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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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05-REZ-07 Herndon
Property Office and Institutional Conditional
Use
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Land
Use Plan Amendment:
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N/A
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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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May 12, 2005
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Forward to the
July 18, 2005
Planning and Zoning Board Meeting
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Forwarded to the
July 18, 2005
Planning and Zoning Board Meeting
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Planning and
Zoning Board
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July 18, 2005
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Staff recommends
approval of the request
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The Planning
Board voted unanimously (10-0) to approve the request
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Town Council
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August 25, 2005
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Staff recommends
approval of the request
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The
Town Council voted unanimously (5-0) to approve 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
angela.reincke@townofcary.org
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STAFF
RECOMMENDATION
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Staff
believes that this request adequately meets the rezoning criteria
set forth in the Land Development Ordinance (3.4.1 (E)) and
recommends approval.
- 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.
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PLANNING
& ZONING BOARD ACTION
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Concerns
discussed by the Board included:
- Future access locations
and Department of Transportation approval of access;
- Congestion and median
requirements for Highway 55; and
- The purpose behind the
original condition to not allow access to Hwy 55.
Staff
responded that the original rezoning condition for restricted access
was because the property did not have direct access to Hwy 55.
Staff has spoken with staff at the Department of
Transportation and has discussed options for a future access
location. Although a
final location will be determined with site plan approval there was
support for an access along Hwy 55 in the location of this property,
possibly restricted to right in right out due to the Town’s
Transportation plan showing Hwy 55 as a five lane median divided
road.
The
Planning and Zoning Board voted unanimously (10-0) to recommend
approval of the request.
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CHANGES
SINCE PUBLIC HEARING
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There
have been no changes since the public hearing.
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TOWN
COUNCIL PUBLIC HEARING
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Several
speakers discussed the following issues:
- Additional development
in the area from currently vacant land
- Impact on traffic from
additional development of this site
- Access information to
Highway 55
- Environmental and water
runoff to adjacent parcels
- Increased accidents and
crime
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ORIGINAL
ZONING CONDITIONS
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EXISTING
CONDITIONS (97-REZ-11):
1)The
use is conditioned to be a daycare center as permitted in the
O&I district.
2)Access
for the site will be from
Lewey Drive
- no access will be permitted from NC Hwy 55.
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PROPOSED CONDITONS (05-REZ-007):
1)The
use is conditioned to be a daycare center as permitted in the
O&I district.
2)Access
for the site will be from
Lewey Drive
- no access will be permitted from NC Hwy 55.
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APPLICANT
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OWNER
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Leon W. Herndon,
Sr.
6828 Turner Creek Road
Cary
,
NC
27519
(919) 367-0389
FAX (919) 367-0906
Herndony2k@aol.com
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Leon
W. Herndon, Sr.
6828 Turner Creek Road
Cary
,
NC
27519
(919) 367-0389
FAX (919) 367-0906
Herndony2k@aol.com
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LOCATION
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MAPS
& DOCUMENTS
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2404
Highway 55
123 Bright
Beginning Way
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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
request is to rezone Tract 1 to Office and Institutional Conditional
Use. There is also a
request to remove a condition on Tract 2 that currently restricts
access from Highway 55.
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Parcel
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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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0733778388
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N/A
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1.55
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N/A
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N/A
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0733871314
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2.62
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Total
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4.17
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APPLICANT’S
JUSTIFICATION STATEMENT
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Currently
located inside
Wake
County
and without the
provisions of water and sewer, this property is located adjacent to
an existing daycare facility which is owned by us, inside the Town
of
Cary
with the
provisions of water and sewer. Our
existing five-star daycare facility has been successful in its
current location and will continue to operate at this location but
we have a need to expand these programs and services in response to
the interest of our present and future clients. We are currently
operating at or near capacity in most of our classes with a waiting
list in others.
As
a part of this annexation and rezoning request we are also
requesting an amendment to our original rezoning and annexation
request for Bright Beginnings of Cary, Inc.
(PIN #0733871314, Real ID # 0259556).
Our amendment request is for the removal of special condition
# 2 of Case 97-REZ-11, prohibiting access to this daycare center
from Highway 55. This
additional access to our expanded campus will not only be of benefit
to our patrons but to security and emergency vehicles if needed.
Approval
of these requests for annexation, rezoning and access will enable us
to become even more effective in fulfilling our mission as one of
the best daycare providers serving our community throughout the
Triangle area.
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CURRENT
USE & ZONING
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Current
Land
Use: Office
and Institutional (OFC/INS)
The
properties currently contain a single family residence and a day
care facility
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Proposed
Land Use: Office
and Institutional (OFC/INS)
The
proposed use is office and institutional
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Current
Zoning: Residential
(R-40) and O&I Conditional Use (O&I –CU)
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Proposed
Zoning: Office/
Institutional Conditional Use (O&I –CU)
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ADJACENT
USE & ZONING
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Existing
Use
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Existing
Land Use Designation
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North:
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Vacant
land
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Residential
40 (R-40)
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Office
and Institutional (OFC/INS)
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East:
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Residential
(Brookstone)
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Residential
8-Conditional Use (R-8 CU)
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Low
Density Residential (LDR)
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South:
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Residential
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Residential
40, R-40(Wake)
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Office
and Institutional (OFC/INS)
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West:
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Vacant
land adjacent to Highway 55
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Residential
40, R-40(Wake)
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Medium
Density Residential (MDR)
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PLANNING
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Comprehensive
Plan Analysis
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The
proposal complies with the Land Use Plan.
No amendment is required.
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Parks
and Greenways
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There are no parks
or greenways proposed for this site based on the Parks, Recreation
and Cultural Resources Facilities Master Plan.
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Transportation
Planning
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Per
the Town’s Comprehensive Transportation Plan, NC 55 is to have an
ultimate 4 lane median divided cross section with wide outside lanes
to accommodate bicyclists and sidewalk on both sides.
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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 be required to meet 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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Town
of
Cary
provides public water and sewer to the daycare facility.
This proposal will allow both tracts to have direct access to
public water and sewer.
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Traffic
Impact Analysis
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The
additional 1.55 acres of office use does not generate the required
100+ peak hour trips for 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(s)
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Real
Estate ID(s)
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Area
(Acres)
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Leon W. Herndon,
Sr. and Shirley W. Herndon
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0733778088
0733871314
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0030306
0259556
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1.55
2.62
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Total
Acreage
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4.17
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