10-REZ-10 Northwoods PDD Amendment
Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-10 Northwoods PDD Amendment at NW Maynard Road
Town Council Meeting
January 11, 2011
REQUEST
To amend the Town of Cary Official Zoning Map by amending the zoning conditions for a 1.92 acre portion of the existing Northwoods PDD.
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.
SUBJECT PARCELS
|
Property Owner(s) |
County Parcel Number(s) |
Real Estate ID(s) |
Deeded Acreage |
|
Gateway Bank & Trust Co. |
0764-05-8705 |
0316141 |
1.92 ± |
|
Total Area |
1.92 ± |
BACKGROUND INFORMATION
|
Applicant |
John P. Logan and David A. Logan c/o Nexsun Pruet, PLLC | ||
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Agent |
Thomas H. Johnson, Jr. Nexsen Pruet, PLLC | ||
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General Location |
1904 NW Maynard Road | ||
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Schedule |
Public Hearing |
Planning & Zoning Board |
Town Council |
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Land Use Plan Designation |
Commercial (COM), Northwest Maynard Activity Center Area Plan | ||
|
Existing Zoning District(s) |
Planned Development District (PDD) Major | ||
|
Proposed Zoning District(s) |
Planned Development District (PDD) Major | ||
|
Town Limits |
Yes | ||
|
Valid Protest Petition |
No | ||
|
Staff Contact |
Debra Grannan(919) 460-4980 | ||
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EXISTING AND PROPOSED ZONING CONDITONS |
|
1. Permitted uses include restaurants or food service establishments without drive-through window facilities; however, a coffee shop may utilize a drive-through window. Fast food restaurants with drive-through windows and night clubs and bars are not allowed. |
1. Permitted uses shall be limited to:
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2. The following uses shall be prohibited:
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2. Architecture will be similar/compatible with Lowe’s building |
3. Architecture will be similar and compatible with Lowe’s building. |
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3. There will be no parking between the building and Chapel Hill Road or Maynard Road; however, there may be a drive-through lane between the building and either/or both roads |
4. There shall be no parking between the building and Chapel Hill Road or NW Maynard Road; however, there may be a drive-through lane between the building and either or both roads. |
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4. There will be a minimum of 2,000 square feet of outdoor gathering dining spots, sitting areas and similar features. This outdoor area will be provided at the main entrances to the building |
5. There shall be a minimum of 2,000 square feet of outdoor gathering dining spots, sitting areas and similar features. This outdoor area shall be provided at the main entrances to the building. |
SITE CHARACTERISTICS
The subject property was developed under approved Town of Cary Site Plan 06-SP-020 (Shoppes at Evans Road) in April 2006 for use for restaurants and a coffee shop.
Streams: According to Cary GIS maps, the site is impacted by a stream buffer. The approved development plan for the subject property included a grading and erosion control plan that further evaluated actual field conditions.
Floodplain: According to Cary GIS maps, there is no floodplain area on the subject property.
Existing Land Use: Retail sales and service (Restaurant and coffee shop.)
Surrounding Land Uses:
North: Park
South: Institutional (Bank)
East: Vacant
West: Retail Sales and Service
CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
Density and Dimensional Standards
No changes are proposed to the existing streetscape buffers, perimeter buffers, building size or infrastructure in association with this request.
Traffic
Summarized below is the estimated trip generation of the existing uses on the site, which is approximately 5,755 square feet of heated space.
Existing Zoning/Allowed Uses Estimated Trips
|
Use |
24-Hr. Two-Way Volume |
A.M. Peak Hour |
P.M. Peak Hour |
|
Coffee Shop w/ Drive Thru (Starbucks, ±1,990 sf) |
1,629 |
220 |
86 |
|
Fast Food Restaurant w/o Drive Thru (Jimmy Johns, ± 1,480 sf) |
1,060 |
65 |
39 |
|
High Turnover Sit Down Restaurant (vacant, ±2,285sf) |
291 |
27 |
25 |
|
Total |
2,980 |
312 |
150 |
Summarized below is the estimated trip generation if entire site were utilized for Office (proposed zoning allowable use) Estimated Trips
|
Use |
24-Hr. Two-Way Volume |
A.M. Peak Hour |
P.M. Peak Hour |
|
Office (5,755 sf) |
208 |
13 |
20 |
Summarized below is the estimated trip generation if entire site were utilized for Retail (proposed zoning allowable use). Estimated Trips
|
Use |
24-Hr. Two-Way Volume |
A.M. Peak Hour |
P.M. Peak Hour |
|
Retail (5,755 sf) |
284 |
39 |
36 |
Comparing the trip generation of existing uses currently allowed by zoning on the entire site to potential land use categories requested to be added in the rezoning case indicates that the relatively small amount of retail and office potential will not increase traffic; therefore, no traffic study is necessary during the rezoning process in accordance with our Adequate Public Facilities for Roads ordinance.
For informational purposes, the intersection of Maynard Road and Chapel Hill Road was declared in 2003 by Town Council to have a maximum daily “trip” bank assigned to each quadrant of the intersection. As development occurred in these quadrants, the uses that were to be considered were expected to not exceed the assigned “trip” bank. Based on our records, the Lowe’s Shopping Center quadrant was assigned approximately 5,528 daily trips to be used collectively by the Lowe’s Home Improvement Store and the out-parcel identified for this rezoning case. Further research findings from a previously approved traffic study for Lowe’s Shopping Center (02-TAR-142) indicated that the out-parcel was predicted to generate approximately 730 daily trips. The collective daily trips currently estimated for the Starbucks and Jimmy John’s restaurants that currently occupy a portion of the building, exceeds the “trip” bank threshold of 730 daily trips allocated for this intersection quadrant.
SUMMARY OF PROCESS AND ACTIONS TO DATE
Neighborhood Meeting
Based on materials supplied by the applicant, a neighborhood meeting (as required by the LDO) was held on August 25, 2010 The applicant reported that no one other than the representatives of the property owners attended.
Notification
On, October 12, 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 October 13 and 20, 2010. Notice of the public hearing was posted on the property October 13, 2010.
Town Council Public Hearing (October 28, 2010)
Staff presented the request and noted that no changes to the infrastructure, buildings or landscape buffers on the existing site were proposed. Staff also noted that there had been no comments or protests received from adjacent property owners. The applicant reported that the proposed zoning conditions are intended to provide more flexibility to a vacant tenant space, but would still place specific use limits on the subject property to minimize the impact on neighbors. No one else spoke at the public hearing.
Following the public hearing, a council member asked for verification that an expansion of uses on the subject property would not create the need for additional parking. Staff confirmed that additional parking would not be required. Parking was constructed for the previously approved site plan. No additional floor area is being added to the site with this proposal. Council forwarded the request to the December 20, 2010 Planning and Zoning Board Meeting.
Planning and Zoning Board Meeting (December 20, 2010)
Staff presented the request and re-emphasized that no site modifications were proposed with the case. One board member suggested, for clarification, the word “window” be replaced with “service” when referring to drive-thru facilities. The applicant agreed with this suggestion, and the zoning condition was modified to reflect this.
The Planning and Zoning Board voted unanimously 9-0 to forward a recommendation for approval to the Town Council.
APPROVAL 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 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.
APPLICABLE COMPREHENSIVE OR AREA PLAN REQUIREMENTS
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Comprehensive Plan Element |
Consistent |
Not Consistent |
Not Applicable |
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Land Use Plan |
P |
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Parks, Recreation, and Cultural Resources Facility Master Plan |
P |
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Growth Management Plan |
P |
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Affordable Housing Plan |
P | ||
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Comprehensive Transportation Plan |
P |
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Open Space Plan |
P | ||
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Historic Preservation Master Plan |
P |
Land Use Plan and/or area plan
The subject parcel is located within the boundaries of a special area plan, the 2003 Northwest Maynard Activity Center Land Use Plan (last amended in 2006). The plan designates the parcel as commercial/retail, in conjunction with the adjacent Lowes Home Improvement Store site. Thus, the type of uses requested by the applicant conform to the types envisioned by the area plan.
The area plan is unique in that it also recommends an overall “trip budget” for the entire activity center, encompassing all four quadrants of the intersection of Chapel Hill Road and NW Maynard Road. In particular, the plan recommends that the entire activity center should not exceed more than about 12,900 ADT (Average Daily Trips) on weekdays, and about 13,500 ADT on Saturdays.
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.
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.
Comprehensive Transportation Plan
Chapel Hill Road is designated as a major thoroughfare.
Existing Section: 4 through lanes with separate turn lanes on westbound approach
Future Section: 4 lanes with a landscaped median, east of NW Maynard Road
Sidewalks: Standard sidewalk on south side of road, 10-foot multi-use trail on north side
Bicycle Lanes: Wide outside lanes
Transit: Chapel Hill Road is not presently served by C-Tran or Triangle Transit bus service.
Status of Planned Improvements: No current Town of Cary project funded.
NW Maynard Road is designated as a major thoroughfare.
Existing Section: 4 through lanes with turn lanes, concrete median.
Future Section: 6 through lanes with landscaped median, north of Chapel Hill Road
Sidewalks: On both sides of street (existing)
Bicycle Lanes: Wide outside lanes
Transit: NW Maynard Road is served by fixed-route C-Tran bus service.
Status of Planned Improvements: No current Town of Cary projects funded.
Parks And Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan a 10-foot-wide multi-use trail is recommended along the north side of Chapel Hill Road, and a 10-foot greenway trail is recommended along the east side of NW Maynard Road. Both of these facilities have already been constructed as part of initial site development in 2005-2006.
Open Space Plan
The open space inventory associated with the Open Space Plan does not identify any significant natural resources for the subject parcels. Further, the site has already been developed and native vegetation no longer remains on the site.
Historic Preservation Master Plan
The Historic Preservation Master Plan is not relevant to this case. The site is already developed with a new structure dating from 2006.
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: There are no issues with the physical characteristics of the site. The building on the out-parcel already exists and is compatible with the physical characteristics of the site and adjacent tract.
2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: The request is compatible with the Comprehensive Plan. The site has the Land Use Plan Designation of Commercial (COM). The requested additional uses are included within the Commercial designation. The additional uses will not increase traffic or impact in any way open space or historic resources.
3. What are the benefits and detriments to the owner, neighbors and the community?
Response: This is not a rezoning but is an amendment to the allowed additional uses on the property. The Requested additional uses are consistent with the development of this property as an Outparcel in a retail setting at a major intersection. A portion of the building at this location has been vacant for quite some time. The additional uses will allow more flexibility in leasing the vacant space but will not impact the neighborhood and community since the requested uses are consistent with the Commercial designation of the property and will not create an increase in traffic. The requested uses are also compatible with the uses anticipated by Lowe’s in the development of this Outparcel.
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 adjacent tract is developed as commercial/retail and this intersection is a focal point of commercial development. The requested additional uses are consistent with the current use of this property as an Outparcel in a commercial/retail development and will be supporting uses to the development. The requested uses are consistent with the designation and development of this property as Commercial. The requested uses will allow more flexibility in the leasing of the space in the existing building without changing the character of the existing development and PDD. The uses are consistent with a retail service center to service the residential communities within the PDD.
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 are proposed.
ORDINANCE FOR CONSIDERATION
10-REZ-10 NORTHWOODS PDD AMENDMENT AT NW MAYNARD ROAD
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY BY AMENDING ZONING CONDITIONS FOR A 1.92-ACRE PORTION OF THE EXISTING NORTHWOODS PLANNED DEVELOPMENT DISTRICT (PDD) LOCATED AT 1904 NW MAYNARD ROAD
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) |
Real Estate ID(s) |
Deeded Acreage |
|
Gateway Bank & Trust Co. |
0764058705 |
0316141 |
1.92 ± |
|
Total Area |
1.92 ± | ||
Section 2: That this Planned Development District (PDD) is amended 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. Permitted uses shall be limited to:
- Restaurants or food service establishments without drive-through service facilities; however, a coffee shop may utilize a drive- through service.
- Financial institutions without drive-through service;
- Office, business or professional
- Retail sales and service.
2. The following uses shall be prohibited:
- Fast food restaurants with drive-through service
- Nightclubs
- Bars
- ABC Store
- Convenience Store
- Farm Market
- Funeral Home
- Adult business
- Massage parlor
- Gambling establishment or betting parlor
- Telephone call centers.
3. Architecture will be similar and compatible with Lowe’s building.
4. There shall be no parking between the building and Chapel Hill Road or NW Maynard Road; however, there may be a drive-through lane between the building and either or both roads.
5. There shall be a minimum of 2,000 square feet of outdoor gathering dining spots, sitting areas and similar features. This outdoor area shall be provided at the main entrances to the building.
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: January 11, 2011
________________________________________
Harold Weinbrecht, Jr.
Mayor
______________________________
Date