TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (01-10-02)
01-REZ-05/01-LPA-05
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PETITIONER |
PROPERTY OWNER |
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Carlton Ashby |
Carlton Ashby |
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LOCATION: |
2524 Walnut Street (South of Centrum Shopping Center) |
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MAPS: |
Small Vicinity Map Large Vicinity Map Aerial Map Zoning Map Stream Buffer Map Land Use Plan Map Open Space Map Exhibit A |
In Town Limits [X] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ ]
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PROPOSED SCHEDULE OF MEETINGS |
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TOWN COUNCIL PUBLIC HEARING: |
11/08/01 |
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PLANNING & ZONING BOARD: |
12/17/01 |
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TOWN COUNCIL: |
01/10/02 |
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PARCEL INFORMATION |
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Parcel # |
Realid # |
Area |
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077207686563 |
0121447 |
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077207686384 |
0009842 |
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Total |
+/- 1.99 acres |
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REZONING DATA |
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CURRENT |
PROPOSED |
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Zoning: |
R-30 |
B-2/CU |
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Overlay District: |
Swift Creek |
Swift Creek |
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Land Use: |
Residential – Low |
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REZONING CONDITIONS |
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CURRENT |
PROPOSED |
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None |
1. A furniture store shall be the only use permitted within the development area. All other uses otherwise allowed in B-2 zoning districts shall be prohibited. Maximum square footage shall be limited to no more than 19,000 sq. ft. |
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2. Building height limited to a maximum of 35 feet. |
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3. Parking prohibited between any building façade facing Walnut St. and the adjacent right-of-way. |
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4. At least one sidewalk connection provided from public sidewalk on Walnut St. and proposed building. Sidewalk minimum of 8 ft. wide. |
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5. The following special features provided for any building located with this development: a. Masonry brick, accents, decorative elements, molding on at least 50% of all facades visible from Walnut St. (excludes windows, doors, pitched roof and doorway areas). b. Covered walkways with arched repeating elements (equal to at least 50% of one building side). c. Pitched roof elements (equal to at least 50% of one building side). d. Storefronts shall contain raised planters (equal to at least 50% of one building side). e. Accent brickwork and/or glazed brick (CMU or similar elements) along visual points of interest and columns on front façade facing Walnut St. and all portions of sides visible from Walnut St. f. Primary wall sign areas shall be restricted to 3 ft. in height. Lettering size and illumination shall be consistent with Centrum development. g. Freestanding signs (excluding directional signs) shall be limited to a single monument sign. h. Traditional lighting fixtures along storefront facing Walnut and at least one side additional freestanding light fixture between building and Walnut St. i. Special pavers/textured elements and pedestrian signs shall be used to create pedestrian crossing from building to parking area. j. Loading areas shall be contained within the building and screened so service trucks not visible from Walnut St. k. At least one bike rack and two benches shall be provided in close proximity to store entrance. |
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6. Traffic generated by this development shall not exceed 100 "peak hour trips" (AM peak or PM peak); and 1,000 "average daily trips". Traffic projections for the proposed development shall be completed by a qualified engineer (according to ITE criteria) and submitted to the Town as part of this rezoning. |
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7. In addition to the above land use restrictions, design of the proposed development shall be further limited to "commercial low intensity" as defined in the Cary Southeast Gateway Plan. Design of the site shall also conform to the general layout illustrated in "Zoning Exhibit A: A conceptual layout" submitted as part of this case ( See Exhibit A for further details). |
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8. Upon written request by the Town (at the time of site plan submittal), a ten (10’) foot wide pedestrian easement, or a vehicular and pedestrian cross access easement (of appropriate width to accommodate drives and sidewalks) shall be provided. The easement(s) shall be located to provide access to the adjacent Hamilton property (Wake Co. Pin # 00707688152. |
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9. A vehicular and pedestrian cross access easement shall be provided to the adjacent Woodard property (Wake Co. Pin # 077207688152). |
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10. Points of ingress and egress directly to Walnut Street shall be limited to one drive. |
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11. Certificate of Occupancy for the proposed development shall not be issued prior to completion of the Walnut Street Widening and Realignment Project. |
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NOTE: Areas bolded are changes/additions since the Public Hearing. |
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REZONING HISTORY |
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N/A |
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SITE DATA |
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WATER/SEWER SERVICE |
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Public water is available to the site via the existing waterline on Walnut St. Based on GIS information, it will be difficult to run gravity sewer from the site to the closest existing sanitary sewer, which is located at the parking area of Centrum Shopping Center. A private pump station may be needed. |
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TRANSPORTATION |
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Traffic Impact Analysis Required: Yes [ ] No [ X ] |
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A 19,000 sq. ft building will generate the following trips: ADT AM PM Sat Peak Sat ADT Sat ADT(Dec.) Retail #820 815 20 71 94 949 1338 Furniture Store #890 96 3 9 15 94 133 Trip Generation (Institute of Transportation Engineers, Sixth Edition, 1997) As a result, no traffic impact study required. Thoroughfare Improvements: The Town’s Walnut Street Widening & Realignment project, which includes widening the subject property frontage, is scheduled to begin in Fall 2001 with an estimated completion in Fall 2002. Certificate of occupancy for the proposed development should not be issued until Walnut Street construction is completed across the property frontage. |
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ENVIRONMENTAL CONSIDERATIONS |
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The project is located in the Swift Creek watershed and will have to meet the requirement of the Reservoir Watershed Protection Ordinance. The project will have to meet the requirements of the Nitrogen Removal Ordinance of the Town of Cary. |
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ADJACENT ZONING AND LAND USES |
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Zoning: |
Land Use: |
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North: |
Business-2 CU |
Centrum Shopping Center |
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South: |
Residential-30 |
Vacant Land |
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East: |
Residential Multi-Family-12 |
Walnut Street, Residential |
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West: |
Residential-30 |
Farm Land |
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TOWN OF CARY FUTURE LAND USE PLAN DATA |
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CURRENT |
PROPOSED |
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Plan Designation: |
Transitional Office |
Commercial |
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Alternate Designation: |
Commercial Low Intensity or Mixed Use Village |
None |
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Activity Center: |
Regional Activity Center |
No Change |
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LAND USE PLAN (Southeast Gateway Plan). |
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The proposal property lies on the western side of Walnut Street on the south side of Centrum. It is part of a larger area, which is identified in the Southeast Gateway Plan for Transitional Office or Commercial Low Intensity use or Mixed Use Village. These land use types were chosen in the plan to facilitate a suitable transition between the more active commercial areas to the north and to the proposed high-density residential or Mixed Use Village area to the south. Is this proposal of the Commercial Low Intensity (CLI) type included in the SE Gateway Plan? Small specialty retail is listed as an example of this use type. Does it meet the plan’s intent? The plan sets out that a commercial low intensity use is one which tends to produce only modest external impacts including visual, traffic, noise, odor or air pollution. CLI uses include some or all of the following site characteristics:
The proposal is to provide a furniture sales showroom. Conditions 1 and 2 restrict the size and scale of the building to the tolerances set out above. The transportation section of this report indicates that average daily trips generated will be less than 1000 as recommended in the plan except at Christmas, also that the peak hour tips will not exceed the 100 recommended. The proposed conditions also commit to the use of some brick and architectural elements to add visual interest and break up the façades visible from Walnut Street Therefore it is broadly compatible with the land use plan and a land use plan amendment is not required. Finally, a review of the land use proposals made in the SE Gateway Plan is underway. A report on the scope and timetable for the review will be made to The Council in January. A focus of this review will be on the traffic generation issues of the land uses and road networks. The final position of the access to Walnut Street should be reviewed in this context at time of site plan submittal. Conditions requiring this further consideration and for safeguarding connectivity through the site have included by the applicants. On this basis the principal of the use is considered to be of a minor scale and acceptable. |
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OPEN SPACE CONSIDERATIONS |
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None. Parcel contains no significant resource areas and is not located within an open space/greenway corridor. |
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PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN |
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No Comment |
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STAFF RECOMMENDATION |
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During the public hearing the applicant offered a sketch plan as a condition to the case. The written conditions are very detailed and predominately relate to the architectural design of the site. The applicant has attempted to insure that the site would be required to develop to the new Town of Cary design guidelines. These proposed conditions will required this to happen which will be reviewed during site plan review of this site. Since the public hearing the applicant has provided additional conditions and a modified Exhibit A (Sketch Plan). Following the public hearing staff reviewed the sketch plan and found it deficient in the Town ordinance requirements relating to parking and access. The applicant understands the code requirements and modified this sketch to a conceptual layout with the parking and access to be determined at time of site plan review as recommended by staff. This request complies with the southeast gateway plan and conforms to the Town of Cary’s APF requirements. We have added data to show weekend peak traffic periods due to concerns mentioned at the public hearing. Even with weekend peaks, the site is still within the allowed range for traffic impact in the area. Based on the restrictive zoning conditions, sketch plan attachment, compliance with the town’s land use plan, and negligible traffic impacts, staff supports this proposal. STAFF RECOMMENDATION: APPROVAL |
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PLANNING & ZONING BOARD RECOMMENDATION |
Board voted unanimously to forward to Council for approval.
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TOWN COUNCIL RECOMMENDATION |
Council voted to deny this request.
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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-05 |