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Background Information REZONING PETITION: 05-REZ-32 Northwoods Planned Development District (PDD) Amendment This is a request to amend the existing zoning requirements contained in the Northwoods Planned Development District applicable to the 2-acre “outparcel” adjacent to the new Lowe’s Home Improvement store on Chapel Hill Road. Proposed changes relate to allowable retail uses, use of drive-through facilities, and the location of parking on this site. No increase in the allowed square footage of floor space is proposed. LOCATION OF PROPERTY: Vicinity Map Northeast corner of the intersection of NW Maynard Road and Chapel Hill Road TOWN
OF CARY
CASE MANAGER: APPLICANT: Summary of Requested Rezoning
APPLICANT’S
JUSTIFICATION STATEMENT (July
25, 2005).
Please note that the following statement is provide by the
applicant and does not necessarily represent the views or opinions of the
Town: “The
developer of the remaining undeveloped portion of the site is proposing to
amend two of the current conditions to allow small food service uses such
as a coffee shop or ice cream shop. Condition
# 4 would allow for a coffee shop with a drive through.
The only other uses allowed would be a restaurant or food services
without drive through, excluding fast food restaurants with drive through,
and night club/bar. Architecture
will be similar/compatible with the Lowe’s building.
The second condition, condition # 16, is being amended to address
the location of parking, service areas and the dumpster. The proposed
changes are compatible with the development in the area.” Public Comment At the public hearing on September 8, 2005, several Town Council members raised concerns about the provision of gathering spots, sitting areas, and similar features. Town Council members also raised concerns about limiting the number of parking spaces or utilizing shared parking to minimize the need for new spaces on this site. Prior to the hearing, one citizen contacted staff via e-mail to generally support the proposed changes, but questioned the allowance of a drive-through lane for the coffee shop, expressing concern about increased traffic impacts in the vicinity. Changes Since Town Council Public Hearing Minor wording changes to the zoning requirements for this property have been provided by the applicant in response to public comments and staff review. Additionally, the conditions relating to the different topics have been renumbered, and an additional condition regarding the provision of outdoor gathering spaces has been supplied. Staff Analysis and Recommendation Staff believes that this request meets the rezoning criteria set forth in the Land Development Ordinance (Section 3.4.1 (E)), and recommends APPROVAL of the proposed amendments to the zoning conditions for the Northwoods Planned Development District, 05-REZ-32. Staff makes the following findings regarding this case: 1. This request is consistent with the current Town of Cary Land Use Plan. To expand the number and type of allowed uses on this commercial site does not generate a conflict with the Land Use Plan. The proposed uses are consistent with the commercial designation shown on the Town’s Land Use Plan. A variety of uses fits with the policy guidance contained in the plan for mixed-use activity centers. 2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.) No negative public service provision impacts are expected from this amendment. 3. The proposed rezoning is unlikely to have a significant impact on the natural environment. Commercial development is already permitted on this property. The size of the allowed building is not changing. Staff does not foresee any negative impacts on the environment from this proposed change in uses. Development on this property will be required to meet all Town ordinances. 4. The proposed rezoning will not have a significant adverse impact on other property in the vicinity. Development of this property for a combination of smaller restaurant spaces within the same square footage limit (5600 square feet), rather than a single restaurant use, will not cause any significant negative impacts occur. Such uses may actually have positive effects on surrounding properties by providing more options and amenities than a single user, and may capitalize more upon the Black Creek greenway that traverses the perimeter of this site. Problems with traffic, analyzed in more detail below, are also not expected to occur. 5. The proposed zoning classification is suitable for the property. The existing commercial zoning designation is not being changed. This zoning district and these uses are appropriate at this primary intersection. Staff has investigated the issue of potential traffic impact from a drive-through lane for a coffee shop. According to statistics contained in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual (7th Edition), the land use class of “fast food establishments with a drive-through” generates nine additional trips during both the AM and PM peak hours than “fast food establishments without a drive-through”:
Applying these generic trip-generation factors to the square footage of this particular use (approximately 1800 sq. ft.), it is estimated that this proposed coffee shop without a drive-through would generate somewhere between 80 morning and 47 evening peak-hour trips. Conversely, this use with a drive-through lane might produce 95 peak trips in the morning compared to 63 evening peak trips. Assuming that the additional 16 trips from a drive-through occur evenly throughout a 60-minute peak hour would yield about ¼ of an additional trip per minute attributable to the drive-through feature of such a use. That is, one additional vehicle would be attracted to this use every four minutes. Staff does not believe that this negligible increase in traffic in this vicinity is a legitimate reason to deny the inclusion of a drive-through lane for this use at this site. Planning & Zoning Board Recommendation The board reviewed this request and staff’s recommendation at the regular meeting of November 21, 2005. The board conducted a public hearing on the new condition regarding outdoor gathering and sitting spaces. No speakers addressed this particular issue. After a few clarifying questions, the Board voted 8-0 (motion by Ms. Perrin, second by Mr. Lyke) to recommend approval of this PDD amendment as presented. Changes
Since P&Z Board Meeting Reference Information MEETING SCHEDULE: TOWN COUNCIL PUBLIC HEARING – September 8, 2005 Following the public hearing, Town Council forwarded this request to the Planning and Zoning Board. PLANNING & ZONING BOARD – November 21, 2005 Action: The Planning & Zoning Board unanimously recommended approval of this request. TOWN COUNCIL ACTION – December 15, 2005
ZONING: Zoning Map Current: Commercial per Northwoods Planned Development District; Activity Center Overlay District. Proposed: No change in the zoning district designation. Zoning will remain Commercial per Northwoods Planned Development District; Activity Center Overlay District. TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use Map Current: Commercial (COM) within a Neighborhood Activity Center (NAC) Proposed: No change in land use plan designation. Planned land uses will remain Commercial (COM) within a Neighborhood Activity Center (NAC) ADJACENT ZONING & LAND USES: North: Existing Use: Vacant, open space/buffers, parkland (Godbold Park), school (West Cary Middle School) Existing Zoning: Planned Development District (Northwoods), General Commercial (GC), and Office & Institutional (O&I) Existing Land Use Plan Designation: Mixed Use (MXD), Office and Institutional (OFC/INS), and Parks (PKS) East: Existing Use: Retail (Lowe’s Home Improvement Center) and residential (Buckhurst West subdivision) Existing Zoning: Commercial and medium density residential per Northwoods Planned Development District, Activity Center Overlay District Existing Land Use Plan Designation: Commercial (COM), Medium Density Residential (MDR) South: Existing Use: Financial and religious institutions Existing Zoning: General Commercial – Conditional Use (GC-CU); Office, Research & Development (ORD); Activity Center Overlay District Existing Land Use Plan Designation: Commercial (COM), Office and Institutional (OFC/INS) West: Existing Use: Residential Existing Zoning: Residential–40 (R-40), Transitional Residential – Conditional Use (TR-CU), Activity Center Overlay District Existing Land Use Plan Designation: Mixed Use (MXD) and Office and Institutional (OFC/INS) Parks
& Greenways: PRCR
is requesting that a sidewalk be provided from the development to the
existing Black Creek Greenway located on this property.
The location is to be finalized at the time of site plan submittal. Traffic Impact Analysis: A Traffic Impact Study was prepared by the Town Traffic Consultant–Stantec dated October 2002 and updated in 2004. All signalized intersections operate at level of service “C” or better. No additional improvements required. Schools: NA. This rezoning involves only nonresidential uses that do not generate a need for school seat capacity. 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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