TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO 
TOWN COUNCIL

REZONING PETITION:  05-REZ-23 Stalls Medical

This is a rezoning to amend conditions from case 97-REZ-26 Office Research and Development Conditional Use (ORD-CU) to allow the sale, rental and service of handicapped accessible vehicles as a permitted use.

LAND USE PLAN AMENDMENT:  N/A

LOCATION OF PROPERTY:  Vicinity map

502 & 504 Reedy Creek Road

APPLICANT:

Jerry C. & Deborah M. Stalls
103 Springbrook Place
Cary, NC 27511
Phone:  919/233-0674
FAX:  919/233-0525
E-mail:  jstalls@stallsmedical.com

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s)	Real Estate ID(s)	Area (Acres)
Jerry & Deborah Stalls	0764942443 0764942335 0764943227 0764941224	0006453 0006465 0027729 0079171	.97 .50 .55 .94
Total Acreage			2.96

TOWN OF CARY
CASE MANAGER: 

Angela Reincke, Senior Planner
Phone:  919/462-3942
E-mail:  angela.reincke@townofcary.org

MEETING SCHEDULE:  

TOWN COUNCIL PUBLIC HEARING – August 11, 2005

Action:  The Town Council forwarded the request to the September 19, 2005 Planning and Zoning 
Board (7-0) on August 11, 2005

PLANNING & ZONING BOARD – October 24, 2005

Staff Recommendation:  Staff recommends approval of the request.
Action:  The Planning and Zoning Board recommended approval (9 to1)

TOWN COUNCIL ACTION – November 10, 2005

Staff Recommendation:  Staff recommends approval of the request.

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING:  In response to concerns voiced by the Town Council at the first public hearing and comments generated through staff’s evaluation by the Development Review Committee, the applicant has offered the following conditions:

1.         The sale, rental and service of handicapped accessible vehicles shall be a permitted use. 

2.         The maximum number of vehicles on the property for sale, rent or service shall be 25.

Other items discussed included architectural appearance, location of vehicles on the site, buffers and screening and building placement.  These are all site plan related issues, but would be adequately addressed with the Town Center Design Guidelines, the Community Appearance Manual Building Design Guidelines and Land Development Ordinance requirements for landscaping and buffers.

PLANNING AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS: After a brief discussion regarding the appearance of the site and the buffer, and the specifics of the manner of use, the P&Z Board recommended approval of the request.

The Planning and Zoning Board voted 9 to 1 to recommend approval of the request.

Concerns Discussed:

• Test Drives-Would there be test drives and would having test drives of vehicles close to a church be appropriate?  There would be test drives of vehicles from this site, but do to the low number of units compared to typical trips generated from an office use of the same size; staff believes that the impact from the use will not be noticeable.
• Lighting- What type of lighting would be found at this project?  Lighting of car dealerships is an issue.  This project would be required to meet the town lighting standards, and this project would also have to be laid out to meet the design guidelines for activity centers including pulling the buildings up to the street front with the vehicles for sale located to the side and rear of the structure.  The Community Appearance Manual building design guidelines would also be required for this structure.  All of these would be addressed at the time of site plan review and approval.
• Site Layout and Appearance-How was this use going to look and what is the impact of this use on the adjacent community?  This project will have to meet all the design guidelines, appearance manuals and ordinance requirements.  In addition, the plan will be reviewed by the Town Center Review Committee.
• Buffers- what type of buffer would be required to adjacent property?  Please note that the property is within the Town Center Area.  Therefore it is not specifically what type of buffer is required, but how the intent of that requirement is met.  The Town Center Design Guidelines state, “All landscaping, screening and fencing will be adequate, with respect to the effectiveness of their type, dimensions and character will be adequate with respect to minimizing the economic, noise, glare, odor, and other impacts adjoining properties and other properties within the neighborhood.  For example and Class 6 land use (Vehicles and Equipment adjacent to a Class 2 land use (Single family detached residential on lots 8,000 square feet or larger that are locates on non-residential zoned property shall be classified as vacant non-residential for determining the required buffer) would be required to have a 65 type “A” buffer.  In this case the entire 65 feet may not be required as long as the intent of the Type A was met.

Reasons for majority vote:

*     The majority vote was made to support the added conditions which would provide the use of this property for the sale, rental and service of handicapped accessible vehicles while not opening the project up to a future traditional car dealership.  They felt comfortable with the number of vehicles proposed (a maximum of 25 vehicles for sale, rental and service).  They also understand that this property will have to meet the Town Center design guidelines and the site plan will be reviewed by the Town Center Review Committee.

Reasons for Dissenting Vote:

The dissenting vote was for not having specific information for the exact dimensions of buffer width and type which would be provided at the time of site plan review.

STAFF RECOMMENDATION:  Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)) and recommends approval.

1.       This request is consistent with the current Town of Cary Land Use Plan.  The proposed use is consistent with the Land Use Plan.

2.       Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.)  Utility extensions will be made by the developer from adjacent water and sewer lines.

3.       The proposed rezoning is unlikely to have a significant impact on the natural environment.  Environmental impacts are mitigated through the protection of riparian buffers and the dedication of open space for buffers and streetscapes.

4.       The proposed rezoning will not have a significant adverse impact on other property in the vicinity.  The proposed amendments of the conditional use zoning of the subject property will provide a gateway structure at this entrance to the Town Center through the Land Development Ordinance landscaping requirements and the Community Appearance Manual Building Design requirements.  The conditions of the proposal provide further protection for adjacent properties through the limiting of vehicle numbers.  The Town Center Area Plan provides for the location of parking and visibility of vehicular use areas on site.  The Design Guidelines require locating buildings in a prominent location on the site moving parking areas to the side and rear of the parcel.  The existing conditions provide for access locations from both Reedy Creek Road and Chapel Hill Road further defining the location of vehicular access points which will guide the ultimate layout of parking and building placement.  

5.   The proposed zoning classification is suitable for the property.  The existing Office Research and Development Conditional Use Zoning is appropriate at this location and the conditions provided by the applicant further define the use of the site and mitigate development concerns.

ZONING:   Zoning map

Current:  Office Research and Development Conditional Use (ORD-CU)
Proposed:  Office Research and Development Conditional Use (ORD-CU)

EXISTING ZONING CONDITIONS:

1)  Full service access to Highway 54.  This access will be a joint access, centered on the property line between parcels #0764.16-94-3227 and #0764.16-94-1224

2)  One full service access to Reedy Creek Road. This access will be a joint access, centered on the property line between parcels #0764.16-94-2335 and #0764.16-94-1224.

3)  Architectural compatibility to adjacent buildings.  Compatibility would relate to color and materials.

4)  The following uses will be prohibited:

Research laboratories

Prototype, process and production plants

Hotels and motels

Vehicle sales and rental

Travel schools

Colleges

Hospitals

Libraries

Museums

Day care centers

Clubs and lodges

Radio and television transmission towers and broadcasting studios

Outdoor amphitheaters, government

Animal hospital

Farm markets

Post offices

Package delivery services

Communications, radio, TV, microwave, or other telecommunication towers as the principal uses of the property

All minor special uses

All major special uses

PROPOSED ZONING CONDITIONS:

1)  Full service access to Highway 54.  This access will be a joint access, centered on the property line between parcels #0764.16-94-3227 and #0764.16-94-1224

2)  One full service access to Reedy Creek Road. This access will be a joint access, centered on the property line between parcels #0764.16-94-2335 and #0764.16-94-1224.

3)  Architectural compatibility to adjacent buildings.  Compatibility would relate to color and materials.  

4)  The sale, rental and service of handicapped accessible vehicles shall be a permitted use.  

5)  The maximum number of vehicles on the property for sale, rent or service shall be 25.

PROPOSED ZONING CONDITIONS (CON’T):

6)4)  The following uses will be prohibited:

Research laboratories

Prototype, process and production plants

Hotels and motels

Vehicle sales and rental

Travel schools

Colleges

Hospitals

Libraries

Museums

Day care centers

Clubs and lodges

Radio and television transmission towers and broadcasting studios

Outdoor amphitheaters, government

Animal hospital

Farm markets

Post offices

Package delivery services

Communications, radio, TV, microwave, or other telecommunication towers as the principal uses of the property

All minor special uses

All major special uses