TOWN OF CARY
REQUEST FOR REZONING/COMPREHENSIVE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT
99-REZ-13

APPLICANT(S)

OWNER(S)
Alex and Helen Cooper
1608 Sunrise Road
Cary, NC 27513
(919) 469-1760
(919) 469-1141
runacooper@aol.com		 Alex and Helen Cooper
1608 Sunrise Road
Cary, NC 27513
(919) 469-1760
(919) 469-1141
runacooper@aol.com
LOCATION: 9502 and 9506 Chapel Hill Road
MAPS: Vicinity
Zoning
Land Use Plan

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

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING: August 12, 1999
PLANNING & ZONING BOARD: September 20, 1999
TOWN COUNCIL: October 14, 1999

PARCEL INFORMATION

Parcel #

Realid #

Area

075408786041

0045355

1.89 acres

075408777964

0029399

0.79 acres

075408778843

0024099

1.12 acres
   

3.80 acres

REZONING DATA
 

CURRENT

PROPOSED
Zoning: Residential 30, Office & Institutional Conditional Use Office & Institutional Conditional Use
Overlay District:    
Land Use:    

REZONING CONDITIONS

CURRENT

PROPOSED
1. The existing house will be used only for a drafting room and office. 1. That the number of buildings be limited to seven.
  2. That the combined area of the seven buildings be limited to 28,000 square feet of floor space.
  3. That the buildings be constructed of brick and siding with pitched roofs and shingles so as to blend with the existing residential structures located near by.
  4. That the buildings be limited to two stories in height.
  5. That the setback adjacent to Fairbanks Road be fifty feet.
  6. A thirty foot buffer will be maintained along Chapel Hill Road.
  7. A thirty foot Type A buffer will be maintained along Fairbanks Road. (This condition was added by the applicant effective 9/20/99.)

REZONING HISTORY
Case #Z695931
From Residential-30 Zoning To Office & Institutional Conditional Use Zoning
Approved by Town Council on: August 12, 1993

SITE DATA

WATER/SEWER SERVICE
Staff Remarks:

Public water is available to serve these properties. An extension of the Town’s sanitary sewer system will be necessary with development. Town maps show an existing 8" water line within Fairbanks Road right-of-way and a 16" water line within Chapel Hill Road right-of-way. Town maps also show that an 8" sanitary sewer line has been extended to the southern right-of-way line of Fairbanks Road. This public sewer line will need to be extended to the parcel’s upstream property line at the time of development.

TRANSPORTATION
Traffic Impact Analysis Required: Yes [ x ] No [ ]
Staff Remarks: Staff has met with the applicant’s representative regarding the traffic aspects of the rezoning case. This discussion was based on a small scale office development being proposed by the applicant. Based on that discussion, the potential development would not be required to prepare a traffic impact analysis report. However, the applicant has not provided rezoning conditions that would limit the development to a small scale ( less than 40,000 sq.ft.) office complex. Therefore, some of the permitted uses for the requested zoning district would require a traffic impact analysis report.

ENVIRONMENTAL CONSIDERATIONS
Staff Remarks: The subject property is not within a protected watershed area.

WAKE COUNTY SCHOOL CAPACITY
No additional Impact to Wake County Schools

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:
North: Residential-30 (R-30) Single Family Residential
South: Residential-30 (R-30) Single Family Residential
East: RMCU Multi Family Residential (Hermitage Park)
West: Residential-30 (R-30) Single Family Residential

TOWN OF CARY FUTURE LAND USE PLAN DATA
 

CURRENT

PROPOSED
Plan Designation: Low Density Residential Office and 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 [ ] No [X]
*See revised rezoning conditions on page # of this document.
PROTEST PETITION FILED: Valid [ ] Invalid [ ] None Filed [X ]
 

LAND USE PLAN AMENDMENT

Analysis:

The Town of Cary Land Use Plan currently has this property and all property along Chapel Hill Road north of Maynard Road designated as low or medium density residential. One of the recommendations in the Plan is to conduct a detailed land use study for this corridor which has not yet been prepared. It is anticipated that through this study that some properties may be recommended for "Transitional Office" use, but most likely not for "Office and Institutional" uses.

According to the Plan document, Office and Institutional uses should be located in the Focus or Support areas of an Activity Center, in Office or Office/Industrial Parks and may be considered at arterial intersections. The said property is not in a location compatible with the Plan for Office and Institutional uses. Transitional Office, which typically functions as a transition between residential and commercial or office uses may be appropriate here due to its location on Chapel Hill Road. However, to tie a map amendment to Transitional Office with a rezoning case would require additional conditions. Such conditions would include restricting the uses permitted on the property to low traffic generating uses as well as including more detail on the architectural style of the building.

Recommendation: Staff recommends denial of the Land Use Plan map from Low Density Residential to Office and Institutional.

REZONING REQUEST
Analysis: Following the public hearing staff outlined a number of items to be addressed concerning this case. Most important of these comments was the intensity of the development proposed. Staff also commented on possible conditions regarding architecture and buffers on this site. At the public hearing the applicant indicated he would be working with the adjacent owners to finalize the conditions. The current proposed conditions are statements which are not structured were the town could enforce compliance if approved. Without further refined conditions this request will need a traffic study.

Recommendation: Staff recommends denial.

UPDATE: At the Planning and Zoning Board meeting of September 20, the applicant offered conditions to address staff's concerns regarding buffers and architecture for this site. It is staff's understanding that the adjacent homeowners association had reviewed these new zoning conditions prior to the Planning and Zoning Board meeting and supports these changes.

Due to these changes, staff recommends approval.

PLANNING & ZONING BOARD RECOMMENDATION
ACTION: Mr. Eick moved and Mr. Kolb seconded a motion to forward this rezoning request to Town Council with a recommendation of denial. The motion passed on a vote of 7-2 with Mr. Clayton and Mr. Mowery casting the dissenting votes. While the majority of the board members viewed this request as not being supported by the Land Use Plan due to the distance of the site from the community activity center within Morrisville's jurisdiction, the dissenting votes supported staff's recommendation of approval.