Town of Cary , North Carolina

Rezoning Staff Report to the Town Council

08-REZ-03 Highcroft Village Planned Development District (PDD) and Fryar PDD Amendments

 

Request

 

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 49.38 acres, located north of Green Hope School Road, east of Fryars Frontier Trail and west of NC 55 Highway, by amending the previously approved Highcroft Village and Fryar PDDs.   The proposal is to remove approximately 4.28 acres from the Fryar PDD and add it to the Highcroft Village PDD.  The result is a reduction in the number of dwelling units in Tract R-2 of the Fryar PDD, and a density increase in Tract 4 and a decrease in Tract 5 of the Highcroft Village PDD. The density in the R-2 Tract of the Fryar PDD will remain as previously approved.

 

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 applicant has proposed to remove approximately 4.28 acres from the Fryar PDD  and add it to the Highcroft Village PDD.  This request increases the density in Tract 4 and reduces the density in Tract 5 of the Highcroft Village PDD.  There would be a reduction of dwelling units in Tract R-2 of the Fryar PDD from 268 dwelling units to 251 dwelling units so that the density of that tract will remain as previously approved. The applicant is not proposing any conditions outside the proposed Highcroft Village and Fryar PDD.

 

Public Notification:     
On February 26, 2008, 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 February 27 and March 5, 2008.

 

Feedback at the Town Council Public Hearing: The applicant, Mrs. Glenda Toppe of Jerry Turner and Associates, stated the request is to remove 4.2 acres from the Fryar PDD and include it in the Highcroft Village PDD, and this swap is proposed to utilize an existing stream buffer as a physical boundary between the two approved PDDs. She stated the parcel in question is best suited for development within Highcroft Village, and it is cut-off from the majority of the R-2 tract in the Fryar PDD due to an existing stream buffer, which makes it difficult to access the property. The applicant stated by locating this parcel in the Highcroft PDD, the property can be integrated into Tract 4 of that PDD, and the existing stream buffer can serve as the buffer between the two PDDs and that there is no impact to the stream. Mrs. Toppe stated Tract R-2 is the only part of the Fryar PDD impacted by this request, and there is no unit change in the Fryar PDD. She stated Tracts 4 and 5 are impacted in the Highcroft PDD with density increased in one tract and lowered in the other for no net increase in the overall number of units. They are requesting a reduction to the required 50 foot streetscape along Morrisville Parkway. She stated there is a 30 foot streetscape on the Fryar PDD, and they request that the streetscape adjacent to the Fryar PDD be 30 feet as well. The applicant stated they are willing to add additional plant material over and above code requirements. Mrs. Toppe pointed out that no homes will front onto Morrisville Parkway, and access will be off Morrisville Parkway. She stated they notified property owners within 400 feet, and they did not hear any opposition to this request at the meetings they conducted.

 

No one spoke at the public hearing.

 

A Council member stated the particular area in the Fryar PDD with a 30 foot streetscape was due to the fairly low density and that there is a higher density in the area where they propose to reduce the streetscape to 30 feet. The Council member stated that a higher density calls for a larger streetscape. Council also wanted to make sure that both neighborhoods have access to the greenway trail. Clarification as to the net effect on the open space calculations between the two projects was requested before the issues comes back to Council.

Changes Since the Town Council Public Hearing: The applicant has increased the proposed streetscape along Morrisville Parkway in the Highcroft Village PDD from 30 feet to 50 feet. The applicant has also agreed to add a note to the PDD document stating that there will be uniform street tree plantings adjacent to the residential collector running through Tracts 3 and 4 in Highcroft Village. Also, the initial PDD submittal proposed BMPs to be located within open space. The applicant has revised the PDD text to state that BMPs are permitted in open space if they become a feature that will enhance the development as an amenity.

 

The Highcroft Village PDD master plan in the PDD amendment application only proposed a total of 32.34 acres of open space. Since the public hearing, the applicant has increased the total acreage of open space provided to 33.87 acres through removing the request to reduce the streetscape buffer and increasing the amount of open space provided.

 

Highcroft Village PDD Total Open Space Acreage Calculations*
	Current PDD	PDD Amendment Application	April Revised PDD Amendment	Net Gain/Loss From Current PDD
Streetscape	3.04 ±	2.72 ±	3.49 ±	+0.45 ±
Stream Buffer	21.25 ±	21.06 ±	21.06 ±	-0.19 ±
Open Space	2.97 ±	3.65 ±	4.44 ±	+1.47 ±
Buffers	5.08 ±	4.91 ±	4.88 ±	-0.20 ±
Total	32.34 ±	32.34 ±	33.87±	+1.53 ±

 

* Also, there are 2.73 acres of Urban Transition Buffers not included in the overall total open space acreage. This 2.73 acres of UTB is located within the Highcroft Village PDD, but was recently used as land for off-site mitigation in associate with the Parkside Variance approval.

 

The open space in the Fryar PDD amendment has also been increased since the public hearing from 22.86 acres to 23.86 acres.

 

Fryar PDD Total Open Space Acreage Calculations*
	Current PDD	PDD Amendment Application	April Revised PDD Amendment	Net Gain/Loss From Current PDD
Pond & Stream Buffer	21.41 ±	18.88 ±	19.88 ±	-1.53 ±
Streetscape & Landscape Strips	3.98 ±	3.98 ±	3.98 ±	0
Total	25.39 ±	22.86 ±	23.86 ±	-1.53 ±

 

Since the public hearing, there are now no net gains or losses in open space totals between the original Fryar and Highcroft Village PDD approvals and what is currently being proposed by the applicants.

 

Feedback at the Planning and Zoning Board

The Board confirmed with the applicant that the total amount of open space was not being reduced.

 

Changes Since the Planning and Zoning Board Meeting

The Fryar PDD Document has been amended to show a reduction in the number of dwelling units proposed in Tract R-2 from 268 to 251, so that the density of this tract is consistent with the previously approved limit of 4.1 dwelling units per acre.  The use table in the Highcroft Village PDD was modified to require a Special Use Permit for Large Day Care Homes and Religious Assembly which is consistent with current LDO standards. The Highcroft Village PDD document has been amended to reflect that Tracts 4 and 5 will comply with current LDO standards for Urban Transition Buffers.

 

Planning and Zoning Board Recommendation

The Planning and Zoning Board recommended the PDD Amendment unanimously for approval, with the understanding that the amended documents be revised prior to Town Council action to reflect current Urban Transition Buffer regulations for the portions of the PDDs that are proposed to be modified.

 

summary

As described below in the Consistency with the Comprehensive Plan and Consistency with the Land Development Ordinance sections, Staff has reviewed the application and information provided prior to this meeting, and the analysis by Staff is that the application is generally consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance, and is reasonable and in the public interest. 

 

Consistency with the Comprehensive Plan

 

A.  Land Use Plan:  This rezoning request conforms to the adopted Land Use Plan.  This rezoning request involves the swap of land between the Fryar PDD and the Highcroft Village PDD to utilize an existing stream buffer as the physical boundary between the two planned developments.  The designated land use on the portion of land being swapped is mostly Medium Density Residential (MDR) with some High Density Residential (HDR), and the proposed use of the parcels matches the existing land use.  Thus, the proposal is in conformance with the Land Use Plan.     

 

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

1.   L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.  The transfer of land between the Fryar PDD and the Highcroft Village PDD allows better utilization of this land with less impact to an intervening stream buffer.

 

C.  Affordable Housing Plan:

The Affordable Housing Plan includes the following Guiding Principles which are relevant to this case:

1.   Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

2.   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.

3.   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:  

Morrisville Pkwy.

Existing Section:  Not built

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

Road Improvements:  Design completed by the Town

Sidewalks Requirements: Required on both sides of the road

Bicycle Requirements: 14’ wide outside lane required

Transit Requirements:  None

 

E.  Parks & Greenways Master Plan:   Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues associated with the proposed relocation of the approximately 4.28 acres from the Fryar PDD to the Highcroft Village PDD.  All PRCR conditions previously approved for each of these PDDs shall remain in place.  According to the Open Space and Historic Resources Plan (OSHRP) these 4.28 ± acres were originally proposed for conservation as part of a larger parcel due to the riparian buffers on site.

 

Consistency with the Land Development Ordinance

 

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.

 

F.  Environmental:  
According to the Town of Cary GIS maps, there is a stream buffer impacting the subject properties included in the Fryar PDD and Highcroft Village PDD Amendments. The previously approved PDD documents permitted certain allowable encroachments into the riparian buffers, which was consistent with the LDO at the time of approval. However, the LDO regulations have been amended by Council, which requires no encroachments into the Urban Transition Buffers, unless it is a permitted encroachment allowed by the Ordinance. Since the Land Development Ordinance does not permit modifications to the urban transition buffers, the applicant was required to amend the text for the portions of the Highcroft Village PDD document, which were modified by this request, to show that Tracts 4 & 5 of this PDD would now be in compliance with the LDO.

 

G.  Buffers: 
The approximate 4.28 acres, proposed to be removed from the Fryar PDD and added to the Highcroft Village PDD, utilizes an existing stream buffer as the physical boundary between the two planned developments. In Highcroft Village Tract 4, a 30-foot buffer is proposed to the east and a stream buffer provides separation with Tract 3 to the south and with Tract 5 to the north. Highcroft Village Tract 5 is divided by Morrisville Parkway. The southern portion of Tract 5 proposes a 30-foot buffer to the north and has a stream buffer to the east and south, providing separation to the adjacent Tracts or parcels. The northern portion of Tract 5 proposed a 30-foot buffer to the east and is surrounded by stream buffers to the north and west. These proposed buffers are similar to buffers approved for the original Fryar and Highcroft Village PDDs.

 

H.  Streetscape: 
According to Chapter 7 (LDO), a 50’ Streetscape would be required along the future portion of Morrisville Parkway, which is designated as a thoroughfare. The Fryar PDD was originally approved with a 30-foot streetscape along this future extension of Morrisville Parkway. All other streetscapes will be in accordance with the LDO requirements.

 

I.  Traffic Analysis: 

Originally, for the Highcroft Village Property residential portion, a traffic study (05-TAR-182) was conducted by HNTB which analyzed 350 single-family homes and 80,000 SF of office. This development generated 391 AM and 477 PM Peak hour trips.  At a later time, the office portion of the development was dropped and the single-family home units were increased to 427 units. For the Highcroft Village PDD amendment, the only two tracts affected are Tracts 4 and 5. Both Tract 4 and Tract 5 are approved for mixed-residential. Tract 4 currently is approved for 97 units. The amendment proposes 116 units.  Tract 5 is currently approved for 80 units. The amendment proposes 61 units. So, in theory, 19 units are being shifted from Tract 5 to Tract 4 which would not yield an increase in traffic. The built out year for this traffic study is 2009.

 

The Fryar PUD traffic study (06-TAR-202) was completed by HNTB and analyzed 332 single-family homes and 30,000 SF of retail. This proposal simply decreases the acreage of 268 of the single-family homes of the 332 single-family homes by 4 acres. The built out year for this traffic study is 2010.

 

Therefore, neither of the Highcroft Village PDD or Fryar PDD traffic studies will need to be updated at this time to reflect these changes.

 

Existing PDD and Requested PDD Amendment Comparison:

The applicant is requesting to amend the previously approved Highcroft Village and Fryar PDDs by removing approximately 4.28 acres from the Fryar PDD and including it in the Highcroft Village PDD.

 

The R-2 Tract in the Fryar PDD was previously approved for 268 dwelling units with a maximum overall density of 4.1 dwelling units per acre.  The applicant is proposing to reduce the maximum number of units from 268 to 251 so that the overall density will remain as previously approved.

 

The approved open space consisted of a pond, stream buffer, streetscapes and landscape strips. With the proposed removal of the 4.28 acres, which includes a portion of a stream buffer, the total open space provided will be reduced to 23.86 acres with the amendment.

 

The request proposes changes to the densities and unit counts in the Highcroft Village PDD as indicated in the chart below.  There is no proposed overall increase in unit count. In the Highcroft Village PDD Amendment request, the applicant is proposing to permit BMPs in open space if they become a feature that will enhance the development as an amenity.

 

A total of 32.34 acres of open space were approved in the Highcroft Village PDD. The Highcroft Village PDD Amendment proposes 33.87 acres of open space as well. Although the acreage of streetscapes, perimeter buffers and stream buffers decreases slightly with the amendment, the non-regulatory open space acreage increases from 2.97 acres in the approved Highcroft Village PDD to 4.44 acres in the proposed amendment. Also, there are 2.73 acres of Urban Transition Buffers not included in the overall total open space acreage. This 2.73 acres of UTB is located within the Highcroft Village PDD, but was recently used as land for off-site mitigation in associate with the Parkside Variance approval.

 

 

Fryar PDD Proposed Amendment
	Approved PDD	Proposed at Public Hearing	Current Proposal	Net Gain/Loss
Tract R-2 Maximum Dwelling Units	268	268	251	-17 dwelling units
Tract R-2 Area (Acres)	65.4±	61.12±	61.12	-4.28
Tract R-2 Density	4.1 du/ac	4.4 du/ac	4.1 du/ac	No change
Overall PDD Open Space	25.39±	22.86±	23.86±	-1.53

 

 

Highcroft Village PDD Amendment
	Approved PDD	Proposed at Public Hearing	Current Proposal	Net Gain/Loss
Tract 4 Maximum Dwelling Units	97	116	116	+19
Tract 4 Area (Acres)	22.42	23.63	23.63	-1.21
Tract 4 Density	4.33 du/ac	4.91 du/ac	4.91	+0.58
Tract 5 Dwelling Units	80	61	61	-19
Tract 5 Area (Acres)	3.86 ±	5.30±	5.30±	+1.44
Tract 5 Density	20.72	11.51	12.68	-8.04
Overall PDD Open Space	32.34	33.87	33.87	+1.53

 

 

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 the Town Council shall 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 proposed PDD amendments for Fryar and Highcroft Village do not increase the total number of previously approved dwelling units. The projected number of children potentially attending Wake County Public Schools does not increase with the proposed amendments. The school information is being provided for your reference only and includes the projected number of children potentially attending the schools for both the Highcroft Village (Tracts 4 and 5) and Fryar (R-2) PDDs; 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.

 

*** The first numerical range listed is if the maximum number of units permitted in Highcroft Village Tracts 4 and 5 and Fryar Tract R-2 developed solely as single-family. The second numerical range provided is if the maximum number of units permitted in Highcroft Village Tracts 4 and 5 and Fryar Tract R-2 developed completely as Townhouses, etc. 

 

Applicant’s Justification Statement Submitted (January 24, 2008) Part 6A:

 

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?

 

Response from Highcroft Village PDD Amendment Application: The size of the tract is conducive to the use being proposed.

 

Response from Fryar PDD Amendment Application: 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)?

 

Response from Highcroft Village PDD Amendment Application: The proposed PDD amendments are compatible with the comprehensive plan.  Tract 4 in Highcroft Village where the additional acreage is being added is also designated for MDR and will remain MDR.  Tract 5 in Highcroft Village is HDR and with proposed change will remain HDR. 

 

Response from Fryar PDD Amendment Application: The proposed PDD amendment is compatible with the comprehensive plan.  The Fryar PDD identified the R-2 parcel for medium density residential.  With the removal of the acreage the parcel will still be MDR.

 

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

 

Response from Highcroft Village PDD Amendment Application: Given the location of the parcel within the Fryar PDD, the parcel is best suited to be located within the Highcroft Village PDD.  The parcel is cut off from the majority of the R-2 Tract in the Fryar PDD because of the existing stream buffer thereby making it difficult to access the property.  BY locating the parcel in the Highcroft Village PDD, the property can be integrated into Tract 4 of Highcroft Village and the existing stream buffer can act as the buffer between the Fryar PDD and Highcroft Village PDD.  We do not see any detriments to the owners, neighbors or community since the uses are not changing.  The center of the stream becomes the boundary between the two PDDs.  Additional units are being added to tract 4 in Highcroft Village however units are being taken away from Tract 5 in Highcroft Village, thus causing no net increase in units for Highcroft Village.

 

Response from Fryar PDD Amendment Application: Given the locations of the parcel within the Fryar PDD, the parcel is best suited to be located within the Highcroft Village PDD.  The parcel is cut off from the majority of the R-2 Tract in the Fryar PDD because of the existing stream buffer thereby making it difficult to access the property.  By locating the parcel in the Highcroft Village PDD, the property can be integrated into the Tract 4 of Highcroft Village and the existing stream buffer can act as the buffer between the Fryar PDD and Highcroft Village PDD.  We do not see any detriments to the owners, neighbors or community since the uses are not changing.  The center of the stream becomes the boundary between the two PDDs.

 

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?

 

Response from Highcroft Village PDD Amendment Application: All uses are compatible with the proposed zoning and can be found currently on neighboring parcels.

 

Response from Fryar PDD Amendment Application: All uses are compatible with the proposed zoning and can be found currently on neighboring parcels.

 

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.

 

Response from Highcroft Village PDD Amendment Application: 30-foot streetscape Morrisville Parkway.  This is consistent with the Fryar PDD.  No homes will front onto Morrisville Parkway.  The 30-foot streetscape will give adequate protection to any development that might occur adjacent to Morrisville Parkway.  The streetscape will be planted the same as a 50-foot streetscape.

 

Response from Fryar PDD Amendment Application: None listed.

Ordinance for Consideration

08-REZ-03 Highcroft Village Planned Development District (PDD) and Fryar PDD Amendments

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 49.38 ACRES LOCATED NORTH OF GREEN HOPE SCHOOL ROAD, EAST OF FRYARS FRONTIER TRAIL AND WEST OF NC 55 HIGHWAY OWNED BY D. ROSCOE FRYAR AND HIGHCROFT INVESTORS LLC BY AMENDING THE PREVIOUSLY APPROVED HIGHCROFT VILLAGE AND FRYAR PDDS (PLANNED DEVELOPMENT DISTRICTS) BY: REMOVING APPROXIMATELY 4.28 ACRES FROM THE FRYAR PDD AND INCLUDING IT IN THE HIGHCROFT VILLAGE PDD; INCREASING DENSITY IN TRACT 4 AND DECREASING DENSITY IN TRACT 5 OF THE HIGHCROFT VILLAGE PDD, REDUCING THE NUMBER OF DWELLING UNITS IN TRACT R-2 OF THE FRYAR PDD AND REVISING THE NUMBER OF DWELLING UNITS IN TRACT 4 AND 5 OF THE HIGHCROFT VILLAGE PDD, AND BY APPLYING CARY’S LDO STANDARDS FOR URBAN TRANSITON BUFFERS TO TRACTS 4 AND 5 OF THE HIGHCROFT VILLAGE PDD.

 

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 Highcroft Village and Fryar PDDs to Highcroft Village and Fryar PDD Amendments subject to the individualized development conditions set forth within the Highcroft Village and Fryar PDD Amendments, which includes removing approximately 4.28 acres from the Fryar PDD and adding it to the Highcroft Village PDD; increasing density in Tract 4 and decreasing density in Tract 5 of the Highcroft Village PDD, reducing the number of dwelling units in Tract R-2 of the Fryar PDD, revising the number of dwelling units in Tract 4 and 5 of the Highcroft Village PDD, applying Cary’s LDO standards for Urban Transition Buffers to Tracts 4 and 5 of the Highcroft Village PDD, 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 Highcroft Village and Fryar PDD Amendments. 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:  August 14, 2008

 

Harold Weinbrecht, Jr. Mayor		Date