Town of Cary , North Carolina
Rezoning Staff Report 
10-REZ- 18  1405 Old Apex Road (Old Apex Investments) 
Town Council Meeting
May 12, 2011

 

To Amend the Town of Cary Official Zoning Map to rezone a portion of a parcel located at 1405 Old Apex Road from Residential 40 (R-40) and General Commercial (GC), to General Commercial Conditional Use (GC-CU) and apply zoning conditions related to land use and building height to the portion of the parcel located outside of the railroad right-of-way.

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 ParcelNumber(s) (10-digit)	Real Estate ID(s)	Acreage
Old Apex Investments, LLC 1208 Crabtree Crossing Morrisville NC	0753741749 Portion*	0087282 Portion*	± 3.25
*  portion outside of CSX railroad right-of-way Total Area			± 3.25

 

The subject property is the site of the former Cary Inn/Knotty Pine Motor Court, which was demolished in 2008.  

 

 According to a 2007 survey provided by the applicant, the total parcel size is approximately 4.48 acres, 1.23 acres of which is located in the right-of-way of the CSX railroad.  Of the remaining 3.25 acres, approximately 2.12 acres are currently zoned General Commercial (GC), and 1.13 acres are currently zoned R-40.  The GC portion of the site contained the former Cary Inn/Knotty Pine Motor Court. 

 

The applicant is requesting that the southern portion of the parcel be rezoned from R-40 to GC-CU.  The northern portion of the property is currently zoned GC, and is also proposed to be rezoned to GC-CU.  Proposed zoning conditions would: limit land use on site to one or more single-story office buildings totaling no more than 25,000 square feet; limit building height to one story (35 feet); and provide an opaque buffer adjacent to the railroad right-of-way.  

 

 

Applicant	Rodulfo Salman Old Apex Investments, LLC
Agent	Rusty Long, Davenport Architecture
Acreage	± 3.25
Location	1405 Old Apex Road
Tentative Schedule	Public Hearing February 24, 2011	Planning & Zoning Board April 11, 2011	Town Council Decision May 12, 2011
Land Use Plan Designation	Commercial Low Intensity (CLI) and Office/Industrial (OFC/IND)
Existing Zoning District	General Commercial (GC) Residential 40 (R-40)
Proposed Zoning District	General Commercial Conditional Use (GC-CU)
Proposed Zoning Conditions	1. Land use shall be limited to a maximum of 25,000 square feet of office space 2. Buildings shall be limited to 1 story, with height not to exceed 35 feet. 3. An evergreen hedge consisting of material such as arborvitae or cryptomeria japonica shall be provided adjacent to the railroad right-of-way along the portion of the lot adjacent to new construction.
Town Limits	Yes
Valid Protest Petition	To be determined prior to the public hearing.
Staff Contact	Mary Beerman (919) 469-4342 mary.beerman@townofcary.org

 

 

Streams:  The Town of Cary GIS maps indicate about 0.14 acre of urban transition buffer on the site, associated with the existing pond on the opposite side of Old Apex Road.

 

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 Uses:
North -  Town of Cary Fire Station #4 (PDD zoning district)
South -  Garden Supply Company (ORD-CU zoning district)
East -   CSX railroad; Scottish Hills North (R-8 zoning district) on opposite side of railroad
West – Vacant and single-family residential (R-40 zoning)

 

 

Land Use   Office use is a permitted use in the General Commercial zoning district.

Density and Dimensional Standards

 

	Existing Zoning District - R-40	Existing Zoning District GC	Proposed Zoning District GC-CU
Min. Lot Size	40,000 sq. ft.	None
Min. Lot Width (with public sewer)	125 ft. (corner lot:135 ft).	Not Applicable
Front Yard Setback	50 ft.	No parking spaces between building & right-of-way:30 ft. Parking provided between building & right-of-way: 50 ft
Side Yard Setback	15 ft.	None
Rear Yard Setback	30 ft.	None
Max. Building Height	35 ft. (NOTE:  Height may be increased by one foot for every foot provided in addition to the minimum setbacks)	Within 100 feet of a residential district:  35 feet plus one foot for every foot provided in addition to minimum setback More than 100 feet from a residential district:  50 feet plus one foot for every foot provided in addition to minimum setback	Proposed Zoning Condition:  Buildings shall be limited to 1 story, with height not to exceed 35 feet.

 

Perimeter Buffer
A 20-foot Type C aesthetic buffer is required adjacent to the north and south property boundaries and adjacent to the railroad right-of-way.   The applicant has proposed a zoning condition to plant native evergreen vegetation where needed to provide an opaque buffer adjacent to the railroad along the portion of the lot adjacent to new construction. 

 

Streetscape
A 30-foot streetscape is required along Old Apex Road. 

 

Traffic
The parcel currently has two zonings.  The 2.13-acre portion of the parcel is zoned general commercial and the 1.13-acre portion of the parcel is zoned R-40.  Using the ITE Trip Generation Guidelines, it would appear that the 2.12-acre portion could generate 62 am and 225 pm peak hour trips if it was developed with a 21,200 SF shopping center using ITE Code – 820 – Shopping Center.  Using the ITE Trip Generation Guidelines, it would appear that the 1.13 acre portion could generate 1 am and 2 pm peak hour trips if it was developed using ITE Code – 210 – Single-Family Dwelling Units. Under the current zoning, the present zonings of the entire 3.25-acre parcel would total 63 am and 227 pm peak hour trips.  With the proposed zoning, the 3.25-acre parcel is being limited to 25,000 SF of medical office.  This would generate 93 am and 112 pm peak hour trips using ITE code 720.  If the proposed zoning would generate 50 or more peak hour trips over the existing zoning, then a traffic study would be required.  There is an increase in AM peak hour trips of 30 and a decrease in PM trips of 115 trips.  Since neither AM or PM peak hour is increased by 50 trips, no traffic study would be required for the rezoning.  However, since the office still generates over 50 peak hour trips, a traffic study would be required prior to site plan.

Notification
On February 8, 2011, 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 February 9 and 16, 2011. Notice of the public hearing was posted on the property February 8, 2011. 

 

Neighborhood Meeting
Based on materials supplied by the applicant, the required neighborhood meeting was held on December 1, 2010.   No citizens attended.

Town Council Public Hearing
The public hearing was held on February 24, 2010. One speaker representing the applicant 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 proposed rezoning request at its April 11, 2011 meeting and recommended approval by a vote of 8-0. Staff answered questions and provided clarification concerning building height, the protest petition (invalid) that was submitted, required road improvements, public transit, and clearing within the railroad right-of-way.

 

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	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
The Land Use Plan, a volume of the Town of Cary Comprehensive Plan, designates the parcel as Commercial Low Intensity (CLI) on the northern half and Office/Industrial (OFC/IND) on the southern half.  Thus, the type of use requested by the applicant conforms to the types envisioned 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.  R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
2.  A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.
3.  Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.

Affordable Housing Plan
The Affordable Housing Plan is not relevant to this case. 

 

Comprehensive Transportation Plan

Old Apex Road is designated as a Major Thoroughfare

Existing Section:  24-foot, two-lane, undivided, shoulder section on approximately 60-foot ROW (widens to three lanes with  striped median on northern portion for approach to W Chatham Street intersection)

Future Section:  Five-lane, undivided section with curb & gutter (69’ roadway, 91’ ROW)

Sidewalks:   Existing – None
                        Future – Both sides (Pedestrian Plan priority corridor)

Bicycle Lanes:  Existing – None 
                             Future – Wide outside lanes per Standard Specifications

Transit:  No transit requirements

Status of Planned Improvements:  No improvements planned currently

 

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

 

Historic Preservation Master Plan
The Historic Preservation Master Plan is not relevant to this case. 

 

 

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 unusual shape of the parcel, being pinned in between Old Apex Road on the west and the Railroad tracks on the east, keeps the southern portion of the lot from being developed as the current R40 zoning. A combination of buffer requirements, setbacks, and road easements leave this area with less than fifteen feet of buildable area in the southern portion of the lot.

 

2.  How is the request compatible with the comprehensive plan (i.e., Land Use, Transportation, Open Space and Historic Resources)? 
Response:   The town’s Land Use Plan makes no specific provision for the site, which lies south of Chatham street, and is bordered on the north and south by Office / Institutional and Office / Industrial respectively.

 

3.  What are the benefits and detriments to the owner, neighbors and the community?
Response:  By rezoning the southern portion of the property from R40 to GC (to match the northern portion of the property) the entire property can now be developed, maximizing the usable land on the north portion, and utilizing the south portion as both green space and for stormwater requirements. Required buffers between zonings would make any development to the north portion of the lot (with the split-zoning) unfeasible. On the other hand, a single GC zoning throughout the site will allow the owner to provide ample pervious area and filtration for a small commercial property. The neighbors will benefit from both the services and businesses which occupy the new commercial spaces, as well as the infilling of the lot, which was previously occupied by the derelict, and eventually condemned, Cary Inn.

 

 

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:  Our proposed GC zoning is compatible with the directly adjacent Office / Institutional Properties and Commercial properties to the North, and Office / Industrial property to the south. It is buffered by the railroad property to the east, and by Old Apex Road to the residential properties on either side.

 

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-18 1405 Old Apex Road (Old Apex Investments)

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.25 ACRES LOCATED AT 1405 OLD APEX ROAD OWNED BY OLD APEX INVESTMENTS, LLC BY REZONING FROM RESIDENTIAL 40 (R-40) AND GENERAL COMMERCIAL (GC) 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(s)	County ParcelNumber(s) (10-digit)	Real Estate ID(s)	Acreage
Old Apex Investments, LLC 1208 Crabtree Crossing Morrisville NC	0753741749 Portion*	0087282 Portion*	± 3.25
*  portion outside of CSX railroad right-of-way Total Area			± 3.25

 

Section 2:  That this Property is rezoned from R-40 AND GC to 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.  Land use shall be limited to a maximum of 25,000 square feet of office space
2.  Buildings shall be limited to one story, with height not to exceed 35 feet.
3.  An evergreen hedge consisting of material such as arborvitae or cryptomeria japonica shall be provided adjacent to the railroad right-of-way along the portion of the lot adjacent to new construction. 

 

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 12, 2011

 

________________________________________
Harold Weinbrecht, Jr.
Mayor

 

 

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