Town of Cary , North Carolina

Rezoning Staff Report to the Town Council  

08-REZ-12   Village at the Park Planned Development District Amendment

Debra Grannan, Staff Contact

 

Request

 

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 36.57  acres, located at 2855 Alston Avenue and south of Kit Creek Road west of NC 55 Highway, by amending the previously approved Village at the Park Planned Development District (PDD) to transfer responsibility of the requirement for constructing roadway improvements on a portion of Kit Creek Road from the owner of PDD Tract 4 to the owner of  the Phase Four portion of  PDD Tract 2.

 

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

 

 

SUMMARY OF REQUEST & PDD HISTORY

 

The applicant, Wake County Public School System, is requesting to amend the previously approved Village at the Park PDD, to transfer responsibility for construction of certain roadway improvements as shown in the approved PDD document and part of the original PDD approval.  More specifically, the applicant is requesting that responsibility for improvements on portion of Kit Creek Road be changed from the owner of PDD Tract 4 (Phases 5 & 6) owned by Wake County, to the owners of a portion of PDD Tract 2 (Phase 4) owned by Harold G. Bagwell, Alston 55 LLC and Cabernet 1 Realty, LLC.  Said phases are as identified in the approved PDD document.

 

The Village at the Park PDD was first approved in 2002, case 02-REZ-06.  This rezoning established the overall PDD, which included a mix of retail, office and multi-family residential uses.  The original approval set the following maximum thresholds for the PDD within a total of four tracts (divided into multiple phases):  448 multi-family residential units; 151 townhomes/patio homes; mixed use - 161,090 s.f. retail, 360,268 s.f. office, and 90 multifamily residential units; and a 150-room hotel.

 

In 2006, the parcels comprising the Village at the Park PDD were part of an approved rezoning request (06-REZ-12) to establish the Village at the Park Activity Center Overlay District (now Mixed Use Overlay District), which included several properties (approximately 268 acres total) within the vicinity of the Alston Avenue and Kit Creek Road intersection. Also in 2006, an activity center concept plan (ACCP), case 06-AC-03, was approved for properties outside of the PDD boundary but within the overall MUOD.  This ACCP did not change any of the previously approved uses for the PDD.

 

In 2007, Tract 1 of the original PDD was the subject of requests for a proposed rezoning/PDD amendment (06-REZ-26) and associated mixed use sketch plan (06-MU-03), to replace the previously approved office and retail uses on Tract 1 with multi-family dwelling units.  The requests were approved resulting in a total allowance of 300 dwelling units and a reduction of office and retail use on Tract 1.

 

In early 2008, Tract 4 of the original PDD, approved for 151 townhomes/patio homes, was amended through approval of a mixed use sketch plan (07-MU-10) to replace the residential use with an elementary school.  The MUSP approval did not modify any other approved uses and/or requirements of the previous approvals associated with the Village at the Park PDD.

 

Notification

On August 26, 2008 notice of the public hearing was mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was published in the Cary News on August 27, 2008 and September 3, 2008.  Notification of a second public hearing, to be held at the Planning and Zoning Board Meeting, was published in the Cary News on October 8, 2008 and October 15, 2008.

 

Feedback at Public Hearing

Jennifer Ahlert spoke on behalf of Wake County Public Schools and emphasized the effort by the school system to improve Green Level to Durham Road along the school property frontage and for installing signals on Kit Creek Road. Mr. Lawrence Gould, the attorney representing Cabernet 1 Realty and Alston LLC, spoke in support of the proposed amendment.  The Town Council complemented the developer for their efforts to collaborate effectively with the school system.

 

Changes Since the Public Hearing

The staff report has been updated to include all the Wake County PIN Numbers in Phase Four of the Village at the Park PDD, and indicates that only the Phase Four portion of Tract Two is assuming responsibility for the road improvements on Kit Creek Road.  The total acreage subject to this amendment was changed from 33.71 to 36.57.

 

Feedback at the Planning and Zoning Board

One board member asked if the traffic study took school traffic impacts on Kit Creek Road into consideration.  Cary’s Engineering staff confirmed that the study had done so.

Changes since the Planning and Zoning Board Public Hearing

None

 

Staff Observation

 

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 consistent with the Goals and Objectives of the Comprehensive Plan and the Land Development Ordinance.

 

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan: 

The governing element of the Land Use Plan for this site is the Northwest Area Plan.  The future land uses recommended by that plan for the Village at the Park PDD reflects the approved uses for the PDD, including medium- and high-density residential and mixed use.  School sites are also considered as acceptable uses within the medium- or high-density residential land use designations.  The entire PDD is also part of a larger mixed-use Neighborhood Activity Center, as designated by the Northwest Area Plan.  Since the pattern of land uses currently allowed by the Village at the Park PDD is consistent with the recommendations of the Northwest Area Plan, the proposed amendment is also consistent, since it does not propose any changes in uses, intensities, or densities. 

 

B.  Growth Management Plan: 
Since this rezoning case does not propose any changes to the pattern, amount, type, intensity, or density of land uses allowed by the Village at the Park PDD, an analysis of conformance with the Growth Management Plan is not necessary for this case.

 

C.  Affordable Housing Plan: 
Since this rezoning case does not propose any changes to the pattern, amount, type, intensity, or density of land uses or housing allowed by the Village at the Park PDD, an analysis of conformance with the Affordable Housing Plan is not necessary for this case.

 

D.  Comprehensive Transportation Plan:  

Alston Avenue: 
Existing Roadway Section:  2-lane, 60’ Right-of-way (ROW)

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

Schedule:  None scheduled by the Town

Sidewalk Requirements:  required on both sides

Bicycle Requirements:  14’ wide outside lanes required

Transit Requirements:  None required

 

NC 55:   
Existing Roadway Section:  4-lane median-divided, 100’ Right-of-way (ROW)

Future Roadway Section:  6-lane median divided, 124’ ROW

Schedule:  Proposed 2009 CIB project, ST-1176

Sidewalk Requirements:  Required on both sides

Bicycle Requirements:  14’ wide outside lanes required

Transit Requirements:  None required

 

Kit Creek Road: 

Existing Roadway Section:  2-lane, 100’ Right-of-way (ROW)

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

Schedule:  None scheduled by the Town

Sidewalk Requirements:  Required on both sides

Bicycle Requirements:  14’ wide outside lanes required

Transit Requirements:  None required

 

E. Parks & Greenways Master Plan:  Greenway Map
Since this rezoning case does not propose any changes to the pattern, amount, or type of open space or parks and recreation facilities within the Village at the Park PDD, an analysis of conformance with this plan is not necessary for this case.

 

F.  Open Space and Historic Resources Plan: 
Since this rezoning case does not propose any changes to the pattern, amount, or type of open space or historic resources within the Village at the Park PDD, an analysis of conformance with this plan is not necessary for this case.  No historic resources have been identified within the PDD.

 

 

Consistency with the Land Development Ordinance

 

G.  Traffic Analysis:

 

The traffic study 07-TAR-258 for Alston Ridge Elementary School did not specifically analyze a scenario with only a two-lane section on Kit Creek Road.  The traffic study assumed that the four-lane section would be built on Kit Creek Road from NC 55 to Alston Avenue as part of the Village at the Park PUD improvements.  While the applicant did not request a new study to analyze this specific request, our consultant, HNTB, briefly analyzed this scenario and indicated that in the short-term, the section of Kit Creek Road between Alston and NC 55 could function as a two-lane section with school traffic added to the mix as long as Alston/Kit Creek is signalized.  The applicant is proceeding with this signalization as a part of the Alston Ridge Elementary School site plan.  The Town will monitor and coordinate the signal timings at NC 55/Kit Creek to try to accommodate an increase in side street traffic for the eastbound Kit Creek approach. 

 

Ultimately, the widening of Kit Creek from NC 55 to Alston needs to occur when the remaining parcel is built out in the Village at the Park PUD.  Additionally, the Village at the Park PUD traffic study (02-TAR-125a) is expired so when the last parcel in the PUD is developed, a new traffic study will have to be completed prior to the submission of the site plan for review.

 

H.  Environmental, Buffers and Streetscapes

No modifications to stream buffers, perimeter buffers or streetscapes as approved in the existing Village at the Park PDD are proposed with this amendment request.

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to staff.  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.

 

 

Town Council Criteria for Consideration in Reviewing Rezonings:

 

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

 

Applicant’s Justification Statement Submitted July 31, 2008 (Part 6A):

 

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application 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:

 

The current Village at the Park PDD document requires that the Phase 6 property must construct the remaining 2 lanes and median to the ultimate road section for the portion of Kit Creek Road that lies between NC 55 and Alston Avenue.  When the initial PDD document was conceived and approved, the Phase 6 parcel was to be 75 town home units with an expected Occupancy Rate of 188 persons.  The Wake County Public School System (WCPSS) has since purchased the land that encompasses Phase 5 and 6 of the Village at the Park PDD which was later transferred to Wake County.  This property has been recombined and through a Mixed Use Sketch Plan, the change in use from town homes to an elementary school was approved by the Cary Town Council on March 13, 2008.  The numerous surrounding developments such as Parkside Town Commons, Stonewater PDD and the Village at the Park PDD that are planned for this area are increasing the demand for a new Elementary School in the part of Wake County to serve the residents of these new communities.  This new elementary school is planned to help meet this demand in this growing region of Wake County.

 

WCPSS, as agent for Wake county, is requesting that the Village at the Park PDD be amended to remove the requirement that the Phase 5 property owner construct the remaining 2 lanes and median of Kit Creek Road between Alston Avenue and NC 55 and place the requirement on the Parcel designated as Phase 4.  The TIA for the elementary school did not identify the widening of Kit Creek Road between Alston Avenue and NC 55 as a requirement to meet the anticipated traffic demand caused by the elementary school

 

WCPSS is required to pay approximately $600,000 to widen Alston Avenue in front of the school site to the Town of Cary standard for this roadway, and construct a left turn lane into the proposed car loop on the site, as called for in the Traffic Impact Analysis (TIA) and the PDD.  In addition, WCPSS plans to extend Kit Creek Road across Alston Avenue and along the northern property line and install a traffic signal at this intersection, as recommended by the NC Department of Transportation and the Town of Cary Comprehensive Transportation Plan.  The cost for this road extension and traffic signal is estimated to be approximately $890,000.  Based on the CIP 2006 voter approved bond, WCPSS has a limited budget for this school.  We ask that you consider the surrounding developments and the infrastructure improvements they are required to make, as well as the burden that the road improvements that WCPSS has already committed to place on the publicly funded E-30 project.

 

The owner of Parcel 4 is Harold G. Bagwell, Alston 55 LLC and Cabernet 1 Realty, LLC.  These owners have agreed to the proposed amendment to the PDD for the Village of the Park PDD document.  These owners have signed the attached PDD amendment application as an indication of their agreement with this change.

 

Ordinance for Consideration

08-REZ-12   Village at the Park Planned Development District Amendment

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 36.57 ACRES, LOCATED AT 2855 Alston Avenue OWNED BY Wake County, and south of Kit Creek Road west of NC 55 Highway OWNED BY Harold G. Bagwell, Alston 55 LLC, AND Cabernet 1 Realty, LLC, BY AMENDING THE VILLAGE AT THE PARK PLANNED DEVELOPMENT DISTRICT AS DESCRIBED HEREIN: 

 

 

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 the Planned Development District is amended with respect to this Property as follows:  the responsibility for certain roadway improvements on a portion of Kit Creek Road, as shown in the approved PDD document, is transferred from PDD Tract 4 (Phases 5 & 6) to the Phase Four portion of   PDD Tract 2.  All development within the PDD shall be subject to the previously approved development conditions found in the Village at the Park PDD, except as amended herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

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

Adopted and effective:  November 20, 2008

 

 

Harold Weinbrecht, Jr. Mayor		Date