Town of Cary , North Carolina

Rezoning Datasheet

07-REZ-30 Davis Drive Planned Development District (PDD)  

 

Request

 

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 13.29 acres located southwest of the Morrisville Parkway and Davis Drive intersection, to change the zoning from Residential-40 (R-40) and Office & Institutional Conditional Use (O&ICU) to Davis Drive PDD to allow single-family detached and attached residential dwelling units.

 

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

 

 

*The date of this meeting will be determined after the P&Z Board recommendation.  If a unanimous recommendation is made, it will go to the first meeting of the month on consent; if not on consent, it will go to the second meeting. Furthermore, if the case has a valid protest petition, it will go to the second meeting of the month as a discussion item, even if there is a unanimous recommendation for approval.

 

The applicant is proposing to remove the existing zoning conditions for the O&ICU zoned property. The applicant is not proposing any conditions outside the proposed PDD document.

Public Commentary is available for this case.

Click here to see read comments from fellow citizens.

 

Proposed Conditions	Existing Conditions (98-REZ-30)	Existing Conditions (99-REZ-05)
Davis Drive PDD Document	Lighting: Only “shoe-box” or other similar “cut-off fixture” style exterior light fixtures shall be installed and used on the Property.   No exterior light pole shall exceed 28 feet in height.    There shall be no exterior, general area flood lighting or wall pack lighting. The purpose of this condition will be to reduce or eliminate light being projected onto adjoining property to the west and southwest.	Lighting:  Only “shoe-box” or other similar “cut-off fixture” style exterior light fixtures shall be installed and used on the Property.  No exterior light pole shall exceed 28 feet in height.  There shall be no exterior, general area flood lighting or wall pack lighting.  The purpose of this condition will be to reduce or eliminate light being projected onto adjoining property to the west and southwest.
	Architecture:  The buildings on the subject property will: (i) be of a residential character, (ii) be no greater than three stories in height, (iii) be constructed of non-painted brick,(iv)  have pitched roofs with asphalt shingles of a neutral color, (v) have decorative accents on building exterior (e.g. brick accents), (vi) have individual windows with no more than 3 windows adjoining in any one grouping of windows, (vii) windows shall have mullions, and (viii) have no loading docks	Architecture:  The buildings on the subject property will: (I) be of a residential character, (ii) be no greater than three stories in height, (iii) be constructed of non-painted brick, (iv) have pitched roofs with asphalt shingles of a neutral color, (v) have decorative accents on building exterior (e.g. brick accents), (vi) have individual windows with no more than 3 windows adjoining in any one grouping of windows, (vii) windows shall have mullions and (viii) have no loading docks .
	Buffers:   A Type A buffer seventy (70') feet in width shall be maintained along the west boundary of the subject Property.  The buffer shall remain undisturbed except for: a)       Installation and subsequent maintenance of sanitary sewer and storm drainage facilities and such other utility installations as may be approved or required by the Town of Cary.  Any such invasions of the buffer shall be designed to minimize the impact of such invasion upon the buffer’s effectiveness as a visual screen (e.g. angled or “z” shaped).   b)   Installation and subsequent         maintenance within the         easternmost twenty (20')         feet of the buffer and within         a twenty (20') foot area         adjacent to and along the         south boundary of the         Property extending in an         eastern direction from the         undisturbed buffer to a point         100 feet from the southwest         corner of the Property of a         berm landscaped with         Leyland Cypress trees or         similar plant material        approved by the Town of        Cary. The trees shall be a        minimum of 10 feet tall at     the time of planting.	Buffers: A Type A buffer seventy (70') feet in width shall be maintained along the west boundary of the subject Property.  The buffer shall remain undisturbed except for: a)       Installation and subsequent maintenance of sanitary sewer, water and storm drainage facilities and such other utility installations as may be approved or required by the Town of Cary.  Any such invasions of the buffer shall be designed to minimize the impact of such invasion upon the buffer’s effectiveness as a visual screen (e.g. angled or “z” shaped). b)       Installation and subsequent maintenance within the easternmost twenty (20') feet of the buffer of a berm landscaped with Leyland Cypress trees or similar plant material approved by the Town of Cary.   The trees shall be a minimum of 10 feet tall at the time of planting.         c)  Construction and              subsequent maintenance of              a public street and              sidewalk, or private drive              and pedestrian path, or              combination thereof,             approved by the Town of            Cary to provide access to            and from the Property from            Morrisville Parkway.  This            intrusion into the buffer shall            be limited to the buffer’s            easternmost twenty (20')            feet.
	Dumpster:  Any dumpster on the property would be screened so that the dumpster is not visible to any adjoining property located west or southwest of the Property.  Dumpster enclosure shall be made of brick to match the buildings (except for the gate) and screened with plants per Town of Cary landscaping requirements.	Dumpster:  Any dumpster on the property would be screened so that the dumpster is not visible to any adjoining property located west or southwest of the property.  Dumpster enclosure shall be made of brick to match the buildings (except for the gate) and screened with plants per Town of Cary landscaping requirements.
	Storm Drain:  A storm drain study shall be performed and submitted to the Town of Cary during  the site plan approval for the subject property to examine the  amount of run-off and the best, feasible way to handle the run-off relative to the subject property and the adjoining property to the west and southwest.  Particular attention shall be paid to directing as much storm drain as reasonably possible to the storm drain systems which will be located in Morrisville Parkway and Davis Drive.	Storm Drain:  A storm drain study shall be performed at the time of site plan approval for the subject property to examine the amount of run-off and the best, feasible way to handled the run-off relative to the subject  property and the adjoining property to west and southwest.  Particular attention shall be paid to directing as much storm drain as reasonably possible to the storm drain systems which will be located in Morrisville Parkway and Davis Drive.
	Square Footage:  The Property shall be limited to no more than 45,000 square feet of gross floor area.	Square Footage:  The Property shall be limited to no more than 12,500 sq. ft. of gross floor area
	Common Site Plan: The property described and subject to 99-REZ-05 and the property described and subject to this Application will be developed pursuant to a common site plan, so that the required improvements to Morrisville Parkway for both tracts will be accommodated.	Common Site Plan:  The property described and subject to 98 REZ 30 and the property described and subject to this Application will be developed pursuant to a common site plan, so that the required improvements to Morrisville Parkway for both tracts will be accommodated.
	Traffic Study:  A traffic study will be performed at the time of site plan approval.	Traffic Study:  A traffic study will be performed at the time of site plan approval.
	Cross-access:  The property described and subject to 99-REZ-05, the property described and subject to this Application and the property lying immediately south of and adjoining the property described in this Application will provide for a cross access easement or travelway so that all parcels can enter and exit directly onto Davis Drive and Morrisville Parkway.	Cross Access:  The Property described and subject to 98 REZ 30, the property described and subject to this Application, and the property lying immediately south of and adjoining the property described in 98 REZ 30 will provide for a cross access easement or driveway so that all parcels can enter and exit directly onto Davis Drive and Morrisville Parkway.
	Use Restrictions:  The uses of the Property shall be restricted to: a)       office uses, and b)       retail stores, personal service establishments and restaurants, provided that all the following conditions are present: i)         the principal use of the building is office; ii)       the total floor area of all such uses is no more than 10 percent of the total floor area of the building; iii)      such uses combined do not have more than one entrance for customers separate from that of the office use; and   iv)  the use does not have a     drive-up window, nor an     outside amphitheater,     stage or other provision     for live or recorded     acoustic or amplified     entertainment outside of     the building.	The uses of the Property shall be restricted to: a)    office uses, and b)    retail stores, personal          service establishments and        restaurants, provided that        all the following conditions        are present: i)         the principal use of the building is office; ii)       the total floor area of all such uses is no more than 10 percent of the total floor area of the building; iii)      such uses combined do not have more than one entrance for customers separate from that of the office use; and              iv)  the use does not have a                   drive-up window, nor an                   outside amphitheater,                   stage or other provision                   for live or recorded                   acoustic or amplified                   entertainment outside of                    the building.
	All buildings on the parcel shall be limited to a maximum of 45,000 square feet of gross floor area.  This property (98-REZ-30) shall be developed with the property subject to 99-REZ-05 pursuant to a common site plan.  The two tracts shall be re-combined into one tract and the square footage restriction set forth herein of 45,000 square feet shall be combined with the square footage restriction in 99-REZ-05 of 12,500 square feet.  The entire square footage of 57,500 square feet may then be planned and allocated on the combined tract as though the combined tract had always been a single tract.	All buildings on the parcel shall be limited to a maximum of 12,500 square feet of gross floor area.  This property (99-REZ-05) shall be developed with the property subject to 98-REZ-30 pursuant to a common site plan.  The two tracts shall be re-combined into one tract and the square footage restriction set forth herein of 12,500 square feet shall be combined with the square footage restriction in 98-REZ-30 of 45,000 square feet.  The entire square footage of 57,500 square feet may then be planned and allocated on the combined tract as though the combined tract had always been a single tract.

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  A Comprehensive Plan Amendment was approved by Town Council on October 11, 2007 to designate the northern parcel for Medium Density Residential (MDR) uses.  The southern parcel is designated for Low Density Residential (LDR) uses.  Therefore, this rezoning request conforms to the adopted Land Use Plan.

 

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

1.       Guiding Principle: Ensure that adequate infrastructure and services are available concurrently

with new development.

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

 

C.      Affordable Housing Plan: 

The Town of Cary has an adopted Affordable Housing Plan; applicable goals from this 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 80% of area median income ($71,600 HUD 2006 data).

3.       Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons.

4.       Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, homeownership training, and marketing of assistance programs.

5.       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.

6.       Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

 

D.  Comprehensive Transportation Plan:  
Davis Drive:

Existing Section:  110’ Right-of-way, 4-lane median divided

Future Section:  4-lane median divided

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk on east side, multi-use path on west side

Bicycle Requirements: 14’ Wide outside lanes

 

Morrisville Parkway:

Existing Section:  N/A

Future Section:  100’ Right-of-way, 4-lane median divided

Road Improvements:  Construction scheduled Fall 2007

Sidewalks Requirements: Sidewalks on both sides

Bicycle Requirements: 14’ Wide outside lanes

 

Transit Requirements:  None

Traffic Analysis:  Based on our most recent analysis with the data shown below, a TIA will not be required for rezoning but will most likely be required at site plan based on the current LDO 20 peak hour trip threshold. 

 

Current Zoning

6 + acres of O&ICU (northern property)

6 + acres of R-40 (southern property)

 

Current Trips (highest peak hour)

Northern property - assume office use at 10,000sf/acre for a total of 60,000 sf.  AM trip generation is 1.55/1000sf = 93 AM trips

Southern property - assume 6 single family houses.  PM peak hour is 1.01/du = 6.06 PM trips

TOTAL trips currently - 99.06 peak hour trips

 

Proposed zoning

6 + acres of TR (townhouse) (northern property)

6 + acres of R-40 (single family homes) (southern property)

 

Proposed trips (highest peak hour)

Northern property - 67 units x .52 trips/du = 34.8 PM trips

Southern property - 7 single family homes x 1.01trips/du = 7.07 PM trips

TOTAL trips proposed 41.9 peak hour trips.

 

The combination of both parcels does not generate additional trips over what is approved there now and therefore no TIA is required at rezoning.  As noted above, a TIA will most likely be needed at the time of site/subdivision plan.

 

E.  Parks & Greenways Master Plan:  Greenways Map

According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there is an existing multi-use trail along the west side of Davis Drive.  A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.  According to the Open Space and Historic Resources Plan (OSHRP) this site was not identified as significant open space.

 

Consistency with the Land Development Ordinance

 

F.  Environmental:  
According to the Town of Cary GIS maps, there is a stream buffer along the western and southern property lines.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

 

G.  Buffers: 
Rezoning case 98-REZ-30 required a 70’ Type A buffer along the west boundary of the property. The applicant is requesting to remove this condition with this rezoning request. There is currently vacant open space along the western boundary, owned by the Preston Village Community Association. If it can be shown that this adjacent property has been recorded as permanent open space, no buffer will be required if the open space is wide enough and contains sufficient vegetation. If the width is not enough or there is insufficient vegetation, the applicant will have to provide additional buffer area and/or vegetation to meet the requirements. Since the applicant is proposing 12,000 sq. ft. minimum lots adjacent to Preston Village, a 20’ Type “B” Buffer along the southern boundary would need to be provided in accordance with Chapter 7 (LDO). The applicant is proposing to provide a 20’ landscape easement along the southern property line using the Type “B” planting standard as a guide. This is in addition to the 15’ Type “B” buffer already provided along the 1^st four properties northwest of the Davis Drive and Caviston Way intersection.

 

H.  Streetscape: 
According to Section 7.2.4 (C) (LDO), the applicant will be required to provide a 50’ Type “A” buffer along Davis Drive. When Morrisville Parkway is constructed, a 50’ Type “A” buffer will be required. The applicant states that this requirement will be met and the 50’ streetscape is shown on the PDD master plan map.

 

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to Staff for review.  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 (O&ICU)	Existing Zoning (R-40)	Requested Zoning (PDD- Tract 1, Attached)	Requested Zoning (PDD- Tract 2, Detached)
Maximum Gross Density (du/ac)	N/A	1.08	7.87 (Max. of 51 dwelling units)	2.95 (Max. of 20 dwelling units)
Minimum Lot Size (sq. ft.)	Property limited to no more than 57,500 square feet. All buildings on the parcel are limited to a maximum of 45,000 square feet of gross floor area.	40,000	---	Adjacent to Preston Village: 12,000 Other: 5,000
Minimum Width at Building Line (ft.)	N/A	125 (135 for corner lot)	---	Adjacent to Preston Village: 75 Other: 50
Side Yard Setback (ft.)	No minimum side setbacks in most non-residential districts	15	Building to building separation will be 16 minimum	Adjacent to Preston Village: 5 Other: 3 min. (There will be no encroachment into the side yard with accessory structures)
Roadway Setback (ft.)	30	From Thoroughfare: 50 From Collector: 30 From other streets: 20	All: Thoroughfares: 50 streetscape Morrisville Pkwy. And Davis Dr.   18 w/ parking in front; 8 without parking (Measurement is from inside edge of sidewalk or from back of curb when no sidewalk is provided.)	All: Thoroughfares: 50 streetscape Morrisville Pkwy. And Davis Dr. Adjacent to Preston Village: 20 Other: 18 w/ parking in front; 8 without parking
Rear Yard Setback (ft.)	No minimum rear setbacks in most non-residential districts	30	10 There shall be no setbacks for decks. Corner setback 10 from back of curb   Building setbacks for attached dwellings will be a minimum of 10 from boundary property line and a minimum of 10 from all buffers.	Adjacent to Preston Village: 10 (along the southern property boundary, total 30 including landscape easement as shown on the PDD map. There is no additional rear setback off the western property boundary Corner: N/A Other: 15 rear/12 corner
Maximum Building Height (ft.)	35 if structure is within 100 of a residential zoning district boundary; 50 if structure is more than 100 from a residential zoning district	35	35	35

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Town Council Criteria for Consideration in Reviewing Rezonings and PDD’s:

 

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

 

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;

7.             The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8.             The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

 

Other Reference Information

 

Schools

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

 

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 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. 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.

 

Applicant’s Justification Statement Submitted (October 25, 2007)

 

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 does not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality or 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 size of the tract is conducive to the use being proposed.

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

The northern parcel is being proposed for medium density residential as per the comprehensive plan.  This portion will have single-family attached units (townhomes).  The southern parcel is being proposed for low-density residential as per the comprehensive plan.  Residential single-family detached units are proposed for this portion of the PDD.

3.  What are the benefits and detriments to the owner, neighbors and the community? These two parcels make up the last two undeveloped tracts of land in this area.  The submittal of a PDD will ensure that both parcels develop in a cohesive, well-planned manner.  The adjoining property owners will have the assurances they need as to the type and quality of development that is planned adjacent to them. 

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? All uses proposed are currently in the immediate vicinity of the proposed PDD.

 

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

·         All building setbacks may be reduced a maximum of 10% by the Town of Cary staff.

·         There is no required setback from streetscapes or landscape easements.

·         There will be sidewalks on one side of all streets except alleys.

·         Single-family detached:  Adjacent to Preston Village minimum lot size 12,000 sf lot and width 75 feet.  All other lots minimum 5,000 sf and 50-foot lot width.  Adjacent to Preston Village 20-foot front yard setback.  All other lots 18’ with parking in front and 8 feet without parking.  Minimum rear yard adjacent to Preston Village 10-foot (along the southern property boundary, total 30 feet including landscape easement as shown on the PDD map.  There is no additional rear setback off the western property boundary), corner is N/A.  All other lots15-foot rear and 12-foot corner.  Adjacent to Preston Village 5-feet side yard.  All other lots 3-foot minimum (there will be no encroachment into the side yard with accessory structures).   

·         Single-family attached:  Minimum front yard setback 18 feet with parking in front and 8 feet without parking. (Measurement is from inside edge of sidewalk or from back of curb when no sidewalk is provided).  For minimum rear yard setback, 10-foot rear yard setback.  There shall be no setbacks for decks.  Corner setback is 10 feet from back of curb.  Building setbacks for attached dwellings will be a minimum 10 feet from boundary property line and a minimum 10 feet from all buffers.  Building-to-building separation will be a minimum 16 feet.

Ordinance for Consideration

07-REZ-30 Davis Drive PDD

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 13.29 ACRES LOCATED SOUTHWEST OF THE DAVIS DRIVE AND MORRISVILLE PARKWAY INTERSECTION OWNED BY DDMP INVESTMENTS LLC AND CHRIST THE KING LUTHERAN CHURCH OF CARY NC, INC FROM OFFICE & INSTITUTIONAL CONDITIONAL USE (O&ICU) AND RESIDENTIAL-40 (R-40) TO DAVIS DRIVE PLANNED DEVELOPMENT DISTRICT.

 

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:

 

 

Section 2:  That this Property is rezoned from Office & Institutional Conditional Use (O&ICU) and Residential-40 (R-40) to Davis Drive PDD subject to the individualized development conditions set forth within the PDD document, 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 set forth within the Davis Drive PDD document.  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.

 

Adopted and effective:  March 13 or 27, 2008*

 

Harold Weinbrecht Mayor		Date

 

 

 

On-Line Public Feedback

In keeping with Town Council policy regarding citizen involvement in the planning & development process, we have created a new opportunity for interested citizens to provide comments on this case. In addition to speaking at community meetings and public hearings, you can also use the associated "Public Comment" page to share your opinions and concerns. Your 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.

While this capability is still in the "test stage," we hope you find this new feature useful!

 

Click here to view comments received so far.