06-Rez-07 RDU Associates Property Rezoning
Staff Report to Town Council

1.  Background Information 

Current Zoning:  General Commercial (GC) Zoning map

Proposed Zoning:  Office/Research and Development District Conditional Use (ORD CU) 

Conformity with Land Use Plan Designation:  Yes.  The current land use plan is Office and Industrial (OFC/IND) and no change is proposed. Land use map  

Acreage:  Approximately 2.00 

Location:
4960 Nelson Road (intersection of Nelson Road and Aviation Parkway) Vicinity map

Applicant:
Robert L. Case
Rock Solid USA
PO Box 40057
Austin, TX 78704
(512) 268-7000
r.l.case@rocksolidusa.biz 

Applicant’s Contact:
Travis Morehead
ETD
2601 Weston Parkway
Cary, NC 27526
(919) 819-1576
tmorehead@etdpa.com

Town of Cary Case Manager: 
Ricky Barker, Associate Planning Director
316 N. Academy Street, Cary, NC 27513
(919) 469-4085
ricky.barker@townofcary.org 

2.  Summary of Requested Rezoning  

The applicant has submitted the following zoning conditions:  

• Prohibited uses shall include sexually oriented businesses

A.  Transportation
         
Existing Roadway Section: Nelson Road, 2-lane undivided, 90’ROW
Future Roadway Section: Nelson Road, 2-lane collector
Schedule: Not scheduled
Sidewalk Requirements: required on both sides
Bicycle Requirements: wide outside lane required
Transit Requirements: none

B.  Traffic Impact Analysis
A light industrial use on 2 acres does not require a traffic study.

C.  Parks & Greenways 
According to the approved PRCR Facilities Master Plan there are no parks or greenways issues related to this site. 

3.  Feedback at Town Council Public Hearing:

No public feedback was received on this rezoning request and no changes have been made to the application since the Town Council public hearing. 

4.  Staff Observation and Recommendation: 

This request is consistent with the Comprehensive Plan and should have not significant impact on surrounding properties.  Staff recommends approval of the attached ordinance amendment. 

5.  Planning and Zoning Board Motion Options:

Approval Motion:

The Planning and Zoning Board recommended 10-0 to approve the ordinance to amend the Land Development Ordinance Map related to this request for the reasons stated by staff. 

6.  Town Council Motion Options:  (Ordinances are at the end of this report) 

Rezoning 06-REZ-07
TO ADOPT
Motion #1
(Required Town Council Statement for adopting any zoning amendment)

The proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[Vote]

Motion #2
(To amend zoning map)

To adopt the ordinance amending the zoning map by amending the current zoning as set forth in the associated document and map dated February 27, 2006 as referenced in the Ordinance.

[Vote] 

TO DENY
Motion #1
(Required Town Council Statement for rejecting any zoning amendment)
 

This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ________________.

[Vote]

Motion #2
(To Deny Amendment to Zoning Map)

To deny the ordinance amending the zoning map:

[Vote]

7.  Reference Information 

Meeting Schedule 
Town Council Public Hearing
Date:  April 27, 2006
Action: Forwarded to the June 19, 2006 P&Z Board Meeting 

Planning & Zoning Board:
Date:  June 19, 2006
Action:  The Planning and Zoning Board forwarded the request to Town Council with a unanimous recommendation for approval 10-0.

Town Council Action:
Date:  July 27, 2006

Applicant’s Justification Statement Submitted February 27, 2006

(Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary) 

We are proposing to rezone this parcel, whereby if the request were granted; it would be in compliance with the Town of Cary’s Land Use Plan.  The parcel would then share the same zoning district as the majority of parcels located in the airport overlay district.  

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. 

8.  Ordinances for Consideration

06-REZ-07 RDU Associates Property

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 2.00 ACRES LOCATED AT 4960 NELSON ROAD.   

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:  

Section 1:  The Official Zoning Map is hereby amended by rezoning from the area described as follows:    

Section 2:  That the rezoning from General Commercial (GC) to Office/Research and Development District Conditional Use (ORD CU) is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines and the following condition:  

• Prohibited uses shall include sexually oriented businesses 

Section 3:  This property will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance.    

Section 4:  Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO. 

Section 5:  This ordinance shall be effective on the date of adoption. 

(Signed)