|
TOWN
OF CARY
,
NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO TOWN COUNCIL
|
|
Rezoning
Petition:
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04-REZ-13
(Conditional Use) –
Old Apex Road
, from Office and Institutional
(O&I) to Office Research and Development (ORD-CU) Conditional
Use
|
|
Land
Use Plan Amendment:
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N/A
|
|
Meeting
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Date
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Staff
Recommendation
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Action
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Town Council
Public Hearing
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September 9, 2004
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Forward
to the
November 15, 2004
Planning and Zoning Board
|
Town
Council forwarded to the November 15, 2004 Planning and Zoning Board
Meeting
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|
Planning and
Zoning Board
|
November 15, 2004
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Staff recommends
approval of the request
|
The Planning and
Zoning Board recommended approval of the request (8-0).
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Town Council
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December 9, 2004
|
Staff recommends
approval of the request
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TOWN
OF
CARY
CASE MANAGER
|
|
Angela Reincke,
Senior Planner
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Phone:
(919) 462-3942
Email: angela.reincke@townofcary.org
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STAFF
RECOMMENDATION
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Staff
believes that this request satisfies 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.
The
rezoning contains the following conditions:
1)
The following uses will be
prohibited:
·
Hospital
·
Outdoor
amphitheatre
·
Sexually
oriented business
·
Parking
structure
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|
APPLICANT
|
OWNERS
|
|
Donald
W Panko & Georgene K Panko
106 Barbary Court
Cary
,
NC
27511
919/462-8052
email address dpg@intrex.net
|
Donald
W Panko & Georgene K Panko
106 Barbary Court
Cary
,
NC
27511
919/462-8052
email address dpg@intrex.net
|
|
PROJECT
DESCRIPTION
|
|
This
request is to rezone the two properties currently zoned Office and
Institutional (O&I) and change the zoning to Office, Research
and Development (ORD) Conditional Use.
No specific uses have been identified.
The subject properties are located on
Old Apex Road
approximately 1800 feet northeast of the
intersection with
SW Cary Parkway
.
The
rezoning contains the following conditions:
2)
The following uses will be
prohibited:
·
Hospital
·
Outdoor
amphitheatre
·
Sexually
oriented business
·
Parking
structure
|
|
Parcel
|
Maximum
Density (Du/Ac)
|
Acreage
|
Total
Units
|
Minimum
Lot
Size
|
|
075314439212
|
N/A
|
1.95
|
N/A
|
N/A
|
|
075314437100
|
N/A
|
1.09
|
N/A
|
N/A
|
|
Total
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N/A
|
3.04
|
N/A
|
N/A
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APPLICANT’S
JUSTIFICATION STATEMENT
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|
Applicants
have owner the subject parcels for 24 years and have been marketing
them for sale for the last 7 years. There have been no other
properties in the immediate vicinity developed as office, but rather
the only recent development has been for retail (garden center and a
flooring company) and industrial (Town of
Cary
water storage facility and cellular phone tower).
There is an elevated railroad track in the rear of both
parcels, rendering them less suitable for office use/development.
Office, Research and
Development (ORD)
zoning would expand the range of more appropriate uses for these
properties. The property
is heavily wooded and allows for significant undisturbed buffers.
Office, Research and
Development (ORD)
zoning is in keeping with recent uses introduced to the area and
should have little or no negative impact on the area, given the
protections inherent in the site plan process.
Development of these properties in an aesthetically and
environmentally sensitive manner would be a major improvement to
this corridor.
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CURRENT
USE & ZONING
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Current
Land
Use: Office/Industrial
(OFC/IND)
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Proposed
Land Use: Office/Industrial
(OFC/IND)
|
|
|
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Current
Zoning: Office
and Institutional (O & I)
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Proposed
Zoning: Office,
Research and Development (ORD-CU)
Conditional Use
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ADJACENT
ZONING & LAND USES
|
|
|
Existing
Use
|
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Existing
Land Use Designation
|
|
North:
|
Vacant
|
Residential
12
(R-12)
|
Transitional
Office (TRANS_OFC)
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East:
|
Cellular
Tower
|
Office
and Institutional
(O & I)
|
Office/Industrial
(OFC-IND)
|
|
South:
|
Residential
Single Family
|
Residential
12
(R-12)
|
Low
Density Residential (LDR)
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|
West:
|
Commercial
Mangums Flooring
|
General
Commercial
(GC)
|
Commercial
(COM)
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PLANNING
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|
Comprehensive
Plan Analysis
|
The
requested rezoning is fully compliant with the Town of Cary Land Use
Plan. A Land Use Plan
amendment is not required. The
parcel is designated as “Office/Industrial” in the Land Use
Plan, which generally corresponds with the ORD zoning district.
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Open
Space Considerations
|
No
open space or historic resources are located on this site, based on
the Town’s Open Space and Historic Resource Plan.
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Parks
and Greenways
|
There are no park
or greenway issues associated with these parcels, based on the
Parks, Recreation and Cultural Resources Facilities Master Plan.
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Transportation
Planning
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Transit:
This location is within the C-Tran, Cary Transit service area.
Pedestrian:
Since
Old Apex Road
is a
thoroughfare, sidewalks are required on both sides.
Bicycle:
Since
Old Apex Rd.
is a
thoroughfare, fourteen (14’) feet wide outside lanes are required.
Transportation
Plan Element:
As part of site development,
Old Apex Road
widening will
be required. The
Town’s Comprehensive Transportation Plan designates
Old Apex Road
to have an
ultimate 69’ back-to-back cross-section (2 lanes in each direction
(one 12’ lane and one 14’ lane with a 12’ center-landscaped
median).
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School
Information
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No
school information is required for non-residential projects.
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| |
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ENGINEERING
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Environmental
Considerations
|
Flooding due to a
stormwater pipe under the railroad track was brought up at the
Public Hearing. The
Railroad was contacted and the pipe that is causing the problem is
scheduled to be upgraded. No
date for the upgrade was given but the upgrade is on the Railroads
maintenance plan. If the
upgrade has not occurred at site plan submittal steps will be taken
to ensure this project does not further impact the situation.
The project meets the stormwater requirement of the Town of
Cary
.
|
|
Utilities
(Water and Sewer)
|
The proposed change
of use will not have measurable impact to the Town’s utility
system.
|
|
Traffic
Impact Analysis
|
The
change from Office and Institutional (O-I) to Office, Research and
Development (ORD) should not change the number of trips generated
for the site. The town does not require a traffic study unless the
proposed use would generate more than 100 additional trips during a
peak traffic time.
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PARCEL
& OWNER INFORMATION
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Property
Owner(s)
|
County
Parcel
Number
|
Real
Estate ID(s)
|
Area
(Acres)
|
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Donald
W. Panko
|
075314439212
|
101279
|
1.95
|
|
Georgene
K. Panko
|
075314437100
|
101282
|
1.09
|
|
Total
Acreage
|
3.04
|
|
