TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (11-08-01)
01-REZ-02/01-LPA-01

PETITIONER

PROPERTY OWNER

George C. Fortunes
7113 Beaver Trail
Apex, NC 27511
(919) 362-1112
Fax (919)-467-1129

Jefferson L. Sugg
PO Box 93
Cary, NC 27512
(919 467-8321
Fax (919) 467-8502

LOCATION:

Southwest corner of Kilmayne Drive and SW Maynard Road
MAPS: Small Vicinity Map
Large Vicinity Map

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

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

March 8th, 2001

PLANNING & ZONING BOARD:

April 16th, 2001 – TABLED
May 21, 2001 – Sent to Town Council – pending P&Z review
October 15, 2001

TOWN COUNCIL:

November 8, 2001

 

PARCEL INFORMATION

Parcel #

Realid #

Area

0763.10-36-8023 (portion)

0068780 (portion)

.30 acres

REZONING DATA
 

CURRENT

PROPOSED

Zoning:

Residential-12

Office & Institutional Conditional Use

Overlay District:

Swift Creek Reservoir Watershed Protection District

No change

Land Use:

Vacant

N/A

 

REZONING CONDITIONS

CURRENT

PROPOSED

None

  
 
  1. The following uses shall be prohibited: banks, child daycare centers and animal hospitals.
 
  • Access shall be limited to Kilmayne Drive.
 
  • Sketch Plan – see Exhibit A.

REZONING HISTORY

There has been no prior rezoning of the property.

 

SITE DATA

WATER/SEWER SERVICE

Staff Remarks: Water and sanitary sewer services are available to serve the property.

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ ] No [ X ]

Staff Remarks: A traffic impact analysis report is not required per the Town’s Adequate Public Facilities Ordinance.

SW Maynard Road and Kildaire Farm Road intersection has a level of service of C during the morning peak hour and a level of service D during the evening peak hour.

The Town is in the process of designing Phase 2 of the widening of Maynard Road. Phase 2 extends from Kildaire Farm Road to W Chatham Street. Staff is recommending a five-(5) lane undivided section which will include a 62-foot wide pavement section, curb and gutter, as well as a 5-foot-wide utility strip and sidewalk. The undivided section will allow property owners to retain direct access into and out of their respective driveways and would help minimize property impact. For the pavement section, a 14-foot outside lane will include a 2-foot-wide unmarked bike lane that will provide connectivity to existing and proposed bike lanes included as part of the Land Use Plan. The 12-foot center lane would assist property owners in gaining access to and from their driveways. The 11-foot lane width for the inside lanes is the minimum accepted by NCDOT and is ample for vehicular traffic. The overall right of way width would be 90 feet.

Construction on SW Maynard Road is scheduled to begin in November 2002 and is expected to be completed by May 2004.

ENVIRONMENTAL CONSIDERATIONS

The property is located within the Swift Creek watershed and would have to meet the requirement of the watershed protection ordinance, which includes land use and density restrictions, impervious area limits, stream buffer requirements and stormwater retention ponds or impoundment. The proposed site layout of the project clearly encroaches into riparian buffers with impervious surface areas. The site layout has not been approved by the division of Water Quality and cannot be constructed as submitted. Town staff cannot support these encroachments into the riparian buffer and the submitted rezoning of the property.

 

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:

North:

Residential-12

Vacant

South:

Office & Institutional and Resource Conservation

Office Buildings

East:

Business-2

Car Wash

West:

Residential-12

Single Family Dwelling
     

TOWN OF CARY FUTURE LAND USE PLAN DATA
 

CURRENT

PROPOSED

Plan Designation:

Low Density Residential

Office & Institutional

Alternate Designation:

None

None

Activity Center:

Community Activity Center and Neighborhood Activity Center

No Change

LAND USE PLAN

None.

 

 

STAFF ANALYSIS AND RECOMMENDATION

CHANGES SINCE PUBLIC HEARING: *Yes [X ] No [ ]

PROTEST PETITION FILED: Valid [ ] Invalid [ ] None Filed [ x ]
 

LAND USE PLAN AMENDMENT

Analysis: The Land Use Plan identifies the vacant site as low density residential and lies within a Neighborhood Activity Center. The Low-Density Residential designation groups the vacant lot with land to the west occupied by single family dwellings. To the east and south the plan shows land as commercial use. However, the 4acre parcel of land bordering the site to the south has recently been developed as an office center. Maynard road is scheduled for widening as such the use of this lot for a dwelling may no longer be appropriate. The proposed use in this location and the small amount of floor space likely created is considered compatible with the Neighborhood Activity Center. 

REZONING REQUEST

Analysis: The applicant has provided an additional condition (see Exhibit A) since the public hearing. Over the last few months the applicant has been reviewing various sketches with the Division of Water Quality for this site. Exhibit A has been reviewed and tabled by DWQ due to the encroachment into the stream buffer. Another sketch for this site showing a 1500 square foot building with seven parking spaces was approved b DWQ. However, after further consideration by the applicant for developing the site, the larger plan with 12 parking spaces was submitted for review by DWQ and thus tabled.

The Land Use Plan identifies the vacant site as low density residential and lies within a Neighborhood Activity Center. However due to the existing nonresidential uses in the area for Office and Institutional, Commercial and a Neighborhood Activity Center designation, and the proposed Maynard Road widening, staff believes this site would be appropriate to support a small scale office site. However, it is important to note the project scale due to the stream buffers on this site. Staff could support a site sketch as approved by DWQ for a small office building with seven parking spaces, but believes this current Exhibit A would proposed an unnecessary overbuild for this small corner parcel with environmental implications..

Recommendation: Staff recommends denial for the rezoning, but recommends approval for a land use plan designation for Office and Institutional for this parcel.

 

PLANNING & ZONING BOARD RECOMMENDATION

Board voted (6-4) to forward to Council for denial at their November 8, 2001 meeting.

 

TOWN COUNCIL DECISION

Council voted unanimously to deny.

Information regarding this rezoning case will be on the Internet prior to the public hearing. Our Internet address for this case is www.townofcary.org/ Departments/Planning Department/2001 Zoning Cases/01-rez-02.