Town of Cary , North Carolina
Rezoning Staff Report
09-REZ-16 Davis Grove Office
Town Council Meeting
May 13, 2010

To Amend the Town of Cary Official Zoning Map

NOTE: The purpose of the rezoning is to determine whether or 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
DCF V, LLC 5310 S Alston Avenue, Ste.210 Durham, NC 27713	0743572674	0206340	4.14
Total Area			4.14

The site presently contains three single-story buildings with about 33,000 square feet of floor area. Approximately 6,800 square feet are used for office space. The remainder of the building area is currently unoccupied.

The applicant has requested that the property be rezoned from Office and Institutional Conditional Use to General Commercial Conditional Use. The proposed revisions to the zoning district and zoning conditions would result in the following changes:

New Uses Allowed

• Personal Service Establishment with no limit to amount of square footage. Currently the maximum amount of floor area that could be used for Personal Service Establishments is 10% of the total floor area (3,334 sf), based on previously-approved conditional use zoning case 07-REZ-16.

Uses No Longer Allowed

• Dormitory
• Life Care Community
• Nursing Home
• Residential Use In Non-residential Building
• Day Care Uses Except Adult Day Care Or School Track-out Programs Not Requiring State License
• Public Athletic Field
• College
• Transportation Facility
• Minor Utility Substation
• Bank
• Restaurant
• Golf Driving Range
• Bldg-mounted Antennas and Towers

Improvement to Existing Sight Distance At Entrance
A Minor Alteration addressing vegetation in the sight triangle along Davis Drive south of the driveway entrance has been approved. Removal of certain tree limbs and relocation of certain existing trees and shrubs is required prior to issuance of any permits for the site.

Streams: None indicated on Cary GIS maps

Floodplain: None indicated on Cary GIS maps

Surrounding Land Uses:
North: Self-storage facility (OI-CU zoning)
South: OI-CU zoning and Davis Drive Park
East: CSX Railroad and single-family residential (opposite side of railroad)
West: Davis Drive Middle School and open space (opposite side of Davis Drive)

Land Use
The request does not include any increase in the floor area of the existing buildings. The existing development will remain consistent with the Land Development Ordinance if the zoning district is changed from the existing OI-CU to the proposed GC-CU zoning district.

Traffic
A traffic study was conducted to analyze the impact of the development to be rezoned from OI-CU to GC-CU, with conditions placed on the parcel pertaining to restricting any day care and school uses to ADULT ONLY day care and only AFTER SCHOOL/TRACK-OUT programs. The traffic consultant analyzed similar uses and included this into the trip generation for this request for the 10-TAR-207 Davis Grove Rezoning Traffic Study.

The study concluded that the left-turn movement be restricted from the access driveway opposing the school driveway or the site distance be improved at this access. A Minor Alteration addressing vegetation in the sight triangle along Davis Drive south of the entrance has been approved and removal of certain tree limbs and relocation of certain existing trees and shrubs is required prior to issuance of any permits or certificates of occupancy for the site.

Additionally, the study identified that conditions at the intersection of Davis Drive and High House will worsen under the build conditions of this rezoning. Therefore, the study recommended that the WB right turn approach at High House and Davis Drive be widened to replace the flare to include a 150-foot right turn lane. This improvement has been identified in other studies, but has not been installed to date.

Notification
On February 9, 2010, notification of the Town Council 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 February 10 and February 17, 2010. Notice of the public hearing was posted on the property on February 10, 2010.

Neighborhood Meeting
Based on materials supplied by the applicant, the required neighborhood meeting was held on September 10, 2009 and was attended by one citizen who expressed concern with the potential for adult businesses. (Staff comment: Adult businesses are prohibited within 1,000 feet of a school or residential area. The site is within 1,000 feet of both of these uses and thus would not be permitted).

Town Council Public Hearing
The public hearing was held on February 10, 2010. There were no issues or concerns expressed by the public or members of the Town Council.

Planning and Zoning Board Meeting
The Planning and Zoning Board considered the request at its April 19, 2010 meeting and recommended approval by a vote of 9-0.

Town Council Action
Approved May 13, 2010 on consent

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

A.  Land Use Plan
The Town-wide Land Use Plan designates this parcel for Office and Institutional uses, but the requested zoning is for General Commercial with zoning conditions (GC-CU). Since the proposed zoning conditions will limit the full range of permitted uses to office, institutional, and personal services, and since these uses are compatible with the surrounding neighborhoods and school, the requested zoning conforms with the intent of the Land Use Plan. Therefore, a comprehensive plan amendment is not required.

B.  Growth Management Plan
The Growth Management Plan includes the following Guiding Principle which is relevant to this case:

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

Analysis: The existing buildings are connected to the Town’s existing utility and transportation infrastructure.

C.  Affordable Housing Plan
Based upon the proposed land use, the Affordable Housing Plan is not applicable.

D.  Comprehensive Transportation Plan
Davis Drive is designated as a Major Thoroughfare
Existing Section:  4-lane divided with landscaped median, 100-foot ROW
Future Section:  4-lane divided with landscaped median, 100-foot ROW
Sidewalks:  Sidewalk on east side, Multi-use trail on west side
Bicycle lanes:  Wide outside lanes
Transit:  None required
Status of Planned Improvements:  None by the Town

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

F.  Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan there are no significant natural or historic features on this site. The site is already developed.

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: This request presents no issues relative to physical characteristics of the site. The entire property is developed and all the buildings have been constructed.

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

Response: The applicant is requesting very slight changes to the allowable uses from the currently allowed uses under the current zoning. These minor changes are enumerated on the attached list of current and proposed uses in this application package. Town of Cary staff has agreed that no Comprehensive Plan changes are needed if the rezoning is limited to the proposed uses. Rezoning to General Commercial – Conditional Use zoning district, as modified, complies with the Comprehensive Land Use Plan as there will be a mix of office and service businesses providing benefit to the surrounding neighborhoods and the families of the students at the adjacent elementary school.

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

Response: A condition of the current zoning limits Personal Service Establishment use to 3,334 SF total for the office complex. Several prospective businesses, each of whom is considered a personal service establishment, have expressed interest in locating at Davis Grove due to its proximity to the school across the street. These businesses offer activities for the children and convenient services to parents who drive by on a daily basis. However, some of the businesses interested in Davis Grove have desired to occupy more space than currently allowed. Consequently, the applicant has not been able to bring these service businesses to the neighborhood.

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: The proposed allowable uses are, in essence, identical to the currently allowed uses. The adjacent uses include a daycare, self-storage, and a public school facility. The proposed allowable uses are neighborhood service oriented and would provide convenience and utility to the employees, customers, and users of the adjacent facilities. Allowing the proposed uses provides the opportunity to create a more cohesive neighborhood environment, potentially reduces miles traveled for owners, tenants, and customers of the site and adjacent properties, and creates a stronger symbiosis among all the adjacent properties.

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: No reductions requested

ORDINANCE FOR CONSIDERATION

09-REZ-16 Davis Grove Office

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 4.14 ACRES LOCATED AT DAVIS GROVE CIRCLE OWNED BY DCF V, LLC, BY REZONING FROM OFFICE AND INSTITUTIONAL CONDITIONAL USE (OI-CU) TO GENERAL COMMERCIAL CONDITIONAL USE (GC-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:

PARCEL & OWNER INFORMATION

Property Owner	County Parcel Number (10-digit)	Real Estate ID	Area ± (Acres)
DCF V, LLC 5310 S Alston Avenue, Ste.210 Durham, NC 27713	0743572674	0206340	4.14

Section 2: That this Property is rezoned from Office and Institutional Conditional Use (OI-CU) to General Commercial Conditional Use (GC-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, policies 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. The following uses shall be permitted subject to applicable Use Specific Standards of Section 5.2 of the LDO: library, museum, government office, public safety station, hospital, community garden, public park, neighborhood recreation center, religious assembly, vet hospital w/indoor kennel, business or professional office, radio or TV broadcast studio, personal service establishment.

2. Day Care Centers which provide only adult day care or school-age track out programs, and which are not required to be licensed by the NC Division of Child Development, shall be permitted.

3. All other uses shall be prohibited.

4. All required improvements necessary to improve existing sight distance at the Davis Drive entrance and identified on Minor Alteration 10-MA-016 shall be completed prior to issuance of any permit or Certificate of Occupancy.

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: May 13, 2010

_________________________________________     
Harold Weingbrecht, Jr.                                               
Mayor



______________________________
Date