Town of Cary , North Carolina
Rezoning Datasheet
08-REZ-06 Piney Plains Offices

Request  

The applicant is requesting the Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 16.78 acres, located northwest of the intersection of Piney Plains Road and Stephens Road, from Residential 40 (R-40) to Office and Institutional Conditional Use (OI-CU).

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:vic.townofcary.org.

Background Information  

Applicant	Gray Styers Blanchard, Miller, Lewis & Styers , PA 1117 Hillsborough Street Raleigh , NC 27603 gstyers@bmlslaw.com
Agent	Karen Kererait Blanchard, Miller, Lewis & Styers , PA 1117 Hillsborough Street Raleigh , NC 27603 919 755-3993 kkemerait@bmlslaw.com
Acreage	16.78±
General Location Vicinity Map	Northwest of the intersection of Piney Plains Road and Stephens Road
Hearings / Meetings	Public Hearing July  24, 2008	Planning & Zoning September 15, 2008	Town Council October 9 or 23, 2008 *
Land Use Designation Land Use Map	Medium to High-Density Residential (MDR to HDR) or Office/Institutional (OFC/INS)
Town Limits	The Subject Property is located within the corporate limits of the Town of Cary ; Annexation is not required
Valid Protest	To be determined by the time of the public hearing
P&Z Recommendation	To be provided after the Planning and Zoning Board Meeting
Existing Use Zoning Map	Vacant
Proposed Use Proposed Zoning Map	Office
Staff Contact	Debra Grannan, Senior Planner Email: debra.grannan@townofcary.org Phone: (919) 460-4980 Mailing Address: P.O. Box 8005 , Cary , NC 27512

 *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 has submitted the following proposed zoning conditions:

1.  A 200-foot buffer, with disturbances only as permitted per the Land Development Ordinance, shall be maintained
    along the 470’ western property line adjacent to the Wellington Park Subdivision.  (The collinear property line
    separating these lots from subject Parcel No. 0773300117 is hereinafter referred to as the “Wellington Park
    Subdivision boundary line”).

2.  A ten-foot (10’) wide landscaped area, planted to Type A Buffer standards, shall be installed, along the edge of the
     buffer within any area cleared of trees that is located less than 300 feet from the Wellington Park Subdivision
     boundary line.

3.  No buildings shall be constructed within 250 feet from the Wellington Park Subdivision boundary line.

4.  The maximum height of any structures on Parcel No. 0773300117 shall be 40 feet plus one (1) additional foot for
     every two (2) feet of additional building setback over 250 feet from the Wellington Park Subdivision boundary line,
     not to exceed a maximum building height of 70 feet.

5.   The impervious area shall not exceed fifty-six percent (56%).  

6.   There shall be no net increase in peak stormwater runoff leaving the Site from pre-development conditions for the ten-year design storm.  

7.   The minimum building setback from the ultimate right of way, based on the current approved Comprehensive Transportation Plan along Stephens Road, shall be 100 feet.

 8.   Along Stephens Road, in addition to the fifteen-foot (15') wide, Type A streetscape, an additional fifteen-foot (15') wide landscaped area will be
      planted, with plant types and spacing consistent with a Type C buffer, along Stephens Road.

 9.   A fifty-foot (50’) wide Type A Buffer, with disturbances only as permitted per the Land Development Ordinance,
      shall be provided along the entire length of the property line separating the subject property from PIN No.
      077206392503.  An additional ten-foot (10’) wide evergreen landscaped area will be planted, with plant types and
      spacing consistent with a Type A buffer, for a linear distance of two hundred (200) feet running north from the
      Stephens Road right-of-way along this buffer.

Consistency with the Comprehensive Plan

 A. Land Use Plan: 
The subject parcels are located within the adopted Southeast Area Plan, which calls for land uses of Medium- to High-Density Residential (MDR to HDR) or Office/Institutional (OFC/INS). This rezoning request is for OFC/INS, thus it conforms to the adopted plan.

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

 1.    R1 Guiding Principle:  Ensure that adequate infrastructure and services are available concurrently with new
       development.

2.    L1 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:  Based upon the proposed use, the Affordable Housing Plan is not applicable.

D.  Comprehensive Transportation Plan:  
Piney Plains
Existing Section:  5-lanes, approximately 90’ ROW
Future Section:  4-lane median divided, 100’ ROW
Road Improvements:  None scheduled
Sidewalks Requirements: required on both sides (existing)
Bicycle Requirements: 14’ wide outside lanes
Transit Requirements:  None

Stephens Road
Existing Section:  2-lanes, approximately 60’ ROW
Future Section:  N/A
Road Improvements:  None scheduled
Sidewalks Requirements:  Required on at least one side
Bicycle Requirements:  N/A
Transit Requirements:  None

E. Parks & Greenways Master Plan:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, a greenway is proposed across the site, between the Wellington subdivision and a proposed multi-use trail along Piney Plains Road .  A 30’ wide greenway easement will be required from the applicant at site plan approval.  According to the Open Space and Historic Resources Plan (OSHRP), the northern parcel was proposed for open space conservation due to the mixed upland hardwoods on site.

There are no identified historic structures on this site.

Consistency with the Land Development Ordinance

F.  Environmental:  
According to the Town of Cary GIS maps, the site is impacted by stream buffers. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan review process.

G.  Buffers: 
According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 40’ wide Type A (opaque) Buffer adjacent to the existing single family residential uses to the east of the subject property.   A 20 Type B buffer is required between the subject property and the O&I zoned  property to the east of the site. 

H.  Streetscape: 
According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 15’ Type A (opaque) Streetscape along Stephens Road .  A 30’ streetscape is required along Piney Planes Road.

I.  Traffic Analysis: 

A traffic study (08-TAR-270) was performed by Martin/Alexiou Bryson.  The traffic study analyzed a total of 450,000 sf of office use with a build out year of 2014.  Using land use code 710 for general office, the proposed development is projected to generate 4,284 trips on a typical weekday with 625 occurring in the AM peak hour and 583 occurring in the PM peak hour.  The following mitigations are required to meet our Adequate Public Facilities for Roads Ordinance and are in addition to Comprehensive Transportation Plan requirements:  

1.       Piney Plains Road and site access #1:

a.   Construct the planned site access #1 to provide one inbound lane and one right-turn lane only outbound lane with necessary channelization on this approach and concrete median on Piney Plains Road to ensure right-in/right-out operation.

b.   Construct a left-turn lane into the site on northbound Piney Plains Road that provides 200’ feet of storage and appropriate taper.  The median on Piney Plains Road should be constructed to prevent left-turns out of the site.

c.   Widen the southbound Piney Plains Road approach to provide an exclusive right-turn lane with at least 150’ of storage and appropriate taper.

2.       Stephens Road and site access #2:

a.    Construct the planned site access #2 to provide one inbound lane and one outbound lane.

b.    Provide an exclusive right-turn lane with at least 100’ of storage and appropriate taper on the westbound approach and one through lane.

c.   Restripe the eastbound approach to be a shared through/left-turn lane.

3.       Stephens Road and Piney Plains Road:

a.   Widen the eastbound Stephens Road approach to provide an exclusive left-turn lane with at least 250’ of storage and appropriate taper, a continuous left-turn lane and an exclusive right-turn lane with at least 100’ of storage and appropriate taper.

b.   Widen the southbound Piney Plains Road approach to provide an exclusive right-turn lane with at least 100’ of storage and appropriate taper.

c.    Install a three-phase signal that provides coordination with the Tryon Road and Meeting Street signals.

4.       Piney Plains and Dillard Drive:

a.   Restripe the southbound Piney Plains Road approach to provide an exclusive right-turn lane and a shared through/left-turn lane with at least 150’ of storage and appropriate taper.

The report is currently in draft form and therefore the Town of Cary reserves the right to amend these mitigations after continued review of the traffic study.

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been submitted to the Town of Cary 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 (R-40 )	Requested Zoning (O&I CU)
Maximum Gross Density (du/ac)	1.08	Not Specified *
Minimum Lot Size	40,000	N/A
Minimum Width at Building Line	With septic tank/well:  150’ (160’ corner lot) With public sewer: 125’ (135’ for corner lot)	N/A
Side Yard Setback	20’	N/A
Front Setback	From thoroughfare: 50’ From collector: 30’ From other streets: 20’	From Public Street : 30’ From Private Streets: 15’
Rear Yard Setback	30’	N/A
Maximum Building Height	35’ **	35’/50’ ***

 

 

 

 

 

 

 

 

 

 

* In the OI district, residential uses may be permitted in non-residential buildings, provided:

(1) A site plan is approved
(2) At least 50% of the building footprint is reserved for office use
(3) Up to 50% of the building footprint may be utilized for residential uses
(4) No more than 20% of the building footprint may be utilized for retail or personal services uses;
(5) The development shall include sufficient open space and recreational facilities to meet the needs of its residents; and
(6) All residential and non-residential uses must be integrated into the same structure. And stand-alone residential structures are prohibited.

**Height may be increased one foot for every foot provided in addition to the minimum setbacks.

***If a structure is within 100 feet of a residential zoning district boundary the maximum height is 35’.  If the structure is more than 100 feet from a residential zoning district boundary the maximum height is 50’.  The maximum height limits may be increased by one foot for every foot provided in addition to the minimum setbacks.

Town Council Criteria for Consideration in Reviewing Rezonings:  

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Town 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;

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.

** Within O&I Zoning, the potential exists for residential use in a non-residential building.  The area allowed for residential is determined based on the size of the building and may not exceed 50% of the size of the building footprint.  In the event residential use is proposed on the subject property, the number of projected students would also depend on number of bedrooms and dwelling size.  Calculations are based on multipliers provided from Wake County Schools Office of Student Assignment.  Based on the information available at the time of this rezoning request, potential student yield can not be accurately determined due to unknown variables.

 Applicant’s Justification Statement Submitted May 29, 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 do 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 (approximately 30.3 acres) is appropriate and conducive to the office use being proposed.  The tract is of ample size to accommodate the requested office development, preserve sensitive natural resources, and achieve the Town of Cary ’s goals as specified in the comprehensive plan and the Southeast Area Plan.  Moreover, this size of property, especially if rezoned to be consistent with the adjacent parcel to the north, provides the opportunity for a master-planned, integrated development, which is far preferable to smaller-piece-meal, uncoordinated projects

 2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
The proposed rezoning from R-40 to O&I CU is compatible with the intent and purpose of the comprehensive plan, the land use plan and the Southeast Area Plan.  Specifically, the request for office is in accordance with the long-range vision and recommendations for future land uses in the Southeast Area Plan as it provides that office is an appropriate use for both parcels.  The transportation upgrades in the area – both for cars and pedestrians – are designed to accommodate such an office use at this location.  The extensive buffers and lower impervious surface percentages established by the conditions ensure the preservation of open space on the parcels.

 3. What are the benefits and detriments to the owner, neighbors and the community?
The proposed rezoning will provide many benefits to the owners of the property, the neighbors and the community.  An office development under the proposed rezoning is consistent with the Town’s comprehensive plan, is needed in the Town for economic development and employment location objectives, and is a desirable component to the live / work / shop balance of uses in the Crossroads / Southeast Area.  The addition of Class A offices in the area provides residents with close proximity to employment centers, thereby reducing the length of automobile trips and even enabling some neighbors the possibility of walking or biking to work.  Those working in the offices will be able to walk or bike to the retail centers and restaurants in the Crossroads area.  The proposed office use will not have an adverse impact on the neighbors, the schools or the traffic conditions in the area.  There will be no problems with noise from a Class A office development, as demonstrated by numerous other office parks next to residential areas throughout the Triangle.  Moreover, In the evenings and on weekends, offices are typically unused. Additionally, the proposed development will be an attractive Class A office park, and significant buffers and landscaping will separate the office buildings from the residences.  The setbacks, buffering and height conditions will ensure that the office buildings will not be visible from the homes of almost all of the neighbors.  This use will not result in additional children for the schools, and, as noted above, the transportation network in the area is already in place for this use.  

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?
The site is located in the Crossroads Plaza area and is adjacent to a major mixed use activity center.  The property is located adjacent to the Crossroad Ford service facility to the north, residential properties (the Wellington subdivision) to the south, and US Highway 1 to the west.  Good land use planning principles typically advocate and support the development of this type of office use in this type of location, as a desirable transition between lower density residential and more intensive retail uses and major highways.  The proposed office development will be compatible with the uses on the nearby properties: existing intensive commercial uses and the highway are already in close proximity to the property, and significant setbacks, buffers, landscaping, and height conditions protect the lower density residential areas.  The proposed office development will therefore be an appropriate transitional use between the heavy commercial uses (car storage facility and big box retailers) to the north, the adjacent highway to the west, and the residential development to the south.  The interests of the residential property owners will be adequately protected by the provisions of the LDO and the conditions of the rezoning.