TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (8/08/02)
Cary Park Planned Unit Development Amendment
02-REZ-07/LPA-04

PETITIONER

PROPERTY OWNER

Cary Park Planned Unit Development (PUD)
Panther Creek Raleigh LTD Partnership
190 Finley Golf Course Road
Chapel Hill, NC 27514

(919) 929-0660
(919) 967-0959 (Fax)

Panther Creek Raleigh LTD Partnership
190 Finley Golf Course Road
Chapel Hill, NC 27514

(919) 929-0660
(919) 967-0959 (Fax)

LOCATION:

South of Panther Creek Parkway, West of Cary Glen Blvd. and Green Level Durham Road

MAPS:

Aerial Map
Amended Master Plan
Land Use Map
Large Vicinity Map
Open Space Map
Small Vicinity Map
Town Council Vicinity Map
Zoning Map

In Town Limits [ ] Cary Planning Jurisdiction (ETJ) Only [x ] Annexation Pending [ ]

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

May 23, 2002

PLANNING & ZONING BOARD:

July 15, 2002

TOWN COUNCIL:

August 8, 2002

 

PARCEL INFORMATION

Parcel #

Realid #

Area

0725617629 (part of)

0029997 (part of)

MR-1 – 7.78 acres and SF-9a/9b 57.50 acres

 

REZONING DATA
 

CURRENT

PROPOSED

Zoning:

Residential 40 Planned Unit Development (R40 PUD)

Residential Mixed Use

Overlay District:

Jordan Lake Watershed

Jordan Lake Watershed

Land Use:

Planned Unit Development with a mix of residential and non-residential components. See master plan for details.

Planned Unit Development with a mix of residential and non-residential components. See Master Plan for details. Amendments to this PUD are as follows:

1) MR-1. Text Change to modify the 40 ft. Common Open Space adjacent to Cary Glen Blvd. Residential structures, including porches will be set back a minimum of 20 feet from the right-of-way. The residential structures (townhouses) will be set back approximately 40 feet from the curb of Cary Glen Parkway and porches will be set back a minimum of 35 feet from the curb.

2) SF-9a/9b. An increase in the number of dwelling units from 152 to 172. This does not increase the overall maximum number of units approved for Cary Park.

3) Modification of the parcel standards for single-family cluster and mixed residential to allow for no minimum lot size.

4) Modification of the affordable/age restricted policy to allow for 30% of the total number of dwelling units in Cary Park to be affordable and/or age-restricted as defined by the Town of Cary. No less than 50% of the required units will meet the Town of Cary’s Affordable Housing definition.

a. Applicant and/or their builders will use one or more of the following methods to comply with the affordable housing commitments made in the Cary Park PUD Plan, as amended, to assure that seniors and moderate income buyers and renters are able to obtain affordable housing: deed restrictions; covenants; partnership with affordable housing developer(s); partnership with affordable housing nonprofit(s) or public agency(ies); use of public resources that include contractual commitments to providing senior or affordable housing; developer agreement with Town of Cary; non-profit housing organization screening of buyers or renters for income status and verifying sales price or rents; sales of lots to affordable housing-focused land trust.

b. Applicant will provide a variety of housing unit types that will be affordable to moderate income buyers or renters, including single family detached houses, townhouses, condominiums, and apartments; and that a minimum of 30 percent of the affordable units to be provided will be for ownership.

c. Applicant will provide a variety of housing units in at least four development pods to disperse the lower priced units among market rate units.

d. Applicant will provide written reports to Town of Cary Planning Department with each site and subdivision plan submitted to include affordable or senior housing and then monthly after the first CO’s are issued in such site plans or subdivisions. Build-out in the implementation schedule in the PUD refers to CO’s.

 

REZONING CONDITIONS

CURRENT

PROPOSED

This Planned Unit Development consists of a mix of uses: 2,712 maximum residential dwelling units; 330,00 S.F. of office space; 210,000 S.F. of commercial development. See master plan for details.

This Planned Unit Development consists of a mix of uses: 2,712 maximum residential dwelling units; 330,00 S.F. of office space; 210,000 S.F. of commercial development. This request is an amendment to this PUD. See notes above in the previous section. Also see master plan for additional details.

 

REZONING HISTORY

R-40 to R-40 PUD, approved 1988
R-40 PUD Amendment, approved 1996
R-40 PUD Amendment, tabled 1997
R-40 PUD Amendment, approved 2000

 

SITE DATA

WATER/SEWER SERVICE

Staff Remarks: This rezoning request will not significantly impact the Town’s water and sewer systems.

 

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ ] No [ x ]

Road improvements as required per the signed Developers Agreement shall remain in effect.

 

ENVIRONMENTAL CONSIDERATIONS

This rezoning will be subject to the current Town of Cary ordinances regarding stream buffers nitrogen control and watershed protection.

 

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:

North:

Residential-40 Planned Unit Development
Residential-40

Cary Park PUD
Yates Farm

South:

Residential-40

Cary Park PUD
Cary Glen Blvd.

East:

Residential-40 Planned Unit Development

Cary Park PUD
Cary Glen Blvd.

West:

Residential-40

Yates Farm

 

TOWN OF CARY FUTURE LAND USE PLAN DATA
 

CURRENT

PROPOSED

Plan Designation:

MR-1 is high density residential, SF9a/b is low density residential

No Change

Alternate Designation:

None

No Change

Activity Center:

None

No Change

 

COMPREHENSIVE PLAN ANALYSIS

Land Use Plan Element

LAND USE PLAN AMENDMENT HISTORY: The Town’s Land Use Plan for this area reflects the current approved Master Plan for Cary Park, this was last amended under rezoning reference 00-REZ-04 and corresponding land use plan amendment reference 00-LPA-02, approved 12/14/2000.

 

OPEN SPACE CONSIDERATIONS

The section SF-9a/9b contains significant resources of mixed hardwood/conifer forests, according to the Open Space and Historic Resources Plan.

 

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

No comment.

 

DESIGN REVIEW

The PUD was established based on a neo-traditional design with the buildings close to the street and significant architectural features facing the street. Staff supports this particular product only if the front elevations are facing the street.

 

AFFORDABLE HOUSING

Town staff understands the applicant's new wording to mean that no less than 15% of the total units to be built in Cary Park will conform to the Town of Cary's affordability definition and that it is possible to reach 30%. Staff will continue to work with Cary Park developers to assure that compliance with the affordable housing commitments is achieved in a manner consistent with Town goals. The aim is to assure low- and moderate-income occupancy (based on total household income adjusted for household size) in the affordable units, both in purchase or lease.

 

STAFF ANALYSIS

Changes Since Public Hearing: Changes to the setbacks for the MR-1 parcel; deletion of the condition requesting no minimum lot sizes for single family cluster and mixed residential; changes and additional requirements for the Affordable Housing component. See proposed zoning conditions listed above.

Protest Petition Information:

Valid [ ] Invalid [ ] None Filed [x]

Analysis:

The applicant is requesting in the MR-1 parcel that the common open space (COS) be modified to allow for a portion of the buffer along Cary Glen Blvd. to be maintained elsewhere on the tract (see attached rendering). This change would allow for a more neo-traditional design. The applicant has agreed to place the buildings 20 feet from the right-of-way and 40 feet from the edge of the curb (35 feet for porches). Staff supports this amendment provided that the elevations as submitted (see attached front elevations) are maintained with the front of the buildings facing Cary Glen Blvd.

The next amendment deals with a change from the number of units in the SF-9a/b tract from 152 to 172 units. This change will not increase the maximum number of units approved for Cary Park. Staff can support this amendment.

The final amendment deals with a change to the affordable/senior housing component for Cary Park. This amendment would require that no less than 50 percent of the required 30 percent of dwelling units be affordable. The applicant has agreed to provide a variety of housing unit types that will be affordable and to disperse these units in at least four pods. The applicant has further agreed to provide written documentation to the Town with respect to the number and type of units being built and to follow at least one of several methods to verify that the affordable housing commitments are being met. Based on these added conditions, staff supports this amendment.

With the evaluation of the above issues, staff can identified a list of pros and cons concerning this request.

Pros

  • Common open space (COS) will be maintained in the MR-1 parcel.
  • Setbacks for the MR-1 parcel will be comparable to other units currently built on Cary Glenn Blvd.
  • There is no increase in the overall number of units in Cary Park.
  • Town’s affordable housing goals are met.
  • No additional traffic generated as a result of this request.
  • No additional impact on Town’s utilities.

Cons

  • None.

 

STAFF RECOMMENDATION

Staff recommends approval.

 

PLANNING AND ZONING BOARD RECOMMENDATION
Mr. Hyatt made a motion to forward to Council for approval at their August 8, 2002 meeting based on staff’s recommendation, which was seconded by Ms. Perrin, and the Board voted (3-6) to deny the motion, with Mr. Portman, Ms. Sadtler, Ms. Schmidt, Mr. Yerha, Mr. Zaccardo and Mr. Broderick having the dissenting votes. The Board voted separately on three amendments as follows:
  1. Mr. Dawson made a motion to forward to Council for approval at their August 8, 2002 meeting the applicant’s request that in the MR-1 parcel that the Common Open Space (COS) be modified to allow for a portion of the buffer along Cary Glen Blvd. to be maintained elsewhere on the tract with the applicant agreeing to place the buildings 20-feet from the right-of-way and 40 feet from the edge of the curb (35 feet for porches), which was seconded by Ms. Schmidt, and the Board voted (6-3) with Mr. Broderick, Mr. Zaccardo and Ms. Sadtler having the dissenting votes.
  2. Mr. Dawson made a motion to forward to Council for approval at their August 8, 2002 meeting the applicant’s request to change from the number of units in the SF-9a/b tract from 152 to 172 units, which was seconded by Mr. Portman, and the Board voted (7-2) with Ms. Sadtler and Ms. Perrin having the dissenting votes.
  3. Mr. Dawson made a motion to forward to Council for approval at their August 8, 2002 meeting the applicant’s request to change the affordable/senior housing component for Cary Park that would require no less than 50 percent of the required 30 percent of dwelling units be affordable, which was seconded by Mr. Broderick, and the Board voted (6-3) with Mr. Yerha, Mr. Zaccardo and Ms. Schmidt having the dissenting votes.

 

TOWN COUNCIL 
Council voted to approve with the following conditions: (1) residential structures will be set back a minimum of 20 feet from the right-of-way of Cary Glen Blvd., (2) 172 single family dwelling units (increase of 20 units); however, no increase for the maximum number of dwelling units for Cary Park, (3) removed the 15% senior housing requirement; 15% of the housing stock will be affordable, will include a variety of housing types, will be located among the 4 pods, and 50% of the affordable requirement will be for-sale units; written reports will be provided to the Town. The site plan must go through the council approval process.

Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2002cases/2002index.htm