|
TOWN
OF CARY
,
NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO THE TOWN COUNCIL
|
|
Rezoning
Petition:
|
04-REZ-12 - The
Lang-Set Corporation - Amend
the zoning from Residential-40 (R-40),
to General Commercial Conditional Use (GCCU)
|
|
Land
Use Plan Amendment:
|
04-LPA-08 - Amend
the Land Use Plan from Low Density Residential (LDR) to Commercial
(COM)
|
|
Meeting
|
Date
|
Staff
Recommendation
|
Action
|
|
Town Council
Public Hearing
|
August 12, 2004
|
Forward to the
October 18, 2004
Planning & Zoning Board meeting
|
Forwarded to the
October 18, 2004
Planning and Zoning Board meeting.
|
|
Planning and
Zoning Board
|
October 18, 2004
|
Staff recommends
approval of the requests
|
Planning and
Zoning Board unanimously recommended approval of the requests.
|
|
Town Council
|
November 18, 2004
|
Staff recommends
approval of the requests
|
|
|
STAFF
RECOMMENDATION
|
|
Staff recommends approval of the requests.
The existing commercial use was in
place prior to the adoption of the town-wide Land Use Plan in 1996.
The request to amend the Land Use Plan from “Low Density
Residential” to “Commercial” is reasonable, as it will simply
acknowledge and reflect the existing use of the property.
The Plan amendment is also a compatible transition to the
adjacent office/industrial flex use to the east.
The rezoning request, to amend the zoning from Residential 40
(R-40) to General Commercial Conditional Use (GCCU), will make the
zoning classification coincide with both the existing land use and
the Land Use Plan designation.
|
|
TOWN
OF
CARY
CASE MANAGER
|
|
Beth Lewis, Senior
Planner
|
Phone:
(919) 462-3944
Email: beth.lewis@townofcary.org
|
|
APPLICANT
|
OWNERS
|
|
The Lang-Set
Corporation
1301 Granada Drive
Raleigh
,
NC
27612
(919)782-4803
FAX (919)781-1865
|
The Lang-Set
Corporation
1301 Granada Drive
Raleigh,
NC
27612
(919)782-4803
FAX (919)781-1865
|
|
PROJECT
DESCRIPTION
|
|
This
request involves an existing convenience store/gas station.
When the property was annexed into
Cary
in 2001, a Residential-40 zoning designation and a Low Density
Residential land use designation were attached.
The property is developed with a convenience store including
gasoline pumps.
The
following condition is provided by the applicant:
(1)
The structure is limited to two (2) stories in height.
|
|
Parcel
|
Maximum
Density (Du/Ac)
|
Acreage
|
Total
Units
|
Minimum
Lot
Size
|
|
075111655028
|
NA
|
1.44
acres
|
NA
|
NA
|
|
Total
|
|
1.44
acres
|
|
|
|
APPLICANT’S
JUSTIFICATION STATEMENT
|
|
“When
this property was annexed into
Cary
two to three years ago, it
was already being used for commercial activity, but the proper
re-zoning was simply overlooked at the time.
Its current (and past) use as a convenience store is clearly
in keeping with the zoning district requested.
The area surrounding this property has a sizeable number of
commercial enterprises (approximately 21 within a one-block radius
of this property), and a re-zoning to “general commercial” would
be in keeping with the general neighborhood.
The property is at an intersection, which lends itself to
commercial designation.”
|
CURRENT
USE & ZONING
|
|
Current
Land
Use Designation: Low
Density Residential (LDR)
Current Use: Commercial
(convenience store)
|
Proposed
Land Use: Commercial
(COM).
|
|
Current
Zoning: Residential-40 (R-40)
|
Proposed
Zoning: General Commercial Conditional Use (GCCU)
|
|
ADJACENT
ZONING & LAND USES
|
|
|
Existing
Use
|
|
Existing
Land Use Designation
|
|
North
|
Single
family residences
Cemetery
|
Residential-12
Conditional Use (R-12 CU)
Residential-20 (R-20)
|
Low
Density Residential (LDR)
|
|
East
|
Warehousing/light
manufacturing
|
In
Wake
County
, Commercial
(COM)
|
N/A
|
|
South
|
Vacant
Golf Course
|
In
Wake
County
, Commercial
(COM)
|
N/A
|
|
West
|
Warehousing/light
manufacturing
|
In
Wake
County
, Commercial
(COM)
|
N/A
|
PLANNING
|
|
Comprehensive
Plan Analysis
|
The
existing commercial use was in place prior to the adoption of the
town-wide Land Use Plan in 1996.
The request to amend the Land Use Plan from “Low Density
Residential” to “Commercial” is reasonable, as it will simply
acknowledge and reflect the existing use of the property.
The Plan amendment is also a compatible transition to the
adjacent office/industrial flex use to the east.
Staff supports the plan amendment.
|
|
Open
Space Considerations
|
There
are no open space or historic resources located on this parcel.
|
|
Parks
and Greenways
|
There are no Parks,
Recreation, and Cultural Resources issues, i.e. payment-in-lieu or
greenway dedication, for non-residential property.
|
|
Transportation
Planning
|
Town
Council approved staff recommendation on
June 24, 2004
to waive
road widening requirements. The
ultimate right-of-way as dictated by the Comprehensive
Transportation Plan for
Penny Road
and Ten Ten
Road
will be
dedicated with any site plan submittal for the property.
|
|
School
Information
|
Not
applicable, due to the nonresidential use of the property.
|
ENGINEERING
|
|
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
.
|
|
Utilities
(Water and Sewer)
|
This
property has direct access to Town of
Cary
water and sewer. Any site development will be required to comply
with Town of
Cary
utility policies and standards.
|
|
Traffic
Impact Analysis
|
Since
this is an existing use, it will not require a Traffic Impact Study.
|
PARCEL
& OWNER INFORMATION
|
|
Property
Owner(s)
|
County
Parcel
Number
|
Real
Estate ID(s)
|
Area
(Acres)
|
|
Lang-Set
Corporation
|
075111655028
|
0186539
|
1.44
acres
|
|
|
|
|
|
|
Total
Acreage
|
1.44
acres
|
From Engineering Department Staff Report EN04-086 |
