Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-07, Chapel Hill Road PDD Amendment
Town Council Meeting
March 10, 2011

To amend the Town of Cary Official Zoning Map by:

1) expanding the boundary of the existing Chapel Hill Road Planned Development District (PDD) to include a 0.64-acre parcel located at the southeast corner of Chapel Hill Road and Trinity Road; and

2) modifying the permitted land uses on the 3.67-acre portion of the PDD bounded by Chapel Hill Road, Trinity Road, Hampton Woods Lane and Hotel Drive to allow retail, office and warehouse uses, not to exceed a combined total of 50 peak hour trips per day.

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 Owners	Property Identification	Deeded Acreage	Existing Zoning Districts
N/F N&B Co, LLC Quality Oil Company, LLC	Lot 2 as show on Recombination and Easement Plat – Properties of N&B CO., LLC and Quality Oil Company, LLC , recorded in Wake County Book of Maps 2011, Page 0116 on February 4, 2011	3.67	Industrial (I) and PDD (Minor)

The existing Chapel Hill Road PDD, approved in 1996, consists of approximately 9.14 acres located on the south side of Chapel Hill Road east of Trinity Road.

Phase I of the existing PDD consists of approximately 6.11 acres containing a hotel (Hampton Inn), a convenience store with gas pumps (Quality Oil), and a site that could potentially be developed for restaurant use. No changes are proposed to this portion of the PDD with this request.

Phase II of the existing PDD, consisting of about 3.03 acres located west of Hotel Drive and north of Hampton Woods Lane is currently undeveloped. The existing PDD Master Land Use Plan designates about 2/3 of Phase II area for office use, and about 1/3 for restaurant, office or retail use.

The applicant proposes to amend the Chapel Hill Road PDD by:

1. Expanding the northern boundary of the PDD to add a .64-acre parcel to Phase II located at the southeast corner of Chapel Hill Road and Trinity Road to Phase II, increasing the total area of the PDD to 9.78 acres; and

2. Amending the Phase II land uses to allow retail and office uses, not to exceed a combined total of 50 peak hour trips per day.

Applicant	David Madison Stone’s Education Superstore 3800 Tryon Road Raleigh, NC 27606 (919) 821-7201 david@stones-education.com
Agent	Bob Anderson Barton Group 7000 Six Forks Road, Ste. 115 Raleigh, NC 27615 (919) 427-9360 bob@bartongroupnc.com
General Location	Southeast corner of Chapel Hill Road and Trinity Road
Schedule	Public Hearing September 30, 2010	Planning & Zoning Board November 15, 2010	Town Council March 10, 2011*
	* The rezoning request was not scheduled for final action by the Town Council until after recordation of a recombination plat so that the affected property could be described in the Ordinance for Consideration
Land Use Plan Designation	Industrial (I) and Office/Industrial (OFC/IND)
Existing Zoning District	3.03 acres: Planned Development District [PDD (Minor)] 0.64 acres: Industrial
Proposed Zoning District	Planned Development District [PDD (Minor)]
Town Limits	Yes
Valid Protest Petition	None filed
Existing and Proposed Zoning Conditions PUD Master Land Use Plan	Original Zoning Conditions 1. There shall be one full-service access on NC 54 and Trinity Road as indicated on the Master Land Use Plan. There shall be one right-in/right-out access on NC 54 as indicated on Master Land Use Plan 2. All structures located on this site shall be architecturally compatible. Furthermore, the site will have a unified site design and a master plan will be submitted for the entire site with the first site plan submission. 3. The site will have uniform and complementary signage and graphics. 4. Permitted land uses are as indicated on the Master Land Use Plan. 5. Noxious plants and weeds will be under-cleared in the 30-foot natural buffer. If there is no existing vegetation, a mix of pines and hardwoods will be added at 1 - 1 ½ inch caliper every 50 feet. 6. An access easement will be provided at the northern most property line. 7. The right-in/right-out drive located on NC54 is contingent upon NCDOT approval. If NCDOT does not approve the drive, it will be eliminated from the plan. 8. Hotel includes associated uses such as conference meeting rooms, restaurant, lounge and retail gift shop. 9. Final acreages to be determined by survey. Additional Zoning Conditions Per PDD Amendment 10-REZ-07 1. Eliminate Original Zoning Conditions #6 (no longer applicable due to expansion of PDD District) and #7 (no longer applicable since right-in-right-out drive has been approved and constructed). 2. Land Uses in Phase II shall be limited to retail and office (general and medical) uses, not to exceed a combined total of 50 peak hour trips per day. 3. Phase II minimum building setbacks from Chapel Hill Road and Trinity Road shall be 30 feet where no parking is provided between the building and the right-of-way, and 50 feet where parking is provided between the building and the right-of-way. 4. Phase II minimum building setbacks from private drives shall be 15 feet
Staff Contact	Mary Beerman, AICP Senior Planner (919) 469-4342 mary.beerman@townofcary.org

Streams: According to Cary GIS maps, there are no streams or stream buffers on the subject property
Floodplain: According to Cary GIS maps, there is no floodplain area on the subject property
Wetlands: To be determined upon review of site plan.

Existing Land Use: A 1,400 square-foot commercial building (Terminix), two sheds and a radio tower are currently located on the proposed .64-acre addition to the PDD district. These improvements will be removed upon redevelopment of the site. The Phase II portion of the existing PDD district is vacant.

Surrounding Land Uses:
North - Office
South – Auto repair
East - Convenience store and hotel
West – Mini-storage and light industrial

Land Use
The Phase II land uses proposed in the revised master plan (retail, office and warehousing) are generally consistent with and compatible with the existing land uses within the existing boundaries of the Chapel Hill Road PDD, as well as existing land uses in the surrounding area. A site plan for a 16,000-square-foot school supply business adjacent to Chapel Hill Road has been submitted. The conceptual use for the southern portion of the site is a 7,000- to 10,000square-foot office building. Access to all Phase II development will be via Hotel Drive and Hampton Woods Lane.

Density and Dimensional Standards

	LDO Standard	Existing PDD (approved 9/12/96)	Proposed PDD Amendment
Minimum Lot Size	None required	None specified	None specified
Setback from Chapel Hill Road	30’ streetscape	50’	50’ (Phase I) 30’ (Phase II)
Setback from Trinity Road	30’ streetscape	30’	30’
Setback from Hampton Woods Land and Hotel Drive	15’	None specified	15’
Minimum Side Setback	None required	None specified	None specified
Minimum Rear Setback	None required	None specified	None specified
Maximum Building Height (Feet)	50’ plus one foot for every additional foot provided between the building footprint and the minimum required setbacks	None specified	None specified

Traffic
Staff conducted a peak hour trip generation study for the existing Stone School Supply Store located in Raleigh to derive reasonable trip generation rates that could be applied to the new location in Cary. Using this local data and combining it with office use trip generation data outlined in the ITE Trip Generation manual, staff estimates that the two buildings, as outlined in the application, will generate approximately 25 a.m. and 49 p.m. peak hour trips. A traffic study will not be required under this development proposal since it generates less than fifiy (50) peak hour trips as the defining threshold in the Adequate Public Facilities for Roads ordinance. In addition, the applicant is proposing a zoning condition that specifies the uses will not exceed a total of 50 peak hour trips.

Notification
On, August 31, 2010, the Planning Department mailed notification of a public hearing on the request to property owners within 400 feet of the subject property. Notification consistent with General Statutes was published in the Cary News on September 15 and 22, 2010. Notice of the public hearing was posted on the property September 15, 2010.

Neighborhood Meeting
Based on materials supplied by the applicant, a neighborhood meeting (as required by the LDO) was held on July 22, 2010 and was attended by three citizens who expressed support for the rezoning.

Town Council Public Hearing
The public hearing was held on September 30, 2010. One speaker representing a neighboring property owner spoke in support of the request. There were no questions or comments from council members.

Planning and Zoning Board Meeting
The Planning and Zoning Board considered the request at its November 15, 2010 meeting and recommended approval by a vote of 9-0.

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered in reviewing all 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	X
Parks, Recreation, and Cultural Resources Facility Master Plan	X
Growth Management Plan	X
Affordable Housing Plan			X
Comprehensive Transportation Plan	X
Open Space Plan	X
Historic Preservation Master Plan			X

Land Use Plan
Long-range land use recommendations for the subject parcels are given by the townwide Land Use Plan. The Land Use Plan designates the subject parcels with a mix of commercial and office/institutional uses, as well as a small amount of office/light industrial. This mix reflects the general nature of the existing PDD zoning, as well as the light industrial use of the existing Terminix site. The proposed rezoning/PDD amendment is consistent with the overall mix of uses recommended by the Land Use Plan.

Growth Management Plan
The Growth Management Plan includes the following Guiding Principles which may be relevant to this case:

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

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

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

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

The proposed rezoning and PDD amendment seems consistent with these four Guiding Principles.

Affordable Housing Plan
The Affordable Housing Plan is not relevant to this case. The proposed PDD amendment does not propose housing, and no existing housing is being displaced. Further, the location is already zoned for office, industrial, and commercial uses (including hotel).

Comprehensive Transportation Plan
Chapel Hill Road is designated as a Major Thoroughfare
Existing Section: 5-lane section (four travel lanes with 2-way left-turn lane, approximate 65-foot roadway section)
Future Section: 6-lane section with landscaped median (124-foot right-of-way, 102-foot roadway section)
Sidewalks: Continuous on south side only
Bicycle Lanes: 4-foot striped bike lanes begin west of Trinity Road, no facilities planned east of Trinity Road.
Transit: No requirements. Closest transit is TTA Route 303 on Chatham Street and C-Tran on Maynard Road.
Status of Planned Improvements: None scheduled by the Town

Trinity Road (south of Chapel Hill Road) is designated as a Major Thoroughfare
Existing Section: 3-lane section (two lanes northbound, 1-lane southbound with wide parking; approximate 50- to 55-foot roadway section)
Future Section: 4-lane section with 18-foot landscaped median (124-foot right-of-way, 78-foot roadway section)
Sidewalks: Intermittent on east side only; provided on subject property and office site to south, but not adjacent parcels
Bicycle Lanes: None presently, proposed multi-use trail and signed route
Transit: No requirements. Closest transit is TTA Route 303 on Chatham Street and C-Tran on Maynard Road.
Status of Planned Improvements: None scheduled by the Town

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

Open Space Plan
The open space inventory associated with the Open Space Plan does not identify any significant natural resources for the subject parcels.

Historic preservation master plan
The Historic Preservation Master Plan was adopted in May 2010. One of the subject parcels, the 0.64-acre property at 7425 Chapel Hill Road, includes a small wood frame office building built in 1940 (according to the Wake County Real Estate database). The building is currently used as offices by Terminix. The structure is not listed on the Wake County Inventory of potentially historic structures. One of the initial implementation tasks for the Historic Preservation Master Plan will be to produce a comprehensive and updated inventory of significant historic resources within the Cary planning jurisdiction, sometime within the next 1-2 years.

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 site consists of a large open area to the south and a heavily vegetated area to the north. The vegetation is mostly vines and heavy brush. The northern parcel has an existing structure and parking area. The topography is mild with the exception of one topsoil stockpile located in the northern part of the property

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: The proposed uses are consistent with the approved PDD and the Land Use Plan. The area will benefit from this proposal due to the ROW being dedicated along Trinity Road, providing a sidewalk connection between Trinity Road and Chapel Hill Road and removing the overgrown vegetation along Chapel Hill Road and replacing it with streetscape plantings.

3. What are the benefits and detriments to the owner, neighbors and the community?
Response: Benefits: The proposed site plan places buildings along Chapel Hill Road and Trinity Road, thus blocking parking lot from the ROW. The proposed development is also proposing sidewalk improvements, ROW dedication and streetscape plantings along Chapel Hill Road. Detriments: There are zero negative impacts to the site or surrounding area due to the proposed amendment

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 area is surrounded by a mix of uses. The property to the east and south have a mix of hotel, retail and convenience store. The property to the north contains office space. The properties to the west contain mini-storage and light industrial uses. The properties to the northwest are mostly undeveloped. The proposed uses (office and retail) are compatible with the surrounding uses and will adversely affect them.

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: There are no reductions being requested

ORDINANCE FOR CONSIDERATION

10-REZ-07 CHAPEL HILL ROAD PDD AMENDMENT

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF A PARCEL CONTAINING APPROXIMATELY 3.67 ACRES LOCATED AT THE SOUTHEAST CORNER OF CHAPEL HILL ROAD AND TRINITY ROAD OWNED BY N&B Co, LLC AND Quality Oil Company, LLC BY REZONING FROM PLANNED DEVELOPMENT DISTRICT [(PDD (MINOR)] AND INDUSTRIAL (I) TO PLANNED DEVELOPMENT DISTRICT [(PDD (MINOR)]

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	Property Identification	Deeded Acreage	Existing Zoning Districts
N&B Co, LLC Quality Oil Company, LLC	Lot 2 as show on Recombination and Easement Plat – Properties of N&B CO., LLC and Quality Oil Company, LLC , recorded in Wake County Book of Maps 2011, Page 0116 on February 4, 2011	3.67	Industrial (I) and PDD (Minor)

Section 2: That this Property is rezoned from PDD (Minor) and Industrial to PDD (Minor) 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:

Original Zoning Conditions
There shall be one full-service access on NC 54 and Trinity Road as indicated on the Master Land Use Plan. There shall be one right-in/right-out access on NC 54 as indicated on Master Land Use Plan

1. All structures located on this site shall be architecturally compatible. Furthermore, the site will have a unified site design and a master plan will be submitted for the entire site with the first site plan submission.

2. The site will have uniform and complementary signage and graphics.

3. Permitted land uses are as indicated on the Master Land Use Plan.

4. Noxious plants and weeds will be under-cleared in the 30-foot natural buffer. If there is no existing vegetation, a mix of pines and hardwoods will be added at 1 -1 ½ inch caliper every 50 feet

5. An access easement will be provided at the northern most property line.

6. The right-in/right-out drive located on NC54 is contingent upon NCDOT approval. IF NCDOT does not approve the drive, it will be eliminated from the plan.

7. Hotel includes associated uses such as conference meeting rooms, restaurant, lounge and retail gift shop.

8. Final acreages to be determined by survey.

Additional Zoning Conditions Per PDD Amendment 10-REZ-07

9 Eliminate Original Zoning Conditions #6 (no longer applicable due to expansion of PDD District by this rezoning) and #7 (no longer applicable since right-in-right-out drive has been approved and constructed).

10. Land Uses in Phase II shall be limited to retail and office (general and medical) uses, not to exceed a combined total of 50 peak hour trips per day.

11. Phase II minimum building setbacks from Chapel Hill Road and Trinity Road shall be 30 feet where no parking is provided between the building and the right-of-way, and 50 feet where parking is provided between the building and the right-of-way.

12. Phase II minimum building setbacks from private drives shall be 15 feet

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: March 10, 2011

________________________________________
Harold Weinbrecht, Jr.
Mayor

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Date