2-lane thoroughfare; approximately 60 feet of ROW
Future Section: 4-lane divided with landscaped median; approximately 100 feet of ROW
Sidewalks: Sidewalks required on both sides
Bicycle Lanes: 14-foot-wide outside lanes
Transit: None required at this time
Status of Planned Improvements: None scheduled by the Town. In December 2009, ST-1166 (Carpenter Fire Station Road Extension and Railroad Bridge) was postponed indefinitely.

F. Open Space and Historic Resources Plan
The Open Space Plan and its priority open space inventory identify portions of the case area as having some significant natural resources. These natural resource areas are located on the Dorothy Cooke property immediately south of Morrisville-Carpenter Road, and consist of mixed upland hardwoods near the existing homestead and farm pond.

Staff’s Observation

The proposed conditions related to architecture are intended to compliment the surrounding community and contain design elements that are reminiscent of the late 19^th and early 20^th century vernacular style of building design. They are not, however, intended to replicate the buildings in the Rural Village portion of the Carpenter Community. When these conditions are combined with the requirements of Cary’s Community Appearance Manual, this promotes a high quality building design with an historic nature. The zoning conditions, introduced by the applicant to limit the building size and height on approaches to Carpenter Rural Village, help to prevent future development from detracting from the character of the existing community.

The proposed rezoning is consistent with the Comprehensive Plan and other applicable, adopted plans, policies and documents.

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, the quality, or the 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?
Response: The tract is of ample size to accommodate the requested commercial development. Furthermore, if all of the parcels are zoned commercial, there will be the opportunity for a well-planned, coordinated development versus a piece-meal development.

2. How is the request compatible with the Comprehensive Plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: The rezoning is part of the adopted Carpenter Community Plan. The current land use plan identifies the parcels for mixed use, office/industrial and office/institutional. The proposed land use is commercial. Part of the proposed rezoning is compatible with the Comprehensive Plan/Carpenter Community Plan. The parcels with the mixed use designation are compatible with the comprehensive plan. Mixed use allows commercial and retail uses. The parcels with the office/industrial and office/institutional designation are not compatible with the comprehensive plan. As mentioned previously, commercial and retail uses are allowed within the mixed use portion of the Carpenter Community Plan. Given the type of development that has occurred in the area and the fact that commercial and retail uses are allowed in the mixed use portion of the Carpenter Community Plan, it is our opinion that the proposed land use of commercial is appropriate for all the parcels being rezoned. Furthermore, the uses permitted in the commercial zoning district will provide the necessary support services in close proximity to existing and future residential development in the area.

3. What are the benefits and detriments to the owner, neighbors and the community?
Response: As stated above, the proposed rezoning will provide the necessary support services for the area. Given the proximity of the support services, the length of automobile trips will be reduced and the potential exists for alternative means of transportation such as walking and biking. The parcels are bounded by roads, the railroad and the Town of Cary water tower on all sides, thus minimizing any impact to surrounding properties. Given the constraints of the site, the uses permitted in the proposed rezoning are a better fit for the property. Furthermore, the Town’s Land Development Ordinance (LDO) will adequately protect the adjacent property owners.

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?
Response: Given the site constraints of the property and the development patterns in the area, the allowable uses are appropriate. There is good separation between the proposed commercial uses and existing and planned residential uses. Good land use planning principles typically advocate and support the development of this type of use in this type of location. The interests of the residential property owners will be adequately protected by the provisions of the LDO and the conditions of the rezoning.

ORDINANCE FOR CONSIDERATION

09-REZ-03 Cooke Futrell

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 8.16 ACRES LOCATED AT 6737 CARPENTER FIRE STATION ROAD, 4004 & 3890 NC 55 HWY., AND 1950 & 1958 MORRISVILLE CARPENTER ROAD, OWNED BY GLEN AND JOY COOKE FUTRELL, DORTOTHY W. COOKE, AND THE CARPENTER RURITAN CLUB, BY REZONING FROM RESIDENTIAL 40 (R-40) AND OFFICE/RESEARCH AND DEVELOPMENT (ORD) TO GENERAL COMMERCIAL CONDITIONAL USE (GC-CU)

Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:

PARCEL & OWNER INFORMATION

Parcel and Owner Information
Property Owner(s)	County Parcel Numbers (10-digit)	Real Estate ID(s)	Previous Zoning	Amended Zoning	Deeded Acreage
Glen Futrell 150 Towerview Ct. Cary, NC 27513	0735745188	0340048	ORD	GC-CU	2.81 ±
Glen and Joy C. Futrell 150 Towerview Ct. Cary, NC 27513	0735736844	0101297	ORD	GC-CU	1.19 ±
Glen and Joy Cooke Futrell 150 Towerview Ct. Cary, NC 27513	0735735770	0248335	ORD	GC-CU	.51 ±
Carpenter Ruritan Club c/o Mr. Warren Hill 4137 NC Highway 55 Cary, NC 27519-8316	0735737605	0168194	ORD	GC-CU	.45±
Dorothy W. Cooke 121 Franklin Hills Pt. Cary, NC 27519-8402	0735726346 portion	0014628 portion	R-40	GC-CU	3.2 ±
Total Area					8.16±

Section 2: That this Property is rezoned from Residential 40 and Office/Research and Development to General Commercial 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, policies and guidelines

Section 3: The conditions, proposed by the applicant and mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

1. Within 200 feet north and south of the current alignment of the Morrisville Carpenter Road right-of-way, the gross building square footage will not exceed 10,000 square feet if two stories or 7,000 square feet if one-story. Outside of this area, the maximum square footage will be 19,000 gross square feet.  Building size limits will be noted on each site plan and indicated on a recorded plat prior to issuance of a Certificate of Occupancy.

2. Within 200 feet north and south of the current alignment of Morrisville Carpenter Road right-of-way, the building height will be a maximum of 35 feet. Outside of this area, buildings will be limited to two stories with a maximum height of 45 feet.  Building height limits will be noted on each site plan and indicated on a recorded plat prior to issuance of a Certificate of Occupancy.

3. The mix of uses will be commercial (minimum 33%, maximum of 67%) and office (minimum 33%, maximum 67%).  A conceptual plan showing the percentage of both proposed and existing uses on all properties within the subject rezoning will be included with the each site plan submittal.  Calculations will be based on building square footage.

4. The buffer width adjacent to the railroad will be a semi-opaque buffer with an average width of 30 feet and a minimum width of 25 feet. Evergreen material found in the buffer will be native plant material.

5. Masonry material on buildings will consist of stone or unpainted brick. Poured concrete walls or materials with a smooth finish may not be used to meet the Community Appearance Manual requirement of 75% masonry. When metal roofs are a visible part of the façade, the roof will be in naturally occurring metal colors or earth tone colors from a palette of browns, tans or grays. If asphalt shingles are used they will be in earth tone colors from a pallet of browns, tans or grays.

One item out of each of the following two categories will be used in the building design:

Roof Style
Stepped parapet roof or
Gabled roof with overhanging eaves or
Flat roof with modillioned or corbelled cornice work on the building façade

Window Style
Double-hung windows with a sash design with 9 over 6, 6 over 6 or 4 over 4 pattern or
Large Plate-glass window store-fronts with non-tinted windows or
Segmental Arch windows

6. There will be no internally illuminated ground signs. Wall signs will be limited to external illumination or reverse halo illumination.

7. The following uses will not be allowed: Auto sales and rentals, vehicle repair, telecommunications facilities, warehouse and freight movement.

8. Drive-thru windows shall not be located on the building façade facing NC 55 or Morrisville Carpenter Road.

9. If a use has a canopy it shall be attached to the principal building and the roof and the support columns will match the principal building materials.


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: August 11, 2010

________________________________________
Harold Weinbrecht, Jr.
Mayor

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Date