Town of Cary
North Carolina

Rezoning
Referred to Planning & Zoning
Nov 2, 2017 6:30 PM

17-REZ-24 Airport Boulevard Rezoning

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Katie Drye, Planning

 

Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 3.55 acres, located at 170 and 180 Airport Blvd., from Office/ Research and Development (ORD) to General Commercial Conditional Use (GC-CU) with zoning conditions that would prohibit the development of certain uses typically allowed in the GC zoning district. Examples of uses the applicant is proposing to prohibit include but are not limited to nursing homes, nightclubs/bars with indoor/outdoor operation, funeral homes, and hotels. 

 

Recommendation: That Council conduct a public hearing on the proposed rezoning request and forward to the Planning and Zoning Board. Staff will provide a recommendation on the rezoning request when the case is brought back to Council for action.

 

Planning and Zoning Board Recommendation: The recommendation will be provided to Town Council following the P&Z Board meeting.

Body

NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site.  Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan.

 

SUBJECT PARCELS

 

Property Owner

County Parcel Numbers
(10-digit) (PIN)

Real Estate IDs (REID)

Addresses

Acreage

Bisharah Libbus

401 Ironwoods Drive

Chapel Hill, NC 27516

0745365117 (portion)

0029235 (portion)

170 Airport Blvd.

0.86

Libbus Enterprises Properties, LLC

5400 Highcroft Drive

Cary, NC 27519

0745367213 (portion)

0334354 (portion)

180 Airport Blvd.

2.68

Total Area

3.55

 

 

Click on the map to see surrounding development activity.

 

 

OVERVIEW

 

Location of Subject Properties

At the southwest quadrant of the Airport Boulevard and Davis Drive intersection

Schedule

Town Council
Public Hearing


November 2, 2017

Planning & Zoning Board
 

TBD

Town Council
 

 

TBD

Existing Zoning District(s)

Office/ Research and Development (ORD)

Existing Zoning Conditions

None

Proposed Zoning District(s)

General Commercial Conditional Use (GC-CU)

Proposed Zoning Conditions

The following uses are excluded:

a.       Nursing home

b.       Nightclub/bar, with outdoor operation

c.       Nightclub/bar, with indoor operation

d.       Pool or billiard hall

e.       Outdoor amphitheater, public

f.         Commercial outdoor recreation facility

g.       Golf driving range

h.       Funeral home

i.         Crematorium

j.         Moped Sales/Rental

k.       Radio or TV broadcasting studio

l.         Hotel or motel

m.     Trade school

n.       Motor vehicle sales/rental

o.       Outdoor storage

p.       Warehousing and distribution establishment

q.       Wholesale establishment

Town Limits

Yes 

Staff Contact

Katie Drye
919-469-4085
katie.drye@townofcary.org

Applicant 

Bisharah Libbus and Libbus Enterprise Properties, LLC

Applicant’s Contact

Glenda Toppe

Glenda S Toppe and Associates

919-605-7390

glenda@gstplanning.com

 

sUMMARY OF REQUEST

The Town of Cary has received a request to rezone a portion of properties located at 170 and 180 Airport Blvd., consisting of approximately 3.54 acres. The proposal seeks to rezone a portion of the subject properties to General Commercial Conditional Use (GC-CU).  The applicant has proposed zoning conditions to exclude certain uses that are typically permitted under the General Commercial zoning district. Examples of uses the applicant is proposing to prohibit include but are not limited to nursing homes, nightclubs/bars with indoor/outdoor operation, funeral homes, and hotels.

 

Per requirements of the Town of Cary Land Development Ordinance, a traffic study has been prepared because the proposed development is anticipated to generate 100 or more peak hour trips. The traffic study analyzed traffic impacts from the following uses: 1) a convenience store with a vehicle filling station, 2) a fast-food restaurant with a drive-thru, and 3) a car wash. Should the rezoning be approved, a development plan would not require Town Council approval through the quasi-judicial process if the development plan is submitted within two (2) years of the rezoning approval (per LDO Section 3.9.2 (F)(1)(d)).

 

Zoning conditions proposed with the rezoning request would not limit the development to the uses analyzed in the traffic analysis. The rezoning request would prohibit certain uses that are typically allowed in the General Commercial zoning district.

 

 

sUMMARY OF Process and Actions to Date

 

Notification
Notice of the public hearing on the proposed rezoning was mailed to property owners within 800 feet of the subject property, published on the Town’s website, and posted on the subject property.

 

Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on September 6, 2017. According to the information submitted by the applicant, 9 nearby property owners attended the meeting. Questions and concerns expressed at the meeting included questions about allowable uses in the General Commercial zoning district, Town requirements for building design, noise ordinance regulations, hours of operation, and buffers. There was also a request from a nearby property owner with frontage on Davis Drive to work together with the developer to secure utility and driveway connections between the properties. 

 

Attached are the applicant’s responses to the justification questions contained in the application form. Please note that these statements are that of the applicant and do not necessarily represent the views or opinions of the Town of Cary.

 

site characteristics and context

 

 

 

 

 

 

 

Cary cOMMUNITY pLAN CONFORMANCE AND ANALYSIS

 

Attached is a complete listing of each policy statement in the 2040 Cary Community Plan. Based on staff review and analysis of the descriptions and detailed intent of all the Plan’s policies, staff has identified policies applicable to this case and has provided an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.

 

CHAPTER 4, SHOP POLICIES

 

Policy 2:  Focus Commercial Uses within Commercial Mixed Use Centers, Destination Centers, Downtown, and Shopping Centers

 

Staff Observation

The proposed zoning conditions allow for a number of commercial uses on this site located in an area identified as Commercial Center on the Future Growth Framework map. 

 

 

ENGAGE: GOALS FROM THE PARKS, RECREATION AND CULTURAL RESOURCES MASTER PLAN

 

Engage: PRCR Plan Goal 1 - Maintain a diverse and balanced park and open space system as the Town of Cary grows.

 

Engage: PRCR Plan Goal 2 - Provide Cary citizens with a highly functional, safe, well-maintained greenway network that provides recreation, transportation, and education opportunities, as well as wildlife benefits.

 

Staff Observation:

 

Park and Greenway Proximity: The site is approximately 0.6 mile from two existing park properties ­-- Carpenter Park and Good Hope Farm -- both located west of the site.  Existing street side trail facilities are located within 0.4 miles of the site on Davis Drive. 

 

The Parks, Recreation and Cultural Resources (PRCR) Master Plan has identified a future neighborhood park for the Town of Cary property approximately 0.6 miles southeast of the site. 

 

The PRCR Master Plan does not indicate a greenway corridor located within or directly adjacent to the subject parcels. 

 

Street side trail is proposed adjacent to the northern and eastern boundaries of the site, along Airport Boulevard and Davis Drive

 

 

 

ENGAGE: GOALS FROM THE HISTORIC PRESERVATION MASTER PLAN

 

The Town’s ENGAGE policies reflect the goals of the previously-adopted Historic Preservation Master Plan

 

HPMP Goal 2:  Preserve, Protect and Maintain Cary’s Historic Resources

 

Staff Observations: 

There are no documented historic structures on the subject property. 

 

CHAPTER 6, SHAPE – Future Growth Framework

 

 

As depicted in the above Future Growth Framework map, the subject property falls within the Commercial Center Development Category. Traditional commercial centers serve daily retail and service needs of nearby neighborhoods. Typically located at major street intersections, commercial centers are designed to maximize convenience by accommodating proximate parking near stores, typically along the front or side of the commercial center. Centers should be walkable and connect to adjacent developments. Commercial centers also may include office space and residential uses, such as townhomes and multifamily. Uses may be mixed horizontally (on adjacent sites or buildings) or vertically (within buildings) and are typically served by surface parking lots.

 

Staff Observations: The proposed zoning conditions allow for a number of commercial uses on this site located at the intersection of Airport Boulevard and Davis Drive. The only adjacent developed use is a mini-storage facility located to the west of the site at 150 Airport Boulevard. A major commercial center is proposed for the property located across Davis Drive to the east of the site. There are no conditions offered to ensure that this site will be walkable and connected to adjacent developments at this time.

 

CHAPTER 6, SHAPE POLICIES

 

The Town’s SHAPE policies guide future growth by creating the geographic development framework that best achieves the vision and policies contained in the other plan chapters, particularly LIVE, WORK, SHOP, ENGAGE, MOVE, and SERVE.

 

Policy 6:  Provide Appropriate Transitions Between Land Uses

 

Staff Observations: The intent of this policy is to provide for harmonious transitions between different types and intensities of land uses:

§         Transitions can be created through form, use, architecture, or natural buffers. 

§         The type of transition can depend on the physical geography of the site, such as differences in elevations and views from one site to another.

 

The applicant has not proposed zoning conditions for buffers or other transitions, which are above and beyond those required by the Town’s LDO.

 

 

CHAPTER 7, MOVE: COMPREHENSIVE TRANSPORTATION PLAN

 

Cary’s transportation requirements for development are a reflection of the Move Chapter policies. Planned improvements illustrated on the adopted Move chapter maps were developed to ensure the safety and accommodation of all users and modes, reflect land use considerations, provide additional system connections, close gaps, and minimize thoroughfare widths wherever possible. 

 

Move Policy 3:  Design Transportation Infrastructure to Address Land Use Context

 

Davis Drive

Existing Cross Section:  4-lane-divided roadway with no curb and gutter.  The right-of-way decreases along the property’s frontage as you head south.  At the Airport Blvd. intersection there is 175 feet of right-of-way, decreasing to 135 feet of right-of-way at the southern end of the property.

 

Future Cross Section:

§         Road:  6-lane median-divided roadway with minimum 130 feet of right-of-way (to accommodate the street-side trail on west side)

§         Sidewalks:  5-foot sidewalk on the east side of Davis Drive and 10-foot street-side trail on the west  

§         Bicycle Lanes:  14-foot-wide outside lane in both directions

 

Airport Blvd.

Existing Cross Section:  West of Davis Drive, Airport Blvd. is a 2-lane collector avenue with curb and gutter within 60-feet of right-of-way with a sidewalk on the south side of the road.

 

Future Cross Section:

§         Road:  2-lane median-divided roadway with 85 feet of right-of-way (to accommodate the street-side trail on the south side)

§         Sidewalks:  5-foot sidewalk on the north side of Airport Blvd. and 10-foot street-side trail on the south  

§         Bicycle Lanes:  4-foot-wide bike lane in both directions

 

Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects:  N/A

 

Transit: There are no existing or planned transit routes adjacent to the site.

 

Notes: 1) Streets in Cary are typically constructed or widened in increments, with developers completing the half-width section along their frontage when the property is developed. 

2) Construction of other off-site improvements may be voluntarily offered as zoning conditions by applicants for rezoning cases.  3) NCDOT may require additional off-site improvements.

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

Land Use
For a full list of allowed uses in the existing and proposed zoning districts, see attachment to staff report titled “17-REZ-24 LDO Use Comparison Worksheet- GC and ORD”. The worksheet compares allowed uses from the General Commercial (GC) vs. Office/ Research and Development (ORD) districts. The applicant has proposed a condition to prohibit certain uses that are typically permitted (either as “by-right” uses or as a special use) in the General Commercial zoning district. The list of prohibited uses are indicated with a strikethrough on the worksheet. The list of prohibited uses proposed includes the following:

    1. Nursing home
    2. Nightclub/bar, with outdoor operation
    3. Nightclub/bar, with indoor operation
    4. Pool or billiard hall
    5. Outdoor amphitheater, public
    6. Commercial outdoor recreation facility
    7. Golf driving range
    8. Funeral home
    9. Crematorium
    10. Moped Sales/Rental
    11. Radio or TV broadcasting studio
    12. Hotel or motel
    13. Trade school
    14. Motor vehicle sales/rental
    15. Outdoor storage
    16. Warehousing and distribution establishment
    17. Wholesale establishment

 

Density and Dimensional Standards

 

Existing Zoning District (ORD)

Proposed  Zoning District

(GC-CU)

Max. Gross Density

N/A

N/A

Min. Lot Size

----

----

Minimum Lot Width

----

----

Roadway Setback

30 feet

30 feet

Side Yard Setback 1

__

 

(See Buffer/Streetscape Section Below)

__

 

(See Buffer/Streetscape Section Below)

Rear Yard Setback 1

__

 

(See Buffer/Streetscape Section Below)

__

 

(See Buffer/Streetscape Section Below)

Maximum Building Height

Within 100 feet of a residential district: 35 feet plus 1 foot for every foot provided in addition to the minimum setback;

More than 100 feet from a residential district: 50 feet plus 1 foot for every foot provided in addition to the minimum setback

Within 100 feet of a residential district: 35 feet plus 1 foot for every foot provided in addition to the minimum setback;

More than 100 feet from a residential district: 50 feet plus 1 foot for every foot provided in addition to the minimum setback

1   Unless a zoning condition voluntarily offered by the applicant states otherwise, where a regulatory stream buffer forms a rear or side property line of a lot, and pursuant to NCGS 143-214.23A(f), the Town must attribute to each lot abutting the stream buffer a proportionate share of the stream buffer area (a) for purposes of lot area requirements (i.e., the portion of the stream buffer between the applicable lot line and the near edge of the associated stream will be included for the purpose of determining if the minimum lot size requirement of the LDO is satisfied); and (b) for purposes of calculating the minimum rear or side setback and perimeter buffer if applicable (i.e., the setback or buffer will be measured from the near edge of the associated stream instead of from the actual property boundary).

 

 

 

Landscape Buffer and Streetscape

According to Chapter 7 of the LDO, the following requirements would apply:

§         Streetscape- a 30-foot-wide Type C streetscape is required along both Airport Blvd. and Davis Drive.

§         Buffer- the required perimeter buffers will be determined at the time of development plan review and will be based on the proposed use. Where the site is adjacent to detached residential lots that are larger than 8,000 square feet, the perimeter buffer may vary between 40-feet to 65-foot in width.

 

 

Traffic 

Per section 3.4.1(D)(3) of Cary’s LDO, a traffic study is required for rezoning applications when a development is anticipated to generate 100 or more peak hour trips. The proposed commercial uses required a traffic study. A Final Draft Traffic Analysis Report (17-TAR-428) was prepared by the Town’s on-call traffic engineering consultant Mott MacDonald, dated August, 2017.  In accordance with the LDO, the study has a 5-year build-out period, which is year 2022.  Findings of the study are as follows:

 

Project Description (assumed for purposes of the traffic study)

 

§         Convenience Store with 12 Gasoline fueling positions (or 6 pumps)

§         5,000 SF fast-food restaurant with drive-thru

§         4,000 SF car wash

 

In addition, an 80,000 SF mini-storage has been proposed on the adjacent property to the west on Airport Boulevard, which does not require a rezoning, but will need a Special Use Permit based on the existing zoning (this proposed mini-storage would be in addition to the existing mini-storage facility which is located at 150 Airport Boulevard). The traffic expected from the proposed mini-storage is included in the Backgound (2022) analysis.

 

Land Use

Weekday Traffic

AM Peak Hour (vehicles/hour)

PM Peak Hour

(vehicles/hour)

Convenience Store w/ Gas (LU Code 820)

2,290

199

229

Fast-food restaurant with drive-thru (LU Code 853)

2,481

227

163

Car Wash (LU Code 948)

224

56

56

TOTAL Site Trips

4,995

482

448

 

Intersections Studied

 

The traffic study evaluated a total of 16 intersections within one (1) mile of the site boundary per LDO standards. The 16 intersections also include the proposed site entrances. A list of these intersections is included in the Executive Summary of the traffic study.

 

The study evaluated AM and PM peak hour operations at each of the intersections studied for four analysis year scenarios:  Existing (2017) Conditions; Background (2022) Conditions; Build (2022) Conditions; and Improved (2022) Conditions (or Build conditions with improvements).

 

For Background Traffic (2022) Conditions, there were 24 potential developments in the vicinity that may be approved and completed prior to, or at the same time as, the build-out of the proposed development. Four (4) of the 24 developments are located in Morrisville and the remaining 20 are located in Cary. Site traffic generated from those planned and/or developed projects was accounted at the study intersections in the Background Traffic (2022) Conditions.  Those background developments located in Cary include:

 

§         16-TAR-405 Ferrell Tract

§         16-TAR-402 Carpenter Village

§         15-TAR-392 E-33 Elementary School and Office/Retail

§         15-TAR-391 O’Kelly Chapel Daycare and Medical Office

§         15-TAR-389 Ridgefield Farms

§         14-TAR-387 Wackena Road Assemblage

§         14-TAR-386 Phillips Property Rezoning

§         14-TAR-385 Crosspointe YMCA and Office

§         14-TAR-378 Stitt Property Development

§         13-TAR-364 RKM Development/Park Corner Retail

§         13-TAR-363 Cary Park MR-8 Apartments

§         13-TAR-350A Parkside Town Commons Amendment

§         12-TAR-348 Cary Park Parcel TC-3A

§         12-TAR-346 Cary Glen Townhomes

§         12-TAR-340 CFS O&I Rezoning/6910 Carpenter Fire Station Road Rezoning

§         08-TAR-290 Cooke Property

§         Alston Town Center

§         Evans Farm Townhomes

§         Twin Lakes Center Sketch Plan

§         Airport Boulevard Mini-Storage

 

The background developments located in Morrisville include:

 

§         Sheetz (Park West Village)

§         Town Hall Drive Townhomes (NW corner of McCrimmon Parkway and Town Hall Drive extension)

§         E-50 Elementary School (West of Davis Drive along Little Drive)

§         Davis Drive Apartments (NW corner of Davis Drive and Lake Grove Boulevard

 

The Executive Summary of the Traffic Analysis Report includes information on level of service reported at each intersection studied and recommendations for improvements at these intersections. The traffic study also includes traffic generated by developments that have been approved, but not yet constructed in the area. 

 

Intersection Improvement Recommendations

 

To mitigate traffic impacts the proposed development may have on the adjacent roadway system, the Traffic Analysis Report provided recommendations for improvements consistent with LDO Section 3.4.1(D)(3) Traffic Impact Analysis (TIA).

 

§         Intersection of Davis Drive and Morrisville Carpenter Road (signalized) (Applicant has not offered these improvements as zoning conditions)

o       Restripe the existing northbound right-turn lane to a shared thru/right-turn lane.

o       Construct a receiving lane on the north leg of the intersection that ties into the existing northbound right-turn storage bay at the Davis Drive and Lake Grove Boulevard intersection.

o       Modify the signal phasing to accommodate the geometric modifications.

 

These improvements have been identified in previous TARs in the area, but they were not offered by previous applicants.

             

§         Intersection of Davis Drive and Morrisville Parkway (signalized) (Applicant has not offered these improvements as zoning conditions)

o       Construct an exclusive westbound right-turn lane that provides at least 300 feet of full storage with an appropriate taper.

o       Restripe the existing westbound thru/right-turn lane to a through lane.

o       Modify the signal phasing to accommodate the geometric modifications.

 

These improvements have been identified in previous TARs in the area, but they were not offered by previous applicants.

 

§         Intersection of Davis Drive and Airport Boulevard (unsignalized) (Applicant has not offered these improvements as zoning conditions)

o       In conjunction with the required frontage widening along Airport Boulevard, construct an eastbound two-way, left-turn lane.

o       In conjunction with the required frontage widening along Davis Drive, construct an additional southbound receiving lane along Davis Drive.

o       Modify the signal phasing to accommodate the geometric modifications.

 

It should be noted that if construction of adjacent developments (Ferrell Tract/Savaan and Twin Lakes/Wegmans) are delayed significantly, then their proposed improvements at this intersection would likely be delayed too. As a result, the projected site trips from this development will have a greater impact at the Davis Drive and Airport Boulevard intersection. NCDOT may require the developer to provide a full signal warrant at this location and if warranted, install a traffic signal to mitigate their impacts.

 

§         Intersection of Davis Drive and McCrimmon Parkway (signalized) (Applicant has not offered these improvements as zoning conditions)

o       Restripe the existing northbound right-turn lane to a shared thru/right-turn lane.

o       Construct a receiving lane on the north leg of the intersection that extends to the adjacent shopping center driveway, roughly 950 feet north of McCrimmon Parkway.

o       Modify the signal phasing to accommodate the geometric modifications.

 

These improvements have been identified in previous TARs in the area, but they have not been committed to by previous applicants.

 

§         Intersection of Davis Drive and Lake Grove Boulevard (signalized) (Applicant has not offered these improvements as zoning conditions)

o       Restripe the existing northbound right-turn lane to a shared thru/right-turn lane.

o       Construct a receiving lane on the north leg of the intersection that ties into the future northbound right-turn storage bay at Davis Drive and Holly Grove Road intersection (into Twin Lakes).

o       Modify the signal phasing to accommodate the geometric modifications.

 

§         Intersection of Morrisville Carpenter Road and Good Hope Church Road (unsignalized) (Applicant has not offered these improvements as zoning conditions)

o       Construct an exclusive westbound right-turn lane that provides at least 150 feet of full storage and appropriate taper.

o       Restripe the existing westbound thru/right-turn lane to a through lane.

 

§         Intersection of McCrimmon Parkway and Louis Stephens Drive (unsignalized) (Applicant has not offered these improvements as zoning conditions)

o       The intersection is anticipated to meet the AM and PM peak hour signal warrants (from Warrant 3 of the Manual on Uniform Control Devices) at build-out. Meeting one signal warrant (of nine) does not automatically justify the need for a signal. Therefore, in order to meet the Town’s LDO requirements, installing a signal should be considered at this location. The findings indicate that with the provision of a two-phase signal, the intersection will operate at LOS A in the AM peak period and LOS B in the PM peak period.

 

This improvement has been identified in previous TARs in the area, but was not committed by previous applicants.

 

§         Intersection of Airport Boulevard and Mini-Storage Access (unsignalized) (Applicant has not offered these improvements as zoning conditions)

o       Construct the northbound Mini-Storage Access to provide for one ingress lane and one egress lane.

o       With the additional pavement provided along Airport Boulevard, construct a westbound two-way center left-turn lane.

 

It should be noted that the applicant’s conceptual plan provided for the purposes of TAR showed these improvements. However, they have not been offered as rezoning conditions.

 

§         Intersection of Davis Drive and Access #1 (unsignalized) (Applicant has not offered these improvements as zoning conditions)

o        Construct the eastbound Access #1 approach to provide for one ingress lane and one egress lane that allows for a right-turn only movement.

o        Provide adequate channelization to meet Cary and NCDOT access management requirements.

o        With the additional pavement provided on the west side of Davis Drive, stripe a continuous southbound right-turn lane into the site.

 

It should be noted that the applicant’s conceptual plan provided for the purposes of TAR showed these improvements. However, they have not been offered as rezoning conditions.

 

§         Intersection of Davis Drive and Access #2 (unsignalized) (Applicant has not offered these improvements as zoning conditions)

o        Construct the eastbound Access #2 approach to provide for one ingress lane and one egress lane that allows for a right-turn only movement.

o        Provide adequate channelization to meet Cary and NCDOT access management requirements.

o        With the additional pavement provided on the west side of Davis Drive, stripe a continuous southbound right-turn lane into the site.

 

It should be noted that the applicant’s conceptual plan provided for the purposes of TAR showed these improvements. However, they have not been offered as rezoning conditions.

 

 

Staff Comments Regarding Recommendations in Traffic Study

 

The traffic study (17-TAR-428) has identified several deficiencies at the study intersections listed above as a result of site generated traffic. The applicant has not offered to complete any of the above recommended transportation improvements. At the time of development plan review, NC DOT may require some of the offsite improvements that are recommended by the traffic study. Staff has not received any justification or hardships from the applicant that would make these improvements infeasible to offer.

 

Stormwater

The Town has specific stormwater and floodplain management requirements for new development that must be addressed during the development plan review process to satisfy Cary’s Land Development Ordinance. These new development requirements are established to mitigate potential flooding impacts and to enhance water quality of our streams while protecting current and future residents of Cary. These protections are provided comprehensively as follows:

 

§         During development plan review, address improving stormwater and floodplain management by addressing the potential for replacing aging and inadequate infrastructure, as allowed and applicable.

§         During construction, provide sedimentation and erosion control measures to prevent transport of sediment from the construction site.

§         In perpetuity, limit the stormwater runoff from new development to pre-development site conditions with approved stormwater control measures (SCM’s) that restrict stormwater flow leaving the site to engineered limits.

§         Upon completion of the post-construction SCM’s and prior to final acceptance of the new development, require independent certification that they will function as designed, and require provisions for the ongoing maintenance of the SCM’s, to protect quantity and enhance the quality of stormwater leaving the site in perpetuity.

 

 

Next steps

 

Council may forward the case to the Planning and Zoning Board for their review and recommendation. After making their recommendation, the Planning and Zoning Board will forward the case back to Council for final action.

 

 

DRAFT ORDINANCE FOR CONSIDERATION

 

 

DRAFT ORDINANCE FOR CONSIDERATION

 

17-REZ-24 AIRPORT BOULEVARD REZONING

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF 3.55 ACRES OWNED BY BISHARAH LIBBUS AND LIBBUS ENTERPRISES PROPERTIES, LLC, BY REZONING FROM OFFICE/RESEARCH AND DEVELOPMENT (ORD) TO GENERAL COMMERCIAL CONDITIONAL USE (GC-CU) WITH ZONING CONDITIONS TO PROHIBIT CERTAIN USES.

 

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:

 

 

PARCEL & OWNER INFORMATION

 

Property Owner

County Parcel Numbers
(10-digit) (PIN)

Real Estate IDs (REID)

Addresses

Acreage

Bisharah Libbus

401 Ironwoods Drive

Chapel Hill, NC 27516

0745365117 (portion)

0029235 (portion)

170 Airport Blvd.

0.86

Libbus Enterprises Properties, LLC

5400 Highcroft Drive

Cary, NC 27519

0745367213 (portion)

0334354 (portion)

180 Airport Blvd.

2.68

Total Area

3.55

 

Section 2:

That these Properties are rezoned from ORD to GC-CU subject to all the individualized development conditions set forth herein, if any, and to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines, all of which shall constitute the zoning regulations for the approved district and are binding on the Property.

 

Section 3:

The conditions proposed by the applicant to address conformance of the development and use of the Property to ordinances and officially adopted plans, to address impacts reasonably expected to be generated by the rezoning, and to promote the public health, safety and general welfare, and accepted and approved by the Town are:

 

1.     The following uses are excluded:

    1. Nursing home
    2. Nightclub/bar, with outdoor operation
    3. Nightclub/bar, with indoor operation
    4. Pool or billiard hall
    5. Outdoor amphitheater, public
    6. Commercial outdoor recreation facility
    7. Golf driving range
    8. Funeral home
    9. Crematorium
    10. Moped Sales/Rental
    11. Radio or TV broadcasting studio
    12. Hotel or motel
    13. Trade school
    14. Motor vehicle sales/rental
    15. Outdoor storage
    16. Warehousing and distribution establishment
    17. Wholesale establishment