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REZONING
PETITION: 05-REZ-31
Dellinger Planned Development District (PDD) Amendment This
request seeks to increase the square footage requirement for Tract 1 from
35,000 square feet of commercial to 162,000 square feet of commercial.
A previous case, 05-REZ-09, also concerns Tract 1. That request
amended the list of permitted uses to include self-storage as a permitted
use and involved 87,000 of the requested 162,000 square feet. LOCATION
OF PROPERTY: Vicinity
Map APPLICANT:
TOWN
OF CARY
CASE MANAGER: Philip
Smith, Long Range Planning
Manager E-mail:
philip.smith@townofcary.org MEETING
SCHEDULE: TOWN
COUNCIL PUBLIC HEARING – September
8, 2005
Action:
The
Town Council forwarded this request to the November
21, 2005
Planning and Zoning Board (7-0). PLANNING
& ZONING BOARD – Staff
Recommendation: Staff
recommended approval of the request. Action:
The Planning and Zoning Board recommended approval (10-0)
TOWN COUNCIL ACTION – January 12, 2006 Staff
Recommendation: Staff
recommends approval of the request. NEIGHBORHOOD CONCERNS: There have been no neighborhood concerns received by staff and no one spoke at the public hearing. CHANGES
SINCE THE TOWN COUNCIL PUBLIC HEARING:
A
recent Town Council rezoning action regarding the Macedonia Planned
Development (05-REZ-13) removed a requirement for the Macedonia
developers to complete a north-south collector road through the Dellinger
Planned Development. In
response to this action the applicant has agreed to clarify the Dellinger
Planned Development documents to assume responsibility for completing this
road with the development of any of the tracts 3, 4, or 5. PLANNING
AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS:
After
a brief discussion regarding traffic concerns and the construction of the
North-South Connector, 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 requested increase in commercial
square footage based on the reduced traffic generation and the added
conditions regarding the construction of the North-South Connector road.
Reasons
for Dissenting Vote: There
were no dissenting votes. STAFF
RECOMMENDATION: Staff
believes 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 uses are consistent with the Commercial land use
designation for the site. 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. Piney
Plains Road and
US 1 are currently being upgraded and the applicant has agreed to
construct the north-south collector through the Dellinger tracts south of Dillard
Drive,
concurrent with the development of those parcels. 3.
The proposed rezoning is unlikely to have a significant
impact on the natural environment. Commercial
development is already permitted on this property and is located in an
area planned for intense development.
Any development on this property will be required to meet all Town
ordinances including the protection of riparian buffers and the provision
of landscaping, stormwater runoff and other environmental regulations. 4.
The proposed rezoning will not have a significant adverse
impact on other property in the vicinity.
The proposed use of hotel is an appropriate and complementary
use for a regional activity center. While
the square footage of commercial uses is increasing, the hotel use
actually generates less traffic than the currently approved list of uses
for the tract. 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. The existing Planned Development District (PDD) designation is not being changed. This zoning district and these uses are appropriate at this primary intersection. ZONING: Zoning Map
Current: Planned
Development District (PDD)
APPLICANT’S
JUSTIFICATION STATEMENT (July
25, 2005):
The
request is to amend the square footage requirement for Tract 1 from 35,000
square feet of commercial to 162,000 square feet of commercial. Our Client wants to build
a medium size hotel on the remaining portion of Tract 1 within the
Dellinger PDD. Hotels are a
permitted use within Tract 1, but there is a square footage cap for Tract
1 of 35,000 square feet. An
existing amendment on Tract 1 is proposing to increase this square footage
to 87,000 square feet of commercial. The
requested increase in square footage is for a self-storage facility The planned hotel is
approximately 75,000 square feet. The
square footage that is currently on Tract 1 is based on a list of
commercial uses within the PDD and the amount of traffic these uses could
generate. Traffic was a
concern at the time the PDD was approved because the improvements to
Walnut Street and US 1 had not begun.
Although the square footage for the two uses being proposed on
Tract 1 is greater than 35,000 square feet, the traffic generated by these
two potential uses is less than the traffic generated by the land uses
approved in the Dellinger PDD for Tract.
In addition, the estimated completion date of the hotel if approved
would not be until 2007. TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use Map
Current: Commercial
(COM) Proposed: No Change ADJACENT
ZONING & LAND USES: North:
Existing
Use: Electrical
Substation Existing
Zoning: Residential
40 (R40) with RAC Overlay Existing
Land Use Plan Designation: Office/Institutional
(OFC/INS) East: Existing
Use: Vacant Existing
Zoning: Planned
Development District Existing
Land Use Plan Designation: Commercial
(COM) South:
Existing Use: Vacant
Existing Zoning: Planned
Development District
Existing Land Use Plan Designation:
Commercial West:
Existing Use: Commercial
with Portions Undeveloped
Existing Zoning: General
Commercial Conditional Use (GCCU)
Existing Land Use Plan Designation:
Commercial
(COM) Parks
& Greenways: There
are no issues related to this amendment according to the Parks, Recreation
and Greenways Facilities Master Plan. Traffic Impact Analysis:
This
proposal does not exceed the trips approved in 00-REZ-24. No new traffic
study is required. Reference Information: Schools:
School
information is not provided because it is not applicable to a
nonresidential rezoning request. 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, stormwater 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. |
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