TOWN OF CARY REQUEST FOR REZONING
TOWN COUNCIL IMPACT STATEMENT (January 9, 2003)
02-REZ-16 - 205 N. DIXON AVENUE

PETITIONER	PROPERTY OWNER
Hugh J. Gilleece 875 Walnut Street, Suite 360 Cary, NC 27511 (919) 469-1101 Fax: (919) 460-7637	George & Dorothy Clayton 108 Westwood Drive Belmont, NC 28012-3030

LOCATION:	205 N. Dixon Avenue
MAPS:	Vicinity Map - Small Vicinity Map - Large Zoning Map Land Use Plan Map Open Space Stream Buffers Town Council Vicinity Map

In Town Limits [X] Inside Cary ETJ [ ] Outside Cary ETJ [ ] Annexation Pending [ ]

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING:	October 24, 2002
PLANNING & ZONING BOARD:	December 16, 2002
TOWN COUNCIL:	January 9, 2003

PARCEL INFORMATION
Parcel #	Realid #	Area
0764213704	0013452	4.06 acres

REZONING DATA
	CURRENT	PROPOSED
Zoning:	Downtown Residential (DR) Industrial 2 (I-2)	Residential Multi-Family 12 Conditional Use
Overlay District:	Town Center	Same
Land Use:	Site currently contains one single-family residence.	Residential (Multi-family). Based on this rezoning a total of 49 41 multi-family units could be built on this site.

REZONING CONDITIONS
CURRENT	PROPOSED
N/A	~~Product limited to townhomes and/or condominiums~~. Conditions Added Since Public Hearing: 1. Allowed uses: Multifamily homes and townhomes with minimum overall site density of 10 units per acre. 2. Residential units adjacent to Madison Avenue or North Dixon will face the street. 3. A minimum of one parking space per unit will be provided as a garage integrated into each unit. 4. A minimum of two of the three large trees will be saved unless the Town horticulturist determines that the conditions of the trees is such that saving the trees would be undesirable for safety reasons. 5. Sound attention adjacent to the seaboard railroad right of way: Developer will provide a combination of berms and evergreen trees minimum 8’ ht at planting shrubs minimum 3’ ht at planting to provide a solid landscape buffer within four years of planting. Provide additional wall sound insulation for all outer walls in all buildings and not just the south walls of the buildings immediately adjacent to the railroad right-of-way. Provide sound-insulating windows in all buildings, and not just in the south walls of the building immediately adjacent to the railroad corridor.

REZONING HISTORY

N/A

SITE DATA

WATER/SEWER SERVICE

ANALYSIS: The proposed rezoning meets all utility policies and standards of the Town of Cary.

TRANSPORTATION

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

Residential Community of 49 DU’s during the AM peak hour will generate 37 trips and the PM peak hour will generate 49 trips. The ADT volume is 469 trips per day.

ANALYSIS:

___________________________________________________________________________________

Listed below are community concerns that were brought up at the public hearing. The Engineering Department is addressing these concerns as separate issues from the rezoning case.

Sidewalk along Madison Avenue - This project has been designed and the Town has obtained all necessary easements for construction. The project will be included in the Spring bid of sidewalk projects. The new sidewalk will be placed along the north-side of Madison Avenue and will connect with existing sidewalk on Madison Avenue and Carrousel lane to form a continuous link between W. Chatham Street and N.W. Maynard Road.

Madison Avenue Traffic Calming - Town Council approved six speed humps and all were built per Town of Cary Standard Specifications and Details. Staff has met with residents and discussed the concerns voiced by the neighborhood, and is currently working to analyze methods other than speed humps.

Sidewalk in the TCAP area - Staff is compiling a map and status update of all sidewalk projects in the downtown area. Staff will provide this information to the Town Council and the Planning and Zoning Board as details of the Town Center Area Plan are finalized. Ultimately, a detailed staff report will go to the Operations Committee.

ENVIRONMENTAL CONSIDERATIONS

ANALYSIS: The proposed rezoning meets the requirements of the Stormwater Section of the Town of Cary.

COMPREHENSIVE PLAN

Land Use Plan Element

LAND USE PLAN AMENDMENT HISTORY: Project is within Town Center Area Plan, which was adopted in 2001. No land use amendments have been submitted for the site in the past.

ANALYSIS:

The Town Center Area Plan recommends "Mixed Density Residential" (MXDR) uses for this site, as well as for the parcel immediately west of the site (the CompuChem tract). Mixed Density Residential is a land use category that calls for a mix of housing types, including medium-density single family detached and attached (e.g., small-lot patio homes, townhomes, duplexes) as well as high-density multifamily (e.g., apartments and condominiums). In addition, over the entire MXDR area there should be an overall density of at least 15 units per acre, and there should also be a reasonable balance between single family and multifamily uses, with neither use completely dominating the area.

This rezoning proposal covers 4.07 acres of a 14.9-acre contiguous MXDR area on the Town Center Area Plan (i.e., the 4.07-acre subject parcel, plus the 10.84-acre CompuChem parcel). The intent of the Town Center Area Plan is to eventually achieve an overall density of at least 15 units per acre, with a mix of single family and multifamily dwellings, over the entire contiguous 14.9-acre area.

Evaluation of conformance with the recommended mix of housing types: This rezoning case includes conditions allowing either townhome or multifamily housing on this 4.07-acre parcel. While there is no condition on the rezoning that a mix of both single family and multifamily units (as recommended under MXDR) are to be provided on the site, staff feels that such a condition would be impractical to expect or require on a tract of this size. The CompuChem site will be expected to fill out the balance of residential types not provided on this site, when and if it redevelops.

Evaluation of conformance with the recommended minimum overall density: This rezoning case includes conditions stipulating a minimum overall density of 10 units per acre. While this is less than the MXDR-recommended minimum density of 15 units per acre, the intent is to achieve a minimum of 15 units per acre over the entire contiguous 14.9-acre MXDR area, not just this 4.07-acre parcel. The CompuChem site will be expected to provide a minimum density that raises the overall 14.9-acre MXDR area to at least 15 units per acre, when and if it redevelops. If the subject parcel develops as townhomes, the stipulated minimum density of 10 units per acre is reasonable for that housing type. If the site develops as multifamily housing, a minimum density closer to 15 units per acre should be attempted.

Railroad noise: The southern boundary of the subject parcel is immediately adjacent to the CSX Railroad corridor. The applicant has added conditions to address potential noise issues.

Parking: The Town Center Area Plan recommends under-unit or structured parking whenever possible in order to increase downtown densities, avoid a "sea of parking" on sites, and to provide a walkable, compact pedestrian environment. The applicant has provided a condition that at least one parking space per dwelling unit will be integrated into or under the building. Staff feels this is adequate to meet the intent of the plan in this part of the downtown.

Building orientation: The Town Center Area Plan generally recommends that buildings should face the street. The applicants have provided a condition to this effect.

REGIONAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS: AREA C (Western Wake County)
Current Enrollment Area Schools		Building Capacity	Percent occupied	Projected Number of Students
Elementary	15,868	13,354	118.8%	8
Middle	7,758	6,789	114.3	4
High	7,376	6,420	114.9	6
Total for all Area Schools	30,840	26,563	116.1	18

LOCAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS
Current 20^th Day Enrollment at the current schools this parcel is zoned for:		Building Capacity	Percent occupied	APF Ord. Req.	% Over/Under Ord.	Projected Number of Students
Kingswood Elementary	329	7	4,7000%	130%	4,570% over	8
West Cary Middle	1085	903	120.2%	130%	9.8% under	4
Cary High	1921	1657	115.9%	130%	14.1% under	6
Total for all Zoned Schools						18

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2002 as provided by the Wake County School System. School assignment will be determined at the time of development. A list of individual area schools and information concerning school enrollment countywide can be found for review: School Data

Be advised that the Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System.

ADJACENT ZONING AND LAND USES
	Zoning:	Land Use:
North:	Residential-12 (R-12)	Residential Madison Avenue
South:	Industrial-2 (I-2) Business-2 (B-2)	Vacant Land, Commercial Commercial CSX Rail Line
East:	Downtown Residential (DR) Planned Employment Center (PEC) Industrial-I (I-1)	Residential Commercial Commercial
West:	Industrial-2 (I-2)	Vacant Land, Commercial

TOWN OF CARY FUTURE LAND USE PLAN DATA
	CURRENT	PROPOSED
Plan Designation:	MXDR (Mixed Density Residential) - A mix of housing types (patio homes, duplexes and town houses to apartments and condos) ranging from medium density 4 to 8 units per acre to high density mid-rise 18-50 units per acre with an overall density of not less than 15 units per acre).	Same
Alternate Designation:	NONE	Same
Activity Center:	Town Center	Same

OPEN SPACE CONSIDERATIONS

While no significant natural resource areas are identified for this parcel under the Open Space and Historic Resources Plan, it should be noted that several large, signature specimen hardwood trees dominate the center of the site. The applicant has offered a condition to protect 2-3 specimen trees.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

ANALYSIS: With the condition that single family attached (e.g., townhomes, etc) will be a part of this rezoning, a payment-in-lieu (P.I.L.) will be required. This P.I.L. will be determined at the time of site plan approval.

STAFF ANALYSIS

Changes Since Public Hearing:

The following conditions have been added since the public hearing:

1. Allowed uses: Multifamily homes and townhomes with minimum overall site density of 10 units per acre.

2. Residential units adjacent to Madison Avenue or North Dixon will face the street.

3. A minimum of one parking space per unit will be provided as a garage integrated into each unit.

4. A minimum of two of the three large trees will be saved unless the Town horticulturist determines that the conditions of the trees is such that saving the trees would be undesirable for safety reasons.

5. Sound attention adjacent to the seaboard railroad right of way:

a. Developer will provide a combination of evergreen trees minimum 8’ ht at planting shrubs minimum 3’ ht at planting to provide a solid landscape buffer within four years of planting.

b. Provide additional wall sound insulation for all outer walls in all buildings and not just the south walls of the buildings immediately adjacent to the railroad right-of-way.

c. Provide sound-insulating windows in all buildings, and not just in the south walls of the building immediately adjacent to the railroad corridor.

Protest Petition Information:

Valid [ ] Invalid [ ] None Filed [x]

Analysis:

At the public hearing, concerns were raised with respect to: neighborhood traffic, the need for sidewalks on Madison Avenue and speeding on Madison Avenue. The Town of Cary Engineering Department will address these concerns as separate issues from the rezoning case. A detailed response to these issues is listed above under the transportation section.

Meetings were held with the applicant to also address issues raised by the staff. In response to those meetings the above conditions were added to this case.

With the evaluation of the above issues staff has identified a list of pros and cons with respect to this request.

Pros:

Railroad noise has been addressed.
Parking and building orientation have been addressed and are consistent with Town Center Area Plan (TCAP).
Two to three of the large hardwood trees will be saved during development of this site.
This request meets all Town of Cary requirements.
This request is consistent with the Town Center Area Plan (TCAP).

Cons

None.

STAFF RECOMMENDATION:

Staff recommends approval.

PLANNING AND ZONING BOARD RECOMMENDATION:

Mr. Broderick made a motion to forward to Council for approval, which was seconded by Mr. Hyatt, and the Board voted (10-0).

TOWN COUNCIL RECOMMENDATION

Town Council voted to approve.

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