Town of Cary, North Carolina

Staff Report to the Town Council

09-REZ-09 MacGregor Center Planned Development District Amendment

Town Council Meeting

October 8, 2009

REQUEST

To Amend the Town of Cary Official Zoning Map

Location

MacGregor Pines Drive; east of Lake Pine Drive

Deeded Acreage

12.97 ±

Town Limits

The subject property is located inside the Town of Cary corporate limits.

Existing Zoning District

Planned Development District (PDD)

Proposed Zoning District

PDD Amendment

Valid Protest Petition

None

Planning and Zoning Board Recommendation

Recommended unanimously for approval.

NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml.

SUBJECT PARCELS

Property Owner(s)

County Parcel Number(s) (10-digit)

Real Estate ID(s)

Deeded Acreage

MacGregor Centre, LLC

0752369298

0316159

1.39

c/o Dr. B.N. Patel

0752369040

0316160

1.82

308 Versailles Drive

0752356785

0316161

2.90

Cary, NC 27511-6011

0752462198

0014667

4.42

MacGregor Square Partners, LLC

0752367108

0327176

2.44

523 Keisler Drive

Cary, NC 27518-7099

Total Area

12.97 ±

MEETING SCHEDULE

Town Council Public Hearing

Planning & Zoning Board

Town Council Action

August 27, 2009

September 21, 2009

October 8, 2009

contact Information

Applicant

Dr. B. N. Patel

Agent for Applicant

Derwood Stephenson

MacGregor Center, LLC

Stephenson General Contractors

308 Versailles Drive

Post Office Box 1187

Cary, NC 27511-6011

Smithfield, NC 27577

Phone: (919) 233-3435

Phone: (919) 934-6651

E-mail: DrbPatel@Hotmail.com

E-mail: Durwood@sgcdesignbuild.com

Staff Contact

Debra Grannan, Senior Planner

Phone 919 460-4980

E-mail: debra.grannan@townofcary.org

PROJECT SUMMARY

The applicant is requesting an amendment to the existing MacGregor Center PDD to increase the maximum amount of office use for PDD Lot 2B by up to 1,590 square feet. The request would also remove the individual use allocation amounts for vacant PDD lots 3, 4 and 6, and allow the property owner to distribute the overall maximum square footage among all three properties.

The request also proposes removing the previous requirement to install an entry monument at the entrance to the subdivision, and provides a revised master plan that reflects the current lot configurations.

SITE DATA

Existing Land Use

Office and Commercial

Land Use Plan Designation

Office and Commercial

Streams

Cary’s GIS maps depict a stream buffer on the subject property. Field verification will be required at the time of site plan review.

Floodplain

None indicated on Cary GIS maps

Wetlands

None indicated on Cary GIS maps

Topography

The topography on Lot 2A drops approximately 20 feet from the street to the edge of the steam buffer at the rear of the property.

Surrounding Land Uses and Zoning

North

Residential Multi-Family (Apex HD and MF)

South

Commercial and vacant (Apex L1 and RA)

East

Vacant (Town of Cary O&I) and Single-Family Residential (R-20)

West

Commercial (Apex PC)

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE

Density and Dimensional Standards

No reductions to standards specified in the LDO are proposed.

Landscape Buffer

No changes are proposed to the previously-approved 150-foot undisturbed buffer on the northeast corner of the subject property that separates the PDD from the MacGregor West residential subdivision.

Thoroughfare Buffer

No change is proposed to the 100-foot Thoroughfare Buffer located between the subject property and US 64 Highway.

Streetscape

A 30-foot streetscape provided in the previously-approved PDD remains in place.

The original PDD specified this area as a Type D Buffer. Since that term is no longer used to designate a streetscape, the revised PDD Master Plan removes this label in order to be consistent with current ordinance terminology.

Open Space

The original PDD did not specify an overall amount of required open space in acres, however, specific areas were designated on the Master Plan as undisturbed buffers, streetscapes and Thoroughfare buffers. This area totals approximately six acres. This exceeds the LDO requirement for five acres of open space to be provided for developments between 10 to 49 acres in overall area. The applicant does not propose any reductions to these areas. Staff will require the applicant to ensure that the final PDD master plan specifies the exact amount of open space area.

Traffic

A traffic study was completed for the PDD. Individual site plans will be reviewed to determine if additional studies are necessary during the site plan process based on LDO requirements.

Comparison of Existing and Proposed Zoning

Existing PDD Requirements and conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

Proposed PDD Requirements

Buildings shall be architecturally compatible in terms of building materials, roof materials and colors, building and trim colors, window size and scale and relationship of the buildings to the street front. Architectural guidelines will be established at first site plan submittal

No Change Proposed

East-West Public street will have sidewalks on both sides of the street

No Change Proposed

Street trees will be planted at 60’ O.C along both sides of the east-West Public street

No Change Proposed

There will be one full service driveway servicing Lake Pine Drive along the north side of the site

No Change Proposed

Architectural features will be provided at the entrance to the public street and the full service drive off of Lake Pine Drive

Removed

Grading may occur in the 100’ Thoroughfare Corridor buffer along Highway 64 to a depth not to exceed twenty feet. Any land disturbance within the buffer will be replanted to Cary’s Type B standard. The 15’ Buffer on the east side of the property shall be undisturbed unless a retaining wall would need to be built near or on the buffer line. In that case, disturbance will not exceed five feet in depth and would be replanted to Cary’s Type B Buffer Standard

Removed

Restaurant use on Lot 2B shall be limited to 20% of the building area or a maximum of 1,768 square feet.

Overall square footage allocations for lots 3, 4 and 6 shall adhere to the limits set by the PDD Master Plan; however, individual lot allocations may be determined by the property owner.

A minimum 30-foot-wide Greenway Easement, located along the northeast portion of the PDD, will be dedicated to the Town of Cary. The exact location of the Greenway Easement will be determined, and easement will be dedicated, at site plan submittal for development located on Tract 6 or as necessary to facilitate construction of the greenway trail by the Town of Cary, whichever shall occur first.

SUMMARY OF PROCESS AND ACTIONS TO DATE

Notification

On August 11, 2009, the Planning Department staff mailed notification of a public hearing on the request to property owners within 400 feet of the subject property. Notification consistent with General Statutes was published in the Cary News on August 12 and 19, 2009. The property was posted on August 12, 2009.

Neighborhood Meeting May 11, 2009

In accordance with LDO requirements, the applicant notified property owners within 400 feet of the subject property of a neighborhood meeting. Based on documents submitted with the application, two neighbors attended a neighborhood meeting held on May, 11, 2009. One neighbor opposed any increase to building size, the others expressed support for the request. In addition to the meeting, two additional property owners asked for information on the request.

Town Council Meeting

August 27, 2009

Staff presented the request and reported there had been no protest petitions or comments submitted on Neighborhood America. The applicant noted that the steep topography of the site required a more vertical design than was originally planned and that the 1,590 square-foot increase requested would enable the owner to incorporate a positive aesthetic design. Council asked if the removal of the condition to require an entry monument was eliminating a desirable part of the PDD. Staff explained that this would allow individual lot owners to install ground signs in accordance with LDO standards. No one spoke in favor of or opposed to the request.

Changes Since the public hearing

The applicant has removed the existing PDD condition that would have permitted grading in the 100-foot Thoroughfare Corridor buffer, and would have allowed for retaining walls to encroach into the 15-foot landscape buffer on the east side of the subject property.

The applicant has also provided a condition that will specify the location and size of the previously approved greenway easement on the northwest corner of the subject property.

Planning and Zoning Board Meeting

September 21, 2009

Staff presented the proposal and explained that a second public hearing was required since changes to the original request were introduced following the Town Council public hearing. The changes pertained to removal of a zoning condition regarding encroachments in buffers, and adding a condition that provided specific requirements for a Town of Cary greenway easement. During the public hearing, the applicant provided a justification for the requested building area increase. No one else spoke.

The Planning and Zoning board asked if recent modifications were intended to bring the PDD more in-line with LDO requirements. Staff confirmed this intent. One board member asked for an explanation of the removal of the entry monument requirement. Staff explained that no common open space had been reserved for an architectural feature and that the variety of uses at the site made the individual monuments more appropriate. A board member asked if an illustrative elevation provided by the applicant was being introduced as a zoning condition. Staff explained that the Town’s Design Guidelines and the PDD requirement for architectural compatibility would ensure high quality design standards.

The Planning and Zoning Board unanimously recommended the request for approval.

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;

Applicable Comprehensive or Area Plan Requirements

Plan element

STAFF COMMENTS

Town-Wide

Land Use Plan

The Town-wide Land Use Plan recommends that the parcels in this PDD be used for a combination of commercial and office/institutional uses. This rezoning request does not alter the types or overall intensity of land uses in this PDD, therefore, this request is in conformance with the Land Use Plan.

Growth Management Plan

The Growth Management Plan includes the following two 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. Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.

Affordable Housing Plan

The Affordable Housing Plan is not applicable to this case.

Comprehensive Transportation Plan

Lake Pine Drive is designated as a Major Thoroughfare.

Existing Section

Approximately 90’ ROW; 3 lanes with turn lane

Future Section

4-lane, undivided

Sidewalks

required on both sides

Bicycle lanes

14’ wide outside lane required

Transit

Not applicable

Status of Planned Improvements

No active improvements

MacGregor Pines Drive is designated as a local road.

Existing Section

2-lane local road on 50’ ROW

Future Section

Local street

Sidewalks

Existing on both sides

Bicycle lanes

Not applicable

Transit

Not applicable

Status of Planned Improvements

Not applicable

Parks & Greenways Master Plan

According to the Parks, Recreation & Cultural Resources Facilities Master Plan a public greenway trail is proposed along the northeastern portion of the PDD. The current PDD document indicates a greenway easement is to be dedicated in the vicinity of the northeastern corner of the PDD, with exact location to “be adjusted to correspond with the existing park trail”. Staff believes this is referencing the Apex Lake trail. New language has been added to specify a 30-foot width of the greenway easement and when it will be granted.

Open Space and Historic Resources Plan

According to the Open Space and Historic Resources Plan, this site was not designated as priority open space. There are some mixed upland hardwoods remaining on site; there are no known historic resources on this property.

APPLICANT’S JUSTIFICATION STATEMENT

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, the quality, or the 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: The overall PDD can adequately support uses and existing layout. Lot 2B is a triangular-shaped parcel containing approximately 1.39 acres with irregular topography and minimal land for building footprint. The size, shape and topography necessitates the development of a two-story structure. The site is currently approved for a maximum of 7,300 square feet.

The request is to expand total building size to 8,840 square feet and will not inflict any negative impacts on adjoining properties. Applicant also requests removing per lot square-foot allocations for remaining vacant lots (3, 4 and 6) which allows more design flexibility with no adverse impacts on PDD or adjoining properties.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?

Response: This PDD Amendment request to increase building size by 1,590 square feet remains compatible with the comprehensive plan. There are no adverse impacts or disruptions of existing land uses, transportation, historic resources or reductions of open space.

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

Response: This PDD Amendment as requested has minimal impact on neighborhood or community, and does not adversely affect Town policies, objectives or standards and represents a very minimal change for the original plan recommendations as approved. The change will allow more efficient use of asset and allows more design flexibility.

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: Under current zoning, approved uses are retail, restaurant and office. Available office space within the PDD is minimal. Under the requested amendment changes, additional office space will be available and owner proposed to limit use not to exceed 20% of the total building are on lot 2B.

The applicant requests the Town of Cary approve the following:

A. Current zoning condition requiring an entry monument sign shall be revised allowing individual lot owners to have their own ground signs. This seems more appropriate for the type of development that has been occurring at this PDD

B. MacGregor Centre, LLC c/o Dr. B.N. Patel is the current owner of record of undeveloped lots 3, 4, and 6. These remaining three vacant lots will be limited to 36,940 square feet of office or 30, 340 square feet of office and 6,600 square feet of restaurant/retail.

C. The per lot allocations shall be removed with total space allocations for each lot at the discretion of owner of his designee for lots 3, 4, and 6.

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: None

ORDINANCE FOR CONSIDERATION

09-REZ-09 MacGregor Centre PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 13 ACRES LOCATED AT MACGREGOR PINES DRIVE AND LAKE PINE DRIVE OWNED BY MACGREGOR CENTRE, LLC AND MACGREGOR SQUARE PARTNERS, LLC BY AMENDING THE PREVIOUSLY-APPROVED MACGREGOR CENTRE PDD TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF OFFICE USE ON LOT 2B BY 1,590 SQUARE FEET, AND ALSO AMEND AS DESCRIBED IN SECTION 3 BELOW:

Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s) 10 digit)

Real Estate ID(s)

Area ±

(Acres)

MacGregor Centre, LLC

0752369298

0316159

1.39

MacGregor Center, LLC

0752369040

0316160

1.82

MacGregor Center, LLC

0752356785

0316161

2.90

MacGregor Centre, LLC

0752462198

0014667

4.42

MacGregor Square Partners, LLC

0752367108

0327176

2.44

Total Acres

12.97 ±

Section 2: That the MacGregor Center PDD, with respect to the above referenced properties, is amended to allow an increase in the maximum square footage of office use on Lot 2B by 1,590 square feet, and is subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3:

The PDD requirements (conditions) mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

1. Buildings shall be architecturally compatible in terms of building materials, roof materials and colors, building and trim colors, window size and scale and relationship of the buildings to the street front. Architectural guidelines will be established at first site plan submittal.

2. East-West Public street will have sidewalks on both sides of the street.

3. Street trees will be planted at 60 feet O.C along both sides of the east-West Public street

4. There will be one-full service driveway servicing Lake Pine Drive along the north side of the site

5. Restaurant use in Lot 2B shall be limited to 20% of the building area or a maximum of 1,768 square feet.

6. Overall square footage allocations for lots 3, 4 and 6 shall adhere to the limits set by the PDD Master Plan; however, individual lot allocations may be determined by the property owner.

7. A minimum 30-foot-wide Greenway Easement, located along the northeast portion of the PDD, will be dedicated to the Town of Cary. The exact location of the Greenway Easement will be determined, and easement will be dedicated, at site plan submittal for development located on Tract 6 or as necessary to facilitate construction of the greenway trail by the Town of Cary, whichever shall occur first.

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: October 8, 2009

Harold Weinbrecht, Jr.

Date

Mayor