Town of Cary, North Carolina

Rezoning Staff Report to the Planning and Zoning Board

07-REZ-06 Parkside Town Commons

 

Request

 

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to rezone (establish a base zoning) approximately 17.94 acres located at 5128 NC Highway 55 from Industrial II (I-II Wake County) to Industrial (I).  This request would also extend the Alston Mixed Use Overlay District to include this parcel.

 

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified 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

 

Background Information

 

Applicant	Dan Barutio Teer Associates P.O. Box 13508 (100 Park Drive) RTP, NC  27709 (919) 549.9506 barutio@teer-rtp.com
Agent	Jose Martinez Mulkey Engineers and Consultants 6750 Tryon Road Cary, NC  27518 (919) 538-3072 jmartinez@mulkeyinc.com
Acreage	17.94 +/-
General Location Vicinity Map	East side of NC Highway 55, approximately 0.5 miles south of the intersection of Kit Creek Road with NC Highway 55
Hearings / Meetings	Public Hearing May 24, 2007	Planning & Zoning July 16, 2007				Town Council August 23, 2007*
Land Use Designation Land Use Map	None (currently outside of our Planning Jurisdiction)
Town Limits	Corporate Limits  [  ]			ETJ  [  ]	Outside ETJ  [X]
Annexation	Not Required  [  ]		With Site Plan  [  ]		With rezoning  [X]
Valid Protest	Protest petitions are not applicable to a map amendment (rezoning) that initially zones property being added to the Town’s jurisdiction by annexation.
P&Z Recommendation	Recommended for approval 5 to 1
Existing Use Zoning Map	Vacant
Proposed Use Proposed Zoning Map	Mixed Use Center

 

* Future meeting dates are tentative

 

Public Notification:  On May 7, 2007, notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was present in the Cary News on May 9, 2007 and May 16, 2007.

 

Feedback at the Town Council Public Hearing:  No speakers, for or against the proposal, were present at the Town Council Public Hearing.  There was no Council discussion on this item.

 

Changes since the Town Council Public Hearing:  None

 

summary

 

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest. 

 

The rezoning request is to establish a base zoning associated with a Voluntary Annexation Petition (07-A-11) and accompanied Comprehensive Plan Amendment (07-CPA-03) to establish a Land Use designation.  The proposed zoning district of Industrial (I) is comparable to the existing Wake County Industrial zoning district (I-II).

 

It is common practice for the Town of Cary to assign the closest Cary equivalent to property being voluntarily annexed into the Corporate Limits.  The assignment of Cary’s Industrial zoning district is actually somewhat more restrictive in the allowable uses than the existing Wake County district of Industrial-II.

 

Planning and Zoning Board Recommendation

 

As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows:  The Planning and Zoning Board met on July 16, 2007 and voted 5-1 to forward this case to the Town Council with a recommendation of approval because the proposed amendment is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report and.  The dissenting vote was cast based on concern about the base zoning being industrial in the Alston Area.

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  This rezoning request does not conform to the adopted Land Use Plan because there is currently no land use plan designation for this parcel.  A Comprehensive Plan Amendment case, 07-CPA-03, is running concurrently with the rezoning request to establish an initial land use designation.

 

B.  Growth Management Plan:  The Growth Management Plan includes the following three Guiding Principles which are relevant to this case:

1. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis:  The subject parcel is located adjacent to Research Triangle Park, the region’s major employment center.

2. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encouraged desired forms of development.

Analysis:  Council policy at the outset of development of the Northwest Area Plan was to encourage higher densities in northwest Cary, especially within about three miles of Research Triangle Park, in order to help reduce commute distances and the average number of commute miles traveled per household in west Cary, as well as to contribute to improvements in regional air quality.

3. Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.

Analysis:  The Alston Plan was a community-wide effort and vision for this portion of Northwest Cary.  This plan may help continue Cary’s leadership role in quality development.

 

C.  Affordable Housing Plan:  Some applicable goals from the Affordable Housing Plan include:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
3. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.
4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

Affordable housing is defined as dwelling units that cost no more than 30% of the income of families and individuals earning 80% (for buyers) or 60% (for renters) or less of the area median income of $71,600, adjusted for family size (2006 HUD Data).  There may be opportunities to include affordable housing within the Parkside Town Commons development.

 

D. Transportation
Existing Section: NC 55: 150’ ROW, 4-lane median divided

Future Section:  6-lane, median divided

Road Improvements:  NCDOT current widening project

Sidewalks Requirements: Required on both sides

Bicycle Requirements: 14’ Wide Outside Lane required

Transit Requirements:  None

Traffic Analysis:  A traffic study was conducted by Sepi Engineering for this development.  It was determined that the following mitigations would be necessary to meet the APFO.  These improvements are listed as follows:

• At the intersection of NC 55 and McCrimmon Parkway; a 2^nd SB Left-Turn Lane, a  2^nd EB Left Turn lane and a EB Right Turn Lane (would be required if not installed by other developers).
• At the intersection of NC 55 and O’Kelly Chapel Road; a 2^nd NB Left-Turn Lane, a 2^nd SB Left-Turn Lane, and a 2^nd WB Left-Turn Lane.  To meet the volume projections for 2020 which is outside of our APFO, a 3^rd WB Left-Turn Lane would be required.
• At the intersection of NC 55 and Kit Creek Road; a 2^nd NB Left-Turn Lane would be required for 2020 which is outside of our APFO.
• At the intersection of NC 55 and Full Access 1; a NB Right-Turn Lane, a SB Left-Turn Lane would be required and the intersection would require signalization.
• At the intersection of O’Kelly Chapel Road and Full Access 2, a EB Left-Turn lane, a EB Right-Turn Lane, a WB Left-Turn Lane and a WB Right-Turn Lane would be required and the intersection would require signalization.
• At the intersection of NC 55 and RIRO Drives 1 and 2, a NB Right Turn Lane would be required at both intersections.
• At O’Kelly Road and RIRO Drives 3 & 5, both drives would require a EB Right-Turn Lane.
• At O’Kelly Road and RIRO Drives 4 & 6, both drives would require a WB Right-Turn Lane.
• A third NB lane along NC 55 would be required to be built along the frontage of this development which is also a requirement of the Comprehensive Transportation Plan.
• All of these improvement are based on a very critical improvement to be made and that either the construction of an overpass or underpass at O’Kelly Chapel Road and the CSX Railroad Tracks.  If this connection is not made, then another traffic study would be required to reevaluate this development.

 

E.  Parks & Greenways:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Plan a 10’ wide multi-use trail is to be located along the northern side of O’Kelley Chapel Road.  According to the Alston Activity Center Plan three public art locations are required on site (two pedestrian scale and one gateway feature).  A recreation payment-in-lieu will be required for any subdivided, residential units.  According to the Open Space and Historical Resources Plan (OSHRP) and the Northwest Area Plan a 200’ width average buffer is required on both sides of Kit Creek.

 

F.  Environmental:   According to the Town of Cary GIS maps, there is a stream buffer that impacts the frontage along NC Highway 55.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

 

G.  Buffers:  According to Chapter 7.2.3 of the Land Development Ordinance (LDO), the applicant will be required to provide perimeter buffers based on the uses proposed at the time of site plan submittal.  These widths will be flexible due to the parcel being located within a Mixed Use Center.

 

H.  Streetscape:  According to Chapter 7.2.4 of the LDO, the applicant will be required to provide a streetscape along NC Highway 55 and O’Kelly Chapel Road.  Based on the layout proposed with the site plan submittal, this width will be variable due to the location within a Mixed Use Center.

 

Consistency with the Land Development Ordinance

 

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

 

Existing and Requested Zoning District Comparison:

 

District Regulations	Existing Zoning# (I-II)	Requested Zoning (I)
Maximum Gross Density (du/ac)	N/A	N/A
Minimum Lot Size	N/A	N/A
Minimum Width at Building Line	N/A	0’
Side Yard Setback	25’	0’
Building Separation	N/A	N/A
Street Setback	50’	50’ / 30’ *
Rear Yard Setback	25’ / 50’##	0’
Maximum Building Height	N/A	35’ / 50’ **

 

^# Information obtained from Wake County Zoning Ordinance Chapter 1-1-39 - Industrial Districts.

^## Rear yard depth is 25’ unless adjacent to a public right of way in which case the minimum depth increases to 50’.

* Standard non-residential setbacks require 30’ from any roadway with 50’ provided if parking is located between the Building and roadway.  Within a Mixed Use Center with an approved Sketch Plan (Alston Activity Center Plan) streetscapes may be reduced to a minimum of 10’ based on design criteria that are met.

** Building height is 35’ maximum within 100’ of a residential zoning boundary, 50’ outside of 100’ boundary.  Height maximums may be increased based on an increased setback from any roadway.

 

P&Z Board Criteria for Consideration in Reviewing Rezonings

 

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezoning requests:

 

1.             The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.             The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

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;

4.             The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.             The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.             The proposed zoning classification is suitable for the subject property;

 

 

Ordinance for Consideration

07-REZ-06 Parkside Town Commons Rezoning

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 17.94 ACRES LOCATED ALONG NORTH CAROLINA HIGHWAY 55 OWNED BY RESEARCH TRIANGLE FOUNDATION FROM INDUSTRIAL II (WAKE COUNTY) TO INDUSTRIAL AND TO EXTEND THE ALSTON MIXED USE CENTER OVERLAY DISTRICT TO INCLUDE THIS PARCEL.

 

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(s)	County Parcel Number(s) (10 digit)	Real Estate ID(s)	Area (acres)
Research Triangle Foundation of NC P.O. Box 12255 RTP, NC  27709	0736147496 (portion)	0177195 (portion)	17.94
Total Acres			17.94

 

Section 2:  That this Property is rezoned from Industrial II (Wake County) to Industrial within the Alston Mixed Use Overlay District subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3:  This ordinance shall be effective on the date of adoption.

Adopted and effective:  August 23, 2007

 

Ernest F. McAlister Mayor		Date