TOWN OF CARY, NORTH CAROLINA STAFF RECOMMENDATION TO
TOWN COUNCIL
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:
NE Corner of Intersection of Dillard Drive and Piney Plains Road APPLICANT:
Glenda Toppe
Jerry Turner and Associates, Inc.
905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150 FAX (919) 851-7547
PARCEL & OWNER INFORMATION
Property Owner(s) County Parcel Number(s) Real Estate ID(s) Area (Acres) Dellking Family LLC
207 Annandale Drive Cary, NC 27511-6503
0772497599 (portion) 0037061 (portion) 32.17 (portion of Tract 1 which is 5.3 acres)
Total Acreage 5.3
TABLE OF ALLOWABLE USES
Parcel Acreage Approved Land
Use
Max. Square
Footage Allowed Proposed Land Use
1 5.3 ac. Commercial
Existing: 35,000 sq. ft.
Proposed: 162,000 sq. ft.
**Commercial (Indoor Storage and Hotel)
2 3.0 ac. Commercial 20,000 sq. ft. No Change
3 3.1 ac. Commercial 25,000 sq. ft.. No Change
4 14.1 ac. Mixed Use
180,000 sq. ft.
Office 20,000 sq. ft.
Commercial
No Change
5 4.66 ac.
Medium Density Residential
(MDR)
25 units No Change
Total 30.16 ac.
Existing: 280,000 sq ft Proposed: 407,000
sq. ft.
- 2 - TOWN OF CARY CASE MANAGER:
Philip Smith, Long Range Planning Manager Phone: (919) 469-4029
E-mail: [email protected] 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 – December 19, 2005 (postponed one month at the applicant’s request) 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:
Traffic — Board members questioned staff regarding the traffic impacts of the proposed hotel use. Staff informed the Board that the proposed uses, although greater in square footage, actually generated less traffic than the commercial uses currently approved for the site.
North-South Connector—The Chairman noted the request cleans-up language regarding the responsibility for, and timing of, the construction of the North-South Connector road through the Dellinger Planned Development.
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:
Current: Planned Development District (PDD)
Proposed: Planned Development District (PDD)
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Existing Conditions: Proposed Conditions:
REZONING
1. N-S Connector Phasing
Construction of the North-South Connector road is currently a condition of the Lodges at Crossroads project. If the road is not constructed prior to development of Parcels 3, 4, or 5, the road will be completed as part of this PUD to serve those parcels The applicant would like consideration for construction of the Connector road, if developed as part of this project, as follows:
a. Construct the road from Dillard Drive south to the stream buffer to serve Parcels 3 and/or 4, or b. Construct the road from Dillard Drive to the
southeast property corner to serve Parcel #5 to ensure access to Dillard Drive for townhome residents.
POTENTIAL DEVELOPMENT YIELD Parcel 1
Acreage: Gross = 5.3
Building Area / Proposed Land Use: 35,000 SF Commercial
FAR: .15
REZONING
1. N-S Connector Phasing
Construction of the North-South Connector road form Dillard Drive to the southeast property corner will be completed as part of the development of Parcels 3, 4 or 5, whichever parcel shall develop first.
POTENTIAL DEVELOPMENT YIELD Parcel 1
Acreage: Gross = 5.3
Building Area / Proposed Land Use: 162,000 SF Commercial
FAR: .70 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:
Current: Commercial (COM)
Proposed: No Change
ADJACENT ZONING & LAND USES 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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