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ACTIVITY The
purpose of this rezoning is to establish an Activity Center
Concept Plan (ACCP) for the Southeast quadrant of the intersection of LOCATION
OF PROPERTY: Location
Vicinity Map APPLICANT:
Marlane
Klintworth Reddlands,
Inc.
11509 John Allen
Road
Raleigh, (919)
868-4472 FAX
(919) 846-0210 E-mail:
marlanek@aol.com
TOWN
OF Angela
Reincke, Senior Planner Phone:
(919) 462-3942 E-mail:
angela.reincke@townofcary.org MEETING
SCHEDULE: TOWN
COUNCIL PUBLIC HEARING – Staff
Recommendation:
Following the Public Hearing staff recommends forwarding the
request for Action:
Forwarded to the PLANNING
& ZONING BOARD – Staff
Recommendation:
Staff recommends forwarding the request for consideration to the TOWN
COUNCIL ACTION – Staff
Recommendation: Staff
recommends approval of the request. Action:
CHANGES
SINCE THE TOWN COUNCIL PUBLIC HEARING:
There
have been no changes since the public hearing. CHANGES
SINCE THE PLANNING & ZONING PUBLIC HEARING:
Concerns
discussed by the Board included:
Staff clarified that
this site was the only undeveloped portion of this quadrant of the
already designated Swift Creek Overlay District.
Staff evaluated traffic models to determine that the drug store
use generated far fewer destination trips than those specifically
indicated in note #19 of the area plan.
The proposed drug store was considered to be a pass by retail
operation which is the preferred use for this location.
Although this use has a drive through, the future use of this
building would be under the provisions of the area plan and would not
directly relate to the designed use of the structure. The Planning and Zoning
Board voted unanimously (9-0) to recommend approval of the request. STAFF
RECOMMENDATION: Staff
believes that this request adequately meets the rezoning criteria set
forth in the Land Development Ordinance (4.4.2(J)) and recommends
approval. Section
4.4.2(J), Criteria for approval of an ACCP (1) The ACCP has been prepared consistent with the requirements of this
Section and the Land Use Plan. The
ACCP contains all information required by the LDO for submittal of an
ACCP request. (2) The ACCP includes an appropriate mix of land uses for the overall
activity center, including residential, commercial, office, and
institutional uses. The
ACCP would be a mixed use development containing commercial and office
as identified in the Southeast Area Plan. (3) The ACCP will meet or exceed Town design guidelines and other
established Town standards. The ACCP would comply with Activity
Center Design Guidelines, Cary Design Guidelines, and (4) The ACCP includes both medium and higher-density housing.
This ACCP does not include high or medium density residential
development. However, the
Swift Creek Overlay District includes both of these residential
developments. This ACCP
includes commercial and office uses as indicated in note #19 of the
Southeast Area Plan. (5) The ACCP includes some formal outdoor space for public use, such as a
park, village green, or plaza; larger activity centers should include
more such space than smaller centers.
The ACOD includes reserved areas for public gathering and public
art. This ACCP includes a
small plaza at the intersection of (6) The ACCP demonstrates that there has been participation by residents, by
property owners in the surrounding neighborhoods, and by the Town, so
that the proposed development specially responds to the unique
conditions of the area. This
ACCP responds directly to note #19 which was created by public input
during the creation and approval of the Southeast Area Plan. ZONING:
Zoning
Map APPLICANT’S
JUSTIFICATION STATEMENT (April 25, 2005): We are proposing to
rezone this property to fit in with the recent Activity Center Overlay
plan that went into affect for this intersection. The
proposed use will provide needed services for the general public and add
convenience to the community. The
redevelopment of the property will increase property values in the area
and will not adversely affect the health or safety of the general
welfare. Morals will not be
compromised by the development of the proposed pharmacy. TOWN
OF Current:
Office
and Institutional (OFC/INS) Proposed:
Office
and Institutional (OFC/INS) for Parcel #0067412; Commercial (COM)
for Parcel #0037363 The
proposal is addressed specifically by Note 19 of the Southeast Area
Plan, which states that: “Commercial uses are only appropriate if:
(a) the 2 lots develop in a cohesive manner; and (b) uses
that are destination-oriented high-traffic generators (e.g., fast food
with a drive through) are avoided, in order to keep overall traffic
impacts within the acceptable range suggested by the traffic model; and
(c) commercial uses with a high pass-by trip capture is favored, instead
of destination-oriented commercial uses.”
The proposal is in compliance with this provision of the Land Use
Plan; therefore, no plan amendment is required. ADJACENT
ZONING & LAND USES: North:
Existing
Use: Vacant
land and a Church Existing
Zoning: Residential
40 (R-40) Existing
Land Use Plan Designation: Office
and Institutional (OFC/INS) East: Existing
Use: Fire
Station Existing
Zoning: Residential
40 (R-40) Existing
Land Use Plan Designation: Institutional
(INS) South: Existing
Use: Single
Family Homes Existing
Zoning: Residential
40 (R-40) Existing
Land Use Plan Designation: Mixed
Use (MXD) West: Existing
Use: Church Existing
Zoning: Residential
40 (R-40) in Existing
Land Use Plan Designation: Institutional
(INS) Parks
& Greenways: There
are no parks or greenways proposed for this site based on the Parks,
Recreation and Cultural Resources Facilities Master Plan. Traffic
Impact Analysis: Traffic
Impact Study is required. The draft study has been completed by the Town
Traffic Consultant – Martin/Alexiou/Bryson dated March 2005. The
results were that all signalized intersections and site driveways
operate at level of service “D” or better. A traffic signal at the
intersection of Reference
Information:
Schools:
Since this is a non-residential proposal no school information is
required. 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. All such requirements can be found at http:vic.townofcary.org.
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