PETITIONER

PROJECT CONTACT

PROPERTY OWNER

bhood@mulkeyinc.com

Bill Hood

Harvest Davalland, LLC

Harvest Davalland, LLC

6750 Tryon Road

bhood@mulkeyinc.com

LOCATION:

6750 Tryon Road (Intersection of Tryon Rd. and Frostwood Dr.)

MAPS:

Vicinity Map - Small

Vicinity Map - Large

Zoning Map

Land Use Plan Map

Stream Buffers

Open Space Map

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

August 14, 2003

PLANNING & ZONING BOARD and PUBLIC HEARING:

October 20, 2003

TOWN COUNCIL:

November 13, 2003

PARCEL INFORMATION

Parcel #

Realid #

Area

076212851222

0174261

7.76 (calc) 7.847 (deeded)

REZONING DATA

CURRENT

PROPOSED

UDO

LDO

UDO

LDO

Zoning:

O&I – CU

O&I – CU

O&I – CU

O&I - CU

Overlay District:

Swift Creek Watershed

Swift Creek Watershed

Land Use:

OFC/INS

OFFC

OVERVIEW OF REQUEST

This property is in an O&I CU district and the applicant requests two of the previous conditions changed. Change 1. Building setbacks of at least 90 feet will be applied to the east boundary of Parcel B (Frostwood Lane side) and a building setback of at least 120’ to the north boundary of Parcel B (rear of lots fronting on Larkwood Lane side). No parking will be allowed on the east side of the new building. Change 2. Increase to a 55,000 building and any expansion of the existing structure or new structures constructed will be limited to a single story structure. See further clarification in the "rezoning conditions" listed below.

REZONING CONDITIONS

CURRENT

PROPOSED

1.     Any new buildings would be architecturally compatible with the existing church building and be residential in character.

·         Buildings would be primarily brick, similar in appearance and quality to the existing church building and the residential structures on surrounding lots.

·         All roofs would be pitched (residential in character). Asphalt shingle roof material will closely match the existing building.

2.   Relative to Parcel B, 40-foot Type A buffers will be applied to Frostwood Drive and to the rear of lots fronting on Larkwood Lane . Evergreen trees installed in Type A buffer (10 feet on center or recommended spacing for species) shall grow to a maturity of at least 20 feet in height and be of at least 8 feet in height at time of planting.  Existing vegetation would remain in the buffers.  Building setbacks of at least 120 feet will be applied to the east boundary of Parcel B ( Frostwood Lane side) and to the north boundary of Parcel B (rear of lots fronting on Larkwood Lane side).

3.   The existing gravel parking lot (on Lot B) will be grassed upon church's vacating the property.  Topsoil will be spread over the entire lot and a grass lawn established.

4.   Light pole height will be limited to 20 feet.  Also, shoebox type light fixtures will be used to add attractiveness to the site and limit spillover lighting.  Lot B lighting will be removed upon church vacating property.

5.   Building height will not exceed 36 feet from finished grade to mean height between eaves and peak.

6.   Access to Parcel B from Tryon Road will be limited to one driveway.  (This condition was included in the original application.)  No vehicular access off Frostwood Drive .

7.   The total number of buildings on the entire site (parcels A & B) shall be limited to two buildings (including the existing building) with a maximum square footage for the entire site (parcels A & B) shall be limited to 35,000 square feet. This 35,000 square foot limitation applies to the existing building (June 1999) as well as any additional building

8.   The following uses will be removed as permitted uses under the conditional rezoning:

·         Child day care centers

·         Parking lots, as the principal use of the property

·         Funeral homes

·         Public utility facilities

·         Utility substations

·         Communications, radio, TV microwave or other   telecommunications towers.

·         Outdoor amphitheater, government

·         Package delivery/messenger services

·         Kennels indoor/outdoor (outdoor walking, exercising, training, etc.)

·         Hospitals

·         Nightclubs and bars

·         Farm market

·         Banks

·         Restaurants

9.    The property owner or the assignee shall complete the required thoroughfare plan improvements to Tryon Road prior to January 1, 2000 for the entire property frontage on Tryon Road (parcels A & B).

10.  A traffic impact analysis report as per the Interim Planned Development Ordinance provisions will be required with the initial site plan application for the subject property.

11.  Dumpster and pads will be screened with material matching the building exterior.

12.  No temporary or permanent mobile trailers will be allowed (construction trailers not included).

13.  Existing on-site trailers will be removed upon church vacating property.

1.   Any new buildings would be architecturally compatible with the existing church building and be residential in character.

·         Buildings would be primarily brick, similar in appearance and quality to the existing church building and the residential structures on surrounding lots.

·         All roofs would be pitched (residential in character). Asphalt shingle roof material will closely match the existing building.

2.    Relative to Parcel B, 40-foot Type A buffers will be applied to Frostwood Drive and to the rear of lots fronting on Larkwood Lane . Evergreen trees installed in Type A buffer (10 feet on center or recommended spacing for species) shall grow to a maturity of at least 20 feet in height and be of at least 8 feet in height at time of planting.  Existing vegetation would remain in the buffers.  Building setbacks of at least 120 feet will be applied to the east boundary of Parcel B ( Frostwood Lane side) and to the north boundary of Parcel B (rear of lots fronting on Larkwood Lane side). Building setbacks of at least 90 feet will be applied to the east boundary of Parcel B (Frostwood Lane side) and a building setback of at least 120’ to the north boundary of Parcel B (rear of lots fronting on Larkwood Lane side).  No parking will be allowed on the east side of the new building. 

3.    The existing gravel parking lot (on Lot B) will be grassed upon church's vacating the property.  Topsoil will be spread over the entire lot and a grass lawn established.

4.    Light pole height will be limited to 20 feet.  Also, shoebox type light fixtures will be used to add attractiveness to the site and limit spillover lighting.  Lot B lighting will be removed upon church vacating property.

5.    Building height will not exceed 36 feet from finished grade to mean height between eaves and peak.

6.    Access to Parcel B from Tryon Road will be limited to one driveway.  (This condition was included in the original application.)  No vehicular access off Frostwood Drive .

7.    The total number of buildings on the entire site (parcels A & B) shall be limited to two buildings (including the existing building) with a maximum square footage for the entire site (parcels A & B) shall be limited to 35,000 55,000 square feet. This 35,000 55,000 square foot limitation applies to the existing building (June 1999) as well as any additional building. Any expansion of the existing structure or new structures constructed will be limited to a single story structure. 

8.    The following uses will be removed as permitted uses under the conditional rezoning:

·         Child day care centers

·         Parking lots, as the principal use of the property

·         Funeral homes

·         Public utility facilities

·         Utility substations

·         Communications, radio, TV microwave or other telecommunications towers.

·         Outdoor amphitheater, government

·         Package delivery/messenger services

·         Kennels indoor/outdoor (outdoor walking, exercising, training, etc.)

·         Hospitals

·         Nightclubs and bars

·         Farm market

·         Banks

·         Restaurants

9.   The property owner or the assignee shall complete the required thoroughfare plan improvements to Tryon Road prior to January 1, 2000 for the entire property frontage on Tryon Road (parcels A & B).

10.  A traffic impact analysis report as per the Interim Planned Development Ordinance provisions will be required with the initial site plan application for the subject property.

11. Dumpster and pads will be screened with material matching the building exterior.

12. No temporary or permanent mobile trailers will be allowed (construction trailers not included).

13.  Existing on-site trailers will be removed upon church vacating property.

REZONING HISTORY

98-REZ-32: R-30 to OICU (Approved)

SITE DATA

WATER/SEWER SERVICE

Staff Remarks: This property has direct access to a Town of Cary water line located along Tryon Road . Sewer service to the existing building is provided via an on-site private pump station. The pump station discharges into a public sewer at the intersection of Tryon Road and Throne Wood Drive . TOC Engineering Department is currently planning to install a sewer along Frostwood Lane . Gravity sewer service to Parcel B will be possible once this sewer is in place.    

TRANSPORTATION

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

An office building of 55,000 sq.ft. does not require a traffic study.

AM Peak           86 trips

PM Peak           82 trips

ADT                  606 trips

A Traffic Impact Analysis was prepared by HNTB November 2000 per condition 15.

Analysis: Does not require a traffic impact study

ENVIRONMENTAL CONSIDERATIONS

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

There are riparian buffers associated with this project that will need to be investigated.

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

Analysis:  This project meets all of the requirements of the Stormwater section of the Engineering Department.

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

UDO

LDO

North:

R-30

R-40

LDR

South:

R-30

R-40

LDR

East:

R-30

R-40

LDR

West:

R-30 C

R-12

LDR

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

OFC/INS

No change

Alternate Designation:

none

none

Activity Center:

none

none

COMPREHENSIVE PLAN ANALYSIS

TRANSPORTATION PLANNING

Transit: The Town's transit service (C-Tran) can provide service to the subject area. C-Tran is a demand responsive transit service managed by the Town to provide bus transit to residents, visitors and businesses in Cary.

**Estimated construction start for the Town’s Tryon Road widening project is Spring 2004. Estimated completion is Spring 2006.

OPEN SPACE CONSIDERATIONS

Analysis:  There are no significant resources on the parcel.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

Analysis: No comment

STAFF RECOMMENDATION

PLANNING AND ZONING BOARD RECOMMENDATION:

No Public Hearing Comments were made since no changes have occurred since the last Public Hearing.

TOWN COUNCIL RECOMMENDATION:

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