D.   PUBLIC HEARINGS

1.   Comprehensive Plan Amendment 07-CPA-02, Chapel Hill Road
Location: 7331 (portion) and 7425 Chapel Hill Road; southeast quadrant of Chapel Hill Road and Trinity Road intersection
Current Comprehensive Plan: Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM)
Proposed Comprehensive Plan: Commercial (COM) and Office/Industrial (OFC/IND)
Acreage: 3.1 ±
Presenter: Ms. Meredith Chandler
Recommended Council Action: Refer to the June 18, 2007 Planning and Zoning Board meeting

Request

The applicant is requesting Council approve a Resolution to amend the Land Use Plan Map of the Comprehensive Plan for the Town of Cary to change the land use designation of approximately 3.1 acres located at 7331 (a portion of) and 7425 Chapel Hill Road from Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM) to Commercial (COM) and Office/Industrial (OFC/IND). 

The purpose of a comprehensive plan amendment is to evaluate the appropriateness of a proposed land use and/or other issue, need, or opportunity for the subject parcel(s) 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 comprehensive plan amendment process.  However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.

Background Information

Applicable Comprehensive or Area Plan Requirements:

A. Land Use Plan:  This case proposes to modify the existing Land Use Plan designation.

B. Transportation
Existing Section:  150’ ROW on Chapel Hill Rd. currently 4-lanes/70’ ROW on Trinity currently 2 lanes

Future Section:  124’ ROW and 6-lane median divided on Chapel Hill Rd. and Trinity Rd

Road Improvements:  None scheduled

C. Parks & Greenways:  The adopted Parks, Recreation, and Cultural Resources Facilities Master Plan recommends the provision of a multi-use trail along Trinity Road in this location, as part of the regional greenways and trails system.

D.  Open Space and Historic Resources:  The multi-use trail noted in item C above is supported by the goals of the Open Space and Historic Resources Plan.

E.  Affordable Housing:  N/A

F.  Growth Management:  The guiding principles of the growth management plan include the rate and timing of growth, the location of growth, the amount and density of growth, the cost of growth, and the quality of growth.  These principles will be evaluated after the Town Council Public Hearing.

Town Council Criteria for Consideration in Reviewing Comprehensive Plan Amendments:

Section 3.2.2(B) of the Land Development Ordinance states that “Proposals to amend the Comprehensive Plan shall be evaluated based upon whether the amendment is necessary in order to address conditions including, but not limited to, the following:”

• A change in projections or assumptions from those on which the Comprehensive Plan is based;
• Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;
• A change in the policies, objectives, principles, or standards governing the physical development of the Town or any other geographic areas addressed by the Comprehensive Plan; or
• Identification of errors or omissions in the Comprehensive Plan.

Other Reference Information

Applicant’s Justification Statement Submitted February 21, 2007

The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary.

1.  Describe how the requested amendment is warranted due to changes in conditions, forecasts, or assumptions since the original Comprehensive Plan recommendations were developed?  Also, describe how the requested amendment is warranted due to new issues, needs, or opportunities that have arisen in this geographic area since the original Comprehensive Plan recommendations were developed?

“The applicant in the original rezoning case 96-REZ-26 PUD desires to buy an adjacent 0.64 acre industrially zoned tract of land at the southeast corner of Chapel Hill Road and Trinity Road and incorporate that tract into the existing PDD.  The applicant also desires to move that existing Industrial Use from its location at the corner of Chapel Hill Road and Trinity Road to a location within the current PDD that is more compatible with the Comprehensive Plan and the adjacent Industrial zoned properties.”

2.  Describe how the requested amendment is warranted due to changes in Town policies, objectives, or standards since the original Comprehensive Plan recommendations were developed?

“The requested amendment is not warranted due to changes in Town policies, objectives, or standards since the original Comprehensive Plan recommendations were developed.”

3.  Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan?

“The requested amendment is not due to errors or omissions in the current Comprehensive Plan.”

Amendment to Land Use Plan Map for Consideration

07-CPA-02 Quality Oil/Chapel Hill Road Planned Development District

AN AMENDMENT TO THE LAND USE PLAN MAP OF THE TOWN OF CARY TO CHANGE THE LAND USE PLAN DESIGNATION OF APPROXIMATELY 3.1 ACRES LOCATED at 7331 (a portion of) and 7425 Chapel Hill Road owned by QUALITY OIL COMPANY llc AND n & b cOMPANY llc from Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM) to Commercial (COM) and Office/Industrial (OFC/IND).

Section 1:  The Land Use Plan Map is hereby amended by this Comprehensive Plan Amendment described as follows:

Section 2:  That this Property’s land use plan designation changes from Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM) to Commercial (COM) and Office/Industrial (OFC/IND) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3.  This amendment shall be effective on the date of adoption.

Staff’s powerpoint presentation is attached to and incorporated in these minutes as Exhibit B.

Mr. Fred Poppa, on behalf of the applicant, stated they are trying to recommend an appropriate use, and they believe this supports the zoning in the area.

No one came forward to speak, and Mayor McAlister closed the public hearing.

Mr. Roseland asked the anticipated completion of the road construction in the area. Mr. Bailey stated he expects the project will be completed in two to three weeks.

ACTION: Referred to the June 18, 2007 Planning and Zoning Board meeting

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2.   Rezoning 07-REZ-03, Chapel Hill Road Planned Development District (PDD) Amendment
Location: 7331 (portion) and 7425 Chapel Hill Road; southeast quadrant of Chapel Hill Road and Trinity Road intersection
Current zoning: Industrial & Planned Development District (PDD)
Requested zoning: Planned Development District (PDD) Amendment – to add land and change uses
Acreage: 3.1 ±
Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to the August 20, 2007 Planning and Zoning Board meeting

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 3.1 acres located on the southeast corner of the intersection of Chapel Hill and Trinity Roads from Industrial (I) and Planned Development District (PDD) to Planned Development District (PDD) Amendment.

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.

Background Information

The applicant has submitted the following proposed zoning conditions: The applicant is not proposing any conditions outside the PDD document.

Consistency with the Comprehensive Plan

A. Land Use Plan:  This request does not conform to the adopted Land Use Plan.  The current Land Use Plan designation is Office/Industrial (OFC/IND), Office/Institutional (OFC/INS), and Commercial (COM).  The requested Land Use Plan designation is Office/Industrial (OFC/IND) and Commercial (COM).  A Comprehensive Plan Amendment case, 07-CPA-02, is also scheduled for Town Council Public Hearing April 12, 2007. If Town Council approves the proposed Comprehensive Plan amendment (07-CPA-02), the requested rezoning will be consistent with the adopted Comprehensive Plan.

B. Transportation
Existing Section:  150’ ROW on Chapel Hill Rd. currently 4 lanes/70’ ROW on Trinity currently 2 lanes

Future Section:  6-lane median divided on Chapel Hill Rd. and Trinity Rd.

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk required on both sides of both roads

Bicycle Requirements: 14’ wide outside lanes required on both roads

Transit Requirements:  None

Traffic Analysis:  A Traffic Impact Analysis is not required since trip generation shall remain similar.

C.  Parks & Greenways:  According to the approved Parks, Recreation and Cultural Resources Facilities there are no issues related to this site.  According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.

D.  Environmental:   According to the Town of Cary GIS maps, there is no impact to these parcels from stream buffers.  Should a field determination identify a stream buffer, the project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

E.  Buffers:  During the rezoning process, the applicant is only applying for general zoning districts, not specific uses within those districts. With regard to buffers, the LDO determines buffer size and type by specific uses, not general districts. Therefore, specific buffer types and widths will be determined at time of site plan submittal. No reductions/modifications are being requested to the required buffers with this application.

F.  Streetscape:  According to Chapter 7.2.4 (LDO), the applicant will be required to provide a minimum 30’ Type “C” buffer along thoroughfares and major collectors designated on the Cary Comprehensive Transportation Plan. Chapel Hill and Trinity Roads are classified on the Comprehensive Transportation Plan as thoroughfares.

Consistency with the Land Development Ordinance

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

Existing and Requested Zoning District Comparison:

Town Council Criteria for Consideration in Reviewing Rezonings and PDD’s:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider 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;

7.             The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8.             The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

Other Reference Information

Applicant’s Justification Statement Submitted February 22, 2007

The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality or 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? No. Additional tract added to the original PUD is 0.64 acres.

2. How is the request compatible with the Comprehensive Plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? This request is compatible with the Comprehensive Plan in that we propose to move an existing industrial use from the southeast corner of the Trinity Road and Chapel Hill Road to a location farther south in the PUD adjacent to other industrial uses along Trinity Road. The applicant proposes a commercial use at the southeast corner of Trinity Road and Chapel Hill Road to complement the existing adjacent hotel and convenience store fronting Chapel Hill Road in the existing PUD.

3. What are the benefits and detriments to the owner, neighbors and the community? The benefit to the owner, the neighbors and the community is that the corner property in the existing PUD can be re-developed for a commercial use that will provide services for the future office (O&I) uses located across Chapel Hill Road from the current PUD as well as the existing OFC/IND uses across Trinity Road from the current PUD. The current industrial use on the 0.64 acre tract to be added to the PUD will be moved away from the intersection and placed adjacent to neighboring industrial uses along Trinity Road. There are no known detriments to the owner, neighbors and the community with this request.

4. How are all of the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? The proposed commercial use at the southeast corner of Trinity Road and Chapel Hill Road will be more compatible with adjacent commercial uses along Chapel Hill Road. The proposed relocation of the industrial use to the south side of the existing PUD will be more compatible with industrial uses on adjacent properties along Trinity Road.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? Applicants must list these items and/or clearly highlight them with the Planned Development document. (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.  No reductions/amendments and/or modifications to the development standards of the LDO are being requested as part of this PDD Amendment.

Ordinance for Consideration

07-REZ-03 Chapel Hill Road Planned Development District (PDD) Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.1 ACRES LOCATED ALONG THE SOUTHEAST CORNER OF CHAPEL HILL AND TRINITY ROADS  OWNED BY QUALITY OIL COMPANY LLC AND N&B LLC FROM INDUSTRIAL (I) AND PLANNED DEVELOPMENT DISTRICT (PDD) TO PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENT.

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:

Section 2:  That the Property is rezoned from Industrial and PDD to PDD Amendment subject to the conditions set forth herein and in the Master Plan dated September 12, 1996 (and all supporting plans), and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines. 

Section 3/4:  This ordinance shall be effective upon adoption but the PDD Amendment shall not become effective until a copy of the Master Plan Amendment and all supporting plans and/or documents dated September 27, 2007 have been approved by the Planning Department as consistent with this Council action.

Staff’s powerpoint presentation is attached to and incorporated in these minutes as Exhibit C.

Mr. Fred Poppa stated they were before council recently to rezone a small sliver of property, and this is the remaining part of that property and is a logical extension of the commercial area and will provide more flexibility to the applicant.

No one came forward to speak, and Mayor McAlister closed the public hearing.

ACTION: Referred to the August 20, 2007 Planning and Zoning Board meeting

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3.   Rezoning 07-REZ-04, Wrenn Property
Location: 1504 Yates Store Road
Current zoning: Residential 40 (R-40)
Requested zoning: Residential 12 Conditional Use (R-12 CU)
Acreage: 18.732 ±
Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to the June 18, 2007 Planning and Zoning Board meeting

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 18.732 acres located at 1504 Yates Store Road, north of New Hope Church Road, south of Burrus Hall Circle, and west of Yates Store Road, from Residential 40 (R-40) to Residential 12 Conditional Use (R-12 CU).

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted

Background Information

The applicant has submitted the following proposed zoning conditions:

1.                   The total number of lots will not exceed 38, and

2.                   The project will be limited to single family lots and associated amenities

Consistency with the Comprehensive Plan

A. Land Use Plan:  This subject property is located within the adopted Northwest Area Plan, which calls for low density, single-family residential development at one to three units per acre as the land use for this site.  This rezoning request conforms to the adopted plan.

B. Transportation
Existing Section:  60’ ROW on Yates Store

Future Section:  4-lane median divided 100’ ROW

Road Improvements:  N/A

Sidewalks Requirements: sidewalk required on both sides of Yates Store Rd.

Bicycle Requirements: 14’ wide outside lane required on Yates Store Rd.

Transit Requirements:  None

Traffic Analysis:  Traffic Impact Analysis not required for a density of 2.175 dwellings per acre or less.

C.  Parks & Greenways:  According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a greenway trail crosses the property along the northern end, running parallel to Panther Creek.  According to the Open Space and Historical Resources Plan (OSHRP) there is a proposed open space corridor (average 400’ total width) around Panther Creek, a portion of which would be located on this property.

D.  Environmental:   According to the Town of Cary GIS maps, there is a stream buffer in the southeast corner of the property and a stream buffer beginning on the northeast edge of the property to the western edge of the property. Final delineation of any stream will be field verified prior to subdivision approval. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

E.  Buffers:  According to Chapter 7 (LDO), the applicant will be required to provide a 20’ Type “B” buffer in accordance with the LDO. The applicant is not requesting any reductions to the buffer requirements at this time.

F.  Streetscape:  According to Chapter 7.2.4 (LDO), the applicant will be required to provide a minimum 50’ Type “A” buffer along thoroughfares, which includes Yates Store Road.

Consistency with the Land Development Ordinance

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

Existing and Requested Zoning District Comparison:

Town Council Criteria for Consideration in Reviewing Rezonings and PDD’s:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider 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;

7.                   The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8.                   The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

Other Reference Information

Schools

The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.