Town of Cary , North Carolina

Rezoning Staff Report

09-REZ-04 Cary Community Arts Center

Town Council Meeting

June 25, 2009

 

Request

 

The applicant has requested Town Council consideration of an ordinance to amend the official zoning map of the Town of Cary for approximately 3.72 acres, located at 101 Dry Avenue, 320 and 328 S. Walker Street, and 115 and 121 Walnut Street, by changing the Town Center zoning sub-district designations from Institutional (INS) and High-Density Residential Garden (HDR Garden) to High Intensity Mixed Use (HMXD).  Within the Town Center, rezoning cases are handled in combination with a comprehensive plan amendment.

 

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

 

 

 

Consistency with the Comprehensive Plan

 

A.  Land Use Plan:

The subject properties are located within the Town Center Area and the land use of the properties is governed by the Town Center Area Plan. The current land use designation for the property at 101 Dry Avenue (the old Cary Elementary building) is Institutional. The current land use designation for the remaining four properties is High Density Residential - Garden, which generally refers to densities of 8-25 dwellings per acre, and includes housing types such as attached housing, townhomes, and garden-style multi-family apartments and condominiums. The proposed land use designation is High Intensity Mixed Use for all five properties. The High Intensity Mixed Use category indicates that a mix of commercial, office, and high- or medium-density housing is envisioned, although it is not anticipated or expected that a mix of uses must be provided on each parcel. Full descriptions of the land use categories are provided in Chapter 2 of the Town Center Area Plan. 

 

B.  Comprehensive Transportation Plan:

Roadway

Existing Dry Ave.: approx. 45’ ROW 2-lane road with turn lanes

Future: Dry Ave.: 3 lanes

Walker Street: approx. 40’ ROW existing, future 2 lanes, undivided

Walnut Street: approx. 60’ ROW existing, future 3 lanes

Streetscape Design underway, construction to begin in the summer of 2010

Bicycle: N/A

Pedestrian: Existing sidewalk

Transit:  None

 

C.  Parks & Greenways Master Plan:

The 2003 Parks, Recreation, and Cultural Resources Facilities Master Plan and the 2006 Town Center Civic and Cultural Arts Study both recommend that old Cary Elementary, at 101 Dry Avenue, be used as a cultural arts facility.  The 2003 Parks, Recreation, and Cultural Resources Master Plan recommended the area around the properties on Walnut Street and S. Walker Street be used as a future town center park, and the subsequent 2006 Town Center Civic and Cultural Arts Study further refined those recommendations to indicate that those sites be used to support a future performing arts center and associated parking facilities, incorporated into the area of the town center park.  The property at 101 Dry Avenue (old Cary Elementary building) was purchased by the Town in 2003 and designated as a cultural arts center.  A multi-use trail is proposed along the eastern and northeastern corner of this property, and this trail is addressed with the Parks, Recreation, and Cultural Resources Facilities Master Plan.   

 

D.  Open Space and Historic Resources Plan:

According to the Open Space and Historic Resources Plan, there are no significant natural resources on the sites.  The old Cary Elementary School building, constructed in 1939, is located at 101 Dry Avenue and anchors the Cary National Register Historic District.

 

E.  Affordable Housing Plan:

The Affordable Housing Plan includes the following goals that are relevant to this case:

 

1. 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 used developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.

 

2. 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.

 

F.  Growth Management Plan:

The Growth Management Plan includes the following Guiding Principles relevant to this case:

 

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

 

Staff Comment:  The proposed area is well-served by available and planned infrastructure and services. 

 

Guiding Principle L1: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service area extensions.

 

Staff Comment: These parcels are located within the downtown core of the Town of Cary, which the Town Center Area Plan designates as a future employment center. The area is well served by existing infrastructure and will also benefit from the Downtown Cary Streetscape Project, which will upgrade utilities and install new streetscapes, including sidewalks, street trees, street furniture and pedestrian-scaled lighting.

 

Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development.

 

Staff Comment:  These parcels are located within the downtown core of the Town of Cary, which the Town Center Area Plan designates as a preferred area for future growth, including infill and redevelopment as appropriate. 

 

G.  Traffic Analysis:

The traffic study (09-TAR-304A) was conducted by Martin/Alexiou/Bryson for these parcels to be rezoned to High Intensity Mixed Use (HMXD).  The Old Cary Elementary School is a historic building that is not currently protected from demolition in the future.  Although the impact of the trips projected to be generated by the Cary Community Arts Center (CCAC) were analyzed in a previous TAR, it is theoretically possible that, in the future, these rezoned parcels could be redeveloped into a more trip-intensive land use, such as fast-food restaurants, banks, or convenience stores.  Thus, this study examined the potential impacts of these trip-intensive potential land uses, should they be realized by the build year of the proposed CCAC (2010).

The results of the traffic study determined that the proposed rezoning is projected to have minimal impact on the surrounding roadway network; therefore, no offsite roadway improvements are required of this rezoning. 

Assuming that the driveways proposed as access drives for the Cary Community Arts Center would be used to access these potential trip-intensive land uses, analysis indicates acceptable operations at all driveways.  However, there are some issues with circulation and interconnectivity of these parcels that should be addressed at the time of site plan review.

 

ZONING AND Land Development Ordinance

H.  Land Use Plan and Zoning:

The 2001 Town Center Area Plan (TCAP) designates 101 Dry Avenue as the future site of a “Town Cultural Arts Center,” the project now known as the Cary Community Arts Center.  The TCAP also recommends this parcel for “Institutional” uses. One of the core strategies of the TCAP is to designate the core of downtown, south of the CSX railroad, as “High Intensity Mixed Use”. This area plan designation and its corresponding zoning sub-district allows for a mix of office, commercial, residential and civic uses that are appropriate in a downtown area, including the large theater use planned for the Cary Community Arts Center.  The zoning sub-district also limits buildings to 65 feet in height, making it a less intense Town Center sub-district than Office/Institutional, which allows buildings up to 90 feet in height.  The proposed modification of the land use/zoning classification of 101 Dry Avenue to High Intensity Mixed Use (HMXD) would be consistent with the expected land use of the core of downtown.

 

The TCAP designates the block where the remaining four parcels are located on Walnut and Walker Streets for use as a park. In 2006, the Town Center Civic and Cultural Arts Study further refined those recommendations to indicate that this area should also support a future performing arts center and associated parking facilities, incorporated into the area of the town center park.  In particular, the 2006 study recommended the provision of a structured parking facility in this location, to support a performing arts center, with retail or other compatible uses incorporated into the parking facility and bordering the park. These latter uses are envisioned for the area along Walnut Street, in the vicinity of the four subject parcels. The current land use designation and zoning sub-district for these parcels is High Density Residential Garden. The applicant has requested High Intensity Mixed Use for the subject parcels in order to help achieve the uses envisioned for this area, which have been further refined by the additional studies noted above.

 

HXMD is the only land use category available that allows the realization of both the current plan for the Cary Community Arts Center and for the site’s envisioned use for a parking structure with other compatible uses. The HMXD land use category will be compatible with surrounding land uses, as the block directly across Walnut Street, and bounded by Kildaire Farm Road, Byrum Street and S. Walker Street, is also designated for mixed use.  Further, the parcels directly across S. Walker Street from the site are designated as Cottage Business and Residential, a land use category that allows for residential uses and small scale office and commercial uses in buildings of a residential character. This designation was made with the understanding that as traffic and new activity increase in the area, these parcels may become less desirable for residential use.

I.  Comparison of Existing and Requested Districts:

The current land use designation for the property at 101 Dry Avenue (the old Cary Elementary building) is Institutional. The current land use designation for the remaining four properties is High Density Residential Garden, which generally refers to densities of 8-25 dwellings per acre, and includes housing types such as attached housing, townhomes, and garden-style multi-family apartments and condominiums.  The proposed land use designation is High Intensity Mixed Use for all five properties. The High Intensity Mixed Use category indicates that a mix of commercial, office, and high- or medium-density housing is envisioned, although it is not anticipated or expected that a mix of uses must be provided on each parcel. Full descriptions of the land use categories are provided in Chapter 2 of the Town Center Area Plan.

 

District Regulations	Existing Zoning (TC-INS )	Existing Zoning (TC-HDR Garden )	Requested Zoning (TC-HMXD )
Maximum Gross Density (du/ac)	0	25	50
Maximum Building Height at Setback	60’	45’	65’

 

 

 

 

 

 

 

 

Staff Observations:

 

Based on the information presented in the preceding sections of this report, the proposed rezoning of the subject parcels to the High-Intensity Mixed Use (HMXD) sub-district is consistent with the vision set forth in the Town Center Area Plan (TCAP) and the Parks, Recreation, and Cultural Resources (PRCR) Master Plan.  It would help to create a denser core of HMXD parcels in the Town Center in support of the redevelopment of Cary’s downtown.  In addition, the proposed rezoning is consistent with the uses envisioned for this area in the Town Center Civic and Cultural Arts Study, as described within this report.

 

Criteria for Consideration in Reviewing Rezonings:

 

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

  

Applicant’s Justification Statement Submitted (January 21, 2009):

 

With the renovation of the theater to a capacity of 399 seats, it has been determined that the current zoning for Cary Elementary is required to be changed.  Since within Cary’s Town Center, the Land-Use designation acts as each property’s zoning district and regulates how each property in the Town Center can be used, it is necessary to complete a Comprehensive Plan Amendment. 

 

The Cary Elementary property has a land-use designation of Institutional.  As defined by Cary’s Land Development Ordinance, a “Small Theatre”, less than 300 seats, is allowed in this land-use designation, however, a “Large Theatre”, over 300 seats, is not allowed.  The Cary Community Arts Center is proposed to include a 399-seat theater.   Due to the theatre size, the property’s land designation must be changed through a Comprehensive Plan Amendment. 

In addition, off-site parking will need to be developed to support the new facility.  Staff is proposing to utilize the former Westbrook Property along with the properties at Walnut Street and Walker Street to develop a surface parking lot. These four properties are currently zoned High Density Residential - Garden, which does not allow use as a parking area.  These properties will also require a change in the land designation through a Comprehensive Plan Amendment.

 

Staff proposes that the land designation be changed to High Intensity Mixed Use for all of the impacted properties.  Staff has initiated rezoning applications for both of these properties through the Town process and it is expected to move forward for Council consideration according to the schedule stated in the Background Information table above.

 

Ordinance for Consideration

09-REZ-04 Cary Community Arts Center

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.72 ACRES LOCATED AT 101 DRY AVENUE, 320 S. WALKER STREET, 328 S. WALKER STREET, 115 WALNUT STREET, AND 121 WALNUT STREET OWNED BY THE TOWN OF CARY BY REZONING FROM TOWN CENTER - INSTITUTIONAL AND TOWN CENTER – HIGH DENSITY RESIDENTIAL GARDEN TO TOWN CENTER – HIGH INTENSITY MIXED 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 Town Center – Institutional and Town Center – High-Density Residential Garden (TC-INS and TC-HDR GARDEN) to Town Center – High Intensity Mixed Use (TC-HMXD) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

 

 

Adopted and effective:  June 25, 2009

 

Harold Weinbrecht, Jr. Mayor		Date