Town of Cary, North Carolina
Rezoning Staff Report
11-REZ-06 Slate Property Townhomes
Town Council Public Hearing
October 27, 2011

The applicant, Glenda S. Toppe and Associates, representing property owner Terry Slate, has requested an amendment to the Town of Cary Official Zoning Map to rezone approximately 4.37 acres located at 1680 Old Apex Road from Residential 40 (R-40) to Mixed Use District (MXD) subject to conditions specified on an associated Preliminary Development Plan (PDP). The PDP proposes 32 townhome units as well as approximately 1.52 acres of open space.

NOTE: The purpose of the rezoning is to determine if the land uses and the 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 either the site or the subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml.

Property Owner(s)	County ParcelNumber(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
Terry Slate 2431 Schiefflin Road Apex, NC 27503	0753113909	0179124	4.37 ±
Total Area			4.37 ±

Applicant & Agent	Glenda S. Toppe Glenda S. Toppe & Associates 4139 Gardenlake Drive Raleigh, NC 27612 gtplan@gmail.com
Acreage	4.37 ±
General Location	1680 Old Apex Road
Schedule	Planning & Zoning Board Public Hearing September 19, 2011	Town Council Public Hearing and Council Action October 27, 2011
Land Use PlanDesignation	Commercial Low Intensity (CLI)
Existing ZoningDistrict(s)	Residential 40 (R-40) and Mixed Use Overlay District
Proposed Zoning District(s)	Mixed Use District (MXD) with a Preliminary Development Plan (PDP)
Protest Petition	To Be Determined Prior to the Town Council Public Hearing
Town Limits	Yes
Staff Contact	Debra Grannan, Senior Planner (919) 460-4980 debra.grannan@townofcary.org

Streams: Cary’s GIS maps indicate a stream buffer along the northern side of the subject property. Exact field determination is required at the time of site plan review. At that time, the proposed site plan must meet all stormwater management and detention requirements. Peak flow from the one-, two-, five- and 10-year storm events must be determined and 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 either floodplains or wetlands on the subject property. Field verification of such features is required at the time of site plan review.

Topography: The topography decreases by approximately 20 feet from the front of the property along Old Apex Road to the rear of the site.

Adjacent Land Uses:
North – Single-family Residential
South – School (Across Old Apex Road)
East – Vacant, Progress Energy
West – Vacant; Apex Planned Commercial (PC) Zoning

Density and Dimensional Standards

Open Space
On the proposed Preliminary Development Plan, the applicant identifies 1.52 acres of land to be in common open space. This includes 1.34 acres of required streetscape and perimeter buffers and includes approximately 0.18 acres for neighborhood amenities.

Landscape Buffer
Pursuant to Chapter 7 of the LDO, a 40-foot Type A (opaque) Buffer is required between the proposed townhome use and the existing single-family development to the north of the subject property. The proposed PDP meets this buffer requirement and also provides additional common open space in that general vicinity.

Adjacent to the vacant property on the east side of the PDP, the applicant is responsible for half of a 30-foot type B Buffer. This has been indicated on the plan.

On the west side of the subject property, the applicant has proposed a 20-foot Type-A buffer. This is consistent with Town of Cary LDO standards when vacant adjacent property is zoned commercial. Staff notes, however, that the adjacent property is in Apex’s planning jurisdiction; therefore, the required buffer width on the adjacent property is only 10 feet.

Streetscape: According to Chapter 7 of the LDO, a 50-foot opaque streetscape is required when residential use is adjacent to a Major Thoroughfare. Old Apex Road is classified on Cary’s Transportation Plan as a Major Thoroughfare. The applicant proposes an opaque streetscape with an average width of 50 feet.

Traffic: Based on ITE Trip Generation Code 210 for single-family-detached dwelling units, the existing zoning of R-40 would generate four (4) trips during the a.m. peak hour period and five (5) trips during the p.m. peak-hour time period. The proposed use of 32 townhouses would generate 14 a.m. trips and 17 p.m. peak-hour trips using the ITE Trip Generation Code 230 for Townhouses. Since this would not generate an increase of 50 or more trips, no traffic study is required for this rezoning. Additionally, no traffic study would be required at the time of site plan submittal since the total proposed trips generated by this development are less than 50 peak hour trips.

Planning and Zoning Board Meeting (September 19, 2011)
Two adjacent property owners spoke at the public hearing and expressed concern about stormwater runoff and performance of the buffer. The applicant provided a detailed explanation of future site plan intentions regarding BMPs and stormwater management. Staff provided a definition for a Type-A buffer per the LDO.

The board recommended the request unanimously for approval 9-0.

Notification
On September 7, 2011, 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 News & Observer on September 9, 2011 and the Cary News on September 14, 2011. Notice of the public hearing was posted on the property on September 7, 2011.

Community Meeting
The applicant conducted a Community Meeting, as required by the LDO, and invited property owners within 400 feet of the subject property. The meeting took place on May 19, 2011 at the Bond Park Community Center. Based on information provided by the applicant, two (2) people attended the meeting. The applicant reported that adjacent property owners expressed concerns regarding stormwater management but did not express any opposition to either the proposed use or to the density.

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 have no 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. Land Use Plan
Pursuant to the Town of Cary Land Use Plan, the future land use designation of the subject parcel is Commercial Low Intensity (CLI). Commercial land uses typically include shopping and services. The subject parcel is also located within the Parkway Pointe Neighborhood Mixed Use Activity Center, which allows both flexibility and a mix of uses within this center. A Neighborhood Activity Center (NAC) should provide the commercial and institutional uses necessary to support the common day to day demands of the surrounding neighborhood for goods, services, and facilities. This type of center should also supply local office space and medium and/or high density housing.

Analysis: Table A below includes existing development in the Parkway Pointe Mixed Use Center and the recommended general characteristics of floor space found in Neighborhood Activity Centers.

The applicant is proposing to add 32 single-family-attached housing units, which would bring the total residential development to 200 units. Based on the current nonresidential development, this number falls within the middle of the typical range of residential units for a NAC.

There are a little over six (6) acres of remaining vacant land in the Parkway Pointe Neighborhood Mixed Use Center. Table B below projects potential buildout under the current land use plan and with the proposed rezoning. The addition of the medium density residential development would potentially bring the medium and/or high density residential development total closer to the ideal range of one (1) unit per 1000 square feet of nonresidential floor space.

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 park land dedication payment-in-lieu will be due for residential development in accordance with the LDO.

C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that are relevant to this case:
1. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
2. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.

Analysis: The subject property is located within a preferred growth area—the Parkway Pointe Mixed Use Neighborhood 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. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning 80% of area median income.

3. 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.

4. Assure both 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

Old Apex Road is designated as a Major Thoroughfare.
Existing Section: 2- to 3-lane road in approximately 60 feet of ROW
Future Section: 5-lane in 90 feet of ROW
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot wide outside lane required
Status of Planned Improvements: None scheduled by the Town
Transit: No improvements required

F. Open Space Plan
According to the Open Space Plan, no issues are related to this site.

G. Historic Preservation Master Plan
According to the Historic Preservation Master Plan, no known historic buildings are on the subject property.

STAFF EVALUATION

As noted in the section above, the proposed amendment is consistent with the Comprehensive Plan and 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, and staff made the following observations:

Create Human Scale: Proportional relationships between the buildings and pedestrian areas create a comfortable realm for residents.

Create a Sense of Place: Small amenity features for gathering or passive recreation are provided. The loop road design lined with internal sidewalks supports the creation of a sense of place.

Connect Uses: A pedestrian trail is proposed with connectivity to the adjacent property to the west of the site. The subject property is in close proximity to a shopping center and elementary school.

Provide Transitions: Transitions may be achieved by providing both gradual changes in the intensity of uses and implementing buffers that meet or exceed LDO standards. Both methods are used in the Preliminary Development Plan. The proposed townhome use provides a good transition between the existing single-family residential use to the north and Old Apex Road.

Reduce Parking Impacts: The proposed use meets the Town of Cary LDO Parking Standards. Guest parking areas are evenly spaced throughout the site and vehicular use area screening will be required at the time of site plan review.

Plan for Pedestrians, Bicyclists and Transit Users: A future C-Tran route is proposed along SW Cary Parkway.

Provide Open Space: In addition to providing required open space in the form of streetscapes and perimeter buffers, the PDP also provides approximately 8,000 square feet of common open space for neighborhood amenities.

In evaluating the plan for compliance with the following criteria from LDO Section 4.5.2 (E), staff made the following observations:

1. Intensity, Type and Mix of Uses: The proposed townhome development is less intense than the Commercial Low Intensity designation on Cary’s Land Use Plan. The proposed PDD provides a more gradual transition to the existing single-family residential and adds a better mix of uses to the overall Mixed Use Overlay District.

2. 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.

3. Expected Land Uses: The Mixed Use Overlay district supports the proposed land use.

4. Public Spaces: In-fill projects such as this that propose a single use on a small area typically do not create a practical opportunity to provide formal outdoor spaces for public use. The PDP does, however, show connections from the site to sidewalks and also provides passive outdoor recreation space for future residents.

5. Scale and Context: Staff notes that the PDP demonstrates that the proposed development is appropriate for both the context and location.

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, quality, or physical features are at the direction of the applicant and may be formulated into a condition.

1. Are there any issues with the size of the tract?
Response: The size of the tract is appropriate for the proposed townhome development. The property is of ample size to accommodate the number of proposed unit. The development will be adequately buffered from the adjoining properties.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: The property is located within the Parkway Pointe Mixed Use Overlay District Neighborhood Activity Center. Townhomes are a permitted use with the activity center. Based on the metrics for the parkway Pointe Activity Center and the standards found in the Land Use Plan for residential development within neighborhood activity centers, the plan can support the number of proposed townhomes. The request is well within the Town of Cary Land Use Plan guidelines.

3. What are the benefits and detriments to the owner, neighbors and the community?
Response: The proposed townhomes will have less impact on the surrounding area than the low intensity commercial land use currently designated for the parcel on the land use plan. The provisions in the LDO for townhome development will provide the necessary protection to the neighbors and community. There is existing commercial development in close proximity to the proposed townhomes, thus providing an opportunity for the residents to walk to these services. This in turn can reduce the number and length of automobile trips. This is compatible with Town of Cary Land Use Plan guidelines.

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 property is located in the Parkway Pointe Neighborhood Activity Center. The proposed townhome development is compatible with development located on adjacent tracts. The proposed use provides an excellent transition to both the existing residential and nonresidential uses. Good land use planning principles typically support this type of development at this location. The existing residential property owners will be adequately protected by the provisions in the LDO. The Town will be able to provide sufficient public safety recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development.

ORDINANCE FOR CONSIDERATION
MIXED USE DISTRICT (MXD)

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 4.37 ARES LOCATED AT 1680 OLD APEX ROAD FROM RESIDENTIAL 40 (R-40) TO MIXED USE DISTRICT (MXD) SUBJECT TO CONDITONS SPECIFIED ON A PRELIMINARY DEVELOPMENT PLAN THAT WOULD ALLOW A MAXIMUM OF 32 SINGLE-FAMILY-ATTACHED RESIDENTIAL UNITS.

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 Residential 40 (R-40) to Mixed Use District (MXD) subject to the individualized development conditions set forth herein, and identified on the associated Preliminary Development Plan (PDP), and subject to all the requirements of the Cary Land Development Ordinance (LDO) and to other applicable laws, standards, policies and guidelines.

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

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Harold Weinbrecht, Jr.
Mayor

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Date