TOWN OF CARY, NORTH CAROLINA
REQUEST FOR REZONING

STAFF RECOMMENDATION TO
 THE
TOWN COUNCIL

Rezoning Petition:

04-REZ-29 Fairview Village Planned Development District (PDD).

Land Use Plan Amendment:

04-LPA-19 From Low Density Residential (LDR) and Commercial (COM) to Commercial (COM) and Medium Density Residential (MDR).  (This amendment will no longer be required if the Neighborhood Activity Center (NAC) Land Use Plan amendment is approved.)

 

Meeting

Date

Staff
Recommendation

Action

Town Council Public Hearing

February 24, 2005

Forward to the April 18, 2005 Planning and Zoning Board meeting

The request was referred to the April 18, 2005 Planning and Zoning Board meeting.

Planning and Zoning Board

April 18, 2005

Staff recommends approval of the request with conditions

Planning Board voted unanimously to recommend approval of the request as submitted by the applicant.  (See Planning and Zoning Board Action Section below.)

Town Council

May 12, 2005

Staff recommends approval of the request with conditions

 

 

TOWN OF CARY CASE MANAGER

Bob Benfield, Senior Planner

Phone:  (919) 469-4045
E-mail:  bob.benfield@townofcary.org

 

STAFF RECOMMENDATION

Staff recommends approval of the request, because it complies with the criteria established in sections 3.4.3(E), 3.4.1(E) and 4.2.3(D) of the Land Development Ordinance for consideration of approval of a PDD request.  The recommendation of approval includes the following conditions:  

·     That within the mixed use component of the PDD, residential dwelling units be provided in the medium density range.  

3.4.3(E)  Approval Criteria:

In addition to the general approval criteria for rezonings set forth in Section 3.4.1(E), PDD rezoning applications shall be reviewed for compliance with the following additional criteria:

(1)  The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

(2)  The request complies with the PDD standards of Section 4.2.3.  

3.4.1(E)  Rezoning Approval Criteria:  

  • The request is consistent with the Comprehensive Plan.  The request is consistent with the Comprehensive Plan.
  • Adequate public services are available.  Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.)
  • The proposed rezoning is unlikely to have significant adverse impacts on the environment.  The proposed rezoning would have no significant impact on the natural environment.
  • The proposed rezoning will not have significant impacts on other property in the vicinity of the subject property.  The proposed rezoning will not have a significant adverse impact on other property in the vicinity.
  • The proposed zoning classification is suitable for the subject property.  The proposed zoning classification is consistent with Cary ’s Activity Center Land Use designations.

Section 4.2.3(D), Criteria for approval of a PDD

(1)  Uses Allowed

A planned development may contain any or all of the uses specified in the approved PDD master plan, provided such uses are consistent with the Comprehensive Plan.  The PDD contains commercial and medium density residential development as set forth on Cary ’s Land Use Plan.

(2)  Mixed Uses Encouraged

(a)  Mixed use developments are strongly encouraged in the PDD zoning districts, including the mixing of principal residential uses with principal non-residential uses.  As recommended by staff, the PDD would contain an area of mixed commercial, office, and residential development.

(b)  Planned developments containing both residential and non-residential uses shall be designed, located, and oriented on the site so that non-residential uses are directly accessible to residents of the development.  The PDD would include buildings containing both residential and nonresidential development.  Pedestrian access would be provided between the dwelling unit locations to all other buildings and to uses within the PDD.

 

PLANNING AND ZONING BOARD ACTION

The Planning and Zoning Board voted unanimously to recommend approval of the request as submitted by the applicant.  The applicant’s submittal included a section designated for Commercial/Mixed Use development.  Staff had recommended that this section be modified to include a mixed use component that would have included residential dwelling units in the medium density range.  The Planning Board voted to keep the Commercial/mixed use section as submitted by the applicant.  (A previous Land Use Plan amendment item for the Fairview Activity Center, was recommended for approval by the Planning Board. The recommendation included replacing the proposed Medium Density Residential (MDR) component of the plan with Mixed Use (MXD).designation.)  

An associated Land Use Plan amendment from Low Density Residential (LDR) and Commercial (COM) to Commercial (COM) and Medium Density Residential (MDR) was not acted upon due to the recommendation of approval of the Fairview Activity Center Land Use Plan amendment.  

   

CHANGES SINCE PUBLIC HEARING

      The mixed use component for this area presented at the public hearing included 20,000 sq. ft. of office and 36 dwelling units in the area designated for medium density residential on Cary’s proposed Land Use Plan.

      The current proposal replaces the original proposal with 20,000 sq. ft. of commercial/mixed use development.

      The Town Council expressed concern with including a provision that would require medium density residential development in the mixed use section of the plan, given the rural nature of the surrounding area.  

     No public concerns or protest petitions have been received with regard to this request.  

 

APPLICANT

OWNERS

Jerry Turner
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
(919) 851-7150
Fax (919) 851-7547
jturner@jerryturnerassoc.com

 

The Pantry Inc.
1801 Douglas Drive
Sanford, NC 27330
Attn:  Don Davis  

Clarence Kenneth & Mary L West
8721 Holly Springs Road
Apex, NC 27539-9196  

Vance L. Sexton
8809 Holly Springs Road
Apex, NC 27539-9196  

Mary Linda West ET AL
8721 Holly Springs Road
Apex, NC 27539-9194

 

LOCATION

MAPS & DOCUMENTS

Southeastern quadrant of the intersection of Holly Springs Road and Ten Ten Road.

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

Master Land Use Plan Map

Planned Development District (PDD) Document

 

PROJECT DESCRIPTION

The purpose of this request is to establish a Planned Development District (PDD) designation for the southeastern quadrant of the intersection of Holly Springs Road and Ten Ten Road.  The PDD would contain 122,000 square feet of commercial and an additional 20,000 square feet of commercial/mixed use development on 19.14 acres.  

This property is located in an area designated as a future Neighborhood Activity Center, and is currently outside Cary’s town limits and extraterritorial zoning jurisdiction.  Therefore, the property must be annexed and rezoned to Planned Development District (PDD). 

   

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

0760776759

 

1.98 ac.

N/A

 

0760775550

 

9.60 ac.

N/A

 

0760771323

 

 0.87 ac.

N/A

 

0760770010

 

 6.69 ac.

N/A

 

Total

 

   19.14 acres

N/A

 

 

APPLICANT’S JUSTIFICATION STATEMENT

The applicant is proposing annexation of the property into the Town limits of Cary and is requesting Planned Development District (PDD) zoning.  The applicant is also requesting under separate application an Activity Center Overlay District designation as a part of the proposal.  A commercial property use is proposed, and the plans include a neighborhood shopping center.   Given development patterns in the area, this location fits the criteria for a neighborhood shopping center.  Water and sewer is in close proximity to the site, and the Town has made infrastructure improvements in the area to accommodate future development.  Along with the request for PDD zoning, the applicant is seeking a Land Use Plan amendment to bring this property into the Town’s Land Use Plan.

 

CURRENT & PROPOSED TOWN OF CARY LAND USE PLAN DESIGNATION

Current Land Use Plan Designation:  Low Density Residential (LDR) and Commercial (COM)

Proposed Land Use Plan Designation:  Commercial (COM) and Medium Density Residential (MDR)

 

EXISTING & PROPOSED ZONING

Current Zoning:  Residential-30 Wake County (R-30W) and General Business Wake County (GB)

Proposed Zoning:  Planned Development District (PDD), with Neighborhood Activity Center Overlay designation (NAC)

 

ADJACENT ZONING & LAND USES

 

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Vacant

Residential-40 Wake County
(R-40 W)

Very Low Density Residential (VLDR), Office/Institutional (OFC/INS)

East:

Single-family

Residential-30 Wake County
(R-30 W)

Very Low Density Residential (VLDR)

South:

Vacant (approved for YMCA)

Residential-40 (R-40)

Low Density Residential (LDR)

West:

Commercial, Industrial, and Single-family

General Commercial Wake County (GB),
Industrial-1
Wake County (I-1), Residential-40 Wake County

(R-40 W)

Low Density Residential (LDR)

 

PLANNING

Comprehensive Plan Analysis

A Land Use Plan amendment will be required to change the designation from Low Density Residential (LDR) and Commercial (COM) to Commercial (COM) and Medium Density Residential (MDR).  The proposed site lies within an area that is under study as a future Neighborhood Activity Center.  

Parks and Greenways

There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan.

Transportation Planning

Roadway improvements need to be consistent with the Town’s Comprehensive Transportation Plan requirements for Holly Springs Rd. and SR1010.  This area borders the C-Tran service area boundary.

 

ENGINEERING

Environmental Considerations

The project will be required to meet the nitrogen requirements of the Town of Cary.  Riparian buffers are associated with this project.

Utilities (Water and Sewer)

The proposed development has direct access to the 16” Town of Cary waterline on Ten Ten Road . Off-site sewer extension to obtain public sanitary service via an existing sewer located at the YMCA.  Compliance with Town of Cary utility policies and standards will be required for water and sewer service to the property.

Traffic Impact Analysis

A draft traffic impact study has been prepared by Town of Cary traffic consultant MAB dated April 1, 2005. The findings and conclusions are based on development options that can only be determined at the time of development plan review.  A link is provided in this section connecting to the Traffic Impact Study prepared for the Fairview Village Activity shopping center area.

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number

Real Estate ID(s)

Area (Acres)

The Pantry, Inc.

0760776759

0324285

1.98 ac.

Mary Linda West ET AL

0760775550

0055386

9.60 ac.

Clarence Kenneth & Mary L West

0760771323

0075618

.87 ac.

Vance L Sexton

0760770010

0036715

6.69 ac.

Total Acreage

19.14 ac.