Rezoning Petition

TOWN OF CARY , NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO TOWN COUNCIL

Rezoning Petition:	04-REZ-08 NC 55 & Morrisville Parkway
Land Use Plan Amendment:	N/A
Location:	3761 NC Hwy 55
Request:	Rezone property from Residential 40 (R-40) to Office and Institutional (O&I)

Meeting	Date	Recommendation	Action
Town Council Public Hearing	May 13, 2004	Forward to the July 19, 2004 Planning and Zoning Board	Town Council forwarded the case to the July 19, 2004 Planning and Zoning Board
Planning and Zoning Board	July 19, 2004	Staff recommends forwarding to the August 12, 2004 Town Council Meeting	P&Z Board forwarded the case to the August 12, 2004 Town Council meeting.
Town Council	August 12, 2004	Staff recommends approval of request	Town Council approved

STAFF RECOMMENDATION
Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)) and recommends approval for the following reasons: This request is consistent with the current Town of Cary Land Use Plan. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.) The proposed rezoning is unlikely to have a significant impact on the natural environment. The proposed rezoning will not have a significant adverse impact on other property in the vicinity. The proposed zoning classification is suitable for the property.

APPLICANT

OWNER

Glenn Futrell
4004 NC Hwy 55
Cary, NC 27519

Contact:

Will Ferrell
Chas H. Sells, Inc.
919-678-0035

Glenn Futrell
4004 NC Hwy 55
Cary, NC 27519

LOCATION

MAPS

· 3761 NC Hwy 55 within the Town of Cary’s Extra-Territorial Jurisdiction

PROJECT DESCRIPTION
The proposal request that a one (1) acre parcel, zoned Residential40 (R-40), be rezoned to Office, and Institutional (O&I). Currently, the property contains a single family home.
Parcel	Maximum Density (Du/Ac)	Acreage	Total Units	Minimum Lot Size
0735714289	NA	1	NA	NA

APPLICANT’S JUSTIFICATION STATEMENT

Applicant wishes to rezone property to O&I. The site fronts on NC Hwy 55. Lessee/buyer wishes to use the existing residence for office.

CURRENT USE & ZONING
Current Land Use: Single Family Residence	Proposed Land Use: Office
Current Zoning: R-40	Proposed Zoning: O&I

ADJACENT ZONING & LAND USES
	Existing Use	Existing Zoning	Existing Land Use Plan Designation
North:	Singe Family Residential	Residential 40 R-40	Office/Institutional OFC/INS
East:	Vacant	Residential 40 R-40	Office/Industrial OFC/IND
South:	Vacant	Office Research and Development ORD	Low Density Residential LDR
West:	Vacant	Office, Research and Development ORD	Office and Institutional OFC/INS

PLANNING
Comprehensive Plan Analysis	The Cary Land Use Plan identifies the subject parcel as “Office/Institutional” – a land use classification that calls for office uses. The rezoning proposal is consistent with the Land Use Plan.
Open Space Considerations	There are no open space or historic resources located on this parcel.
Parks and Greenways	The Parks, Recreation and Cultural Resources Facilities Master Plan includes a proposed multi-use trail along the west side of NC 55. If approved, the applicant will be required to construct a 10’ wide concrete trail.
Transportation Planning	Transit: This location is within the C-Tran, Cary Transit service area. Pedestrian: Sidewalk is required on both sides of all new/improved thoroughfares and new collectors, and one side of all new residential streets. Bicycle: Fourteen (14’) feet wide outside lanes are required on all new thoroughfares. Transportation Plan Element: NC 55 is proposed to have an ultimate 102’ back-to-back cross section along the subject rezoning frontage. An ultimate 124’ right-of-way is required for the 102’ back-to-back cross section. The developer will be required to widen the road to one-half the ultimate section and dedicate one-half the ultimate right-of-way along the project frontage in conjunction with site development.
School Information	Not Applicable. This is a commercial property.

ENGINEERING
Environmental Considerations	This project meets all of the requirements of the Stormwater section of the Engineering Department.
Utilities (Water and Sewer)	No existing TOC sanitary sewer is available within 300 feet from the site. The applicant will need approval from Wake County to continue using the septic system on site. The proposed development will be required to comply with all TOC utility policies and standards.
Traffic Impact Analysis	A one-acre parcel of property zoned O&I, Office and Institutional, will likely house a building of approximately 10,000 square feet in floor area. A building of that size will not generate over 100 trips in an hour, or 1,000 trips in a day, the threshold for a traffic impact study. A traffic impact study is generally not required for a commercial building of less than 60,000 square feet in floor area.

CURRENT USE & ZONING