TOWN OF CARY , NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO
TOWN COUNCIL

Rezoning Petition:

05-REZ-09 Dellinger PDD Amendment

Land Use Plan Amendment:

N/A

 

Meeting

Date

Staff
Recommendation

Action

Town Council Public Hearing

May 12, 2005

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

Forwarded to Planning Board as recommended

Planning and Zoning Board

July 18, 2005

Staff recommends approval of the request

The Planning and Zoning Board unanimously recommended approval of the request.

Town Council

August 11, 2005

Staff recommends approval of the request

 

 

TOWN OF CARY CASE MANAGER

Bob Benfield, Senior Planner

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

 

STAFF RECOMMENDATION

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

Section 3.4.1(E)  Rezoning Approval Criteria:  

  • The request is consistent with the Comprehensive Plan.  As provided for in the Comprehensive Plan, the Dellinger Planned Development District would provide a mix of uses including commercial, office and residential development. The request would add a self storage facility to a portion of the development where currently only commercial development is allowed.  The self storage facility is conditioned requiring the proposed building to look commercial or retail.  The building would also be required to comply with Cary ’s Activity Center Design Guidelines.  Therefore, the self storage use would fit in with other proposed commercial and office buildings within the development.
  • Adequate public services are available (i.e. police, fire, utilities etc.).  Adequate public services can be provided to the parcel
  • The proposed rezoning is unlikely to have significant adverse impacts on the environment.  The proposed self storage use would have no adverse impact on the environment.  Physical development would have less impact than commercial or office impact due to the need for fewer parking spaces and less land clearing than would otherwise be required.
  • The proposed rezoning would have no significant impacts on other property in the vicinity of the subject tract.  The proposed change in use would be required to provide adequate buffers, site lighting and a commercial building design that would be compatible with surround uses, existing and proposed.
  • The proposed zoning classification is suitable for the subject property.  The self storage facility would be adjacent to an electrical power substation site, an automotive body shop and a future commercial and mixed use portion of the Dellinger PDD.  The proposed self storage use would be compatible with surrounding uses.

 Section 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.

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 would contain commercial, office and medium density residential development as set forth in Cary ’s Land Use Plan.  The self storage facility with a commercial building appearance would fit in with existing and proposed nonresidential development in the area of the self storage site.

(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.  The Dellinger PDD, contains 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.  Within the PDD pedestrian access would be provided between the residential and non-residential components of the development.

 

PLANNING AND ZONING BOARD ACTION

Concerns discussed by the Board included:  

  • No concerns were mentioned or discussed.
  • The Planning Board concurred with staff that an enclosed self-storage facility, with associated conditions, would be an appropriate use for the location proposed.

The Planning and Zoning Board voted 10 to 0 to recommend approval of the request.

 

CHANGES SINCE PUBLIC HEARING

A new condition has been added which states:  No outdoor storage will be allowed on the site.”

 

TOWN COUNCIL PUBLIC HEARING

No comments or issues were discussed at the public hearing regarding this request.

   

PROPOSED PDD MODIFICATIONS

1.  Add self-storage facility to the list of permitted uses for the western half of Tract 1 (northeast corner of Piney Plains Road and Dillard Drive ).

2.  Along adjoining roadways, buildings will appear to be multi-story office or commercial buildings.

3.  Any portion of the storage building that is one-story will be located behind the multi-story portion and be screened from public streets with landscaping, berms or walls.

4.  No outdoor storage will be allowed on the site.

(Condition 4 was added after the May 12, 2005 public hearing.)

 

   

APPLICANT

OWNER

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

Dellking Family LLC
207 Annandale Drive
Cary , NC 27511-6503

 

 

LOCATION

MAPS & DOCUMENTS

Northeast corner of the intersection of Dillard Road and Piney Plains Road

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

 

PROJECT DESCRIPTION

The request is to amend the list of permitted uses for a portion of the development north of Dillard Drive to allow self-storage facilities as a permitted use.  This portion of the development would contain approximately 3 acres.  If permitted, the buildings would appear as multi-story office or commercial buildings adhering to the Town’s design guidelines.

 

TABLE OF ALLOWABLE USES

Parcel

Acreage

Approved Land Use

Max. Square Footage Allowed

Proposed Land Use

1

5.3 ac.

Commercial  
Indoor storage

35,000 sq. ft.  
87,000 sq. ft.

No Change (Commercial)  
Adding indoor storage as permitted use

2

3.0 ac.

Commercial

20,000 sq. ft.

No Change

3

3.1 ac.

Commercial

25,000 sq. ft..

No Change

4

14.1 ac.

Mixed Use

180,000 sq. ft. Office 20,000 sq. ft. Commercial

No Change

5

4.66 ac.

Medium Density Residential (MDR)

25 units

No Change

   

APPLICANT’S JUSTIFICATION STATEMENT

The request is to amend the list of permitted uses for a portion of the development north of Dillard Drive to allow self-storage facilities as a permitted use.  This portion of the development is approximately 3 acres.  The location and appearance of self-storage facilities have evolved over the last several years.  

Today self-storage facilities are a much needed service use for both residents and businesses.  These facilities need to be located in areas where they can be easily accessed by both businesses and residents.  However, the use needs to fit in with the surrounding area.  Given where self-storage facilities are being located in communities today, most no longer look like the traditional self-storage facility.  The buildings proposed in this amendment would appear as multi-story office or commercial buildings and would be located prominently on the site adhering to the Town’s design guidelines.  Any portion of the storage building that is one-story will be located behind the multi-story portion and screened from public streets with landscaping, berms or walls.  

 

CURRENT USE & ZONING

Current Land Use:  Commercial (COM)

Proposed Land Use: Commercial (COM))

 

Current Zoning:  Planned Development District (PDD)

Proposed Zoning:  Planned Development District (PDD)

 

ADJACENT USE & ZONING

 

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Progress Energy Electrical Substation Site

Residential-40 (R-40)

Office/Institutional (OFC/INS)

East:

Vacant

Planned Development District (PDD)

Commercial (COM)

South:

Vacant

Planned Development District (PDD) )

Commercial (COM)

West:

Commercial with portions of the property undeveloped

General Commercial Conditional Use (GC CU)

Commercial (COM)

 

PLANNING

Comprehensive Plan Analysis

The proposal complies with the Land Use Plan.  No amendment is required.

Transportation Planning

There are no transportation issues related to this amendment based on the Comprehensive Transportation Plan.

 

ENGINEERING

Environmental Considerations

The project is located in the Swift Creek 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 .  There are riparian buffers associated with this project.

Utilities (Water and Sewer)

There are existing Town of Cary public water and sewer on the property.

Traffic Impact Analysis

The proposed storage building use does not generate the required 100+ peak hour trips for a traffic impact study.

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s)

Real Estate ID(s)

Area (Acres)

Dellking Family LLC
207 Annandale Drive
Cary , NC 27511-6503

0772497599 (portion)

0037061 (portion)

32.27 (portion of)
more specifically, a portion of Tract 1 which is 5.3 acres