Town of Cary, North Carolina

Mixed Use Sketch Plan Datasheet

09-MU-001 and 09-SP-041 – Carolina Legacy

Town Council Meeting

December 10, 2009

REQUEST

Consideration of a mixed use sketch plan for development of approximately 11,924 square feet of commercial indoor recreation space and 5,917 square feet of office space, located on approximately 3.05 acres at the southern terminus of Quarrystone Circle. Note that this Mixed Use Sketch Plan contains full construction details; therefore serving as a site plan as well.

Location

West of Davis Drive at the southern terminus of Quarrystone Circle

Within Town Limits

Yes

Vicinity Map

Within ETJ

N/A

Deeded Acreage

3.05 acres

Land Use Plan Designation

Office/Institutional (OFC/INS)

Zoning District

Office and Institutional – Conditional Use (OI-CU)

Existing Zoning Conditions

1. Maximum building height is two stories.

(99-REZ-14)

2. Banks are not allowed as a permitted use.

Zoning Overlay District

Mixed Use Overlay District – Cornerstone (Community Mixed Use Center)

Valid Protest Petition

None

NOTE: Mixed Use Sketch Plans are located within the Mixed Use Overlay District (MUOD). The MUOD includes areas that are identified as “activity centers” (now referred to as “Mixed Use Centers”) on the Land Use Plan and are intended to be developed following the general guidelines of the Comprehensive Plan. The MUOD is intended to promote higher-density, mixed-use developments of varying sizes, as an alternative to lower-density, separate-use suburban sprawl-type development.

Mixed Use Sketch Plans are conceptual documents that address the general density, the mix of uses, and the development patterns within a mixed use center. Less detailed than the plans required for full site plan review, the intent of MUSPs is to provide information sufficient to determine consistency with the Comprehensive Plan and with the Town’s Design Guidelines. Specific development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site plan is submitted. All such requirements can be found at http://www.amlegal.com/library/nc/cary.shtml

SUBJECT PARCEL

Property Owner

Wake County Parcel Identification Number (PIN) (10-digit)

Real Estate ID Number

Deeded Acreage

Heartland Cary/Davis Drive Limited Partnership

0744511303

0270790

3.05

524 2^nd Avenue, Suite 200

Seattle, WA 98104

Total Area

3.05

TENTATIVE SCHEDULE

Date

Action

Town Council Public Hearing

September 10, 2009

Forwarded to P&Z Board

Planning & Zoning Board

November 16, 2009

Forwarded to Town Council with recommendation for approval by vote of 5 to 4

Town Council Action

December 10, 2009

contact Information

Applicant/Agent

Bob Anderson

Barton Group

7000 Six Forks Road, Suite 115

Raleigh, NC 27615

(919) 427-9360

bob@bartongroupnc.com

Staff Contact

Kevin A. Hales, Senior Planner

Town of Cary Planning Department

316 North Academy Street

Cary, NC 27513

(919) 462-3944

kevin.hales@townofcary.org

PROJECT DESCRIPTION

The proposed mixed use sketch plan consists of an 11,924-square-foot commercial indoor recreation facility and a 5,917-square-foot office building. Parking would be located interior to the site, predominantly on the southern and the western sides of the property. The buildings are arranged such that they would provide significant screening of the proposed parking from Davis Drive. The site would not have direct vehicular access to Davis Drive but would, instead, be accessed off of the Quarrystone Circle cul-de-sac.

The applicant is also proposing a 24% reduction in the number of required parking spaces, providing 84 of the required 110 parking spaces.

SITE DATA

Existing Land Use

Vacant

Streams

According to the Town of Cary’s GIS maps, there is a stream located along the western property line. This stream would be subject to the Town of Cary’s Urban Transition Buffer regulations.

Floodplain

According to the Town of Cary’s GIS maps, there is no floodplain or flood hazard area on the property. The applicant has also supplied the applicable FEMA FIRM panel to support the GIS data.

Wetlands

The proposed mixed use sketch plan indicates that small pocket wetlands exist on the property. The plan also indicates limited disturbance of those wetlands in conjunction with the development of the site.

Topography

The property drops from Quarrystone Circle and Davis Drive into a draw running approximately north to south across the site. There is approximately 10 feet of elevation change across the site.

Surrounding Land Uses

North

Office and Daycare uses

South

Whitebridge Subdivision (HOA-controlled Open Space)

East

Searstone CCRC (Under Construction) and Fenton Estates Subdivision (R-8-CU) – both on opposite side of Davis Drive

West

Whitebridge Subdivision (R-12)

Mixed Use Sketch Plan/Site Plan

Carolina Legacy Site Plan

Consistency with the comprehensive plan

Land Use Plan

The land use plan designation for the subject property is Office and Institutional (OFC/INS); which includes various office and institutional uses. The site is also located in the Cornerstone Community Mixed Use Center. Community-sized mixed use centers typically include a mix of commercial, of office, and of institutional uses and incorporate facilities needed by the surrounding community.

Parks, Recreation, and Cultural Resources Facility Master Plan

There is an existing multi-use trail on the western side of Davis Drive, in accordance with the Parks, Recreation, and Cultural Resources Master Plan.

Growth Management Plan

The Growth Management Plan includes the following Guiding Principles that are relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

Staff Analysis: The proposed development occupies an existing lot in the Cornerstone shopping center. As such, water and sewer service is readily available to the site. The adjacent thoroughfare, Davis Drive, was recently widened and will not require additional widening at this time.

2. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

Staff Analysis: The proposed development has provided protection for the stream that runs along the western property line as required by the LDO.

Affordable Housing Plan

The Affordable Housing Plan is not applicable to this case.

Comprehensive Transportation Plan

Davis Drive is classified as a Major Thoroughfare.

Existing Section

4-lane, median-divided

Future Section

4-lane, median-divided

Sidewalks

Multi-use trail on western side and standard sidewalk on eastern side (both existing)

Bicycle Facilities

Wide-outside lanes

Transit Facilities

No requirements for this parcel

Status of Planned Improvements

No improvements are currently required or planned.

Quarrystone Circle is classified as a Local Street.

Existing Section

2-lane

Future Section

2-lane

Sidewalks

Sidewalk is provided to the bulb of the cul-de-sac.

Bicycle Facilities

None

Transit Facilities

None

Status of Planned Improvements

No improvements are currently required or planned.

Open Space and Historic Resources Plan

The Open Space and Historic Resources Plan does not identify any significant natural or historic resources on the subject parcel or in the vicinity of the proposed development.

CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE (LDO)

Adequate Public Facilities (Traffic)

A site visit and data collection occurred at the existing Carolina Legacy facility. An 11,990-square-foot gym is anticipated to generate 28 PM peak hour trips, and the 5,760-square-foot office is anticipated to generate 9 PM peak hour trips for a total of 37 PM peak hour trips for the site. That total is below the PM peak hour threshold of 50 established in the LDO. The morning peak hour trip total is anticipated to be less. Therefore, no traffic study is required.

Buffers and Streetscapes

The proposed MUSP includes a 30-foot streetscape along Davis Drive, as required by the LDO. A 20-foot Type C (aesthetic) buffer is proposed along the northern property line, and a 20-foot Type A (opaque) buffer is proposed along the southern property line. Both the northern and the southern perimeter buffers are being averaged in width as permitted by the LDO.

REQUESTED MINOR MODIFICATION TO THE DEVELOPMENT STANDARDS

As allowed by Section 3.19.1 of the LDO, the applicant has requested Town Council consideration of the following Minor Modification to the development standards of the LDO. Minor Modifications may be approved if Town Council feels that the modification advances the goals and purposes of the LDO and either results in less visual impact or more effective environmental or open space preservation, or relieves practical difficulties in developing a site.

The applicant is requesting a 24% reduction in the number of required parking spaces, from 110 to 84. This request is based on the characteristics of the commercial indoor recreation use proposed and the differing peak usage hours of the two proposed buildings.

Applicant’s Justification Statement (as submitted by the applicant):

The number of parking spaces required has been reduced from 110 to 84 spaces per section 3.19.1 of the Land Development Ordinance. Required parking for Carolina Legacy (CL) is based on occupancy. The occupancy for the proposed building is 269 people. CL's facility will utilize three large spring floors for cheerleading and dance classes, each floor with a footprint of 54'x42'. They would also have a tumbling location with a tumble track using a 12'x42' area. Since cheerleading team sizes are regulated not to exceed 36 persons per team, we would never have more than 108 students on the floor for cheerleading (or dance) at one time. The tumbling area would not have more than 10 students at one time. Staff would be limited to five persons. For our use, that is a total of 123 people in the large room at one time. Most parents prefer to drop-off their kids which means they may have 20 parents in the lobby during peak hours. CL's peak operation time is weekdays from 5pm to 9pm. This means their parking requirements would be active when the garden office is not. Because CL's peak time is different than the garden office, the project will only be five spaces short of the total spaces required for CL. The proposed garden office building will provide turn-key office space for sale. The suites are designed for general office users, which would not accommodate any type of medical users. The proposed suite layouts will only accommodate 18 employees.

Staff Analysis:

As the applicant has indicated, the LDO establishes the required parking for commercial indoor recreation based upon the occupancy of the proposed facility. The applicant requested that the occupancy be capped at a specific number based on their particular business, which is allowed by the NC Building Code. As a result, the occupancy for this proposed commercial indoor recreation use has been voluntarily limited to significantly less than the maximum occupancy that the building would be able to support if an alternate use were to occupy the same space. The underlying zoning district allows a variety of uses by-right, including office, day care, neighborhood recreation, school, assembly, or commercial uses. Many of the allowable uses would be less practical to locate within the existing shell due to the unique nature of building. Office, daycare, and commercial uses would likely require an expansion to the mezzanine which would be a more costly endeavor than locating a more suitable building elsewhere. Staff has gotten a large number of inquiries about converting existing buildings, especially those with large, open floor plans into religious assembly uses. For instance, both the former Crossroads Ford and Beyond Fitness buildings on Buck Jones Road have been converted into religious assembly uses within the past 24 months.  An assembly use occupying the same facility would potentially have a maximum occupancy in excess of 600 persons, thereby raising the required number of parking spaces to 200 according to the LDO.

The suggestion of the use of shared parking was made at the Planning and Zoning Board meeting, to which staff offers the following observations. Shared parking spaces must be located within 500 feet of the primary entrance of the facility being served. Based on the proposed facility location, the parking for the adjacent office and daycare buildings would be eligible. The radius also includes limited portions of the parking lot for the shopping center, a second office building and the Colony Tire business. The daycare site was only required to provide 85% of its required parking (53 of 69 provided) with the provision for nine additional parking spaces to be provided as required. The adjacent office use provided 100% of its required parking (45 spaces). At some point, six parking spaces were marked along the western side of Quarrystone Circle. This created concerns regarding access for patrons and emergency vehicles. Consequently, the Town is requiring that the striped spaces be removed from Quarrystone Circle, eliminating six parking spaces. In order to utilize shared parking to meet their parking needs, Carolina Legacy would need to provide a parking study for review by the Town and record a shared parking agreement with the Register of Deeds for Wake county. Staff has concerns about the long-term viability of a shared parking arrangement since it too is tied directly to the needs of a specific tenant and not to the needs of the building itself.

Since the parking requirement for the proposed site plan (110 spaces) is based, in part, on the voluntarily restricted occupancy, staff is concerned that the long-term viability of the site may be diminished due to the limited amount of parking available on-site; severely limiting the reuse potential of the building should the currently proposed user vacate the building. For this reason, staff is not supportive of an additional 24% reduction (26 spaces) in the number of required parking spaces that the applicant has requested.

APPROVAL CRITERIA FOR MIXED USE SKETCH PLANS

Section 4.4.2 (J) of the LDO establishes criteria that must be considered in reviewing Mixed Use Sketch Plans. Though it may not be practical for some existing or partially-built mixed use centers to achieve certain design standards, a proposed MUSP shall be reviewed for compliance with the following approval criteria where deemed appropriate:

1. The Mixed Use Sketch Plan has been prepared consistent with the requirements of Section 4.4 of the LDO and the Land Use Plan;

2. The Mixed Use Sketch Plan includes an appropriate mix of land uses for the overall activity center, including residential, commercial, office, and institutional uses;

3. The Mixed Use Sketch Plan meets or exceeds Town design guidelines and other established Town standards;

4. The Mixed Use Sketch Plan includes medium- and higher-density housing;

5. The Mixed Use Sketch Plan includes some formal outdoor space for public use, such as a park, a village green, or a plaza with larger mixed use centers including more such space than smaller centers; and

6. The Mixed Use Sketch Plan demonstrates participation by residents, by property owners in the surrounding neighborhoods, and by the Town, so that the proposed development responds to the unique conditions of the area.

STAFF ANALYSIS:

The proposed mixed use sketch plan occupies the only vacant parcel remaining in the southwestern quadrant of the Cornerstone Mixed Use Center. Since the MUSP consists of a single parcel, the requirements for the provision of residential units would not be considered applicable. Likewise, the location of the parcel, being the southern tip of the mixed use center, does not make the provision of formal outdoor space such as a plaza or green applicable. Vehicular and pedestrian connectivity to the surrounding community are made impractical by the existing development pattern of the surrounding properties. The proposed MUSP does provide a unique use for this mixed use center which will serve the surrounding communities.  Staff has received no feedback from the surrounding neighborhood outside of two respondents to the Neighborhood America on-line survey regarding this project, both of which strongly support the proposed project.

APPLICANT’S JUSTIFICATION STATEMENT

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) and do not necessarily represent the views or the opinions of the Town of Cary. Any statements as to the type, the quality, or the physical features are at the direction of the applicant and may be formulated into a condition:

1. Any issues with the size of the tract?

The MUSP request is not being made due to physical site conditions.

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

The land use plan highlights the parcel as ‘office/institutional’. Both proposed uses, office and indoor recreation, are allowed in this zone. The traffic engineering department has evaluated the traffic counts and determined that a TIA is not required.

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

The MUSP will allow Carolina Legacy, who is currently operating in Cary, to relocate to an improved facility to better serve their customers (children 5-18 years old) in the Cary area. It will also be a more central location for their customers, which will allow a certain percentage of children to bike to the facility. In regards to the neighboring properties, it is considered a low-impact use that does not create outside noise or visual detriments. Peak hours are from 5-8 during the week and minimal use on the weekends.

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

The proposed uses are similar in nature to those on adjacent parcels, within the Cornerstone development. The parcels directly adjacent to Lot 9 are a daycare and a medical office building. Parcels in the vicinity vary among residential, office, multi-family and retail.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.

N/A – this question only pertains to PDD amendments.

STAFF RECOMMENDATION:

The proposed uses and the layout of the mixed use sketch plan compliment the other uses in the Cornerstone Mixed Use Center, fit well on this small site, and are generally consistent with the plans and the policies adopted by the Town. The proposed commercial indoor recreation use provides additional recreational opportunities for residents in the surrounding community. The concerns that staff have in regards to both the occupancy determination and the related parking reductions make staff hesitant to recommend approval of the proposed project. The applicant’s request for an additional reduction of 24% to the effectively reduced parking requirement based on the applicant’s requested occupancy is sufficient grounds for staff to recommend denial of the project. The reduced parking requirements significantly increase the likelihood of problems with both future tenants and users of the facility.

ON-LINE PUBLIC FEEDBACK

In keeping with Town Council policy regarding citizen involvement in the planning & development process, the Town has created a new opportunity for interested citizens to provide comments on this case. In addition to speaking at community meetings and public hearings, citizens can also use the associated "Public Comment" page to share your opinions and concerns. Public feedback will be made available to other residents, the Town Council, the Planning & Zoning Board, and the applicant as this item is evaluated and considered over the next few months.

Click here to view comments received so far.