Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-15 Chatham Commons
Town Council
March 10, 2011

To amend the Town of Cary Official Zoning Map by rezoning 3.31 acres located at 809 W Chatham Street from Residential 40 (R-40) to Office and Institutional Conditional Use (OI-CU).

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.

Property Owner(s)	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
Community Facilities, Inc. 1931 Buffalo Road Rochester, NY 14624	0763-19-3720	0076674	3.31

The site is developed with a single-story, 24,000-square-foot facility constructed in 1983 and licensed by the NC Division of Health Services Regulations as an 80-bed Adult Care Home. The existing use is classified as a nursing home under the Town of Cary Land Development Ordinance. In 1983, the property was in the R-30 zoning district, and a nursing home was a permitted use in that district. Subsequent changes to zoning districts and regulations have resulted in the property being zoned R-40, and does not include a nursing home as a permitted use. As a result, the existing facility is a legal non-conforming use.

As a legal non-conforming use, the existing facility may continue to operate, but it may not be expanded or modified, except only in accordance with limitations as set forth in Chapter 10 of the LDO. Even seemingly simple or non-intrusive changes could present significant and prohibitive challenges. The applicant proposes to rezone the property to the Office and Institutional Conditional Use zoning district (OI-CU). The OI district allows a variety of uses, including nursing homes. Conditions proposed by the applicant would limit the use of the property to a nursing home with no more that 80 beds, and limit building height to 35 feet.

If the requested rezoning (including the proposed zoning conditions) is approved, the applicant could modify and/or expand the existing facility to the extent that such changes do not increase resident capacity. For example, a site plan could be submitted to expand the size of, or modify the location of dining or living areas, but could not be designed to accommodate more than the 80 beds for which the facility is currently licensed by the NC Division of Health Services Regulations.

Applicant & Agent	Cara Lacey, The John R. McAdams Company (on behalf of the property owner)
Acreage	3.31
Location	809 W Chatham Street
Tentative Schedule	Public Hearing January 11, 2011	Planning & Zoning Board February 21, 2011	Town Council March 10 or 24, 20111
	1The date of this meeting will be determined after the P&Z Board recommendation. The rezoning will go to the first meeting of the month if there is unanimous approval by the P&Z Board. Otherwise it will go to the second meeting of the month as a discussion item.
Land Use Plan Designation	Office/Institutional (OFC/INS)
Existing Zoning District(s)	Residential 40 (R-40) and Swift Creek Watershed Overlay District
Proposed Zoning District(s)	Office and Institutional Conditional Use (OI-CU)
Proposed Zoning Conditions	1. The maximum building height shall be 35 feet. 2. The use on the property shall be limited to an 80-bed nursing home.
Town Limits	Yes
Valid Protest Petition	To be determined prior to the public hearing.
Staff Contact	Mary W. Beerman, AICP (919)469-4342 mary.beerman@townofcary.org

Streams: According to Cary GIS maps, a 100-foot urban transition buffer runs along the southeast corner of the site and a 50-foot urban transition buffer runs along the east and northeast portion of the site.

Floodplain: According to Cary GIS maps, there is no floodway or flood hazard area on the site.

Topography: The site generally slopes from north and west to south and east toward the existing streams.

Surrounding Land Uses:
North - Single-Family Attached Residential (Samuel’s Keep Townhomes)
South - Multi-Family (Bowling Arms Apartments)
East - Single–Family Subdivision (Carr Hills) and institutional property (St. Paul’s Episcopal Church)
West - Vacant (commercially-zoned property)

Land Use
“Nursing Home” is a use allowed by right in the OI zoning district.

Density and Dimensional Standards

	Existing Zoning District - R-40	OI Zoning District	Proposed Zoning District OI-CU
Max. Gross Density	1.08 du/acre	Not Applicable
Min. Lot Size	40,000 square feet	None
Minimum Lot Width	125 feet	Not Applicable
Front Yard Setback	50 feet	No parking spaces between building & right-of-way: 30 feet Parking provided between building & right-of-way: 50 feet
Side Yard Setback	15 feet	None
Rear Yard Setback	30 feet	None
Maximum Building Height	35 feet plus one foot for every foot provided in addition to the minimum building setback	Minimum Requirement of OI Zoning District: Within 100 feet of a residential district: 35 feet plus one foot for every foot provided in addition to minimum setback More than 100 feet from a residential district: 50 feet plus one foot for every foot provided in addition to minimum setback Proposed Zoning Condition: maximum 35-foot building height, regardless of building setback

Landscape Buffer
For a new development, a 40-foot opaque (Type A) perimeter buffer would be required along the portion of the eastern boundary adjacent to the single-family residential development, and a 20-foot semi-opaque (Type B) perimeter buffer would be required along the remainder of the perimeter. The current buffer standards are met for the portion of the perimeter where a Type B buffer is required. The current standards are not met along a small portion of the of the rear property line, where the vehicular parking area reduces the width of the Type A buffer to about 20 feet. Compliance with current buffer standards will be required for any portion of the building that is expanded.

Streetscape
For a new development, a 30-foot streetscape would be required along W. Chatham Street. According to Town of Cary GIS maps, the right-of-way for W Chatham Street now includes the area between W Chatham Street and the existing parking lot, thus there is no area available for streetscape planting. Should a plan be submitted in the future, streetscape requirements will be determined at the time of site plan review based on the land area available for planting.

Traffic
A 3.31-acre property zoned R-40 would generate 3 am and 4 pm peak hour trips. An 80-bed nursing home would generate 14 am and 18 pm peak hour trips using the ITE Trip Generation Manual for 620 – Nursing Home. Since this proposed rezoning does not generate 50 or more peak hour trips over the current zoning, no traffic study is required.

Notification
On December 28, 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 December 29, 2010 and January 5, 2011. Notice of the public hearing was posted on the property December 29, 2010.

Neighborhood Meeting
According to information provided by the applicant, a neighborhood meeting was held on November 10, 2010 and three neighboring property owners were in attendance. The applicant stated that the neighbors sought assurance that the building height would not be increased, and had other general questions related to the current use of the site and resident capacity.

Town Council Public Hearing
The public hearing was held on January 11, 2010. One speaker representing the applicant spoke in support of the request. There were no questions or comments from council members.

Planning and Zoning Board Meeting
The Planning and Zoning Board considered the request at its February 21, 2011 meeting and recommended approval by a vote of 7-0.

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.

Comprehensive Plan Element	Consistent	Not Consistent	Not Applicable
Land Use Plan	P
Parks, Recreation, and Cultural Resources Facility Master Plan	P
Growth Management Plan			P
Affordable Housing Plan	P
Comprehensive Transportation Plan	P
Open Space Plan	P

Land Use Plan
The Land Use Plan designation for this property is Office/Institutional. The requested rezoning action is consistent with the Land Use Plan.

Growth Management Plan
The Growth Management Plan is intended to guide new growth and development. This request involves making an existing development and use conforming under the Land Development Ordinance, and as such is not relevant to most of the Growth Management Goals.

Affordable Housing Plan
1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
2. Promote the preservation of the Town of Cary’s existing housing stock through housing rehabilitation resources to maintain the affordable housing that already exists in the community.
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.

Comments: As Cary’s population ages, nursing homes and other senior care facilities will be in increased demand. This rezoning request will make one such facility conforming under the LDO, and as a result. the nursing home on the site will be able to remodel and otherwise improve the facility for the 80 existing nursing home beds located there. Keeping the facility up-to-date is consistent with the affordable housing goals identified above.

Comprehensive Transportation Plan

West Chatham Street is designated as a Major Thoroughfare/Arterial

Existing Section: 2-lane section with northbound left-turn lane and taper, 26- to 36-foot roadway section with swale/ditch on approximately 75-foot right-of-way

Future Section: 3-lane section with two-way left turn lane, 49-foot roadway section (to accommodate bike lanes) with curb & gutter on 70-foot right-of-way

Sidewalks: None existing, planned for both sides (priority project corridor)

Bicycle Lanes: None existing, planned 4-foot bike lanes

Transit: Intersection of W Chatham St. And High House Rd. served by C-Tran #4 West Route, no additional future routes planned at subject location

Status of Planned Improvements: No improvements planned in current Capital Improvements Plan

Parks & Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan there is a greenway trail proposed along the W Chatham Street property frontage between High House Road and the southern property line. The trail continues along the length of the southern property boundary.

Open Space Plan
According to the Open Space Plan the site is not proposed as priority open space; the site is already developed.

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: There are no physical issues with the site. The site is approximately 3.31 acres and is located at 809 W. Chatham Street within the corporate limits of the Town of Cary North Carolina. The site is also located within the Swift Creek Watershed.

A Town of Cary floodplain does run through the site but no expansion to the site is being considered within the floodplain. A 100 foot and 50 foot stream buffer runs into and along the eastern portion of the site. A 50 foot stream buffer runs along the northern portion of the property.

There are no other significant natural resources on the site. The topography of the site is generally flat yet it slopes from north and west to south and east toward the existing streams.

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

Response:

Land Use Plan:
The proposed rezoning is compatible with the comprehensive plan. The Future Land Use Plan illustrates the site as OFC/INS. The proposed rezoning is to change the district from R40 to OI CU which is consistent with the future land use designation.

In addition, the Land Use Section of the Comprehensive Plan demonstrates that there are currently 720 acres of existing office facilities within the Town Limits and 7,366 acres of low density residential. The OI demand is between 700 and 1,039 acres. The low residential demand ranges between 5,245 acres to 7,161 acres. These numbers demonstrate that by changing the zoning from R40 to OI the OI zoning will remain within the demand range and will not exceed the demand. Allowing the change from R40 will aid in decreasing the existing residential capacity that already exceeds the demand.

Although this is not a significant change, due to the fact that the site is only 3.31 acres, it is nonetheless a change in a positive direction. The rezoning will allow the current land use to continue as it exists and will bring the use into conformance. The rezoning will also create consistency with the future land use designation of office/institutional.

The OI district is compatible with the goals and objectives listed in Chapter 5 of the Comprehensive Plan. Specifically, those listed below:

Goal 4: Manage Cary’s growth and development to maintain and enhance Cary’s quality of life.
Goal 7: Support balanced appropriate economic development.
Goal 8: Promote and sustain a progressive and positive planning process for Cary.
Goal 9: Proactively address Cary’s housing issues.

Transportation Plan:
The proposed rezoning is in conformance with the Comprehensive Transportation Plan. There are no changes being sought to the site or current use with this rezoning therefore, the existing 3-lane roadway will remain. If any improvements to the site plan are proposed in the future, additional roadway improvements may be required of the applicant at the time of the site plan approval.

Greenway Plan:
The proposed rezoning is in conformance with the Open Space System Plan. There are no changes being sought to the site or the current use at this time. Therefore, the greenway plan is not affected by this rezoning. If additional greenway paths are required at the time of any site improvements or changes, those improvements will be made at the time of the site plan approval.

Historic Resources:
No historic resources exist on the site.

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

Response:
The rezoning from R40 to OI will bring the site and use on the site into conformance and will allow the site to continue as its current use. The rezoning will not affect the neighbors; but it will positively affect the community as it will bring a nonconforming use into conformance. A neighborhood meeting was held on November 10, 2010 where 63 neighbors were invited and 3 neighbors attended. After a brief explanation of the rezoning, the 3 neighbors stated that they were not opposed to the rezoning or the future expansion of the facility.

In order to further benefit the community and protect the neighbors, the proposed OI Zoning is being conditioned. The proposed conditions limit the site to an 80 bed nursing home and limit the height of the structure. In doing so, the proposal benefits the community through the protection of the neighbors.

In addition, by allowing the proposed rezoning and conditions, the site can continue as it has historically functioned and it will not present any issues or changes to the neighboring community. The use will be in conformance with the proposed OI Zoning district and consistent with the Future Land Use Plan designation of OFC/INS. Therefore, the Town of Cary, the community and the neighbors benefit from this rezoning.

Furthermore, the proposed rezoning advances the Purpose of Chapter 10 (“Nonconformities”) of the Land Development Ordinance. According to Section 10.1.1 of the Ordinance, a purpose of the Chapter pertaining to Nonconformities is to limit the existence of legal non-conforming uses. The requested rezoning accomplishes that purpose by bringing a non-conforming use into conformance and allows that use to be expanded, modified or updated in the future.

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 Chatham Commons adult care home has been in existence on the proposed subject site since 1983 and has achieved harmony and unity with the surrounding neighborhood. (In fact, the neighbors who attended the neighborhood meeting indicated that they wanted Chatham Commons to continue to operate and remain on the site). Although the requested zoning classification is OI (OI allows the use to continue on the existing site) the use is quite residential in nature. There are approximately 62 residents within the facility with 80 residents allowed. The requested rezoning classification and use on the site are both compatible with the surrounding zoning districts which range from RMF multifamily residential and TC Town Center multifamily and single family units as well as OI and GC districts. The proposed OI zoning will allow the present use to continue and to be consistent with the surrounding uses and zonings.

In addition, the proposed rezoning will make it possible for the current use to be expanded, modified or updated in the future. The conditions continue to restrict the site to the existing nursing home with a maximum of 80 beds and through height limitations. This rezoning permits the existing use to remain compatible.

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: Not applicable

ORDINANCE FOR CONSIDERATION

10-REZ-15 Chatham Commons

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.31 ACRES LOCATED AT 809 W. CHATHAM STREET OWNED BY COMMUNITY FACILITIES INC. BY REZONING FROM RESIDENTIAL 40 (R-40) TO OFFICE AND INSTITUTIONAL CONDITIONAL USE (OI-CU).

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

Property Owner(s)	County Parcel Number(s) (10 digit)	Real Estate ID(s)	Area ± (Acres)
Community Facilities, Inc. 1931 Buffalo Road Rochester, NY 14624	0763-19-3720	0076674	3.31

Section 2: That this Property is rezoned from Residential 40 (R-40) to Office and Institutional Conditional Use (OI-CU) 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 conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

1. The maximum building height shall be 35 feet.
2. The use on the property shall be limited to an 80-bed nursing home

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: March 10, 2011

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Harold Weinbrecht, Jr.
Mayor

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Date