TOWN COUNCIL
REQUEST FOR REZONING/COMPREHENSIVE PLAN AMENDMENT

APPLICANT(S)

OWNER(S)
Tillett Development Company, Inc.
6729 Falls of Neuse Road
Raleigh, NC 27615
676-1857 (phone)
676-9296 (fax)
tilletdev@earthlink.net		 Hubert E. Hatcher
Sidney M. Hatcher
C/o J.K. Sherron
4021 Barrett Drive
Raleigh, NC 27609
510-5000 (phone)
510-5721 (fax)
LOCATION: South side of Morrisville Parkway Extension, west of Davis Drive
MAPS: Vicinity
Zoning
Land Use

In Town Limits [ ] Cary ETJ [X] Cary Planning Jurisdiction Only [ ]

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING: May 13, 1999
PLANNING & ZONING BOARD: June 21, 1999
TOWN COUNCIL: July 22, 1999

 

PARCEL INFORMATION

Parcel #

Realid #

Area

074503415264

0179895

1.0 Acre

074503415377

0065737

0.2 Acre

 

REZONING DATA
 

CURRENT

PROPOSED
Zoning:

Residential 30

Office and Institutional Conditional Use
Overlay District:

N/A

N/A
Land Use:

Vacant

Office and Institutional

 

REZONING CONDITIONS

CURRENT
No Current Conditions

PROPOSED
1. Lighting: Only exterior light fixtures that direct light essentially down shall be installed and used on the Property, similar to a "shoe-box light". No exterior light pole shall exceed 28 feet in height. There shall be no exterior, general area flood lighting. The purpose of this condition will be to reduce or eliminate light being projected onto adjoining property to the west and southwest.
Lighting: Only "shoe-box" or other similar "cut-off fixture" style exterior light fixtures shall be installed and used on the Property. No exterior light pole shall exceed 28 feet in height. There shall be no exterior, general area flood lighting or wall pack lighting. The purpose of this condition will be to reduce or eliminate light being projected onto adjoining property to the west and southwest.
2. Architecture: The buildings on the subject property will: (I) be of a residential character, (ii) be no greater than three stories in height, (iii) be constructed of non-painted brick, (iv) have pitched roofs with asphalt shingles of a neutral color, (v) have decorative accents on building exterior (e.g. brick accents), (vi) have individual windows with no more than 3 windows adjoining in any one grouping of windows, (vii) windows shall have panes mullions and (viii) have no loading docks visible from adjoining properties.
3. Buffers: The property shall be developed leaving an undisturbed buffer a 50 feet in width along the entire west boundary line of the Property in lieu of planted buffers or other planting requirements of the Uniform development Ordinance, generally as shown on Exhibit A. Notwithstanding the above, the undisturbed buffer along the said west property line may be disturbed for the purpose of installing a sewer line connection to the existing public sewer line west of the property and for the purpose of installing storm drain facilities as shall be required by the Town of Cary. Access to the sewer line and creek (for storm drain) west of the Property shall be designed to minimize the destruction of the wooded buffer (e.g. angled or "z" shaped).

A Type A buffer seventy (70') feet in width shall be maintained along the west boundary of the subject Property. The buffer shall remain undisturbed except for:

a) Installation and subsequent maintenance of sanitary sewer, water and storm drainage facilities and such other utility installations as may be approved or required by the Town of Cary. Any such invasions of the buffer shall be designed to minimize the impact of such invasion upon the buffer’s effectiveness as a visual screen (e.g. angled or "z" shaped).

b) Installation and subsequent maintenance within the easternmost twenty (20') feet of the buffer of a berm landscaped with Leyland Cypress trees or similar plant material approved by the Town of Cary. The trees shall be a minimum of 10 feet tall at the time of planting.

c) Construction and subsequent maintenance of a public street and sidewalk, or private drive and pedestrian path, or combination thereof, approved by the Town of Cary to provide access to and from the Property from Morrisville Parkway. This intrusion into the buffer shall be limited to the buffer’s easternmost twenty (20') feet.
4. Dumpster: Any dumpster on the property would be screened so that the dumpster is not visible to any adjoining property located west or southwest of the property. Dumpster enclosure shall be made of brick to match the buildings (except for the gate) and screened with plants per Town of Cary landscaping requirements.
Dumpster: Any dumpster on the property would be screened so that the dumpster is not visible to any adjoining property located west or southwest of the property. Dumpster enclosure shall be made of brick to match the buildings (except for the gate) and screened with plants per Town of Cary landscaping requirements.
5. Storm Drain: A storm drain study shall be performed at the time of site plan approval for the subject property to examine the amount of run-off and the best, feasible way to handled the run-off relative to the subject property and the adjoining property to west and southwest. Particular attention shall be paid to directing as much storm drain as reasonably possible to the storm drain systems which will be located in Morrisville Parkway and Davis Drive.
Storm Drain: A storm drain study shall be performed at the time of site plan approval for the subject property to examine the amount of run-off and the best, feasible way to handled the run-off relative to the subject property and the adjoining property to west and southwest. Particular attention shall be paid to directing as much storm drain as reasonably possible to the storm drain systems which will be located in Morrisville Parkway and Davis Drive.
6. Square Footage: The Property shall be limited to support no more than 12,500 sq. ft. of leasable office space of gross floor area (total building square footage).
7. Common Site Plan: The property described and subject to 98 REZ 30 and the property described and subject to this Application will be developed pursuant to a common site plan, so that the required improvements to Morrisville Parkway for both tracts will be accommodated.
8. Traffic Study: A traffic study will be performed at the time of site plan approval.
9. Cross Access: The Property described and subject to 98 REZ 30, the property described and subject to this Application, and the property lying immediately south of and adjoining the property described in 98 REZ 30 will provide for a cross access easement or travelway driveway so that all parcels can enter and exit directly onto Davis Drive and Morrisville Parkway.
10. Use Restrictions: Total retail use (including food service) located on the Property shall be limited to 10% of the total square footage of the buildings. The following uses shall be eliminated: (i) retail food service other than food service servicing the tenants, occupants of the building(s) and clients or customers of tenants or occupants of the building(s), (ii) funeral homes, (iii) utility substations, (iv) communications, radio, TV, microwave or other telecommunications towers, (v) dry cleaners, (vi) nail salons, (vii) animal hospitals and kennels, (viii) recreation centers, (ix) transportation facilities, (x) outdoor amphitheater, government, (xi) package delivery/messenger services, (xii) hospital, (xiii) nightclub and bar, (xiv) farm market, (xv) clubs and lodges, (xvi) colleges, (xvii) parking lots, as a principal use of the property, (xviii) life care community, and (xix) nursing home.

The uses of the Property shall be restricted to:

A. office uses, and
B. retail stores, personal service establishments and restaurants, provided that all the following conditions are present:

(i) the principal use of the building is office;
(ii) the total floor area of all such uses is no more than 10 percent of the total floor area of the building;
(iii) such uses combined do not have more than one entrance for customers separate from that of the office use; and
(iv) the use does not have a drive-up window, nor an outside ampitheater, stage or other provision for live or recorded acoustic or amplified entertainment outside of the building.
Revised 6/10/99.
Revised 6/21/99.

REZONING HISTORY
Case 97rez46
From Residential 30 Zoning To Residential Multi Family 8 Zoning
Approved by Town Council on: August 13, 1998
 

SITE DATA

WATER/SEWER SERVICE
Staff Remarks:

A 16" waterline exists within the Davis Drive right-of-way. An extension of the waterline will be required with the development of the property. In addition, an extension of the Town's sanitary sewer system will be required to develop the property.

TRANSPORTATION
Traffic Impact Analysis Required: Yes [ ] No [ X ]
Staff Remarks:

The proposed rezoning application does not require a Traffic Impact Analysis report per the Interim Planned Development Ordinance. It should be noted that a Traffic Impact Analysis report may be required at the time of the initial site plan application for the subject property.

 

ENVIRONMENTAL CONSIDERATIONS
Staff Remarks:

The subject property is not within a Watershed Reservoir Protection District.

WAKE COUNTY SCHOOL CAPACITY
There shall be no additional impact to the Wake County School System.

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:
North: RMF-8 CU Vacant
South: R-30 Vacant and Single Family Residential (Preston Village)
East: RM-Morrisville School (Morrisville Elementary)
West: R-30CU Single Family Residential (Preston Village)

 

TOWN OF CARY FUTURE LAND USE PLAN DATA
     
 

CURRENT

PROPOSED
Plan Designation: Low Density Residential Office/Institutional
Alternate Designation: None No Change
Activity Center: None No Change

EXISTING LAND USE PLAN AMENDMENT HISTORY
None

 

STAFF ANALYSIS AND RECOMMENDATION
CHANGES SINCE PUBLIC HEARING: *Yes [ X ] No [ ]
*See revised rezoning conditions on page # of this document.
PROTEST PETITION FILED: Valid [ ] Invalid [ ] None Filed [ X ]
 

LAND USE PLAN AMENDMENT

Analysis:

According to the Comprehensive Plan Land Use Map, this property is designated for Low Density Residential or Traditional Neighborhood Development (TND). The Land Use Plan allows for nonresidential uses at arterial intersections that are not designated as an activity center provided that residential uses have become unviable at that location and that nonresidential uses on any of the four quadrants of the intersection occupy no more than a few acres on each quadrant. The proposed rezoning does not meet these criteria, due to the location of the requested rezoning and the continued viability of single-family residential uses along Morrisville Parkway in Cary. Hence, the rezoning is generally not in conformance with the Land Use Plan.

Recommendation:

Since the requested Comprehensive Plan Amendment cannot be supported by the intent of the Plan, staff recommends denial of the amendment.

REZONING REQUEST
The Comprehensive Plan designates this area as low density residential or traditional neighborhood development (TND), therefore this request is not consistent with the Comprehensive Land Use Plan. Also, Staff has concerns that 12,500 square feet maximum for this site may be excessive.
STAFF RECOMMENDATION:

Because this request is not consistent with the Comprehensive Plan, staff cannot support this request.

PLANNING & ZONING BOARD RECOMMENDATION
At their meeting of June 21, 1999, the Planning and Zoning Board voted to forward this request, along with 98-REZ-30, to Town Council with a recommendation of approval.