Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-13 Cooke Property
Town Council Meeting
April 14, 2011

To amend the Town of Cary Official Zoning Map by rezoning approximately 8.4 acres located at 3890 NC 55 Highway from Residential 40 (R-40) to Office/Research and Development - Conditional Use (ORD-CU). The conditions, proposed by the applicant, are listed in the background information portion of this report.

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
Dorothy W. Cooke 121 Franklin Hills Place Cary, NC 27519	0735726346 portion	0014628 portion	± 8.4
Total Area			± 8.4

The subject request proposes to rezone an 8.4-acre portion of an 18.39-acre parcel, located along both sides of NC 55 Highway south of Morrisville Carpenter Road, from Residential 40 (R-40) to Office/Research and Development, with a zoning condition to limit building height to two stories (35 feet).

The subject property is located on the east side of NC 55 Highway about 600 feet south of Morrisville Carpenter Road, bounded by the CSX railroad to the east and property containing a Town of Cary water tower to the south. The portion of the parcel north of the area included in this rezoning request includes 3.18 acres rezoned to General Commercial - Conditional Use (GC-CU) as part of rezoning case number 09-REZ-03.

Applicant & Agent	Glenda Toppe, Jerry Turner & Associates 905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150
General Location	East side of NC 55 Highway, approximately 600 feet south of Morrisville Carpenter Road
Acreage Boundary Survey	8.4 acres of 18.39 acre parcel Of the remaining 9.97 acres not subject to this request, 3.18 acres on the east side of NC 55 Highway were rezoned to General Commercial Conditional Use (GCCU) on August 11, 2010 as part of rezoning case number 09-REZ-03. The remaining 6.79 acres located on the west side of NC 55 Highway remains in the R-40 zoning district.
Tentative Schedule	Public Hearing December 16, 2010	Planning & Zoning Board March 21, 2011	Town Council April 14, 2011
Land Use Plan Designation	Office/Industrial (OFC/IND) or Office/Institutional (OFC/INS)
Existing Zoning District	Residential 40 (R-40)
Existing Zoning Conditions	None
Proposed Zoning District(s)	ORD-CU
Proposed Zoning Conditions	1.  Two-story height limit 2. Type B (semi-opaque) buffer adjacent to the railroad, enhanced by reducing the maximum separation between shrubs from 8 feet to 5 feet
Town Limits	The property is located outside Cary’s corporate limits but inside the ETJ. In accordance with the LDO, annexation will be required at the time of development plan review.
Valid Protest Petition	To be determined prior to the public hearing.
Staff Contact	Mary W. Beerman, AICP (919) 469-4342 mary.beerman@townofcary.org

Streams: Town of Cary GIS maps depict a 100-foot Urban Transition Buffer along the northern portion of the subject property. Field verification is required at the time of development plan review.

Floodplain and Wetlands: None shown on the Town of Cary GIS maps. Verification of this is required at the time of development plan review.

Surrounding Land Use(s): Vacant
North – 3.18-acre portion of parcel rezoned to GC-CU (09-REZ-03)
South – Town of Cary water tower
East – The CSX railroad borders the eastern edge of the subject property. East of the railroad is single-family residential and vacant land.
West – 6.79 acre portion of the parcel on the opposite side of NC 55 Highway currently, zoned R-40 and not included in this rezoning request.

Land Use:

COMPARISON OF USES ALLOWED IN EXISTING AND PROPOSED ZONING DISTRICTS P: Uses Permitted By Right S: Uses Requiring Approval of a Special Use Permit
Land Use	EXISTING(R-40)	PROPOSED (ORD)	USE-SPECIFIC STANDARDS
New uses allowed if requested rezoning is approved
Dormitory		P	5.2.1(C)
Life care community		S	5.2.1(E)
Nursing home		S	5.2.1(G)
Caretaker's residence		P	5.2.1(B)
Residential use in non-residential building		P	5.2.1(I)
Hospital		P
College		P
Transportation facility		P
Veterinary hospital/office, with indoor kennel		P	5.2.3(O)
Veterinary hospital/office, with outdoor kennel		S	5.2.3(O)
Club, lodge, or hall		P	5.2.2(E)
Bank, with drive-through service		P
Bank, without drive-through service		P
Restaurant, indoor operation		P	5.2.3(K)
Office, business or professional		P
Radio or TV broadcasting studio		P	5.2.3(L)
Hotel or motel		P
Amusement establishment		S
Commercial indoor recreational facility		S	5.2.3(F)
Golf driving range		S
Outdoor amphitheater, commercial		S
Convenience store		P	5.2.3(B)
Farm market		P
Postal center, private		P	5.2.3(I)
Personal service establishment		P	5.2.3(K)
Retail store		P	5.2.3(K)
Sexually oriented business		S	5.2.3(M)
Trade school		P	5.2.3(S)
Parking lot		P	5.2.3(J)
Parking structure		P
Auto sales/rental		P	5.2.3(Q)
Towing and vehicle storage		S
Vehicle repair, heavy		S	5.2.3(N)
Vehicle service, light		S	5.2.3(N)
Research laboratory		P
Manufacturing, light		P
Prototype process and production plant		P
Other building-mounted antennae and towers		P	5.2.4(D)
Mini-storage		S
Warehousing and distribution establishment		P
Wholesale establishment		P
Uses no longer allowed if the requested rezoning is approved
Group home	P		5.2.1(D)
Boarding house	S/P		5.2.1(A)
Detached dwelling	P		5.2.1(M)
Manufactured home	P		5.2.1(K)
Day care home, large	S		5.2.2(B)
Day care home, small	P		5.2.2(B)
Agri-Tourism	P
Farming, general	P
Forestry	P
Produce stand	P		5.2.3(C)
Neighborhood recreation center, indoor/outdoor, private	P		5.2.3(F)
Golf course, privately-owned	S
Uses allowed in both existing and proposed zoning districts
Cemetery	S	S
Library	S	P
Museum	S	P
Day care center	S	P	5.2.2(B)
Governmental office	S	P
Public safety station	P	P
Public utility facility	P	P
Athletic field, public	P	P	5.2.2(A)
Community garden	P	P
Outdoor amphitheater, public	S	S
Park, public	P	P
Neighborhood recreation center, public	P	P	5.2.2(D)
Resource conservation facility	P	S
Religious Assembly	S/P	P	5.2.2(E)
Pre-school	S	P
School	S/P	S	5.2.2(C)
Utility facility, major	S	S
Utility substation, minor	P	P
Kennel, indoor only	S	P	5.2.3(E)
Kennel, indoor/outdoor	S	P	5.2.3(E)
Athletic field, private	P	S	5.2.3(A)
Antenna co-location on existing tower	P	P	5.2.4(D)
Concealed (stealth) antennae and towers	S	P	5.2.4(D)
Other freestanding towers	S	S/P	5.2.4(D)

Density and Dimensional Standards:

	ORD Zoning District	R-40 Zoning District
Max. Gross Density	Not Applicable	1.08 du/acre
Min. Lot Size	None	40,000 sq. ft.
Minimum Lot Width	None	125 feet
Front Yard Setback	30 feet	50 feet
Side Yard Setback	None	15 feet
Rear Yard Setback	None	30 feet
Maximum Building Height	35 feet if within 100 feet of a residential zoning district, 50 feet (may be increased by 1 foot for every foot provided in addition to minimum setback) Proposed Zoning Condition: The applicant has proposed a zoning condition to limit the building to two stories, with a height limit of 35 feet.	35 feet (may be increased by 1 foot for every foot provided in addition to minimum setback)

Landscape Buffer
Perimeter buffers are required between different land uses or properties with different ownership. Depending on the specific use proposed when the site plan is submitted, the width of the required buffers could range from 20 to 50 feet.

Streetscape
In accordance with Chapter 7 of the LDO, a 30-foot streetscape is required along NC 55 Hwy.

Traffic
A traffic study (08-TAR-290) was conducted by HNTB for the Cooke Property that analyzed four phases of construction with a 2013 build out. The assumptions included in the traffic study included development of potential commercial uses on the subject property as well on the 8.16 acres included in rezoning case number 09-REZ-03.

Phase One consisted of: a 14,700 SF pharmacy, a 4,000 SF fast food restaurant, a 5,750 SF bank with three drive-thru lanes, and an 84,000 SF self-storage facility.
Phase Two consisted of: a 5,000 SF fast food, a 5,750 SF bank with 4 DT lanes and 21,900 SF of retail.
Phase Three of construction is a 5,000 SF fast food and 21,000 SF retail
Phase Four of construction was 30,000 SF of retail.

The total square footage analyzed was 113,100 SF of commercial and 84,000 SF of mini-warehouse. The current proposal doesn’t specify specific square-footage limits, so therefore it can not be determined if this traffic study is consistent with the rezoning proposal at this time.

The following is a list of mitigation required from the traffic study:
Construct a 3^rd SB through lane along NC 55 from 1200 feet north of the intersection with Carpenter Fire Station Road to Morrisville Parkway.

1. Construct a 3^rd NB through lane along NC 55 from 1200 feet south of Green Hope School Road to 2000 feet past Carpenter Fire Station Road.
2. At the intersection of NC 55 and Carpenter Fire Station Road, construct two 200-foot WB left turn lanes and a 350-foot NB left turn lane.
3. At the intersection of NC 55 Hwy and Indian Wells Road, construct a 300-foot SB left turn lane, a 150-foot right turn lane, a WB left turn lane, a WB shared left through lane and a 125-foot WB right turn lane.
4. At the intersection of NC 55 and Morrisville Parkway, construct a 500-foot left turn lane
5. At the site access driveways #1, #2, #3, #4, #5, construct 100-foot right turn lanes.
6. At site access #3, construct 200-foot-long, two-way left turn lanes.

Please note the traffic study included assumptions that several Town of Cary transportation projects and developer projects were moving forward at the time the study was completed and since that time, some of them have been delayed or postponed indefinitely.

During staff discussions with the applicant, an updated traffic study may be pursued since the applicant plans to proceed with less development than initially anticipated in the traffic study.

Notification
On November 30, 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 December 1 and 8, 2010. Notice of the public hearing was posted on the property on December 1, 2010.

Neighborhood Meeting
Based on materials supplied by the applicant, the required neighborhood meeting was held on October 12, 2010 and was attended by two citizens. Issues discussed included the types of uses permitted in the ORD district, access and the proposed 2-story height limit.

Town Council Public Hearing
The public hearing was held on December 16, 2010. Staff noted that the Carpenter Community Plan indicated an evergreen hedgerow between the subject property and the adjacent Carpenter Community. There were no speakers at the public hearing other than the applicant. There were no questions or comments from council members.

Changes Since the Public Hearing
To ensure consistency with the intent of the Carpenter Community Plan, the applicant has proposed an additional condition to require a Type B buffer adjacent to the railroad, enhanced by reducing the maximum separation between shrubs from 8 feet to 5 feet.

Planning and Zoning Board Meeting
The Planning and Zoning Board considered the request at its March 21, 2011 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 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
A. Land Use Plan	X
B. Parks, Recreation, and Cultural Resources Facility Master Plan	X
C. Growth Management Plan	X
D. Affordable Housing Plan			X
E. Comprehensive Transportation Plan	X
F. Open Space and Historic Resources Plan	X
G. Historic Preservation Master Plan	X

A. Land Use Plan
The governing land use element of Cary’s Comprehensive Plan for the subject parcel is the Carpenter Community Plan, originally adopted in September 2005. As per the Carpenter Community Plan, the future land use designation for this site is Office/Industrial (OFC/IND) or Office/Institutional (OFC/INS).

Office/Industrial (OFC/IND) uses include a wide range of employment-generating office, light industrial, research and development, and “clean” manufacturing uses. A limited selection of institutional and commercial uses (such as banks, personal services, hotels/motels) supporting large office/industrial regions on the Carpenter Community Plan may also be appropriate.

Office/Institutional (OFC/INS) uses include all types of office and institutional uses. Examples include corporate and professional offices (large and small), general business offices, clinics, nursing homes, banks, churches, schools, daycare, government offices, and so forth. A limited selection of commercial uses (such as banks, restaurants, personal services) supporting the actual office and institutional uses in an area may also be appropriate.

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

A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.

C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that are 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.

D. Affordable Housing Plan
The Affordable Housing Plan is not applicable to this case.

E. Comprehensive Transportation Plan
NC 55 Highway is designated as a Major Thoroughfare
Existing Section: 4-lane section with 21-foot landscaped median, wide shoulders, partial curb & gutter
Future Section: 4-lane section with landscaped median,
Sidewalks: None existing, proposed multi-use trail
Bicycle Lanes: Wide shoulders, proposed multi-use trail
Transit: Existing TTA Route 311 Peak Bus route serves NC 55, no existing or future C-Tran service
Status of Planned Improvements: No planned improvements

F. Open Space Plan
According to the Open Space Plan, there are mixed upland hardwoods at the northern end of the subject property.

G. Historic Preservation Master Pan
No significant historic structures have been identified on this property.

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 tract is of ample size to accommodate the requested ORD development. Given the size and the location of the property, the uses permitted in ORD are appropriate for the parcel.

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 Carpenter Community Plan calls for Office/Light Industrial. The ORD zoning category allows these types of uses.

3. What are the benefits and detriments to the owner, neighbors and the community?
Response: As stated above, the proposed rezoning will provide additional support services for the area. The parcels are bounded by roads, the railroad and the Town of Cary water tower on all sides, thus minimizing any impact to surrounding properties. Given the constraints of the site, the uses permitted in the proposed rezoning are a good fit for the property. Furthermore, the Town’s Land Development Ordinance (LDO) will adequately protect the adjacent property owners.

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 and the development patterns in the area, the allowable uses in ORD are appropriate. There is good separation between the potential ORD uses and existing and planned residential uses. Good land use planning principles typically advocate and support the development of this type of use in this type of location. The interests of the residential property owners will be adequately protected by the provisions of the LDO and the conditions of the 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: N/A

ORDINANCE FOR CONSIDERATION

10-REZ-13 Cooke Property

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 8.4 ACRES LOCATED AT 3890 NC 55 HWY OWNED BY DOROTHY W. COOKE BY REZONING FROM RESIDENTIAL 40 (R-40) TO OFFICE/RESEARCH AND DEVELOPMENT - CONDITIONAL USE (ORD-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(s)	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
Dorothy W. Cooke 121 Franklin Hills Place Cary, NC 27519	0735726346 portion	0014628 portion	± 8.4
Total Area			± 8.4

Section 2: That this Property is rezoned from R-40 to ORD-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. Building height shall be limited to two stories (35 feet).
2. A Type B (semi-opaque) buffer shall be provided adjacent to the railroad. The buffer shall be enhanced by reducing the maximum separation between shrubs from 8 feet to 5 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:  April 14, 2011


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Harold Weinbrecht, Jr.
Mayor

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