PETITIONER

PROPERTY OWNER

Mike Zaccardo The John R. McAdams Co.

P. O. Box 14005

Research Triangle Park, NC 27709

(919) 361-5000 ext.147

(919) 361-2296 (fax)

zaccardo@johnrmcadams.com

Arthur Steckler S.N.R. Management Corp. Trustee

1101 Haddon Hall Drive

Apex, NC 27502

(919) 387-8780

(919) 387-8708

LOCATION:

The northwest quadrant of the intersection of Kildaire Farm Road and Wrenn Drive

MAPS:

Vicinity Map - Small

Vicinity Map - Large

Open Space Map

Zoning Map

Land Use Plan Map

Stream Buffers

Conceptual Plan

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

June 12, 2003

PLANNING & ZONING BOARD:

July 21, 2003

TOWN COUNCIL:

August 14, 2003

PARCEL INFORMATION

Parcel #

Realid #

Area

0763339791

0055378

2.5 acres

REZONING DATA

CURRENT

PROPOSED

UDO

LDO

UDO

LDO

Zoning:

B-2 CU

GC CU

B-2 CU

GCCU

Overlay District:

RWPO

WPO (Swift)

RWPO

WPO (Swift)

ACO

ACO

Land Use:

VAC

COM

REZONING CONDITIONS

CURRENT

PROPOSED

1-A. Landscaping in the buffer areas along Kildaire Farm Road and Wrenn Drive and in other areas on the property will continue the general theme established on the adjoining properties on which Mazzio's and Goodberry's are located, subject to site plan approval.

Specifically, buffer on Kildaire Farm Road will be no less than 15 feet wide and on Wrenn Drive will be no less than 10 feet wide. Planting in buffer shall consist of:

a) Hardwood trees 301 on center and a minimum of 3 1/2" caliper

b) Evergreen shrubs reaching a minimum planting height of 36" planted 3' on center with a minimum planting height of 30" for the purpose of screening parked cars from street view.

1-B. There shall be an additional buffer at the intersection of Kildaire Farm Road and Wrenn Drive that extends 50' in each direction that combines for a total 25' buffer from the right of way. This buffer shall be planted with a continuous hedge of Burford Holly minimum 3 to 3 1/2 foot height and 2 1/2 to 3 foot spread planted 5 feet on center. In addition, a total of five Foster Hollies minimum 5 to 6 foot height and 4 to 5 foot spread.

If property is subdivided into 3 lots, all building sites shall utilize similar landscaping plant materials with a common landscape design concept.

1-A. Landscaping in the buffer areas along Kildaire Farm Road and Wrenn Drive and in other areas on the property will continue the general theme established on the adjoining properties on which Mazzio's and Goodberry's are located, subject to site plan approval.

Specifically, buffer on Kildaire Farm Road will be no less than 15 feet wide and on Wrenn Drive will be no less than 10 feet wide. Planting in buffer shall consist of:

a) Hardwood trees 301 on center and a minimum of 3 1/2" caliper

b) Evergreen shrubs reaching a minimum planting height of 36" planted 3' on center with a minimum planting height of 30" for the purpose of screening parked cars from street view.

1-B. There shall be an additional buffer at the intersection of Kildaire Farm Road and Wrenn Drive that extends 50' in each direction that combines for a total 25' buffer from the right of way. This buffer shall be planted with a continuous hedge of Burford Holly minimum 3 to 3 1/2 foot height and 2 1/2 to 3 foot spread planted 5 feet on center. In addition, a total of five Foster Hollies minimum 5 to 6 foot height and 4 to 5 foot spread.

If property is subdivided into 3 lots, all building sites shall utilize similar landscaping plant materials with a common landscape design concept.

2. Driveways shall be limited to one full access drive located within 150’ of the western boundary line on Wrenn Drive, and no direct access to Kildaire Farm Road.

2. Driveways shall be limited to one full access drive located within 150’ of the western boundary line on Wrenn Drive, and no direct access to Kildaire Farm Road.

3. The maximum number of subdivided parcels shall be three (3), and only uses allowed in the O&I district shall be allowed adjoining the western boundary (Post Office side).

 

3. The maximum number of subdivided parcels shall be three (3), and only uses allowed in the O&I district shall be allowed adjoining the western boundary (Post Office side).

 

4. No building exceeding two stories in height shall be constructed within 100 feet of Kildaire Farm Road. (Property is about 350 feet deep.)

4. No building exceeding two stories in height shall be constructed within 100 feet of Kildaire Farm Road. (Property is about 350 feet deep.)

5. Exterior building materials shall consist of one or more of the following: brick, wood, stone, glass, concrete, stucco. All buildings will have a coordinated building design.

5. Exterior building materials shall consist of one or more of the following: brick, wood, stone, glass, concrete, stucco. All buildings will have a coordinated building design.

6. There shall be a sidewalk on both Wrenn Drive and Kildaire Farm Road.

 

6. There shall be a sidewalk on both Wrenn Drive and Kildaire Farm Road.

 

7. No building shall be constructed within 75’ of the right-of-way on Kildaire Farm Road.

 

7. No building shall be constructed within 50’ of the existing right-of-way of Kildaire Farm Road.

8. Allowable uses shall be limited to the following:

a) stores, retailing, bakeries, radio and television and related products, bookstores, candy and musical goods; and

b) restaurants, business offices, financial offices, government offices, medical offices, professional offices, repair and service of offices, churches and related appurtenances.

8. Allowable uses shall be limited to the following:

a) stores, retailing, bakeries, radio and television and related products, bookstores, candy and musical goods; and

b) restaurants, business offices, financial offices, government offices, medical offices, professional offices, repair and service of offices, churches and related appurtenances.

9. If drive up type service windows are made a part of any proposed building, there shall be only one and it shall be located on the northern or western side of such building.

9. If drive up type service windows are made a part of any proposed building, there shall be only one and it shall be located on the northern or western side of such building.

10. Flagpoles, if any, shall not exceed 30 feet in height. Flags shall be appropriately sized and not exceed 5 feet by 8 feet.

10. Flagpoles, if any, shall not exceed 30 feet in height. Flags shall be appropriately sized and not exceed 5 feet by 8 feet.

The applicant requests that condition #7 be revised from the 1989 rezoning conditions to allow a 50’ setback from Kildaire Farm Road.

REZONING HISTORY

This property was rezoned in 1989 and 1984 as the case numbers: Z-572-89-1 and Z-263-84-1 respectively. Both rezoning requests were approved.

SITE DATA

WATER/SEWER SERVICE

Staff Remarks:

TOC public water line along Kildaire Farm Road is readily accessible to this development. This property can be sewered by gravity to an existing public sewer located at the cul-de-sac of Common Wealth Ct. The rezoning request will not have impact to Town of Cary’s water and sewer system.

TRANSPORTATION

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

An office building of 20,000 sq.ft. and a restaurant of 6,340 sq.ft., during the AM peak hour, will generate 36 trips and the PM peak hour will generate 77 trips. The ADT volume is 787 trips per day. No Traffic Impact Study required. Zoning condition #7 should not effect traffic volumes.

ENVIRONMENTAL CONSIDERATIONS

The project is located in the Swift Creek Watershed and will have to meet the requirements of the Reservoir Watershed Protection Ordinance of the Town of Cary.

The project will be required to meet the nitrogen requirements of the Town of Cary.

Analysis: The project is meeting the watershed protection and nitrogen removal requirements through the use of a sand filter on the project.

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

UDO

LDO

North:

OI & B-2 CU

OI & GC CU

OFC/INS & COM

South:

B-2 CU & R-12 PUD

GC CU & PDD Major

COM & HDR

East:

R-12 PUD

PDD Major

OFC/INS

West:

OI

OI

OFC/INS

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

Commercial

No change.

Alternate Designation:

none.

No change.

Activity Center:

within a Neighborhood Activity Center.

No change.

COMPREHENSIVE PLAN DATA

LAND USE PLAN AMENDMENT HISTORY: None.

The subject parcel is designated as commercial on the Land Use Plan, and will remain that way under the proposed rezoning. No amendment is necessary.

Analysis: No comment.

Transportation Plan

Transit: No comment

Pedestrian: Sidewalk exists along the property’s Kildaire Farm Road frontage.

Bicycle: Kildaire Farm Road is designated to have wide outside lanes to accommodate bicyclists.

Transportation Plan Element: Kildaire Farm Road is designated to have an ultimate 4-lane median divided cross section (78’ back-to-back section centered within an 100’ right-of-way) .

Analysis: No comment.

Open Space Plan

Analysis: The parcel is not part of the Town’s Open Space system.

PARKS AND GREENWAYS MASTER PLAN

Analysis: No comment.

Staff Recommendation

The following condition has been added since the public hearing:

1. No building shall be constructed within 50’ of the right-of-way on Kildaire Farm Road.

 

Valid [ X ] Not Enough Signatures with 100 feet[ ] None Filed [ ]

At the public hearing, concerns were raised about the location of the building and how it might affect the visibility of adjoining buildings. The applicant has moved the building away from Kildaire Farm Road and added a condition that the building will be at least 50 feet from the existing right-of-way of Kildaire Farm Road.

The Town of Cary’s Design Guidelines requires buildings to be located adjacent to the street with parking areas located to the side and rear. The applicant has adjusted the building location to be more aligned with the adjacent Goodberry’s building. The parking will be located to the side and the rear of the proposed restaurant.

The applicant has been working with staff to locate the building in accordance with the design guidelines and to address the concerns of the adjoining property owners regarding visibility. Staff is of the opinion that the building location as proposed is a reasonable compromise and recommends approval.

With the evaluation of the above issues staff has identified a list of pros and cons with respect to this request.

• This request meets all Town of Cary requirements.
• This request is consistent with Town of Cary Design Guideline standards.

• Valid Protest Petition

STAFF RECOMMENDATION:

Staff recommends approval.

PLANNING AND ZONING BOARD RECOMMENDATION:

Wally Dawson made a motion to forward to council for approval which was seconded by Ervin Portman and the Board voted unanimously.

TOWN COUNCIL RECOMMENDATION:

It will be determined after the Town Council meeting.

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/2003cases/2003index.htm