PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

August 9, 2001

PLANNING & ZONING BOARD:

September 17, 2001

TOWN COUNCIL:

October 11, 2001

PARCEL INFORMATION

Parcel #

Realid #

Area

075420903390

0023351

2.00 acres

REZONING DATA

CURRENT

PROPOSED

Zoning:

B2 Conditional Use

B2 Conditional Use. All conditions of the original rezoning dated March 27, 1986 are to remain unchanged except line #1, page 2 where the word "office" would be changed to "O&I". See Attachment A-2.

Overlay District:

N/A

N/A

PERMITTED USES

CURRENT (B2CU)

PROPOSED (OI) ½ B2CU and ½ OI Use

½ Offices

½ Office and Institutional

½ B2CU

REZONING CONDITIONS

CURRENT

PROPOSED

Buffers: North 60 ft.; West 30 ft.

Buffers: North 60 ft.; West 30 ft.

Setbacks: East 45 ft.; South 75 ft.

Setbacks: East 45 ft.; South 75 ft.

Undisturbed Area: North 24%; East 12%; South 2%; West 10%. Total 48% Undisturbed Area.

Undisturbed Area: North 24%; East 12%; South 2%; West 10%. Total 48% Undisturbed Area.

Undisturbed area on southeast corner of lot at intersection will retain (8) mature oak trees, (2) pines, (1) maple, and (1) dogwood.

Undisturbed area on southeast corner of lot at intersection will retain (5) mature oak trees, (4) pines, (1) maple, and (1) dogwood.

Building: Approximately 6,000 SF ( ½ convenience store and ½ office), single story, all brick and glass exterior with matching metal fascia.

Building: Approximately 6,000 SF ( ½ convenience store and ½ office/institutional use), single story, all brick and glass exterior with matching metal fascia.

One pump island with matching metal canopy

One pump island with matching metal canopy

One trash container completely enclosed with an eight-foot fence.

One trash container completely enclosed with an eight-foot fence.

Signage acceptable to Town of Cary in accordance with the new sign ordinance.

Signage acceptable to Town of Cary in accordance with the new sign ordinance.

Safety/Traffic: Add right turn lane, full length of property to the west side of Old Apex Road. Add westbound lane to north side of High House Road, allowing designation of (1) right turn lane and 1 left turn lane onto Old Apex Road from High House Road. Set entrance from High House approximately 150 feet from intersection. Set entrance from Old Apex Road approximately 220 feet from intersection. Install (3) area lights, one at intersection and one at each entrance.

Safety/Traffic: Add right turn lane, full length of property to the west side of Old Apex Road. Add westbound lane to north side of High House Road, allowing designation of (1) right turn lane and 1 left turn lane onto Old Apex Road from High House Road. Set entrance from High House approximately 150 feet from intersection. Set entrance from Old Apex Road approximately 220 feet from intersection. Install (3) area lights, one at intersection and one at each entrance.

REZONING HISTORY

Z-345-86-1

SITE DATA

WATER/SEWER SERVICE

Staff Remarks: Water and sewer services are available to the property via existing public lines within Old Apex Road and High House Road right-of-way.

TRANSPORTATION

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

ENVIRONMENTAL CONSIDERATIONS

This project will have to meet the nitrogen removal requirements of the Town of Cary. There are riparian buffers associated with the project and DWQ will have to investigate if encroachment is desired. The project is not in a protected watershed.

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

North:

Residential 30 C

Single Family Residential

South:

Business 2 CU

High House Road, Daycare

East:

PEC

Old Apex Road, Vacant Land

West:

Office/Institutional CU

Single Family Residential

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

Commercial

Commercial

Alternate Designation:

N/A

N/A

Activity Center:

Neighborhood activity center

Neighborhood activity center

LAND USE PLAN AMENDMENT HISTORY

N/A

STAFF ANALYSIS AND RECOMMENDATION

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

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

REZONING REQUEST

Analysis: The current zoning is Business-2 Conditional Use with a request to amend the existing conditions. A few months ago a Town Zoning Compliance Officer was verifying conformance on the site and realized the church use was not allowed as outlined in the current zoning conditions. The owner has applied to amend the conditions to allow 1/2 convenience store and 1/2 Office and Institutional uses for the site. The current zoning only allows an office. Also the existing vegetation condition of 8 oaks to 5 oaks and increasing from 2 pines to 4 pines are being changed to reflect current site conditions. The site is located in a neighborhood activity center and would support the church use as an institutional use as defined in the land use plan. Staff views this request as a "clean up" to an existing illegal use. This site is consistent with all development standards for the Town of Cary for a church use on this parcel.

Staff recommends approval.

PLANNING & ZONING BOARD RECOMMENDATION

Information regarding this rezoning case will be on the Internet prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2001cases/2001index.htm.