Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-12 Tryon Place
Town Council Public Hearing
June 30, 2011

To amend the Town of Cary Official Zoning Map by rezoning approximately 12.55 acres located at the intersection of Tryon Road and SE Cary Parkway from General Commercial Conditional Use (GC-CU) to Mixed Use District (MXD) to allow residential multi-family use, subject to conditions specified on an associated Preliminary Development Plan (PDP). The plan proposes 206 multi-family residential dwelling units in four (4) three-story buildings.

A Comprehensive Plan Amendment, Case #10-CPA-08, that was associated with this property was approved on January 27, 2011, to designate the subject property for either Commercial (COM) or Medium to High Density Residential (MDR to HDR).

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. To view the LDO, paste the URL into your browser .

Property Owner(s)	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
Roy Mashburn, Pirate Properties 5209 Newstead Lane Raleigh, NC and Galaxy Investments, LLC	0772059432	0241803	12.55 ±
Total Area			12.55 ±

Applicant & Agent	Ken Thompson, RLA, LEED AP, NCLID J Davis Architects, PLLC 919-835-1500 kent@jdavisarchitects.com
Acreage	12.55 ±
General Location	SE Corner of Tryon Road and SE Cary Parkway intersection
Schedule	Planning & Zoning Board Public Hearing February 21, 2011	Town Council Public Hearing and Council Action June 30, 2011
	Planning & Zoning Board Second Public Hearing May 16, 2011
Land Use Plan Designation	Commercial or Medium to High Density Residential (COM or MDR to HDR)
Existing Zoning District(s)	General Commercial Conditional Use (GC-CU); Mixed Use Overlay District; and Swift Creek Watershed Overlay District, New Urban Subdistrict
Proposed Zoning District(s)	Mixed Use District (MXD); Mixed Use Overlay District; and Swift Creek Watershed Overlay District, New Urban Subdistrict
Protest Petition	To Be Determined Prior to the Town Council Public Hearing
Town Limits	Yes
Staff Contact	Name: Debra Grannan, Senior Planner Phone: (919) 460-4980 E-mail: debra.grannan@townofcary.org

Streams: Cary’s GIS maps indicate a stream buffer along the western side of the subject property. Exact field determination will be required at the time of site plan review. At that time, applicants are required to meet all stormwater management and detention requirements. This requires peak flow from the one-, two-, five- and 10-year storm and the site must be attenuated back to pre-development conditions from the discharge point leaving the development.

Floodplain and Wetlands: Cary’s most current GIS maps do not indicate the presence of any floodplains or wetlands on the subject property. Field verification of such features is required at the time of site plan review.

Topography: Cary’s most current GIS maps identify grade changes across the subject property. The center of the property has the highest elevation with a gradual decline of approximately 40 feet along the property adjacent to Tryon Road.

Adjacent Land Uses:
North – Shopping center (Across Tyron Road)
South – Office
East – Single-Family Residential and Office
West – Office (Across SE Cary Parkway)

Existing Zoning Conditions
The subject property was rezoned from Office and Institutional Conditional Use to B-2 Conditional Use (Now General Commercial Conditional Use) on June 9, 1994 subject to the following conditions:

1. One full-service driveway access from Cary Parkway

2. One full-service driveway access from Tryon Road. This access will be a joint access for the B-2 CU tract and the adjoining O & I tract that fronts on Tryon Road.

3. All building in the B-2 CU district will be architecturally compatible, and a conceptual master plan will be submitted with the first site plan.

4. A 30-foot type "A" buffer will be placed on the east boundary adjacent to the proposed R-8 CU zoning.

5. A 30-foot streetscape shall be established along Cary Parkway.

6. A 30-foot streetscape shall be established along Tryon Road.

The applicant has not proposed removal of these existing conditions with this rezoning request. The proposed Preliminary Development Plan, however, exceeds the buffer and streetscape minimum widths. The plan proposes a 150-foot buffer between the subject property and the properties along the eastern boundary and a 50-foot streetscape along S.E.Cary Parkway.

Density and Dimensional Standards

Open Space
The proposed Preliminary Development Plan submitted by the applicant designates approximately 7.65 acres of land to be in common open space, totaling approximately 61% of the total site. Based on the preliminary development plan submitted by the applicant, the required regulatory open space (that which is required for Urban Transition Buffers, perimeter buffers or streetscapes) would be 3.64 acres or 27.2% of the subject property.

Landscape Buffer
According to Chapter 7 of the LDO, a 40-foot Type A (opaque) buffer is required between the subject property and adjacent single-family residential use to the east if the property develops as multi-family residential. A 30-foot Type A buffer is recorded on lots in the Lochmere Village neighborhood on the east side of this subject property; however, since this buffer is platted on individual lots and is not located in common open space, the LDO does not give credit for this existing buffer in terms of meeting buffer requirements. The full responsibility for providing the required buffer, therefore, lies with the developer of the subject property.

Adjacent to Lochmere Village, the proposed preliminary development plan provides the full, required 40-foot Type A, (opaque) buffer, and it also proposes installation of an additional 10-foot-wide area where a hedgerow of evergreen trees will be installed at a minimum of 10 feet tall at the time of planting. Within the 40-foot opaque buffer area a 6-foot-tall opaque wooden fence is proposed. Both the 40-foot buffer area and the 10-foot-wide hedgerow area will be located within a 150-foot buffer. Disturbances in the buffer, such as the placement of a utility line, would only be permitted as allowed by the Cary Land Development Ordinance.

If the subject property is developed with General Commercial use, then a 65-foot Type A (opaque) buffer is required per the LDO. A minimum 10-foot building setback is required from landscape buffers.

Streetscape
At the first public hearing, a 30-foot opaque streetscape was proposed along Tryon Road and SE Cary Parkway. Since then, the applicant has modified the proposed Preliminary Development plan to show a 50-foot opaque streetscape. This complies with Chapter 7 of the LDO which requires a 50-foot opaque streetscape when residential development is proposed along a thoroughfare. (Note: Reductions to LDO standards may be considered with a Preliminary Development Plan.)  The applicant has also proposed a condition that would require the outer 25 feet of this 50-foot streetscape to be undisturbed, except for disturbances as allowed by the Land Development Ordinance.

Traffic
Summarized in the table below is a trip generation comparison for a variety of allowable uses that could be considered for this parcel:

Trip Generation Comparison Table
Land Use	Size	24 Hour Two-Way Volume	Morning A.M. Peak Hour			Afternoon/Evening P.M. Peak Hour
			Enter	Exit	Total	Enter	Exit	Total
Apartments	256 dwelling units	1,689	26	103	129	103	55	158
General Office Bldg.	132,500 g.s.f.	1,657	207	28	235	39	189	228
Shopping Center	91,500 g.s.f.	6,410	89	57	146	294	306	600
Free-Standing Discount Superstore	91,500 g.s.f.	4,861	86	67	153	207	215	422
Home Improvement Superstore	91,500 g.s.f.	2,727	66	49	115	104	113	217
Convenience Market w/ Gas Pumps	10 fueling stations	5,426	83	83	166	95	95	190
Fast-Food Restaurant with Drive-Thru	4,500 g.s.f.	2,233	113	109	222	79	73	152
Source: ITE Trip Generation Manual, 8th Edition
Assumptions:	1. Total tract area is 12.55 acres in size. Useable acreage is estimated to
	be approximately 9.15 acres
	2. Estimated retail area is based on approximately 10,000 g.s.f. per useable acre.
	3. Estimated office area is based on approximately 14,500 g.s.f. per useable acre.

Based on a proposed build-out of 256 apartment units, a Traffic Analysis Report (10-TAR-199A) was prepared by the Town’s On-call traffic consultant Martin, Alexiu, Bryson dated October 27, 2010.

Roadway Improvement Recommendations
As indicated in the traffic operations analyses, the proposed development is projected to have a very minor impact on the roadways and intersections within the study area. The following roadway improvements are recommended based on the Town of Cary’s APFO and NCDOT requirements:

Tryon Road and SE Cary Parkway
The Town of Cary requires that new developments widen the roads along the frontage of their property to meet the standards specified in the Cary Comprehensive Transportation Plan. The proposed development has frontages along Tryon Road and SE Cary Parkway, both having a 4-lane median-divided cross-section with pedestrian sidewalks along both sides under the existing conditions. The ultimate geometrics dictated by the Plan have already been achieved. Thus, no further widening is needed.

Tryon Road and Wellingborough Drive (unsignalized)
The traffic analyses indicate that the southbound Wellingborough Drive approach operates at Level of Service (LOS) F in the PM peak hour under the background and build conditions. However, traffic simulation results using TSIS/CORSIM indicate that this intersection may perform better with traffic platoons formed by the upstream and downstream signals. Field observations indicate that many drivers utilize the rarely-used westbound left-turn lane to make two-stage left-turn maneuvers. Since peak hour signal warrants are currently not met, and turn lanes already exist on both the mainline and side street approaches, no geometric improvements or signalization are recommended at this time. However, traffic conditions should be monitored at this location.

Tryon Road and Access #1 (unsignalized – RIRO)

The traffic analysis indicates that the northbound Access #1 approach is projected to operate at LOS B in both the AM and PM peak hours.  Therefore, the following are recommended at this location:

·         Construct the planned connection to Access #1 with one ingress lane and one egress lane as shown on the site plan

·         Install a stop control at the newly formed internal intersection on the planned approach to ensure free-flow conditions for the inbound traffic from Tryon Road.

SE Cary Parkway and Access #2 (unsignalized)
The traffic analysis indicates that the westbound Access #2 approach is projected to operate at LOS B and LOS C in the AM and PM peak hours, respectively.  The following driveway configuration is recommended at this location:

·         Construct the driveway with one ingress lane and one egress lane, as shown on the site plan,

·         Design internal circulation within the project site so that both driveways are available for all future apartment residents to enter and exit the site.

 

The remaining intersections are projected to operate at acceptable levels of service during both the AM and PM peak hours; thus, no further improvements are recommended.

Planning and Zoning Board Second Public Hearing (May 16, 2011)
Staff presented an overview of the case, summarized the review process and noted changes since the previous Planning and Zoning Board Meeting and Community Design Workshop. Staff provided observations about the plan’s compliance with both LDO and Comprehensive Plan standards. Staff then introduced the applicant who discussed the evolution of the case and the efforts they, and the subject property owners, had made to work with adjacent property owners. The board then opened the public hearing.

Public Hearing Comments
Several citizens spoke both in support of and opposition to the request. Five homeowners immediately adjacent to the property supported the request and noted the generous buffer allowances and concessions made by the applicant to minimize the impact of the proposed development. Several local business owners voiced support for the request noting that the residential use would benefit the nearby commercial uses by providing more customers. Other business professionals and land planners in the community spoke to the high-quality design of the plan.

Citizens who opposed the request cited traffic concerns, objections to the proposed density and concern about the number of apartment complexes in Cary. Many of those opposed to the request indicated they did not support the proposed use.

Board Questions to Staff
The Planning staff verified that under the current General Commercial zoning there were no limits on the type of commercial development that could occur on the subject property. The board also asked what building heights were allowable per the LDO. Staff presented a slide that demonstrated that buildings with heights up to 108 feet were possible. Staff confirmed that proposed conditions limiting building height and the number of dwelling units were enforceable. One board member asked if staff agreed that the proposed use and Preliminary Development Plan provided adequate transitions. Staff concurred and suggested that residential multi-family is typically a less intense use than general commercial, and that landscape buffers may also be used to provide transitions.

Board members asked Jerry Jensen of Cary’s Engineering Department for information regarding traffic impacts. Mr. Jensen explained that impacts from the proposed development were minor. The board also asked about the feasibility of adding a traffic signal on Tryon Road and Wellingborough Drive. Mr. Jensen explained that Tryon Road is state-owned; therefore, NCDOT is responsible for determining if a signal is warranted.

Scott Ramage provided a detailed explanation of how Activity Centers were initially identified in 2003 and developed in collaboration with the Town Council, the Planning and Zoning Board, staff, and consultants.

The Board voted 5-4 to recommend the request for approval.
Board members who supported the request commented on the efforts made by the applicant to address the concerns of property owners immediately adjacent to the subject property by providing generous buffers that exceeded Town of Cary requirements and setting maximum building height limits that are less than those allowed by the LDO. Board members supporting the rezoning request also found that the plan was consistent with the Comprehensive Plan and provides appropriate transitions to adjacent office and residential uses.

Those board members who voted against the request citied potential adverse impacts on property owners in the vicinity, concerns about traffic impacts, specifically for residents of Wellington Park, and concerns about community response in opposition to the proposed land use. One board member recommended the town increase the notification process for rezoning cases such as this.

Changes Since the Second Planning and Zoning Board Public Hearing (May 16, 2011)
The applicant has added a condition to require the outer 25 feet of the streetscape along SE Cary Parkway to be undisturbed, except for disturbances allowed by the Town of Cary.

Changes Since the First Planning and Zoning Board Public Hearing (February 21, 2011)
Since the initial public hearing, the applicant has submitted the following changes to the Preliminary Development Plan:

• The total number of units was reduced from 256 to 206. This resulted in a density reduction from 20.4 to 16.4 dwelling units per acre.
• Building height was reduced from four stories to a maximum of three stories.
• The width of the streetscape buffer along S.E. Cary Parkway was increased from 30 feet to 50 feet.
• A condition was added to specify a solid wooden fence within the opaque buffer along the eastern property line.
• A 150-foot undisturbed buffer was specified along the eastern property line.
• Open space was increased from 47% to 61%.
• The minimum building setback from the Lochmere Village Subdivision was increased from 180 feet to 205 feet.
• The applicant specified that 47% of the parking would be located under the buildings.

Based on the reduction in units proposed by the applicant, the school impact portion of the staff report was amended to reflect the reduction in the projected number of students.

Community Design Workshop (March 15, 2011)
As directed by the Planning and Zoning Board, the applicant participated in a Community Workshop on March 15, 2011 to discuss the design principles associated with the proposed Preliminary Development Plan. Approximately 50 citizens attended this meeting. Staff was present to facilitate the meeting and answer questions related to site design regulations. The applicant presented the proposed preliminary development plan and advised the meeting attendees that reductions to the unit count from the original proposal would be submitted to the town. The applicant expressed belief that the proposed plan met Cary’s design principles and replied to questions from the community regarding building height, setbacks, and other site design issues. (Minutes of Community Workshop – link)

Planning and Zoning Board First Public Hearing (February 21, 2011)
Staff presented the request and provided an overview of the Mixed Use Zoning process. Staff then introduced the applicant, who described the elements of the proposed development plan. During the public hearing several adjacent property owners expressed concern about the impacts the proposed development would have on their property. Staff responded to questions from the board regarding LDO requirements and the objectives for a balance of uses in activity centers. Following the public hearing, the Planning and Zoning board forwarded the request to a Community Design Workshop for further discussion between the applicant and concerned citizens.

Notification
On February 4, 2011 and December 2, 2010 the Planning Department 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 February 9 and 16, 2011. Notice of the public hearing was posted on the property on February 9, 2011.

The property has remained posted since the initial posting and ads for subsequent public hearings have been placed in the Cary News for two consecutive weeks prior to the second Planning and Zoning Board Public hearing and the Town Council public hearing. Written notification of the second public hearing and the third public hearing before Town Council was mailed to property owners within 400 feet of the subject property on May 2, 2011 and June 14, 2011.

Community Meeting
As required by the LDO, the applicant conducted a Community Meeting, to which they invited property owners within 400 feet of the subject property. The meeting took place on July 13, 2010 at 7 p.m. at the Four Points Hotel in Cary. Based on information provided by the applicant, 13 people attended the meeting. Adjacent property owners expressed concerns regarding the proposed number of dwelling units, traffic increases, stormwater management, building height and placement on the subject property and project density and parking.

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; and
6. The proposed zoning classification is suitable for the subject property.

In addition to the criteria for general rezoning specified above, rezoning requests to a MXD district shall be reviewed for compliance with the following criteria from LDO Section 4.5.2 (E) , as applicable.

1. Intensity, Type and Mix of Uses
2. Site Design
3. Expected Land Uses
4. Public Spaces
5. Scale and Context

A. Southeast Area Plan
The governing land use element for the subject parcel is the Southeast Area Plan, originally adopted in September 2004. The Southeast Area Plan is part of the Town of Cary Land Use Plan, a volume of the Comprehensive Plan. The Southeast Area Plan currently recommends that the future land use of the subject parcel be Commercial or Medium to High Density Residential (COM or MDR to HDR). Medium Density Residential (MDR) development is typically defined as either single-family-detached or attached housing between three and eight units per acre. High Density Residential (HDR) is typically defined as multi-family housing at eight or more units per acre. Commercial uses are defined as including shopping/retail, services, hotel/motel, and related uses.

The subject parcel is also located within a mixed-use Community Activity Center (CAC). The primary focus of a CAC is to provide goods, services, and facilities in support of the surrounding community. A CAC should typically include a mix of commercial, office, institutional, and medium and high density residential uses. CAC’s are intended to be designed using pedestrian and transit-friendly design principles. For example, office and residential uses should be within easy walking distance of the commercial core- ideally about 1/8 to 1/4 mile or less (660 to 1,320 feet) – and within easy walking distance to a central transit stop.

The mix and concentration of uses in an activity center are also intended to help the Town avoid sprawl and strip development, and to help reduce traffic by creating an environment that creates opportunities for internal pedestrian trips, focused nodes for transit service, and the capturing of short-distance internal vehicular trips that stay within the activity center.

Analysis:
Chapter 6 of the Land Use Plan, Section 6.2, provides a comprehensive set of recommendations and criteria for mixed-use activity centers. Subsection 6.2.7 “Development Plan Conformance and Evaluation Criteria” spells out the criteria that should be employed when evaluating whether or not a development plan or rezoning within an activity center conforms to the Land Use Plan. Accordingly, in this section the rezoning application is evaluated first in terms of conformity of land use types and density/intensity, and then in terms of miscellaneous design criteria (in a later section).

The test for whether or not a proposal conforms with the Land Use Plan’s recommended mix of land use types and intensities depends on the degree to which the proposal improves the overall mix and balance of commercial, office, and residential uses within the mixed-use activity center/overlay district, while conforming to the Land Use Plan’s metrics for activity centers (Table 6.1, Chapter 6). The extent to which the proposal improves the minimum use mixing thresholds is also a consideration. The table below shows existing development in the entire Wellington Community Activity Center and the recommended general characteristics specified in Table 6.1 of the Land Use Plan for Community Activity Centers. The table’s “Existing Development” column includes site plans that are currently under construction but are not yet completed.

At present, both the amount of commercial floor space and residential units are below typical or recommended amounts as per Table 6.1 Recommended General Characteristics of Activity Centers found in the Town of Cary Land Use Plan. Most noticeable, however, is the current absence of residential units. Using the recommended metrics, Wellington CAC should at this point include somewhere in the range of 211 - 1,269 medium and/or high density dwellings, and ideally at least 528 dwellings.

There are also several undeveloped tracts remaining within the Wellington Community Activity Center, including the subject tract. Attachment A shows those tracts, their acreages, and their current zoning. The following table compares how the overall land use mix for the entire activity center could emerge at buildout if the subject parcel remains zoned GC-CU, and if the requested MXD rezoning were approved. (Vacant GC-zoned parcels are projected as commercial, vacant R-40 and R-20 parcels are built out per the Southeast Area Plan.)

Using the projections above, if the Land Use Plan’s housing metrics are applied to the buildout projections based on existing zoning of the subject parcel, the acceptable number of dwelling units within the activity center would be between 414 to 3,087 dwellings, with a recommended minimum of at least 1,036 to 1,286 dwellings. If the metrics are applied to the buildout projections that are based on the subject parcel’s requested MXD zoning, the acceptable number of dwelling units would be between 372 to 2,733 dwellings, with a recommended minimum of at least 931 to 1,138 dwellings.

At this time, there are no residential units and no existing base zoning for future medium or higher density residential uses within the Wellington Community Mixed Use Center. In the future, barring any zoning changes, this mixed use center could remain with no medium or high density residential units even at buildout. The addition of residential units to this center would help to balance the mix of uses and provide an opportunity to place housing within walking distance of Wellington Park Shopping Center. Should the subject parcel be rezoned, there will still be opportunity for additional commercial development in this mixed use activity center on the vacant commercially-zoned parcel of 18.6 acres.

Staff’s observation is that the proposed rezoning is consistent with the review criteria for improving the overall mix of uses, and improving overall compliance with Land Use Plan metrics.

B. Parks & Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site. A recreation payment-in-lieu may be due for residential development in accordance with LDO requirements.

C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that 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. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.

Analysis: Water and sewer lines are available within and/or adjacent to the site. The subject property is located within a preferred growth area—the Wellington Park Mixed Use Community Activity Center.

D. Affordable Housing Plan
The Affordable Housing Plan includes the following goals that may be applicable 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. 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.
3. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

Analysis: A medium to high density residential product, located in a mixed use community activity center, has the potential to support the above goals of the Affordable Housing Plan.

E. Comprehensive Transportation Plan

SE Cary Parkway is designated as a Major Thoroughfare
Existing Section: 4-lane median divided; approximately 100-foot ROW
Future Section: 4-lane median divided
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot-wide outside lanes
Status of Planned Improvements: N/A

Tryon Road is designated as a Major Thoroughfare
Existing Section: 4-lane median divided; approximately 100-foot ROW
Future Section: 4-lane median divided
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot-wide outside lanes
Transit: There is an existing TTA route on Tryon Road. The applicant proposes construction of a bus shelter at this location, subject to Cary design standards. (LDO 7.10.6)
Status of Planned Improvements: N/A

Transit Service
Triangle Transit: Bus Route T-305 provides service along Tryon Road adjacent to the site, providing direct, no-transfer service between Apex and Downtown Raleigh

C-Tran: The 10-year Expansion Plan calls for future C-Tran service along Cary Parkway to the intersection of Cary Parkway and Tryon Road, serving the Wellington mixed-use activity center. The Cary Parkway route will link directly with the planned Triangle Transit Light Rail Station at NW Cary Parkway and Chapel Hill Road.

Pedestrian Access
Sidewalks are provided on both sides of Tryon Road and SE Cary Parkway within the mixed use district, and there are signalized pedestrian crossings at the intersection of those two thoroughfares. The Preliminary Development Plan shows internal sidewalk connections to both Tryon Road and SE Cary Parkway. Most destinations within Wellington Park Shopping Center could be accessed from the site within about a ¼ to 1/3 mile walking distance.

F. Open Space Plan
According to the Open Space Plan, there are mixed upland hardwoods on the site. This site was not designated as priority open space for conservation.

G. Historic Preservation Master Plan
There are no known historic buildings on the subject property.

As noted in the section above, the proposed amendment is consistent with the Comprehensive Plan and with other applicable adopted plans, policies and documents. In evaluating the proposed zoning, staff also evaluated the Preliminary Development Plan for conformance with the Design Principles of the Mixed Use Overlay District, as detailed below.

Mixed Use Overlay District Design Principles
The Preliminary Development Plan (PDP) was evaluated against the following Mixed Use Overlay District Design Principles:

Create Human Scale:  Building height is proposed to be three stories plus a basement. Although building elevations were not provided with the plan, Cary’s Community Appearance manual requires architectural features such as balconies, window arches and varied rooflines to break up the building mass. The network of pedestrian paths and a circular vehicular pattern establishes a comfortable realm for people to move and interact within the property.

Create a Sense of Place:  The outdoor recreation area is centrally located within an area of approximately 0.20 acres. Access to the recreation point is convenient and accessible.

Connect Uses: The internal network of private sidewalks with connections to public sidewalk and future Town of Cary greenway provides pedestrian connectivity throughout the site. The plan provides vehicular connection to the adjacent veterinary hospital located east of the subject property. The subject property is in close proximity to a shopping center and medical and business offices.

Provide Transitions:  Transitions may be achieved both by providing gradual changes in the intensity of uses and implementing buffers that exceed LDO standards. Both methods are used in the Preliminary Development Plan. Generally, residential multi-family is a less intense use than the General Commercial use for which the site is currently zoned. The Preliminary Development Plan proposes a 40-foot Type A (opaque) buffer between the subject property and adjacent single-family residential use. This is enhanced with a proposed 10-foot tall hedgerow of evergreens and a 6-foot tall opaque fence. Buildings are also proposed to be a minimum of 180 feet from the rear property line of the adjacent single-family residential use to the east.

Reduce Parking Impacts:  The applicant has proposed 372 parking spaces, 174 of which are garage spaces located under the proposed buildings, thereby greatly reducing the amount of land needed for parking, saving open space, and reducing adverse visual impacts. A 20% parking reduction to LDO standards is proposed. The LDO contains provisions that allow applicants to request parking reductions up to 25%. Parking is positioned so as not to be in prominent view from SE Cary Parkway and is approximately 280 feet from Tryon Road. Additional vehicular area screening will be required during site plan review in accordance with LDO requirements.

Plan for Pedestrians, Bicyclists and Transit Users:  Sidewalks are continuous along public streets and a network of sidewalks is proposed along private streets internal to the site. The subject property is in close proximity to public transit. The site is currently served by Triangle Transit bus route T-305, providing direct service between downtown Raleigh, Cary, and Apex. Future C-Tran bus service is planned on Cary Parkway in the 10-year Expansion Plan. A bus shelter will be provided on the subject property at Tryon Road. Bicycle parking is a site plan requirement. There is a pedestrian signal crossing at the intersection of SE Cary Parkway and Tryon Road, and the site lies within approximately one-quarter to one-third mile walk to the shops at Wellington Park.

Provide Open Space:  Open space is provided with both active and passive recreation areas and the sidewalk network within the site ensures accessibility to the open space for each residence. Approximately 61% of the site is proposed to be in common open space.

In evaluating the request, staff also reviewed the plan for compliance with the Approval Criteria for Mixed Use District Rezonings in LDO Section 4.5.2, and makes the following observations.

In evaluating the request, staff also reviewed the plan for compliance with the Approval Criteria for Mixed Use District Rezonings in LDO Section 4.5.2, and makes the following observations.

Intensity, Type and Mix of Uses:  Staff observes that since the subject property is situated adjacent to two major intersections, is across the street from a commercial shopping center and provides large buffers where the site abuts residential use. The proposed multi-family residential use and density of 16.4 dwelling units/acre is appropriate for the site. The proposed use also provides a more diverse mix of uses in the activity center.

Site Design:  Staff finds that the proposed plan either meets or exceeds Town of Cary Development and Design Standards as defined in Chapter 7 of the LDO in terms of building height, building separation, landscaping and buffer requirements.

Expected Land Uses:  Staff finds that the proposed development provides the high density component that is suggested by the Comprehensive Land Use Plan and is currently absent from the activity center.

Public Spaces:  The single use of this in-fill parcel does not create a practical opportunity to provide formal outdoor spaces for public use; however, staff notes the significant amount of open space along public sidewalks and a transit stop. The PDP does provide outdoor recreation space for future residents.

Scale and Context:  Staff notes that that the PDP demonstrates that the proposed development is appropriate for the context and location. Stream buffers and utility lines along Tryon Road create a less than ideal opportunity for commercial development because visibility of future buildings on the property and access to the site are limited. The proposed residential use responds to this environmental condition by providing more buffering for residential use along a major thoroughfare. Also, the proposed perimeter landscape buffers, that exceed LDO standards, respond to this condition and make this site suitable for residential use. The limited height and over all scale of the buildings, along with the large buffers, also serve to provide reasonable transitions both within and adjacent to the district.

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 first 200 feet of the site adjacent to Tryon Road will be left in its natural state to protect the stream that runs through the site and provide screening from Tryon Road. In response to preserving the stream and its buffer, the development will be focused near the center of the parcel and will be compact in nature to achieve the density requested. This will increase preserved open space and reduce the amount of impervious area usually associated with urban sprawl which, in turn, will reduce stormwater runoff. In addition, the site’s natural topography will allow the buildings to step down across the site and allow the opportunity to provide secure parking beneath each building.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: A Comprehensive Plan Amendment (CPA) is currently being requested to add Medium to High Density Residential to Commercial uses allowed. A stated goal of the comprehensive plan is to have High Density Residential adjacent to transit stops to promote the use of mass transit and reduce dependency on automobiles. As noted in the CPA request, this site has access to an existing Triangle Transit route and to a proposed C-Tran route as well.

3. What are the benefits and detriments to the owner, neighbors and the community?
Response: This site is within the Wellington Park Community Activity Center. The uses suggested by the comprehensive plan include a mix of commercial, office, institutional and medium to high density residential. Currently, all uses are represented within the activity center except medium to high density residential. The addition of high density residential to the activity center will help support the Waverly and Wellington Park shopping centers and neighborhood office parks. The existing commercial businesses are lacking the traffic needed to support their businesses which, in turn, contributes to the high vacancy rates experienced at the shopping center. The addition of dwelling units will allow people the opportunity to live, work and play within the Wellington Park Community Activity Center. The site currently allows for General Commercial uses to be developed, and these uses generate high volumes of traffic at peak times. In a preliminary study prepared by a professional traffic engineer, the proposed high density residential, development will result in a significant reduction in traffic compared with the current uses allowed in General Commercial.

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: The site is currently designated Commercial and is within the Southeast Gateway Area Plan and Wellington Park Community Mixed Use Center. The proposed amendment is to change the land use designation to allow Commercial or medium to high density residential uses. Wellington Park Community Mixed Use Center calls for a mixture of land uses to reduce sprawl by concentrating a mix of uses in convenient locations, promote an efficient pattern of land uses, provide most of the goods and services needed by citizens in a coordinated and concentrated manner, reduce the number and length of auto trips by placing higher-density housing adjacent to shopping and employment, improve the quality of life for those livening high and medium density housing by having daily conveniences, shops and employment within walking distance and to facilitate auto, pedestrian, bicycle and transit travel both within the center and to surrounding neighborhoods.

ORDINANCE FOR CONSIDERATION

10-REZ-12 TRYON PLACE MIXED USE DISTRICT (MXD)

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 12.55 ACRES LOCATED AT TRYON ROAD AND SE CARY PARKWAY AND OWNED BY PIRATE PROPERTIES AND GALAXY INVESTMENTS, LLC FROM GENERAL COMMERCIAL CONDITONAL USE (GC-CU) TO MIXED USE DISTRICT (MXD) SUBJECT TO CONDITONS SPECIFIED ON A PRELIMINARY DEVELOPMENT PLAN THAT WOULD ALLOW UP TO 206 MULTI-FAMILY RESIDENTIAL UNITS AS AN ALTERNATE TO GENERAL COMMERCIAL 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:

PARCEL & OWNER INFORMATION

Section 2: That this Property is rezoned from General Commercial Conditional Use (GC-CU) to Mixed Use District (MXD) subject to the individualized development conditions set forth herein, and identified on the associated Preliminary Development Plan (PDP), 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: June 30, 2011

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Harold Weinbrecht, Jr.
Mayor

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Date