APPLICATION FOR REZONING

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1 TOWN OF CARY Planning Department For office use onl Pa ment Method: CASH c PAID FEB Submit to the Planning Department, P.O. Box 8005, Cary, NC This is the cover page of the original application: This request was modified by the applicant on April 19, 2018 to remove the Page Property at 601 Trelawney Road Rezon in Case # APPLICATION FOR REZONING Associated Annexation Petition Yes No Traffic Impact Study Yes TAR Number: JJ.. TAR - L{f 8 _ No Staff confirmation: Initials mfj Date ':;?- ) ;; -( 8"' This application is deemed sufficiently complete for purposes of submittal. Planning Staff Signature. 7/1/12?'/{/ Date J -/)J - /tf' Submittal deadlines incorporate sufficiency revi(w of ezoninglland use plan amendment applications. Signature by Planning Staff is required prior to payment of fees and final acceptal'ice of application. STAFF USE ONLY Circle applicable Parts: 1 3F Fees will not be accepted until the application is deemed sufficiently complete and signed by Planning Staff REZONING FEE: $1, General rezoning, or initial zoning associated with owner-initiated annexation petition, 5 acres or greater $300. oo - Initial zoning associated with citizen-initiated annexation petition, less than 5 acres $1, 900. oo - Conditional use rezoning (per change of zoning classification requested) $2, soo. oo - Mixed Use District Rezoning (New MXD, or major amendment to existing PDP) $500. oo - Mixed Use District Rezoning (Minor amendment to existing PDP - typically less than 50% of floor area, number of units, etc.) $2, 500. oo - New application or major amendments to approved Major PDD $1, 250. oo - Minor PDD or Minor Amendment to Existing POD NOTE: An additional fee of $150 will be charged for each additional public hearing or neighborhood meeting required due to changes in the request made during the rezoning process. Project Name Name of POD (if applicable) Address. Jenks Road &\NC 55 Hwy Rezoning N/A 6900 and 6905 Jenks Road, 711 and 601 Trelawney Road Location General Location Jurisdiction (check one) NW Intersection of Jenks Road and Hwy 55 Ci! CorgQrgle Limits Cary ET J W1ke CQ.* Chatham Co.* * Submittal of an annexation petition is required if rezoning is requested Updated: February 2017

2 TOWN OF CARY Planning Department Submit to the Planning Department, P.O. Box 8005, Cary, NC Revised Application For office use only: Rezoning Case # Payment Method: CASH CHECK CREDIT CARD Amount: $ P&Z HTE# APPLICATION FOR REZONING Associated Annexation Petition Yes No Traffic Impact Study Yes TAR Number: No Staff confirmation: Initials Date This application is deemed sufficiently complete for purposes of submittal. Planning Staff Signature Date Submittal deadlines incorporate sufficiency review of rezoning/land use plan amendment applications. Signature by Planning Staff is required prior to payment of fees and final acceptance of application. STAFF USE ONLY: Circle applicable Parts: 1 2 3A B1 3B2 3B3 3B4 3C1 3C2 3C3 3C4 3D 3E1a 3E1b 3E2 3F Fees will not be accepted until the application is deemed sufficiently complete and signed by Planning Staff. REZONING FEE: $1, General rezoning, or initial zoning associated with owner-initiated annexation petition, 5 acres or greater $ Initial zoning associated with citizen-initiated annexation petition, less than 5 acres $1, Conditional use rezoning (per change of zoning classification requested) $2, Mixed Use District Rezoning (New MXD, or major amendment to existing PDP) $ Mixed Use District Rezoning (Minor amendment to existing PDP - typically less than 50% of floor area, number of units, etc.) $2, New application or major amendments to approved Major PDD $1, Minor PDD or Minor Amendment to Existing PDD NOTE: An additional fee of $150 will be charged for each additional public hearing or neighborhood meeting required due to changes in the request made during the rezoning process. Project Name Name of PDD (if applicable) Address Jenks & Hwy 55 Rezoning N/A 6900 and 6905 Jenks Road and 711 Trelawney Road Location General Location Jurisdiction (check one) NW Intersection of Jenks Road and Hwy 55 Cary Corporate Limits Cary ETJ Wake Co.* Chatham Co.* *Submittal of an annexation petition is required if rezoning is requested Updated: February 2017

3 Part 1: Applicant Information Name Firm Address City, State, Zip Applicant Kevin Woodman Grace RE Development Grace RE Development 1173 Sunset View Drive Akron, OH (330) Name Firm Address City, State, Zip Phone (area code) Applicant s Contact Glenda Toppe Glenda S Toppe & Associates 4139 Gardenlake Drive Raleigh, NC glenda@gstplanning.com Part 2: Parcel & Owner Information Property Owner(s) Provide property owner name and address as it appears in the Wake or Chatham County Tax Records, County Parcel Number(s) (10 digit) Real Estate ID(s) Deeded Acres 1 P&P Balaji Enterprise LLC 162 Mockingbird Ct Apex, NC PIN REID acres P&P Balaji Investments Inc 162 Mockingbird Ct PIN PIN REID REID acres 1.84 acres Total Acres A property survey showing zoning district boundaries and acreages is required if multiple zoning districts are proposed or if the proposed rezoning applies to only a portion of a parcel.!2

4 Part 3A: Rezoning Request Pre-Application Conference: Yes Date: 11/08/2017 No Base Zoning District(s) HD (Wake County), R-40 (Cary) Existing Zoning Zoning Overlay District(s) Check any that apply Mixed Use Overlay District N/A (Name: ) Conservation Residential Overlay District Airport Overlay District Watershed Protection Overlay District Jordan Lake Jordan Lake Critical Area Swift Creek Historic Preservation Overlay District Zoning Conditions (if any) NONE Proposed Base Zoning District(s) General Commercial Conditional Use/GC-CU Proposed Zoning Conditions No zoning conditions are proposed Zoning conditions are proposed and included in attached affidavit Proposed Zoning Proposed Changes to Overlay Districts N/A Summary of Proposed Development or Purpose of Request The proposed zoning conditions address maximum square footage of a single-building, height, architecturally compatibility for buildings facing Trelawney Lane, streetscape adjacent to Trelawney Lane and a list of prohibited uses. Part 3B: Applicant s Rezoning Justification Statement(s) Rezoning Justification Statement #1 Required for all rezoning requests Describe how the proposed rezoning meets the criteria listed below.!3

5 Section 3.4.1(E) of the Land Development Ordinance states that Council should consider the following criteria when reviewing all proposed rezonings: (1) The proposed rezoning corrects an error or meets the challenge of some changing condition, trend, or fact; Applicant s Comments: The proposed rezoning is located at the northwest intersection of Jenks Road and Hwy 55. The proposed rezoning will provide additional services to both the existing and future residents in this part of Cary and the surrounding area. (2) The proposed rezoning is consistent with the Comprehensive Plan and the purposes set forth in Section 1.3 of this Ordinance; Applicant s Comments: The proposed rezoning is consistent with the Cary Community Plan. The property is located within the Traditional Neighborhoods Development Category. Under Incidental and Other Use Types, a limited amount of nonresidential uses is permitted at the edge of residential areas. Commercial, small format is identified as the type of commercial uses permitted. These uses include but are not limited to gas stations, convenience stores and banks. Commercial, small format fits into a commercial or corridor context. The subject property is located at the intersection of Jenks Road and Hwy 55. This location meets the criteria identified in the Traditional Neighborhoods Development Category. (3) The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation, and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development; Applicant s Comments: The Town of Cary can provide services to the subject property while maintaining sufficient levels of service to existing development. Even though the subject property is not contiguous to Cary s primary corporate limits, two parcels within the assemblage are part of Cary s corporate limits. (4) The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife, and vegetation; Applicant s Comments: The proposed rezoning will not have an adverse impact on the natural environment. All development will comply with Town of Cary environmental regulations. This will ensure there will be no negative impacts. (5) The proposed rezoning will not have significant adverse impacts on other property in the vicinity of the subject tract; and Applicant s Comments: The proposed rezoning will not have a significant adverse impact on other property in the vicinity of the subject property. The proposed zoning conditions will minimize any adverse impact. Buffers and streetscapes will comply with the requirements of the LDO. (6) The proposed zoning classification is suitable for the subject property. Applicant s Comments: The proposed zoning is suitable for the subject property. The subject property is located at a major intersection. The size and scale of the proposed rezoning complies with the Cary Community Plan through the zoning conditions that are being offered. The properties across the street within Apex s jurisdiction are developed with commercial uses. The proposed rezoning will provide additional services to those residents living in this part of Cary and the surrounding area.!4

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