06-REZ-11 Cary Creek Property
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06-REZ-11 Cary Creek Property Staff Report to Town Council Revised Staff Report to Town Council This staff report and Ordinance corrects a typographical error discovered in the rezoning staff report for this case that was approved by Town Council at its regular meeting on July 27, 2006. The staff report for July 27 correctly noted that no changes had occurred subsequent to Planning and Zoning Board action on July 17, 2006. However, that report inadvertently added two additional uses to the list of excluded uses for the GC-CU district and three additional uses to the list of excluded uses for ORD-CU districts in the report and its Ordinance text. Both the GC-CU and ORD-CU districts inadvertently included “veterinary hospital/office with outdoor kennel” and “kennel, indoor/outdoor” in the list of excluded uses. In addition, the ORD-CU districts inadvertently added “towing and vehicle storage” to the lists of excluded uses. The applicant never proposed to exclude those uses as part of their case application, and hence the Council action and Ordinance needs to be corrected. This staff report and Ordinance removes those uses from the lists of excluded uses. Existing Zoning, Base Districts: Zoning map General Commercial Conditional Use (GC-CU), Office, Research, and Development Conditional Use (ORD-CU), Residential Multi-Family Conditional Use (RMF-CU) Existing Zoning, Overlay Districts: Regional Activity Center Overlay District with associated Alston Regional Activity Center Concept Plan; Jordan Lake Watershed Overlay District Requested Zoning, Base Districts: Same districts, with changes to conditions. Requested Zoning, Overlay Districts: No change Acreage: Approximately 92.11 Location: Vicinity map Alston Avenue near the intersection with NC Highway 55 Applicant: Town of Cary Case Manager: Rezoning Application Details A. Nature of the Rezoning Request: The applicant requests to amend the zoning conditions in order to remove conflicts between the existing conditions and the requirements and specifications of the Alston Activity Center Concept Plan, approved under the Regional Activity Center Overlay District, so that future site plans submitted for the parcels can fully conform with the design guidelines and requirements of the Alston Concept Plan. B. Existing and Proposed GC-CU District Conditions (Real I.D. 319337): (Existing conditions were established in 1987 by case Z-434-87-2)
C. Existing and Proposed ORD-CU District Conditions (Real I.D. 0319337): (conditions established in 1987 by case Z-434-87-2):
D. Existing and Proposed RMF-CU District Conditions (Real I.D. 0319337): (conditions established in 2003 by case 03-REZ-06):
E. Existing and Proposed ORD-CU District Conditions (Real ID 0082438): (conditions established in 2001 by case 01-REZ-08):
Meeting Schedule: Planning & Zoning Board: Town Council Action: Applicant’s Justification Statement Submitted (March 27, 2006) The purpose of this request is to eliminate zoning conditions that prevent the development of these parcels under the recently adopted Alston Activity Center Concept plan. Many of these conditions would effect how the Alston design would be accomplished and therefore we would request that they be removed. How is the proposed request reasonable? In explaining how it is reasonable, please address the following, if applicable: 1. Any issues with the size of the tract? There are no issues with the size of the tract of land. 2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? Yes, this request is compatible with the Comprehensive land use plan. This request is compatible because the activity center has already been established and is far more restrictive than the base zoning with regard to uses, open space, and circulation. In fact, this rezoning request is necessary for the fulfillment and intent of the Alston Activity Center Concept Plan. 3. What are the benefits and detriments to the owner, neighbors and the community? Removing the existing conditions is beneficial in that if the conditions remained the “Alston vision” density and connectivity would not come to fruition. For example the proposed density on the Residential Multi-family would be limited to 350 units instead of the 590 approved in the Alston Plan. The existing conditions would also limit the site to one means of access onto Hwy 55. All of the documents in the Alston plan contain at least two connections to Hwy 55. 4. How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? We are not proposing any uses that are not already allowed in the district under the Alston Activity Center Concept Plan. The request is simply to remove existing conditions that inhibit the development of the Alston Activity Center Concept Plan. Reference Information A. Compliance with the Comprehensive Plan: Land use map Both the existing and requested zoning conform to the Comprehensive Plan. The most relevant governing elements of the Comprehensive Plan for the subject parcels are the district master plan – the Northwest Area Plan, plus the Comprehensive Transportation Plan, and the Parks, Recreation, and Cultural Resources Master Plan. The requested rezoning is in compliance with all these elements. The Comprehensive Plan recommends the parcel develop as part of a large, mixed-use regional activity center, and the mix of zoning districts for the subject parcels supports that vision. There is also nothing inherent in the rezoning request that is contrary to the recommendations for parks, greenways, open space, or transportation facilities. B. Specifications for Adjacent/Nearby Roadways: NC Highway 55:
North-South Collector and East-West Collector (to run north-south and east-west through the site):
C. Transit Requirements: Bus shelter or pull-out required D. Traffic Impact Analysis (TIA): A TIA is not required for this zoning case, since the proposed changes do not affect trip generation under the base zoning. However, a draft Traffic Impact Study has been prepared for a site plan currently under review for the northern half of the subject tracts. That study is being performed by Town traffic consultant, HNTB, dated March 2006 for the commercial parcel. The study is based on 433,500 sq. ft. of retail and 52,000 sq. ft. of office. E. Parks & Greenways: Greenways map According to the PRCR Facilities Master Plan and the Alston Activity Center Concept Plan, a greenway is required along the Nancy Branch Stream as well as a north-south multi-use trail along the north-south collector. The greenway and multi-use trail will be required to be built to Town standards as part of the activity center. F. Schools None of the proposed changes to zoning conditions affect the residential yield or number of students that might be generated from the RMF-CU site. Therefore, no school impact information is provided. G. 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, storm water 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://www.amlegal.com/library/nc/cary.shtml. Feedback at Town Council Public Hearing: No citizens or Council members spoke at the public hearing. Changes since Town Council Public Hearing The applicant originally proposed to remove all conditions from all the districts. The application now includes conditions that exclude uses that would not otherwise be allowed under the Alston ACCP. Staff Observation on Rezoning: A. Background Existing Conditions and the Alston Activity Center Concept Plan: Under the LDO, certain types of existing conditions tied to the base zoning apply to the subject parcel regardless of the nature of any Activity Center Overlay District and Concept Plan. This is the case for some of the conditions tied to these two parcels, where certain existing conditions are in conflict with the Activity Center Overlay District and its associated Alston Concept Plan (such as the internal buffers or unit caps). Such conditions make it impossible for future site plans submitted under the Activity Center Overlay District to be in full compliance with the Alston Plan. Thus, some of the existing conditions need to be removed or updated in order to allow future site plans to be submitted consistent with the Alston Plan. Following adoption of the Alston Activity Center Overlay District and Concept Plan in March 2006, staff informed the applicant that it would be advisable to seek a rezoning amendment that would remove or update conditions that are in conflict with the Alston Plan. B. Analysis of Proposed Amendments to Zoning Conditions An analysis of the impact of changing or removing the existing conditions for each of the Conditional Use districts is given in the tables below: Impact of Proposed GC-CU District Amendments (Real Estate ID 0319337):
Impact of Proposed ORD-CU District Amendments (Real Estate ID 0319337):
Impact of Proposed RMF-CU District Amendments (Real Estate ID 0319337):
Impact of Proposed ORD-CU District Amendments (Real Estate ID 0082438):
Analysis Summary: As noted in the above tables, most of the conditions that would be eliminated either address issues that are now adequately addressed in the Town’s Land Development Ordinance (LDO), the Community Appearance Manual, or the Alston ACCP Design Guidelines. (The Alston design guidelines apply to development proposals submitted under either the base zoning, or the Activity Center Overlay District zoning.) The proposed modifications to the use conditions (prohibited uses) are designed to match the list of prohibited uses for this site under the Alston ACCP, helping to ensure that the site will build out in closer conformance with the vision established by the Alston ACCP. Staff Recommendation: Staff recommends approval of the proposed amendments to the Conditional Use Districts as stated. Planning and Zoning Board Recommendation (July 17, 2006): The Planning and Zoning Board unanimously recommended approval 9-0 of the Ordinance to amend the Land Development Ordinance Map related to this request for the reasons stated by staff. Changes since the Planning and Zoning Board meeting: There have been no changes since the July 17, 2006 P&Z Board meeting. Town Council Motion Options: 06-REZ-11 Cary Creek Property The proposed Zoning Map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation. [Vote] Motion #2 (To amend zoning map) To adopt the Ordinance amending the Zoning Map by designating the boundary of the Cary Creek Properties, as set forth in this associated document and the corresponding vicinity map created by staff on April 21, 2006 and included in the Planning and Zoning Board Impact Statement for July 17, 2006, and as referenced in the Ordinance. [Vote] TO DENY This proposed Zoning Map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ___________. Ordinance for Consideration 06-REZ-11 Cary Creek Property AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 92.11 ACRES LOCATED on Alston Avenue near the intersection with NC Highway 55. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY: Section 1: The Official Zoning Map is hereby amended by rezoning from General Commercial – Conditional Use, Office Research and Development – Conditional Use, and Residential Multifamily – Conditional Use, and to General Commercial – Conditional Use, Office Research and Development – Conditional Use, and Residential Multifamily – Conditional Use, with amended zoning conditions, the area described as follows:
Section 2: That the rezoning from General Commercial - Conditional Use, Office Research and Development - Conditional Use, and Residential Multifamily - Conditional Use, and to General Commercial - Conditional Use, Office Research and Development - Conditional Use, and Residential Multifamily - Conditional Use, with amended zoning conditions, is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines and the following zoning conditions: For GC-CU District (PIN 0735389731, Real I.D. 319337), the following uses, as defined in the LDO, are prohibited: · Group living · Cemetery · Hospital · Athletic field, public · Utility facility, major · transportation facility (except transit stations) · golf driving range · auto sales · warehouse and freight movement For ORD-CU District (PIN 0735389731 having Real I.D. 0319337, and PIN 0735485345 having Real ID 0082438), the following uses, as defined in the LDO, are prohibited: · Group living · Cemetery · Hospital · Athletic field, public · Utility facility, major · transportation facility (except transit stations) · athletic field, private · golf driving range · outdoor amphitheater, commercial · auto sales · vehicle repair, heavy · industrial service uses · manufacturing and production uses · warehouse and freight movement uses For RMF-CU District (PIN 0735389731 having Real I.D. 0319337), a maximum of 350 units under the base zoning, however future development plans submitted under an approved Activity Center Concept Plan (ACCP) may exceed the maximum residential densities and unit counts specified, up to the maximums permitted under the ACCP. Section 3: This property will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance. Section 4: Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO. Section 5: This ordinance shall be effective on the date of adoption. (Signed) |