Town of Cary , North Carolina
Rezoning Staff Report
09-REZ-18 New Health Property
Town Council Meeting
May 27, 2010

To amend the Town of Cary Official Zoning Map by amending the previously approved zoning conditions to increase the allowable building square footage by 4,000 square feet.

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
New Health, LLC 3700 NW Cary Parkway Cary, NC 27513	0754346463	0255792	4.21±
Total Area			4.21 ±

The applicant is seeking a modification to existing zoning conditions to allow a 4,000-square-foot increase in the allowable building area for the medical office building located at 3700 NW Cary Parkway. Existing zoning conditions, that specify buffers and limit the building size for other parcels in the original zoning, are not proposed to be changed.

Applicant	Dr. Jay Stevens, New Health, LLC 3700 NW Cary Parkway Cary, NC 27513 (919) 238-2004 Jay.stevens@aihf.net
Agent	Loftee Smith, Withers & Ravenel, Inc. Withers & Ravenel, Inc. 111 MacKenna Drive Cary, NC 27511 (919) 469-3340
Acreage	4.21 ±
Location	3700 NW Cary Parkway
Schedule	Town Council Public Hearing February 25, 2010	Planning & Zoning Board April 19, 2010	Town Council Decision May 27, 2010
Land Use Plan Designation	Office and Institutional
Existing Zoning District	Office and Institutional Conditional Use (OI-CU)
Proposed Zoning District	Office and Institutional Conditional Use (OI-CU)
Town Limits	Yes
Valid Protest Petition	Valid protest petition submitted
Staff Contact	Debra Grannan, Senior Planner (919) 460-4980 debra.grannan@townofcary.org

Existing Zoning Conditions (Case 98-REZ-07)	Proposed Change
1. No more than four (4) office buildings (each not to exceed 14,000 square feet) would be allowed on the property	The office building located at 3700 NW Cary Parkway not to exceed 18,000 square feet
2. No building would exceed two stories in height	No change
3. A 110-foot-undisturbed buffer would be provided between Preston Highlands and Preston Highlands Ridge subdivisions and the proposed buildings	No change
4. In addition to the 110-foot buffer, a 30-foot-wide landscape area will be provided between the 110-foot buffer and any parking area or building	No change
5. All buildings will be architecturally compatible with existing buildings at Preston Corners	No change
6. Natural evergreen screening will be placed between any parking facility as required by the town of Cary	No change
7. Lighting of the parking lots will be designed to limit illumination to basically the parking areas	No change

Existing Land Use: Medical Office Building

Streams: As indicated in the Town of Cary GIS maps, the site is impacted along its western boundary by a stream buffer. Precise field determination is required during the site plan review process.

Floodplains or Wetlands: Cary GIS Maps do not indicate that the subject property is located within a floodplain or wetlands.

Topography: Cary GIS Maps indicate that there is a drop in the topography of the subject property of approximately 30 to 40 feet between where the building is located and the western property line.

Surrounding Land Uses
North – Office
South – Office
East – Office
West - Single-family Residential (Highland Ridge Subdivision)

Landscape Buffer
The existing zoning conditions provide a 110-foot-undisturbed buffer between Preston Highlands and Preston Highlands Ridge subdivisions and along the west side of the subject property. In addition, the conditions provide a 30-foot-wide landscape area between the buffer and the parking area or buildings. Any additions to the building would be required to comply with these zoning conditions.

Streetscape
A 30-foot streetscape adjacent to NW Cary Parkway is currently provided and would be required to be maintained for any future building expansion.

Parking
Table 7.8-1 Off-Street Parking Schedule “A” of the Cary Land Development Ordinance requires one parking space for each 300 square feet of floor area for an office or medical office building. An 18,000- square-foot building would require 60 parking spaces. Currently, 66 spaces are provided on the site.

Traffic
The addition of 4,000 SF of medical office to an existing medical office will generate 10 AM and 14 PM peak hour trips using the Medical-Dental Office Building ITE 720 Use. Therefore, a traffic study is not required since it does not generate 50 or more peak hour trips.

Notification
On February 9, 2010, property owners within 400 feet of the subject property were mailed notification of the request and public hearing. Notification consistent with General Statutes was published in the Cary News on February 10 and 17, 2010. Notice of the public hearing was posted on the property on February 10, 2010.

Neighborhood Meeting - November 23, 2009
Based on information provided by the applicant, a neighborhood meeting was conducted on Monday, November 23, 2009 at 6:00 pm

The applicant reported that they responded to concerns expressed by the neighbors by outlining the existing and proposed zoning conditions and responding to the following concerns:

• Justification for the proposed addition
• Possible need for additional parking
• Increased noise levels
• Consistent building elevations and architectural compatibility
• Preservation of buffers

Town Council Public Hearing – February 25, 2010
Staff presented the request and noted that there was a valid protest. One adjacent property owner spoke in support of the request and one adjacent property owner opposed the request based on concerns regarding overflow parking. Council inquired if the current and proposed building size was in compliance with LDO parking requirements, staff reported that it was. Council asked if the parking area could be expanded. Staff noted that the existing zoning condition that called for a 110-foot buffer plus a 30-foot landscape area would impact that option.

Changes since the Public Hearing
None

Planning and Zoning Board – April 19, 2010
Staff presented the case. One board member asked if the proposed amendment to existing zoning conditions would impact the buffer between the subject property and the residential neighborhood to the west. Staff confirmed that no changes were proposed to this buffer. One board member asked if options existed for the adjacent property owner, who filed the protest petition, to prevent parking on his property. Staff explained that the subject property met the LDO parking requirements without needing a shared parking agreement with the neighbor; therefore, the owner of 3750 NW Cary Parkway could install incidental signage on his property to restrict parking. A board member asked about the traffic impact if the other office buildings in this area also sought to expand. Staff explained that each of those properties would also need to apply for a rezoning to amend conditions if they wanted to exceed the previously approved limit of 14,000 square feet and that traffic impacts would be evaluated on a case by case basis.

The Planning and Zoning Board voted unanimously to forward a recommendation for approval to the Town Council (9-0)

Changes since the Planning and Zoning Board Meeting
None

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	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

Land Use Plan
The proposal is consistent with the Land Use Plan designation of Office and Institutional.

Growth Management Plan
The Growth Management Plan includes the following Guiding Principle that is relevant to this case:

1. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.

Analysis: Increasing the permitted density from 14,000 square feet to 18,000 provides a reasonable increase of the existing land use for this site.

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

Comprehensive Transportation Plan
NW Cary Parkway is designated as a Major Thoroughfare
Existing Section: 4-lane divided with landscaped median, Approx. 120-foot ROW
Future Section: 4-lane divided with landscaped median, Approx. 120-foot ROW
Sidewalks: Sidewalks exist 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 mixed upland hardwoods on the portion of the site that is currently undeveloped.

The proposed change to zoning conditions for the subject property is consistent with the comprehensive plan and other applicable, adopted plans, policies and documents.

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: This petition is submitted to request a change in zoning conditions for Wake County PIN 0754346463. This 4.21 acre parcel is zoned Office and Institutional Conditional Use by a previous zoning case, 98-REZ-07. We are not seeking to change the zoning only to amend conditions for this parcel, 3700 NW Cary Parkway.

The requested change in zoning conditions is reasonable and is in keeping with the intended use for this parcel. There are no issues with the physical characteristics of this 4.21 acre tract. The parcel would easily accommodate the building expansion.

Ingress and egress, as it exists, would not change. Access is still served by Cary Parkway, a four-lane divided road.

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

Response: this request is compatible with the Comprehensive Plan. The Town of Cary Land Use Plan designates this area as Office and Institutional, this will not change.

There will be no impact to open space areas, the originally required buffers will remain in place and untouched. There are no changes in the Transportation Plan designated for this parcel. .

There are no Historical Resources locate on this site

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

Response: The requested change in conditions will not be a detriment to the surrounding neighbors or community.

This expansion is in response to a growing community need for easily accessible medical services. There are plans to bring two physicians and two nurses to provide for this increased need in services.

The addition will also allow current services provide in this office to move into the improved spaces. We believe the ability to better serve patients and the community will be a great benefit for this area.

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 use of this property as a medical office is compatible with uses to the north, south and east as those properties are also designated as Office and Institutional uses.

The adjacent properties to the west are single family residential subdivisions, Preston Highlands and Highland Ridge. The residential properties are protected.

ORDINANCE FOR CONSIDERATION

09-REZ-18 New Health Property

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO REVISE A PREVIOUSLY APPROVED ZONING CONDITION FOR A PARCEL OF PROPERTY ZONED OFFICE AND INSTITUTIONAL CONDITIONAL USE, LOCATED AT 3700 NW CARY PARKWAY AND OWNED BY NEW HEALTH, LLC.

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(s)	County Parcel Number(s) (10- digit)	Real Estate ID(s)	Area ± (Acres)
New Health, LLC 3700 NW Cary Parkway Cary, NC 27513	0754346463	0255792	4.21 ±
Total Acres			4.21 ±

Section 2: That this Property is rezoned by amending a previously approved zoning condition 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, 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 office building located at 3700 NW Cary Parkway not to exceed 18,000 square feet

2. No building would exceed two stories in height.

3. A 110-foot-undisturbed buffer would be provided between Preston Highlands and Preston Highlands Ridge subdivisions and the proposed buildings.

4. In addition to the 110-foot buffer, a 30-foot-wide landscape area will be provided between the 110-foot buffer and any parking area or building.

5. All buildings will be architecturally compatible with existing buildings at Preston Corners.

6. Natural evergreen screening will be placed between any parking facility as required by the Town of Cary.

7. Lighting of the parking lots will be designed to limit illumination to basically the parking areas.

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 27, 2010

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Harold Weinbrecht, Jr.
Mayor

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