Town of Cary , North Carolina

Rezoning Datasheet

08-REZ-07 Greystone Planned Development District (PDD) Amendment

 

Request

 

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 13.5 acres, located within Tract A of the existing Greystone PDD.  The portion of Tract A that is subject to this proposed amendment is located east of Green Level to Durham Road at the end of Mills Park Drive.  The applicant is seeking to create a new 13.5 acre sub-district, Tract H, out of the existing 43.47 acre Tract A.   (Proposed PDD Document)  This new tract would allow up to 80,000 square feet of commercial or office use and up to 120 residential dwelling units.  No reductions to previously approved buffers or open space are proposed by this amendment.

 

There is a request for a Comprehensive Plan Amendment (08-CPA-04) associated with this case.  

 

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.

 

Background Information

 

 

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan: 
This rezoning request does not conform to the adopted Land Use Plan.  The current land use plan designation is Medium Density Residential (MDR).  A Comprehensive Plan Amendment, case 08-CPA-04, requesting the land use be changed to Mixed Use (MXD) is also scheduled for Town Council Public Hearing on July 24, 2008.

 

B.  Growth Management Plan: 
The Growth Management Plan includes the following three 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.

3.       L2 Guiding Principle:  Ensure that future growth protects sensitive natural resources and protects open space.

 

C.  Affordable Housing Plan: 

The Affordable Housing Plan includes the following five goals that 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.       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.       Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, homeownership training, and marketing assistance.

5.       Assure a quality of 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 (CTP):

Morrisville Parkway

Existing Section:  N/A

Future Section:  4-lane median divided, 100’ ROW

Road Improvements:  Design complete spring 2009 (see webpage for project details)

Sidewalks Requirements: required on both sides

Bicycle Requirements: 14’ wide outside lanes required

Transit Requirements:  None

 

Mills Park Dr.

Existing Section:  approximately 70’ ROW

Future Section:  proposed Collector Avenue on the Draft CTP Update

Road Improvements:  TBD with CTP update

Sidewalks Requirements: TBD with CTP update

Bicycle Requirements: TBD with CTP update

Transit Requirements:  None

 

E.  Parks & Greenways Master Plan:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, and the previously approved Greystone PDD, the applicant has agreed to construct a 10-foot wide asphalt trail along the western side of the property.  Issues to be discussed with this rezoning include pedestrian connections to adjacent developments as well as to the adjacent elementary school.  A recreation payment-in-lieu will be required for residential development in accordance with the LDO.  According to the Open Space and Historic Resources Plan (OSHRP), this area was originally identified as an existing agricultural site and was proposed for open space conservation; however, the site was approved for development with the original Greystone PDD approval.

 

 

Consistency with the Land Development Ordinance

 

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

 

G.  Buffers: 
The previously approved Greystone PDD provides half of a 20-foot Type “B” buffer along the northern and eastern property lines of the subject property.  This was deemed appropriate at that time based on the use of the subject property being limited to residential.  Currently, no change is proposed to this buffer with the requested amendment.  Since the applicant is proposing the addition of office, retail and multi-family residential uses to the property, the width and type of buffer will be re-evaluated as part of staff’s review of the application.

 

H.  Streetscape: 

The previously approved Greystone PDD provides a 50-foot streetscape along the future Morrisville Parkway, and no change is proposed with this request.  In addition, the proposed amendment also provides a 30-foot streetscape along the future extension of Mills Park Drive. 

 

I.  Traffic Analysis: 

A traffic study was conducted for this area under the name of Gabel Farms PUD (TAR-175) with a build out year of 2012, which analyzed 602 single-family homes and 148 townhomes.  The applicant indicated that Greystone Tract A in the original PDD document is approved for 277 units on 43.47 acres.  Tract A is proposed to be subdivided into a new Tract H comprised of 13.57 acres with a broad scope and a variety of proposed uses and sizes.  The applicant needs to update the Engineering Department as to a more specific proposal in order to ensure that the new proposed uses do not generate additional trips above the trips that were analyzed in the original traffic study.  If the proposal does not generate new trips, the current traffic study will remain valid and no new study will be required.

 

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 LDO 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 PDD Tract A	Proposed Zoning Remaining PDD Tract A	Proposed Zoning PDD Tract H
Tract Area	43.47	29.90	13.57
Maximum Non-residential Square Footage	N/A	N/A	80,000 *
Maximum Dwelling Units	277	63	120
Maximum Gross Density (du/ac)	3.01-6.37	2.11	Not Specified *
Minimum Lot Size (Detached Dwellings) in SW Area Plan	10,000 sq. ft.	10,000 sq. ft.	10,000 sq. ft.
Minimum Lot Size (Detached Dwellings) in NW Area Plan	4,500 sq. ft	4,500 sq. ft	4,500 sq. ft
Minimum Lot Width	Detached Dwellings: 40’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 16’	Detached Dwellings: 40’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 16’	Detached Dwellings: 40’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 16’
Side Yard Setback	Detached Dwellings: 10’ aggregate w/ a 3’ minimum Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 16’ between building groups, 0’ interior side	Detached Dwellings: 10’ aggregate w/ a 3’ minimum Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 16’ between building groups, 0’ interior side	Detached Dwellings: 10’ aggregate w/ a 3’ minimum Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 16’ between building groups.  0’ interior side Multi-Family: 16’ between building groups, 0’ interior side Non-residential: N/A
Roadway Setback	Detached Dwellings: 18’, 18’ corner Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: N/A	Detached Dwellings: 18’, 18’ corner Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: N/A Multi-Family: 20’ aggregate	Detached Dwellings: 18’, 18’ corner Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: N/A
Rear Yard Setback	Detached Dwellings: 20’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 20’ aggregate	Detached Dwellings: 20’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 20’ aggregate	Detached Dwellings: 20’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 20’ aggregate Multi-Family: 20’ aggregate Non-residential: N/A
Maximum Building Height**	Detached Dwellings: 40’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 40’	Detached Dwellings: 40’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 40’	Detached Dwellings: 40’ Attached, Semi-Attached, Patio Dwellings, Duplexes, Townhomes: 40’ Multi-Family: 35 Non-residential: 35’/50’***

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* While a maximum amount of non-residential square footage and maximum number of dwelling units is specified, the applicant has not provided minimum amounts or indicated a proposed mix of uses; therefore, density can not be determined at this time.

 

** 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 feet.  If the structure is more than 100 feet from a residential zoning district boundary, the maximum height is 50 feet.  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 and PDDS:

 

Section 3.4.1(E) of the LDO 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 proposed amendment reduces the number of residential dwelling units currently allowed for the PDD and will therefore not generate an increase in school enrollment.

 

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 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?  None.

2.  How is the request compatible with the comprehensive plan (i.e., Land Use, Transportation, Open Space, and Historic Resources)?  The Town of Cary Comprehensive Plan calls for Medium-Density Residential Use for the tract, for this reason the applicant is respectfully requesting a Comprehensive Plan Amendment.  The request does not conflict with the Transportation Plan, Open Space, or Historic Resources. 

3.  What are the benefits and detriments to the owner, neighbors and the community?  The additional use of multi-family as well as a commercial component will give an alternative housing option to the community, bring much needed neighborhood services to a predominant residential area and will provide a gradual transition from I-540 to single-family use.  The tract is confined by proposed I-540 interchange, future Morrisville Parkway, and is bisected by newly constructed Mills Park collector (required by the Town of Cary but was not on the Transportation Plan).  We feel the additional multi-family and non-residential uses are appropriate for this tract due to the constraining nature of the road network.

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?  The only additional uses we are requesting are multi-family and commercial on Tract A only, multi-family will provide an adequate transition between the existing single-family and the proposed non-residential.  Likewise, the non-residential uses will provide a buffer between the proposed I-540 and the proposed and existing multi-family and single-family residential.

 

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.  We are not requesting modifications/amendments to the development standards of the LDO; we would simply like to add multi-family and commercial uses to Tract A.

 

 

 

Ordinance for Consideration

08-REZ-07 Greystone PDD Amendment  

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 13.5 ACRES LOCATED EAST OF GREEN LEVEL TO DURHAM RD OWNED BY MI HOMES, LLC BY REZONING FROM PDD TO PDD AMENDMENT TO ALLOW MULTI-FAMILY RESIDENTAIL, OFFICE AND RETAIL 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:

 

 

Section 2:  That this Property is rezoned from Greystone PDD to Greystone PDD Amendment subject to the individualized development conditions set forth within the Greystone PDD Amendment, 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 Greystone PDD Amendment.  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:  December 11, 2008

 

Harold Weinbrecht, Jr. Mayor		Date