09-REZ-05 Nelson Road Property

Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

09-REZ-05 Nelson Road Property

Town Council Meeting

June 10,2009

REQUEST

To Amend the Town of Cary Official Zoning Map

Location

4980 Nelson Road – bounded by Nelson Road to south and controlled access segment of Aviation Parkway to east

Town Limits: yes

ETJ: N/A

Deeded Acreage

4.98 acres

Existing Zoning District

GC (General Commercial)

Existing Overlay Districts

Airport Overlay District and Thoroughfare Overlay District

Proposed Zoning District

ORD (Office/Research and Development)

Valid Protest Petition

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.

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

SUBJECT PARCEL

Property Owner(s)

County Parcel Number(s) (10-digit)

Real Estate ID(s)

Deeded Acreage

W. Glen Adams

0757568438

0336682

4.98

Samuel Boyce

T. Ed Bailey

Red Eagle Companies, LLC

SCHEDULE

Public Hearing

Planning & Zoning Board Meeting

Town Council Action

April 15, 2009

May 18, 2009

June 10, 2009

contact Information

Applicant/Agent

William Daniel

Wm. G. Daniel & Associates

1150 SE Maynard Road, Suite 260

Cary, NC 27511

(919) 467-9708

bdaniel@WmGDA.com

Staff Contact

Mary W. Beerman, AICP

(919) 469-4342

mary.beerman@townofcary.org

SITE DATA

Existing Land Use

Vacant

Land Use Plan Designation

OFC/IND (Office/Industrial)

Streams

None shown on the Town of Cary GIS maps

Floodplain

None shown on the Town of Cary GIS maps

Wetlands

None identified at this time

Surrounding Land Uses

North

Vacant (Town of Cary ORD zoning)

South

Vacant (RDU Airport Authority)

East

Aviation Parkway (controlled access section)

West

Single-Family Residence (Town of Cary R-40 zoning)

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE

The proposed project is in the rezoning stage and, therefore, preliminary engineering of the site has not been submitted to the Town of Cary 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. Some of the key requirements of the existing and proposed zoning districts are summarized below.

Land Uses per LDO

Uses allowed in proposed district (ORD)

but not in existing District (GC)

Uses allowed in existing district (GC)

but not in proposed District (ORD)

resource conservation facility

nightclub/bar

private athletic field

restaurant

outdoor amphitheater

pool and billiard hall

towing and vehicle storage

commercial outdoor recreational facility (some limitations already apply per Airport Overlay District)

vehicle repair

ABC store

research laboratory

Funeral Home

light manufacturing

car wash

prototype process and production plant

vehicle filling station

mini-storage

outdoor storage

Density and Dimensional Standards

Existing Zoning District

Proposed Zoning District

Min. Lot Size

None Specified

Streetscape (Nelson Road)

30 feet

Street Setback

30 feet

Side Setback

None required

Rear Setback

None required

Maximum Bldg. Height

35/50 *

* 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. Approval by the Raleigh Durham Airport Authority is required for any building that exceeds a height of 50 feet.

Landscape Buffer

Aviation Parkway

100-foot-wide undisturbed buffer, with additional plantings if needed to meet Type A (opaque) buffer standards

East Boundary

The buffer width and type will be determined during site plan review. If the adjacent property (zoned R-40) remains in single-family residential use, the width of the buffer on the subject property will be between 40 feet and 80 feet, depending on the proposed use.

North Boundary

The buffer width and type will be determined during site plan review. If the adjacent property (zoned ORD) remains vacant, the width of the buffer on the subject property will be between 20 feet and 50 feet, depending on the proposed use.

Traffic

A traffic study is not required for this rezoning. It does not appear that the uses allowed in ORD would generate any additional traffic over the uses allowed in GC.

ISSUES AND CONCERNS

No staff or citizen issues or concerns have been identified.

SUMMARY OF PROCESS AND ACTIONS TO DATE

Notification

On March 31, 2009 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 April 1, and April 8, 2009.

Neighborhood Meeting

In accordance with requirements of the LDO the applicant sent notices for a neighborhood meeting to be held on February 25, 2009 to property owners within 400 feet of the site. Materials submitted by the applicant state that no neighbors attended the meeting.

Town Council Public Hearing

The public hearing was held on April 15, 2009. There were no comments offered by citizens or members of the Town Council.

Changes Since Public Hearing

None

Planning and Zoning Board

The Planning and Zoning Board considered the request at the May 18, 2009 meeting and recommended approval by a vote of 8-0.

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;

Applicable Comprehensive or Area Plan Requirements

Plan element

STAFF COMMENTS

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.

Analysis: Existing water and sewer lines are located on the west side and east side of the property, respectively.

2. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

Analysis: A 100-foot-wide undisturbed buffer with additional plantings, if needed, will front the property along Aviation Parkway. Depending on future use of adjacent properties, additional buffers may be required at site plan review.

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

Analysis: The proposed land use is in keeping with the Town’s growth management goals for consistent, desired development as designated by the Town’s Comprehensive Land Use Plan.

Affordable Housing Plan

Affordable Housing Plan:

Based upon the proposed land use, the Affordable Housing Plan is not applicable to this rezoning case.

Comprehensive Transportation Plan

Aviation Parkway is designated as a Major Thoroughfare

Existing Section

Four – Six-lane median divided roadway, Approx. 300’ R/W

Future Section

Six-lane median divided roadway, Approx. 300’ R/W

Sidewalks

None – due to controlled access

Bicycle lanes

None – due to controlled access

Transit

None

Status of Planned Improvements

None scheduled by the Town

Nelson Road is designated as a Collector Avenue

Existing Section

Two-lane shoulder roadway, Approximately 60’ R/W

Future Section

Two-lane curb and gutter roadway, Approximately 70’ R/W

Sidewalks

Sidewalk required on both sides

Bicycle lanes

14-foot-wide outside lanes required

Transit

None

Status of Planned Improvements

None scheduled by the Town

Parks & Greenways Master Plan

According to the Parks, Recreation and Cultural Resources Facilities Master Plan, there are no issues related to this site.

Open Space and Historic Resources Plan

According to the Open Space and Historic Resources Plan, there are no significant natural or historic resources on the site. The site was not designated as priority open space.

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, 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 size of the tract is appropriate and conducive to the uses being proposed. The tract is of ample size to accommodate the requested development and achieve the Town of Cary’s goals as specified in the comprehensive plan.

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

Response: The proposed rezoning from GC to ORD is compatible with the intent and purpose of the comprehensive plan and the land use plan for the Town of Cary. Specifically, the request for ORD is in accordance with the long-range vision and recommendations for future land uses in this area.

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

Response: The property being requested for rezoning is currently zoned general commercial. Based on the size of the parcel, general commercial uses will not be permitted in the proposed ORD zoning district. The ORD zoning district allows office/flex-space, research, light industrial and warehouse uses either by-right or by special-use permit. Because of the size of the parcel, the more intense uses allowed within the ORD zoning district will not be permitted, thus reducing any impact to the surrounding parcels. The uses that will be allowed under the ORD zoning classification are the types of uses envisioned in this location near the Raleigh-Durham International Airport as identified on the Town’s Comprehensive Plan. The interests of the residential property owners and all other property owners in the area will be adequately protected by the provisions of the LDO.

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 (size of parcel) and the development patterns in the area, the allowable uses are appropriate. Good land use planning principles typically advocate and support the development of these types of uses in this location. The uses allowed can currently be found in the general location of this rezoning.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.

Response: NA

STAFF OBSERVATION

As described above in the Applicable Comprehensive or Area Plan Requirements 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.

ORDINANCE FOR CONSIDERATION

09-REZ-05 Nelson Road Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 4.98 ACRES LOCATED AT 4980 NELSON ROAD, BY REZONING FROM GENERAL COMMERCIAL (GC) TO OFFICE/RESEARCH AND DEVELOPMENT (ORD).

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:

PARCEL & OWNER INFORMATION

Property Owners

County Parcel Number

(10 digit)

Real Estate ID

Area ±

(Acres)

W. Glen Adams

0757568438

0336682

4.98

Samuel Boyce

T. Ed Bailey

Red Eagle Companies, LLC

Section 2: That this Property is rezoned from General Commercial (GC) to Office/Research and Development (ORD) and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3: This ordinance shall be effective on the date of adoption.

Adopted and effective: June 10, 2009

Harold Weinbrecht, Jr.

Date

Mayor