|
TOWN
OF CARY, NORTH
CAROLINA REZONING
PETITION: 05-REZ-29
Dilweg Property This request seeks to
change the zoning from Office and Institutional Conditional Use (OICU) to
Office, Research, and Development Conditional Use (ORDCU). LAND
USE PLAN AMENDMENT: 05-LPA-16,
Office & Institutional (OFC/INS) to Office & Industrial (OFC/IND)
(WITHDRAWN) Based on new conditions
submitted by the applicant, the Land Use Plan Amendment is no longer
necessary and has been withdrawn. LOCATION OF PROPERTY: Vicinity map East
side of Davis
Drive, north of
Park Village
Drive, south of
Collins Road,
west side of
Durham & Southern RR
APPLICANT:
DCF
V, LLC
TOWN
OF CARY Philip
Smith, Long Range
Planning Manager MEETING
SCHEDULE:
TOWN COUNCIL PUBLIC HEARING – August 11, 2005
Action:
The Town Council forwarded this request (5-0) to the October 24,
2005 Planning and Zoning Board.
PLANNING & ZONING BOARD – October 24, 2005
Staff Recommendation:
Staff recommends approval of the request.
Action:
The Planning and Zoning Board recommended approval (10 to 0)
TOWN COUNCIL ACTION – November 10, 2005
Staff Recommendation:
Staff recommends approval of the request. NEIGHBORHOOD
CONCERNS: 1) The type, nature and potential hazards of the uses allowed under the Office Research and Development zoning (ORD), particularly industrial uses. Such industrial uses are incompatible with surrounding residential area, the DavisDrive Elementary School and the Davis Drive Park. 2)
The
intensification of the zoning on this site over time.
A previous rezoning was approved from residential to Office and
Institutional (O&I). This
request would further intensify the zoning from O&I to ORD. 3)
The
rezoning process in general – Town does not adequately take in to
account opinions of the residents. CHANGES
SINCE THE TOWN COUNCIL PUBLIC HEARING:
In
response to concerns voiced by the Town Council and citizens at the first
public hearing, and comments generated through staff’s evaluation by the
Development Review Committee, the following changes are made: 1)
Amended
the list of Prohibited Uses to remove all uses allowed in the Office,
Research and Development zoning category that are prohibited in the Office
and Institutional zoning category with the exception of
“self-storage”. The full
list of prohibited uses is shown in the “Proposed Zoning Conditions”
section below. 2)
The
additional prohibited uses proposed by the applicant have negated the need
to amend the Land Use Plan. As
such, 05-LPA-16 has been withdrawn. 3)
The
applicant has clarified that a portion of southern parcel (Tax ID
0743572668) was not intended to be part of the rezoning request and would
remain as Office and Institutional Conditional Use. PLANNING
AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS:
After
a brief discussion regarding difficulties of developing this site, buffers
and special use permit requirements to allow self storage, the P&Z
Board recommended approval of the request. The
Planning and Zoning Board voted unanimously (10-0) to recommend approval
of the request. Concerns
Discussed:
Reasons
for Majority Vote: The
majority vote was made to support the added conditions which limit the use
of the site to self-storage. The
Board was comfortable that the proposed use was compatible with the
schools across Davis Drive and the buffers and railroad right-of-way would
help mitigate any impacts on the adjacent residential area. Reasons
for Dissenting Vote: There
were no dissenting votes. STAFF RECOMMENDATION: A)
05-LPA-16, Office & Institutional (OFC/INS) to Office &
Industrial (OFC/IND) (WITHDRAWN) Staff
concurs with the withdrawal of 05-LPA-16 to amend the Land Use Plan from
Office and Institutional to Office and Industrial.
Staff agrees with the neighborhood concerns that industrial
uses are not appropriate for this area.
By prohibiting all uses allowed by the ORD zoning except for
self-storage such industrial uses have been removed and the need to amend
the Land Use Plan has been negated. B)
05-REZ-29 Dilweg Property, from Office and Institutional Conditional Use
(OICU) to Office, Research, and Development Conditional Use (ORDCU). Staff
believes that, with the conditions added since the Town Council public
hearing, 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.
With the removal of all uses permitted in the ORD category
except for self-storage, the proposed use is consistent with the current
land use designation of Office and Institutional. 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. The
site is largely treeless and contains no riparian streams. Buffers and
landscaped areas shall be provided as required by the Land Development
Ordinance. 4.
The proposed rezoning will not have a significant adverse
impact on other property in the vicinity.
The proposed use of
self-storage, which is the only new use permitted under this ORD
conditional use rezoning, should have much less traffic and other impacts
on surrounding property than many of the office uses now permitted in the
O&I zoning category. This
is particularly true regarding the adjacent Davis Drive elementary school
where morning office traffic would be in conflict with school traffic. The
Town’s Land Development Ordinance, Community Appearance Manual and
architectural standards will further ensure that the commercial building
design, lighting, and buffers are compatible with surrounding uses. 5. The proposed zoning classification is suitable for the property. With the list of proposed conditions, which eliminates all of the new uses allowed under the ORD zoning except for self-storage, the zoning essentially remains unchanged. The conditions provided by the applicant to remove these uses help mitigate the concerns of staff and those expressed by the adjacent neighborhood that industrial uses would not be compatible in this area. ZONING: Zoning map
Current: Office
and Institutional Conditional Use (OICU)
APPLICANT’S JUSTIFICATION STATEMENT (June 27, 2005): “The proposed rezoning from O&I – CU to ORD – CU will provide opportunities for mixed use development to occur on the subject property that are not currently available. Diversification on the property, options to the local communities and neighborhoods, can provide a range of services, more conducive to the community, that are not currently in the vicinity. Additionally, daily trip generation will be reduced through this rezoning as compared to a fully developed site with office uses, and there will be less impact on the existing and proposed infrastructure. In summary, there is a need for a variety of uses that can occur in the proposed ORD – CU that cannot be provided if the property were to remain in the current O&I – CU zone”. TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use Map
Current: Office
& Institutional (OFC/INS)
Proposed: No
Change ADJACENT
ZONING & LAND USES: North:
Existing Use:
Vacant Existing
Zoning: Office
and Institutional Conditional Use (OICU) Existing Land Use
Plan Designation: Office
& Institutional (OFC/INS) East: Existing Use: Single
Family Residential Existing Zoning: Planned
Development District-Major Existing Land Use
Plan Designation: Office
& Institutional (OFC/INS) South:
Existing Use: Town
of
Existing Zoning: Planned
Development District-Major (PDD)
Existing Land Use Plan Designation:
Parks
& Open Space (PKS) West:
Existing Use: Elementary/Middle
School
Existing Zoning: Residential
8 (R-8)
Existing Land Use Plan Designation:
Medium
Density Residential (MDR) Parks & Greenways (Parks and Greenways Map): According to the PRCR Facilities Master Plan, this site is adjacent to Davis Drive Park and the White Oak Creek Greenway. parks and greenways map Traffic
Impact Analysis (Traffic Impact
Study): The proposed rezoning
from O&I to ORD will not change the traffic impacts of the property.
No traffic impact study is required for rezoning. However, a traffic
impact study may be required at the time of site plan review. Development
Plan Issues: The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land. Specific development requirements related to the technical aspects of land development, such as access, storm water management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process. However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. All such requirements can be found at http:vic.townofcary.org. |
||||||||||||||||||||
