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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-28
(Mt.
Zion)
Revising
existing conditions associated with previous rezoning case.
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Land
Use Plan Amendment:
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No
Land Use Plan amendment is required
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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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January 13, 2005
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Forward to
March 21, 2005
Planning & Zoning Board Meeting
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Forwarded to
March 21, 2005
Planning & Zoning Board Meeting
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Planning and
Zoning Board
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March 21, 2005
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Staff
recommends approval
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Forwarded to Town
Council with unanimous recommendation of approval
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Town Council
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April 14, 2005
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Staff recommends
approval of the request
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Approved as
submitted
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TOWN
OF
CARY
CASE MANAGER
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Bob Benfield,
Senior Planner
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Phone:
(919) 469-4045
Email:
bob.benfield@townofcary.org
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STAFF
RECOMMENDATION
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Staff
recommends approval of the request.
The request was reviewed for compliance with the criteria
established in Sec. 3.4.1(E) of the Land Development Ordinance and
was found to meet the
criteria outlined:
- The
request is consistent with the Comprehensive Plan.
The removal of the 35’ buffer along the western
property line of the
Mt.
Zion
Missionary
Baptist
Church
parcel, would maintain the integrity of the NW Maynard Activity
Center Concept Plan recently approved for this location.
- Adequate
public services are available.
Public services are currently available to the area.
- The
proposed rezoning is unlikely to have significant adverse
impacts on the environment.
The removal of the 35’ buffer would not alter the
amount of open space or perimeter buffer area required by the NW
Maynard Activity Center Concept Plan.
There are no significant natural resources in the area of
the 35’ buffer.
- The
proposed rezoning will not have significant impacts on other
property in the vicinity of the subject tract, because the
35’ buffer is located interior to the NW Maynard Activity
Center development.
- The
proposed zoning classification is suitable for the subject
property. The
removal of the 35’ buffer along the western property line of
the
Mt.
Zion
Missionary
Baptist
Church
parcel, would maintain the integrity of the NW Maynard Activity
Center Concept Plan recently approved for this location.
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PLANNING
AND ZONING BOARD ACTION
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- The Planning and Zoning
Board understood the need to remove the 35’ buffer and offered
no questions or concerns regarding the removal of the buffer. The
Planning and Zoning Board voted unanimously to recommend
approval of the request to the Town Council.
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APPLICANT
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OWNERS
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Mt.
Zion
Missionary
Baptist
Church
Attn: Ms. Robyn Simpson
105 Gray Street
Cary
,
NC
27513
(919) 469-5323
FAX (919) 469-3958
robynsimp@aol.com
PVS Investments
Attn: Mr. Pyreddy Reddy
2209 Colony Woods Drive
Apex,
NC
27523
(919) 363-2323
Pyreddy.reddy@ncmail.net
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Ed Tang, P.E.
Chas. H. Sells, Inc.
15300 Weston Pkwy, Suite 106
Cary,
NC
27513
(919) 678-0035
FAX (919) 678-0206
etang@chashsells.com
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LOCATION
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MAPS
& DOCUMENTS
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Chapel Hill Road
in
Cary
between
Cary Parkway
and
Maynard Road.
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Town
of
Cary
Vicinity Map
Town
of
Cary
Zoning Map
Town
of
Cary
Land
Use Map
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PROJECT
DESCRIPTION
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The
properties in question were rezoned with conditions in 1997.
One of the zoning conditions requires a 35’ buffer between
the two properties. More
recently, an Activity Center Concept Plan was approved for the
development of the northwest quadrant of the intersection of
Chapel Hill
Road, NW
Maynard Road
and
Evans Road
.
Activity
Center
Concept Plans
are not exempt from pre-existing zoning conditions.
The
applicant has proposed to eliminate the 35’ buffer condition on
the northern portion of the property zoned Residential-12
Conditional Use (R-12 CU), and the southern portion of the property
zoned Transitional Residential Conditional use (TR CU) so that
office and retail development may occur without a break (or buffer)
between similar proposed land uses and parking areas.
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APPLICANT’S
JUSTIFICATION STATEMENT
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The previous owners
of both properties have since sold these parcels to the current
owners and the Town has since rezoned both parcels within the
Activity Center Overlay district requiring certain design guidelines
and criteria to be met for an
Activity
Center. The existing
conditional use permit condition named above, conflict with the
design guidelines for an
Activity
Center. Therefore the request
is to delete this condition.
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PROPOSED
ZONING CONDITIONS
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Excluding the
condition requiring a 35’ buffer along the western property line
of the
Mt.
Zion
Missionary Baptist
Church
parcel, all other existing conditions would remain unchanged.
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CURRENT
USE & ZONING
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Current
Land
Use:
Vacant
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Proposed
Land Use:
An
Activity Center Concept Plan (Case 04-AC-05) providing for a mixed
use development was approved for this quadrant of the intersection
of
Chapel Hill Road
and
NW Maynard Road
.
The
specific land uses within this quadrant of the
Activity
Center
include:
West:
Office, Institutional & Medium Density Residential
South:
Office & Retail
East:
Medium Density Residential, Office & Retail
North:
Institutional
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Current
Zoning: Residential-12
Conditional Use (R-12 CU) and Transitional Residential
Conditional Use (TR CU)
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Proposed
Zoning: N/A
(Amending existing zoning conditions)
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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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Residential
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Residential-40
District (R-40)
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Low
Density Residential (LDR)
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East:
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Commercial
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Residential-40
District (R-40) and Office & Institutional (O&I)
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Office/Institutional
(OFC/INS
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South:
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Residential
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Residential-40
District (R-40)
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Office/Institutional
(OFC/INS
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West:
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Residential
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Residential-40
District (R-40)
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Office/Institutional
(OFC/INS
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PLANNING
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Comprehensive
Plan Analysis
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A
Land Use Plan Amendment would not be required to eliminate a zoning
condition regarding buffers.
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Open
Space Considerations
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The
Open Space and Historic Resources Plan indicates no significant
resources present on this site.
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Parks
and Greenways
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The Parks,
Recreation and Cultural Resources Facilities Master Plan includes a
proposed multi-used trail through this rezoning as well as along
Chapel Hill Road
. (These have been included in the Activity Center Concept Plan,
Case 04-AC-05.)
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Transportation
Planning
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Comprehensive
Transportation Plan requirements
·
Chapel Hill Road
–
thoroughfare; 6 lane median divided; 14’ outside lanes to
accommodate bicycles; sidewalk on both sides.
·
Lake Drive
- collector
street; 14’ wide outside lanes to accommodate bicycles; sidewalk
on both sides.
Connectivity
requirements as set forth in the LDO shall be addressed at time of
development plan submittal.
The
location is within the Town’s C-Tran service area.
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ENGINEERING
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Environmental
Considerations
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The
project will be required to meet the nitrogen requirements of the
Town of
Cary.
There
are riparian buffers associated with this project.
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Utilities
(Water and Sewer)
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This
property has access to Town of
Cary
’s public water and sewer. Town of
Cary
utility policies and standards will apply to development of this
site.
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Traffic
Impact Analysis
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Amending
zoning conditions to eliminate buffers would not require a traffic
impact study.
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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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Mt.
Zion
Missionary
Baptist
Church
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0764060653
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0022281
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18.63
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PVS Investments
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0754966542
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0009229
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7.2
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Total
Acreage
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25.83
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