06-REZ-25 Hospice of Wake County Rezoning Staff Report to Town Council

Background Information  

Existing Zoning:  Zoning map
Residential 40 (R-40)    

Requested Zoning:  Office and Institutional Conditional Use (OI-CU)    

Conformity with the Land Use Plan Designation:  Land use map
Yes.  The requested zoning (OI-CU) is consistent and compatible with the designation of Office and Institutional (OFC/INS).

Acreage:  8.70 ± acres

Location:  Vicinity map
Approximately 900 feet east of the intersection of Trinity Road and Trenton Road  

Applicant:
John L. Thoma
Hospice of Wake County, Inc
1300 St. Mary’s Street
Raleigh, NC 27605
(919) 828-0890
jthoma@hospiceofwake.org  

Town of Cary Case Manager:
Debra Grannan, Senior Planner
316 N Academy Street
Cary, NC 27513
(919) 460-4980
debra.grannan@townofcary.org  

Summary of Requested Rezoning  
Hospice of Wake County has requested a rezoning from Residential-40 to Office and Institutional Conditional Use for a piece of land they are leasing from the State of North Carolina. The use would be limited to Hospice or Nursing home.  All required development standards would be applied at the time of site plan submittal.  

A.  Transportation
Existing Roadway Section:  N/A
Future Roadway Section:  2-lane w/ landscaped median; 120’ ROW
Schedule:  Not Scheduled
Sidewalk Requirements:  Required on both sides
Bicycle Requirements:  14’ wide outside lanes
Transit Requirements:  None  

B.  Traffic Impact Analysis:  A Traffic Impact Analysis is not required.  

C.  Parks & Greenways:  Greenways and trails map
There are no current issues related to the Parks, Recreation & Cultural Resource Facilities Master Plan. 

Reference Information  

Meeting Schedule: 
Town Council Public Hearing
Date:  November 14, 2006
Action:  Forwarded to the January 22, 2007 P&Z Board meeting

Planning & Zoning Board:
Date:  January 22, 2007  
Action: Recommended unanimously for approval

Town Council Action:
Date:  February 22, 2007 (associated annexation in Cary’s ETJ)

Applicant’s Justification Statement Submitted (September 25, 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):  

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

The proposed request is consistent with the Town of Cary Adopted Comprehensive Plan, the State of North Carolina medical facilities plan and the long range plan of Hospice of Wake County.  

Are there any issues with the size of the tract? 

The rezoning request is for the rezoning of 8.7 acres of a current 91.5 acre parcel owned by the State of North Carolina.  The size of the tract is adequate to support the proposed use and provide adequate space for buffers. 

How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? 

The request is compatible with the comprehensive plan which calls for office and institutional use of the parcel.  The applicant is requesting rezoning of a portion of the parcel from R-40 to OFC/INS, conditional use.  

What are the benefits and detriments to the owner, neighbors and the community? 

The parcel will maintain a quiet pastoral look and feel as well as contain gardens and open spaces.  The proposed use of the space will preserve the natural look of the site and is important to meet the growing needs in the community for healthcare services, particularly for the aging population.  

How are all allowable uses with the proposed rezoning compatible with, or how do they relate to uses currently present on adjacent tracts? 

The allowable uses of the proposed rezoning are compatible with the uses currently present on adjacent tracts as they allow for a quiet homelike environment with gardens and facilities that will contain professional and nursing services.  Adjacent tracts are used by NCSU or residential housing.  The proposed rezoning will limit the use of the site to hospice care and administration or nursing home. 

Schools

Area Schools will not be impacted as a result of this 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.

Feedback at the Public Hearing

Staff presented the request and the applicant concurred with the report.  Staff cited feedback from citizens who expressed concerns about road improvements and traffic prior to the meeting; however, no one spoke in favor of or opposed to the request at the public hearing.  

Changes since the Public Hearing

There have been no changes to the rezoning request or zoning conditions since the Public Hearing.   

Staff Recommendation on the Rezoning

The request is compatible with the Cary Comprehensive Plan, and fosters a compatible relationship with adjacent land uses.  Limiting the use to hospice or nursing home minimizes the impact on residential property in the vicinity of the site.  Staff recommends approval of the request. 

Feedback from the Planning and Zoning Board

Members of the Planning and Zoning board raised questions about items related to future development on the site regarding road improvements and placement of buildings in the vicinity of power lines.  Staff acknowledged that these items would be addressed during the site plan review process. There was general consensus from the Board that the proposed use did not have a negative impact on the surrounding community. The Planning and Zoning Board recommended unanimously that Town Council Approve this request.

Ordinance for Consideration:  06-REZ-25 [Conditional Use]

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 8.7 ACRES LOCATED along Trinity Road  owned by The State of North Carolina  FROM Residential 40 (R40) TO Office and Institutional Conditional Use (OI-CU.)   

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

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):  

Section 2:  That the Property is rezoned from Residential 40 to Office and Institutional Conditional Use subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.   

Section 3: The Conditions mutually approved by the Town of Cary and the applicant for promoting public health, safety and general welfare are: that the use be limited to hospice or nursing home.  These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

Section 4: This ordinance shall be effective on the date of adoption. 

(Signed)                                                          __________ (date)