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TOWN
OF CARY
,
NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO TOWN COUNCIL
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Rezoning
Petition:
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04-REZ-14
M&R Pet Doc, LLC, from Residential 40 (R-40) to Office and
Institutional Conditional Use (O&I CU)
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Land
Use Plan Amendment:
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04-LPA-10, Mixed
Use (MXD) to Office/Institutional (OFC/INS)
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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 Meeting
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Town Council
forwarded to the November 15, 2004 Planning and Zoning Board Meeting
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Planning and
Zoning Board
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November 15, 2004
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Staff recommends
approval of the request
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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
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Staff recommends
approval of the request
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TOWN
OF
CARY
CASE MANAGER
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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:
Prohibited Group Living uses:
1.
Dormitory
2.
Life Care Communities
3.
Nursing Homes
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APPLICANT
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OWNERS
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Brian
Griffith
M&R Pet Doc, LLC
105 Breezemere Court
Apex
,
NC
27502
PH: (919) 387-8775
Fax: (919) 851-1982
Email: hometoct@yahoo.com
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Brian
Griffith
M&R Pet Doc, LLC
105 Breezemere Court
Apex
,
NC
27502
PH: (919) 387-8775
Fax: (919) 851-1982
Email: hometoct@yahoo.com
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LOCATION
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MAPS
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Three
hundred and fifty feet east of the intersection of
Carpenter
Fire Station Road
and
Cary
Glen Boulevard
on the southern side.
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Town
of Cary Vicinity
map
Town
of Cary Land
use map
Town
of Cary Zoning
map
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PROJECT
DESCRIPTION
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The
proposal request that a one point thirty-two (1.32) acre parcel,
zoned Residential 40 (R-40), be rezoned to Office, and Institutional
Conditional Use (O&I CU). Currently, the property is vacant. As
a condition the applicant has requested that the following uses be
prohibited:
4.
Group Living
a.
Dormitory
b.
Life Care Communities
c.
Nursing Homes
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Maximum
Density (Du/Ac)
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Acreage
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Total
Units
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Minimum
Lot
Size
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0735048233
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N/A
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1.32
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N/A
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N/A
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APPLICANT’S
JUSTIFICATION STATEMENT
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The
applicant wishes to provide services as noted in the O&I section
of the zoning guidelines for the growing Northwest Area in the Town
of
Cary
.
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CURRENT
USE & ZONING
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Current
Land
Use: Mixed
Use (MXD)
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Proposed
Land Use: Office/Institutional
(OFC/INS)
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Current
Zoning: Residential
40 (R-40)
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Proposed
Zoning: Office
and Institutional Conditional Use (O&I CU)
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ADJACENT
ZONING & LAND USES
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Existing
Use
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Existing
Land Use Designation
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North:
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Vacant
(proposed Town Center Mixed Use)
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Planned
Development District Major (PDD)
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Mixed
Use (MXD)
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East:
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Single
family home
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Residential-40
(R-40)
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Medium
Density Residential (MDR)
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South:
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Vacant
(proposed multi-family residential)
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Planned
Development District Major (PDD)
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High
Density Residential (HDR)
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West:
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Vacant
(proposed Town Center Mixed Use)
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Planned
Development District Major (PDD)
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Mixed
Use (MXD)
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PLANNING
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Comprehensive
Plan Analysis
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Rezoning
Analysis.
The Northwest Area Plan considers this parcel as being part
of a mixed-use Community Activity Center that is focused around Cary
Park PDD’s “Town Center” tract.
Accordingly, the parcel is designated as “Mixed Use” (MXD)
in the Northwest Area Plan.
This
activity center could become somewhat under-represented in office
space. Thus, the proposal to zone this property for
office/institutional uses will help to improve the overall mix of
uses within the activity center, and is therefore supported by
staff.
Land
Use Plan Amendment.
A Land Use Plan amendment is required in order to clarify the
final use for this parcel. (Once
the activity center is zoned with an Activity Center Overlay
District, lot-specific plan amendments such as this will become less
necessary.)
The
intent of the NW Area Plan is that the entire activity center, taken
as a whole, should have an appropriate mix of uses.
Individual parcels will have specific uses that contribute to
that mix, and the proposed OFC/INS use is a desired component within
the Activity Center.
Staff
supports the proposed amendment to change the designation for this
parcel from Mixed Use (MXD) to Office/Institutional (OFC/INS) in the
NW Area Plan.
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Open
Space Considerations
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The
site is wooded, predominantly in coniferous forest.
There are no historic resources identified on the site based
on the Town’s Open Space and Historic Resource Plan
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Parks
and Greenways
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The Parks,
Recreation and Cultural Resources Facilities Master Plan does not
propose any parks or greenways related to this site.
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Transportation
Planning
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Transit:
This
location is within the C-Tran, Cary Transit, service area.
Pedestrian:
Carpenter
Fire Station
Road
is a
thoroughfare. Sidewalk
is required on both sides of thoroughfares.
Bicycle:
Carpenter
Fire Station
Road
is a
thoroughfare. Fourteen (14’) feet wide outside lanes are required
on all new thoroughfares.
Transportation
Plan Element:
As
part of site development,
Carpenter Fire
Station Road
widening will
be required. The Town’s Comprehensive Transportation Plan
designates
Carpenter Fire
Station Road
to have an
ultimate 78’ back-to-back cross-section (2 lanes in each
direction; one 12’ lane and one 14’ lane, with an 18’
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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ENGINEERING
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Environmental
Considerations
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The
project is located in the Jordan Lake 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
.
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Utilities
(Water and Sewer)
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Site
development will be required to comply with current TOC utility
policies and standards.
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Traffic
Impact Analysis
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The
development of 13,000 sq.ft. for a medical office, during the AM
peak hour, will generate 32 trips and the PM peak hour will generate
48 trips. The Average Daily Traffic volume is 470 trips per day. No
Traffic Impact Study is required because it does not generate more
that 100 peak hour trips as defined by the Adequate Public
Facilities Ordinance.
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PARCEL
& OWNER INFORMATION
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Property
Owner(s)
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County
Parcel
Number
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Real
Estate ID(s)
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Area
(Acres)
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M&R Pet Doc,
LLC
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0735048233
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0022045
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1.32
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