06-REZ-19 McCrimmon Corners

 

06-REZ-19 McCrimmon Corners Re-Submittal Rezoning Staff Report to Town Council
Revised November 13, 2006

Background Information   

Existing Zoning:  Office, Research, and Development (ORD)  Zoning map  

Requested Zoning:  Residential Multi-Family – Conditional Use (RMF CU) 

Conformity with the Land Use Plan Designation:  Yes.  Comprehensive Plan Amendment 06-CPA-06 was approved to change the land use to Medium Density Residential (MDR). 

Acreage:  Approximately 16.80   

Location:  Vicinity map

Southeast corner of McCrimmon Parkway and Koppers Road  

Applicant: 

Matthew Danielson

Land Acquisition Manager

Beazer Homes, Inc.

5811 Glenwood Avenue, Suite 200

Raleigh,  NC 27612

(919)881-9350  

Applicant’s Contact:

Beth Lewis

Chas. H. Sells, Inc.

15401 Weston Parkway, Suite 100

Cary, NC 27513

(919) 678-0035

blewis@chashsells.com  

Town of Cary Case Manager: 

Debra Grannan, Senior Planner

316 N Academy Street, Cary, NC 27513

(919) 460-4980

debra.grannan@townofcary.org   

Summary of Requested Rezoning  

The applicant has submitted the following proposed zoning conditions:

1.  The property will be limited to townhome use, the attendant parking, and an amenity center.

2.  The property will be limited to 134 units.  

A.  Transportation
Existing Roadway Section: 2-lane road, 60’ ROW on McCrimmon Parkway and  Koppers Road

Future Roadway Section: 4-lane median divided road, 110’ ROW on McCrimmon and Koppers

Schedule: Not currently scheduled

Sidewalk Requirements: sidewalks required on both sides of McCrimmon and Koppers

Bicycle Requirements: 14’ wide outside lane required on both McCrimmon and Koppers

Transit Requirements: Bus shelter or pull-out required  

B.  Traffic Impact Analysis:  The request represents a down zoning and no traffic study is required.  

C.  Parks & Greenways:  Greenways map

According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a neighborhood park is recommended in close proximity to this site.  According to the Open Space and Historical Resources Plan (OSHRP) the 13.8 acre parcel is shown as Potential Open Space.

A payment in lieu will be required for the value of parkland dedication of 3.83 acres will be required to meet the Land Dedication Ordinance;

The PRCR Advisory Board recommended approval of the required payment-in-lieu for 06-REZ-19 at its October 9th Board meeting.

Reference Information
Meeting Schedule: 

Town Council Public Hearing 
Date:  August 10, 2006
Action:  Forwarded to the October 16 Planning and Zoning Board meeting.   

Planning & Zoning Board:
Date:  October 16, 2006
Action:  The P&Z Board unanimously recommended approval (8-0). 

Town Council Action
Date:  November 14, 2006
Action:    

Applicant’s Justification Statement Submitted April 24, 2006:
(Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary).

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

The requested Land Use Plan and zoning map amendments are reasonable and appropriate for the area for the following reasons: 

The current Land Use Plan designation, Office and Institutional, is no longer appropriate in light of the residential development that has taken place in the surrounding area.  When the northern section of Carpenter Village was designated as Office and Industrial on the Comprehensive Land Use Plan map, this property’s Office and Institutional Land Use Plan designation was appropriate, an extension of the planned office park-type development.  However, since the Carpenter Village area has been amended to permit low to medium density residential use and the property to the east in Morrisville has developed in a residential manner, the O&I designation on the tract in question would encourage an intrusion of non-residential uses into a residential area, on a tract that may not be of sufficient size to provide appropriate buffering for the abutting residential uses. 

Amending the Land Use Plan map to a more appropriate residential density would then require an amendment to the zoning map to a corresponding residential zoning classification to facilitate development.
 

Any issues with the size of the tract?

The tract is of sufficient size to be developed with the planned town home development, and is of a traditional rectangular shape to facilitate development.  There is a riparian buffer in the eastern portion of the property, which would be protected as required.

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

This tract is adjacent to the boundary of the Carpenter Community Plan, but not within the plan area.  The Carpenter Community Plan seeks to keep the densities low in the area of the Carpenter community, and to retain the historic feel of the area.  This proposal, just outside of the Carpenter area, will provide the type of development that will complement the Carpenter area but not intrude into it.  The planned density, while higher than in the adjacent Carpenter area, will provide housing stock to those who wish to live near the historic Carpenter area but not in single family detached homes, by offering high quality town homes near the historic area.

What are the benefits and detriments to the owner, neighbors and the community?  The property owner, the neighbors, and the community as a whole will all benefit from the requested amendments. 

    1. While the property has Land Use and zoning map designations that permit office, commercial, and manufacturing uses, the neighboring properties are developed in a residential manner.  The proposed amendments will enable this property to be developed in a residential manner as well, with housing types and a density that is to be expected in this area.  Changing the Land Use Plan and zoning map designations will permit the development of the property in a manner more consistent with the surrounding area.  
    2. The proposed town home development will generate less traffic than the office/manufacturing/commercial uses permitted on the parcels now, benefiting the surrounding neighborhoods. 
    3. Additional housing units will benefit the commercial uses existing and planned in the area by expanding the customer base. 
    4. Development of the property will require improvements to the road network in the area of the site, or a payment in lieu to the Town of Cary to facilitate the improvements, benefiting all who travel on  Morrisville Parkway and  Koppers Road.  

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

The property currently has a Land Use Plan designation of Office and Institutional, and a zoning map designation of Office, Research, and Development.  These uses would permit a range of office, manufacturing, and commercial uses on the property, uses not typically seen as compatible with the surrounding neighborhood.  A town home section of Carpenter Village and a single family residence are located to the south of the property, to the east is a neighborhood of single family residences within the Town of Morrisville, and to the north and west are existing single family residences and a neighborhood soon to be constructed that will house both town homes and single family residences.  At one time, much of the surrounding area had Land Use Plan and zoning map designations that called for office and research uses, but the area has slowly changed and has been developed in a residential manner.  To amend the Land Use Plan and zoning map to the requested medium density residential categories would permit development that is more compatible with the surrounding neighborhood than the existing designations.  On the whole, the planned town home development is far more compatible with the manner in which the area has developed than the current Land Use Plan and zoning map designations would allow.   

Schools
The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities. 

School Information 

Assigned Schools

20th Day Enrollment 

Permanent Seat
Capacity 

Average
Percent
Occupied 

Projected Range of Additional
Students*   

Green Hope Elementary

  879

  796

110%

14 to 46

West Cary Middle  

  992

  988

100%

  8 to 30  

Green  Hope  High School

2263

2335

  97%

  5 to 24

Total Projected range of additional students

 27 to 100

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2005-2006 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.  

*The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. For example a site with 134 two-bedroom units could yield 27 additional students, while 134 three bedroom units could yield 100 students.  The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment.  At Rezoning, student yield can not be accurately determined due to unknown variables.  

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://www.amlegal.com/library/nc/cary.shtml.

Changes since the Town Council Public Hearing:  There have been no changes.

Feedback at Town Council Public Hearing: 

The applicant concurred with staff’s presentation at the public hearing. The applicant reported that they had met with adjacent property owners to the east of the site and that there was community support of the project. No citizens or Council members spoke at the public hearing.

Staff observation on the rezoning:  

The request is consistent with the Town of Cary’s Comprehensive Land Use Plan. A townhome development is identical to the existing development to the south in the Legacy at Carpenter Village Subdivision.  It also makes a gradual transition to Wexford, the single family residential neighborhood east of the site.  Impact of development on the Wexford neighborhood is minimized by the requirement of a 40’ type “A” opaque buffer.  All streetscapes will be established from the ultimate required right of way lines, and the applicant is aware of street improvement requirements.  A change in zoning to residential use would support the regional “smart growth” initiative to encourage greater amounts of employee housing within a short distance of RTP.

Planning and Zoning Board Recommendation October 16, 2006:  The Planning and Zoning Board unanimously recommended approval 8-0.

Changes since the P&Z Board meeting: There have been no changes.

Town Council Motion Options:

TO ADOPT
Motion #1

The proposed 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 report and P&Z recommendation.

[Vote]

Motion #2
(To amend the zoning map)

To adopt the ordinance amending the zoning map by approving the rezoning request as set forth in the associated document and map as referenced in the Ordinance.

[Vote]

TO DENY
Motion #1

This proposed 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 ________________.

[Vote]

Motion #2
(To Deny Amendment to Zoning Map)

To deny the ordinance amending the zoning map:

[Vote]

Ordinance for Consideration

06-REZ-19 McCrimmon Corners Conditional Use Rezoning  

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 16 ACRES LOCATED ALONG MCCRIMMON PARKWAY OWNED BY MILTON AND GLORIA MAYNARD, BILLY AND MARGARET MAYNARD, AND JIMMY AND GAYLE DAVIS FROM OFFICE RESEARCH AND DEVELOPMENT TO RESIDENTIAL MULTI-FAMILY CONDITIONAL USE.  

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 (Property”):

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel
Number(s)
(10 digit)

Real Estate ID(s)

Area in Acres

Milton and Gloria Maynard

Billy and Margaret Maynard

1509 Old Maynard Road

Morrisville, NC 27560  

0745173844

0293813

13.80

Jimmy and Gayle Davis

6525 Koppers Road

Morrisville, NC 27560  

0745172357

0106113

3.00

Total Acres

16.80

Section 2:  That this Property is rezoned from Office Research and Development to Residential  Multi-family Conditional Use subject to the individualized development set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3:  The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:  the use shall be limited to townhomes, parking and an amenity center and the number of units shall be limited to 134 units.  These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

Section 4:  This ordinance shall be effective on the date of adoption.

(Signed)                                                                      _____________ (date)