TOWN OF CARY
REQUEST FOR REZONING
PLANNING AND ZONING BOARD DATA SHEET
99-REZ-18

APPLICANT(S)

OWNER(S)
Presbytery of New Hope
2309 Sunset Avenue
Rocky Mount, NC 27804
252 443 7090
252 443 5229 (fax)
pbynewhope@coastalnet.com		 Presbytery of New Hope
2309 Sunset Avenue
Rocky Mount, NC 27804
252 443 7090
252 443 5229 (fax)
pbynewhope@coastalnet.com
LOCATION: East side of Davis Drive, south of Waldo Rood Blvd. The property is across from Davis Drive Elementary and Middle School.
MAPS: Vicinity
Land Use Plan
Zoning

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

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING: December 9, 1999
PLANNING & ZONING BOARD: January 18, 2000 (meeting canceled due to inclement weather)
PLANNING & ZONING BOARD: February 21, 2000
TOWN COUNCIL: March 9, 2000

PARCEL INFORMATION

Parcel #

Realid #

Area

074302572668

0206340

7.00 acres

074302580206

0022037

3.252 acres
     

REZONING DATA
 

CURRENT

PROPOSED
Zoning:

Residential 8 Conditional Use

Office & Institutional Conditional Use
Overlay District:

Jordan Lake Watershed

Jordan Lake Watershed
Land Use:

Vacant

N/A

REZONING CONDITIONS

CURRENT

PROPOSED
1. Use restricted to single-family homes.

1. Nightclubs and bars shall be prohibited. Note: This was the only condition in place at the time of the public hearing. The conditions listed below in bold have been added since the public hearing.
  1) PROHIBITED USES:
  • Clubs & lodges
  • Parking lots as the principal use of the property
  • Public utility facilities
  • Utility substations
  • Communications, radio, TV, microwave or other telecommunications towers
  • Minor and Major Special Uses

2) BUILDING RESTRICTIONS:

Principal buildings shall be brick on all sides. The roof material for the buildings shall be asphalt shingles. The roof design will be pitched. Building height shall be no greater than 35 feet.

3) TRANSPORATION

The owner shall dedicate the necessary property to complete the Davis Drive widening project within 30 days of notification by the Town.

4) MASTER PLAN

A uniform sign plan governing the entire rezoned property shall be submitted concurrent with the first site plan for the property. A master concept plan shall also be submitted for the entire property with the first site plan submitted. The master plan shall include a circulation plan, which interconnects the entire rezoned property, approximate building locations, access points, buffers, architectural features, and the proposed easement location for the greenway connection.

5) SITE LIGHTING

Light poles shall not exceed 20 feet in height. Light poles shall have shoebox type fixtures.

6) BUFFERS

The buffer along the eastern property line shall be Type A, and shall contain newly installed trees at a minimum of 3 inches in caliper and 10 feet in height at time of installation. This minimum size requirement shall apply to all newly installed trees within the eastern Type A Buffer.

7) GREENWAY

The Town of Cary shall be allowed to use the entire parking lot(s) for overflow parking during weeknights and on weekends for access to the Davis Drive Park. A greenway trail easement will be granted to the Town that will provide public access from the parking lot to the White Oak Creek Greenway and Davis Drive Park. The location of the easement will be determined by the final location of the parking lot. The timing of the easement will be based on the development of the White Oak Creek Greenway, which will be scheduled by the Town of Cary. Development of the greenway trail will be the responsibility of the Town of Cary.

The greenway trail may be located within perimeter buffers.

REZONING HISTORY
Case #Z-639-92-1
From R-30 Zoning To Residential 8 Conditional Use Zoning
Approved by Town Council on: 05/28/92

 

SITE DATA

WATER/SEWER SERVICE
Staff Remarks: Water service is available from Davis Drive. Sanitary sewer service does not currently extend to the subject property. Sewer service will need to be extended to the site

TRANSPORTATION
Traffic Impact Analysis Required: Yes [ X ] No [ ]
Staff Remarks: Staff conducted a traffic impact analysis report for the rezoning request. According to the information provided by the applicant, the traffic study assumed an 80,000 square foot office/institutional center.

The study analyzed the Davis Drive at Leonard Christian Road intersection and the Davis Drive at Park Village Drive intersection for the years 1999 and 2001.

Using the Institute of Transportation Engineers Trip Generation Manual, the proposal would generate at total of 1,060 and 1,000 vehicles per hour during the respective weekday AM and PM peak-hours.

Intersection analyses indicates that under Existing conditions, the intersections of Leonard Christian Road at Davis Drive and Park Village Drive at Davis Drive operate at acceptable service levels during both time periods. With the addition of background development traffic, normal traffic growth, and the planned widening of Davis Drive, both study area intersections will continue to operate at acceptable service levels during both of the peak-hours studied. With the addition of project traffic, Leonard Christian Road at Davis Drive and Park Village Drive at Davis Drive will continue to operate acceptably during both the AM and PM peak-hours. The Town of Cary is currently completing the design for the Davis Drive widening project. The Davis Drive widening project would provide a minimum of 2 through lanes in each direction. The construction start for the project is expected for the Fall 2000. The traffic study assumed completion of the Davis Drive widening for the buildout analysis.

Traffic generated by the proposed project has an insignificant affect on service levels at either of the study area intersections and has a minimal impact on the overall intersection delay and volume-to-capacity (v/c). Because the study area intersections are not adversely affected by traffic to/from the site, mitigation is not recommended at this time.

ENVIRONMENTAL CONSIDERATIONS
Staff Remarks: The subject property is located within the Jordan Lake Reservoir Watershed Protection District.

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:
North:

O&I CU

vacant
South:

MacArthur Park PUD

Town of Cary Park
East:

MacArthur Park PUD

Single-family dwellings
West:

R-8

Davis Drive Elementary & Middle School

 

TOWN OF CARY FUTURE LAND USE PLAN DATA
 

CURRENT

PROPOSED
Plan Designation: Office/Institutional No Change
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 in bold above.
PROTEST PETITION FILED: Valid [ X ] Invalid [ ] None Filed [ ]
 

LAND USE PLAN ANALYSIS
Analysis: The Land Use Plan Map has this property designated as Office/Institutional. Since this property is surrounded by a school and single family neighborhoods, the Plan recommends that transitions be provided between the office/institutional uses and the residential areas as stated in Chapter 7: Design Guidelines. The proposed rezoning to O&I along with its associated conditions meet the intentions of the Land Use Plan and these transition guidelines.

REZONING REQUEST
Analysis: An Office & Institutional use in this location may be a more appropriate land use than the single-family homes that would be allowed under the existing zoning. The property is bounded by a major thoroughfare to the west and north, railroad tracks to the north and east and a Town park to the south. Additionally, Davis Drive Elementary and Middle Schools, another institutional use, are located to the west of the subject property. The applicant has met with several of the adjacent homeowners and has attempted to address the homeowners’ concerns through zoning conditions. To ensure the future development is compatible with the adjacent residential uses, the applicant has offered conditions relative to building height, building materials and design, lighting as well as minimum standards for buffer plantings and the prohibition of several land uses.

Be advised that as of this writing, the adjacent residents have not withdrawn the protest petition. However, one of the adjacent residents has inquired about the process for withdrawing the petition.

The rezoning request is consistent with the Land Use Plan, and the traffic impact of the proposed development does not appear the significantly affect service levels on Davis Drive.

Recommendation: Staff recommends approval.