2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

a.   Rezoning 06-REZ-32, Oxxford Hunt Planned Development District (PDD) Amendment
Location: 1206 W. Chatham Street
Current zoning: Planned Development District (PDD)
Requested zoning: PDD Amendment to allow a nursing home or assisted living facility
Acreage: 3.68 +
Presenter: Mr. Dan Matthys
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: Unanimous approval
Recommended Council Action: Council may take final action.

Background Information

Existing Zoning:  Planned Development District (PDD)

Requested Zoning:  PDD Amendment to allow a nursing home or assisted living facility

Land Use Plan Designation:  The subject parcel is designated commercial in the Land Use Plan. Nursing home and Assisted Living facilities are considered consistent with the Commercial category in the Land Use Plan. 

Acreage:  3.68±

Location: 1206 W. Chatham Street

Applicant:

Frank Rockwood

Sunrise Senior Living

3064 Cypress Creek Drive N.

Ponta Verdra Beach, Florida 32082

Applicant’s Contact:

Chris Bostic

Kimley-Horn Associates

3001 Weston Parkway

Cary, NC 27513

(919) 653-2927

chris.bostic@kimley-horn.com

Town of Cary Case Manager:

Debra Grannan, Senior Planner

316 North Academy Street Cary, NC 27513

(919) 460-4980

debra.grannan@townofcary.org

Summary of Requested Rezoning

The applicant requests approval of an Ordinance to amend the existing Oxxford Hunt PDD to allow a nursing home or assisted living facility on Tract D.  This 3.68 acre tract was previously designated on the PDD Master Plan for commercial use.  If approved, the request would permit a maximum 80-bed nursing home or assisted living facility.  The applicant is also requesting a reduction in the perimeter buffers from 50’ to 20’ on the western and northern property lines.  The plan would add a 20’ buffer between this site and the adjacent commercial site to the east where no buffer currently exists.  No change is proposed to the 30’ wide streetscape.

A. Transportation

West Chatham:

Existing Roadway Section:  2 lanes, 80’ right of way (ROW)

Future Roadway Section:  2-lane with median, 67’ ROW

Schedule:  N/A

Sidewalk Requirements:  required on both sides

Bicycle Requirements:  14’ wide outside lane required

Transit Requirements:  No transit requirements

B.  Traffic Impact Analysis:  A Traffic Impact Study is not required. The proposed use will generate a significant decrease in traffic, based on ITE, 7^th Edition traffic data.

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

Reference Information

Meeting Schedule:  

Town Council Public Hearing

Date:  January 11, 2007

Action: Forwarded to the Planning and Zoning Board

Planning & Zoning Board:

Date:  March 19, 2007

Action: Recommended unanimously for approval

Town Council Action:

Date:  April 12, 2007

School Impact

Schools will not be impacted by this rezoning request since the site will be limited to Office and Institutional Use for a nursing home or assisted living facility only.

Development Plan Issues

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.

Feedback at Public Hearing

Staff presented the case and Jeremy Anderson of Kimley Horn spoke on behalf of the applicant. One citizen expressed concern about loss of privacy if the buffer on the western side for the subject property is reduced, but stated no opposition to the use proposed.  Council asked if the adjacent residential property had a buffer.  Staff reported that the lots bordering the western side of the subject property did indeed have a 25’ undisturbed buffer.  This buffer area, however, was part of the individual lots and not within common open space. 

Changes since Public Hearing

The applicant reported to Staff that there had been an additional meeting with neighbors on the proposal.  All protest petitions have been removed.  There have been no changes to the applicant’s request.

Staff Observations

The request is consistent with the Cary Comprehensive Plan, and fosters a compatible relationship with adjacent land uses. Reductions to perimeter buffers may be considered within Planned Development Districts, but what has been requested still falls within Land Development Ordinance requirements.  When the site was originally designated for commercial use, a 50’ buffer was appropriate adjacent to single family residential.  In 1990 the PDD was amended to require a 25’ undisturbed buffer on the residential lots adjacent to the western property line.  This is shown on the recorded plat for these lots.

Because of the residential nature of the proposed use, and the existing recorded undisturbed buffer, staff believes that the 20’ Type “A” buffer proposed creates a sufficient barrier between the uses.

Since the property to the north is undeveloped, the Land Development Ordinance would require that property to provide half of a 40’ type “A” buffer.  

Staff recommends Council to adopt an ordinance to approve the PDD Amendment.

Planning and Zoning Board

Staff presented the PDD Amendment and reported that all previously filed protest petitions had been withdrawn.  Staff presented a slide to show that the residential properties east of the site were recorded with a 25’ Undisturbed Buffer as part of an earlier PDD amendment.  There was some discussion as to why the buffer reduction was needed.  Staff explained that the applicant was working with a site plan that needed the space that would be provided by the buffer reduction in order to accommodate parking and stormwater management devices on the site.  Staff also noted that the proposed reduction was consistent with buffer standards in the Land Development Ordinance. Planning and Zoning Board voted unanimously to approve the request for an amendment. 

Ordinance for Consideration 06-REZ-32

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.68 ACRES LOCATED AT 1206 W. CHATHAM STREET, OWNED BY DUKE UNIVERSITY AFFILIATED PHYSICIANS, INC. FROM PLANNED DEVELOPMENT DISTRICT TO PLANNED DEVELOPMENT DISTRICT AMENDMENT.  THE AMENDMENT WOULD ALLOW A CHANGE IN USE FROM COMMERCIAL TO OFFICE AND INSTITUTIONAL WITH THE USE TYPE LIMITED TO NURSING HOME OR ASSISTED LIVING FACILITY WITH A MAXIMUM OF 22 DWELLING UNITS PER ACRE.  THE AMENDMENT WOULD ALSO CALL FOR 20’ WIDE TYPE “A” PERIMETER BUFFERS ON THE SITE.

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 (“Property”):

Section 2:  That the Property is rezoned from PDD to PDD Amendment subject to the conditions set forth herein and in the Master Plan dated August 19, 1990 (and all supporting plans) and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.  

Section 3:  This ordinance shall be effective upon adoption but the PDD and Master Plan shall not become effective until applicant has submitted to the Planning Department of a copy of the Master Plan and all supporting plans incorporating all changes, if any that were required as conditions of approval and such additional information as the Town Council may have required as a condition of approval.

ACTION: Mr. Roseland moved to approve the consent agenda with the exception of item 3.m., 1/64 landscaping plan. Mrs. Robinson provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

(Ordinance is also on file in the town clerk’s office.)

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