TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (6/13/02)
02-REZ-02 – 109 Woodwinds Industrial (Apex Heating)

PETITIONER

PROPERTY OWNER

Mike Bell
Apex Heating & Air Conditioning, Inc.
1231 Perry Street
Apex, NC 27560

Telephone: (919) 467-8823
Fax: (919) 467-4366

K&M Air Conditioning & Heating, LLC
4034 NC Hwy 751
Apex, NC 27502

Telephone: (919) 362-9459
Fax: (919) 467-4366

LOCATION:

109 Woodwinds Industrial Court, Cary, NC

MAPS:

Vicinity Map - Small
Vicinity Map - Large
Zoning Map
Aerial Map
Land Use Plan Map
Stream Buffers
Open Space
Town Council Vicinity

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

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

March 26, 2002

PLANNING & ZONING BOARD:

May 20, 2002

TOWN COUNCIL:

June 13, 2002

 

PARCEL INFORMATION

Parcel #

Realid #

Area

075318327309

0063008

1.00 acres

 

REZONING DATA

 

CURRENT

PROPOSED

Zoning:

Residential-30 (R-30)

Light Industrial (I-1)

Overlay District:

None

None

Land Use:

Commercial

Commercial

 

REZONING CONDITIONS

CURRENT

PROPOSED

None

None

 

REZONING HISTORY

None.

 

SITE DATA

WATER/SEWER SERVICE

Staff Remarks: Public water and sewer mains are available to serve the property. Both mains are located within Woodwinds Industrial Court right-of-way.

 

TRANSPORTATION

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

Existing Use – Will not exceed 100 peak hour trips or 1000 vehicles per day.
No thoroughfare improvements are required.

 

ENVIRONMENTAL CONSIDERATIONS

The property is located in the Swift Creek Watershed and will be required to address the Reservoir Watershed Protection Ordinance of the Town of Cary.

 

ADJACENT ZONING AND LAND USES

 

Zoning:

Land Use:

North:

Residential-30

Vacant Land
Old Apex Road

South:

Industrial-1

Commercial

East:

Industrial-1

Commercial

West:

Industrial-1

Commercial

 

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

Office Industrial

No Change

Alternate Designation:

None

No Change

Activity Center:

Neighborhood Activity Center

No Change

 

LAND USE PLAN AMENDMENT HISTORY

The Land Use Plan shows the property and adjoining properties for office/industrial use. The property is located in an existing industrial park. The rezoning proposal is therefore considered consistent with the Land Use Plan and the Growth Management Plan.

 

OPEN SPACE CONSIDERATIONS

None.

 

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

None.

 

STAFF ANALYSIS

Changes Since Public Hearing:

No comments or concerns were raised at the public hearing. No changes to this request have been made since the public hearing.

Protest Petition Information:

Valid [ ] Invalid [ ] None Filed [x]

Analysis:

This property, located adjacent to the Woodwinds Industrial Park, is an independent Residential-30 site surrounded by Industrial-1 zoning and development. This site has been used since 1971 as a non-conforming air conditioning business. In March of 2001, the business was sold and the new owner expanded the non-conforming use to include a towing service in addition to the heating and air conditioning business. The owner was sited in June of 2001 with a violation for expanding the non-conforming use. The rezoning request is in response to that notice of violation from the Town.

The Town’s Land Use Plan shows office/industrial use for this property and for the adjoining properties. Also, because the property is located adjacent to an existing industrial park, the rezoning proposal is considered consistent with the Land Use Plan and the Growth Management Plan.

No issues were noted in the major summary areas listed in this document.

 

STAFF RECOMMENDATION

Staff recommends approval of the rezoning request.

 

PLANNING & ZONING BOARD RECOMMENDATION

The Board recommended forwarding to Council for approval.

 

TOWN COUNCIL

Town Council voted unanimously to approve.

 

Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2002cases/2002index.htm