TOWN OF CARY , NORTH CAROLINA
REQUEST FOR REZONING
DATASHEET

APPLICANT

OWNERS

Jerry Turner
Jerry Turner and Associates, Inc.
905 Jones Franklin Rd
Raleigh, NC 27606
Phone:  (919) 851-7150
Fax: (919) 851-7547
Email:  jturner@jerryturnerassoc.com

Panther Creek Raleigh LMTD PRTNSHIP
190 Finley Golf Course Rd.
Chapel Hill, NC 27517-4473

Larry E & Esther R Rigsbee
7641 Carpenter Fire Station Rd.
Cary, NC 27519-8619

James E Britt & Mary Lorscheider
7629 Carpenter Fire Station Rd.
Cary, NC 27519-8619

LOCATION

MAPS & DOCUMENTS

Cary Park is located east of Green Level to Durham Road, north and south of Carpenter Fire Station Road and northeast of Yates Store Road.

Cary Park Vicinity Map
Town of Cary Land Use Map
Town of Cary Zoning Map
Cary Park Master Land Use Map

PROJECT DESCRIPTION

The request is to amend the maximum amount of non-residential and residential development allowed within Tract TC-1 on the Cary Park Planned Development Master Plan.  The overall amount of commercial development would be reduced from 210,000 sq. ft. to 200,000 sq. ft.  The amount of Office development would be reduced from 170,000 sq. ft. to no more than 5% of the available commercial square footage.  The request would also allow no more than 300 multi-family units within tract TC-1.  The request also includes eliminating the minimum density allowed for tracts MR-5, MR-6 and MR-7.  Altering the density range as proposed for tracts MR-5, MR-6 & MR-7 would require an amendment to Cary ’s Land Use Plan.  See attached Master Plan for further information.  The following modifications are proposed within the Cary Park Planned Development:  

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

portion of 0735062027,

MR-5: 15 du/a
 MR-6: 25 du/ac
MR-7: 8 du/ac

72.87

445
277
133

Front: 8’
Rear: 8’
Side: 6’

0725933654

26.01

300 (Multi-family
development proposed on combined acreage)

No min. lot size proposed

0725941131

1.8

(part of 300 units above)

0725944214

2.11

(part of 300 units above)

Total

102.79acres

1,155 units

APPLICANT’S JUSTIFICATION STATEMENT

This request is to amend the TC-1 tract in the existing Cary Park PDD.  The request is the removal of office as a material component of the TC-1 tract based on both short-term office demand issues and long-term macro planning trends.  On the short term demand side, there clearly is an unmet need today for retail services in Cary Park and there is not demand for new office construction anywhere in the Triangle market much less the Cary Park area.  Please note that Cary ’s office market is presently 23% vacant and even established office parks such as Weston and Regency Park are not engaged in new construction.  On the long term planning front; Cary Park is clearly a tertiary office environment within the greater Northwest Cary sub-market and we feel that new demand for offices will be met first by office product with immediate proximity to the Research Triangle Park and NC Highway 55.  To further support the proposed retail, 300 multi-family units are proposed within TC-1.  The reduction in nonresidential square footages and the increase in multi-family units will not require a new traffic study by the Town of Cary.
The request is to also remove the minimum density requirement from Tracts MR-5, MR-6, and MR-7.  This change will allow more flexibility in the product type provided.  The current minimum densities are: MR-5 at 10 du/ac, MR-6 at 15 du/ac, and MR-7 at 4 du/ac.  

CURRENT USE & ZONING

Current Land Use: Mixed Use (MXD) 
The property is currently vacant.

Proposed Land Use: Mixed Use (MXD)
Proposed uses limited to commercial, office and multi-family development.  

Current Zoning: Planned Development District, Residential-40 (portion of)

Proposed Zoning: Planned Development District

ADJACENT ZONING & LAND USES

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Single-family with some undeveloped frontage

Planned Development District Major (with commercial, office & residential use designations) and Residential-40 District.

MXD (Mixed Use)

East:

High density multi-family

Planned  Development District Major, with multi-family use designation

MXD (Mixed Use) and MDR (Medium Density Residential)

South:

Vacant

Residential-40 District

PKS (Park) and INS (Institutional) (Hawes Tract)

West:

Single-family development

Planned Development District Major, with single-family use designation.

INS (Institutional) and LDR (Low Density Residential)

PLANNING

Comprehensive Plan Analysis

The site lies within an area designated as a Community Activity Center in the Northwest Area Plan.  The proposal retains the Mixed Use (MXD) designation as described in the Land Use Plan.  However, the proposed ranges of residential densities in MR parcels 5-7 are unspecified, so a Land Use Plan amendment is required.  The proposal reduces the total combined non-residential square footage for tracts TC-1, TC-2 and TC-3 from 780,000 to 610,000, and increases the number of multi-family residential units from approximately 385 to 500, brining it closer to the ratio of 50-50 commercial and office/institutional, and the suggested standard of 1 multifamily housing unit per 1,000 square feet of non-residential floor space.

Open Space Considerations

The site is predominantly wooded in mixed hardwood-conifer forest, with a 3-acre stand of conifers at the southwestern corner.   There are no historic resources identified on the site based on the Town’s Open Space Master Plan.

Parks and Greenways

The Northwest Area Plan shows a 400’ open space corridor along Morris Branch, along the northern boundary of MR-6 and the southern boundaries of MR-5 and MR-7. 

Transportation Planning

The Comprehensive Transportation Plan includes a 6-lane median divided section for Green Level to Durham Rd. , a 4-lane median divided section for Carpenter Fire Station Rd. and a 3-lane section for Cary Glen Blvd.  The applicant is proposing right-in/right-out access along both Green Level to Durham Rd. and Carpenter Fire Station Rd. The applicant is proposing sidewalks on both sides of all streets with the exception of single-loaded streets with development on one side and cul-de-sacs. This location is within the C-Tran service area, a transit stop is proposed along Cary Glen Blvd.

School Information

Cary Park previously entered into an agreement with the Town of Cary and Wake County School System, whereby Cary Park is to provide a lump sum contribution to offset anticipated School impacts.  The Wake County School System would use the funds collected to construct new schools in the area of Cary Park.

ENGINEERING

Environmental Considerations

The project is located in the Jordan Lake Watershed and will have to meet the requirements of the Reservoir Watershed Protection Ordinance of the Town of Cary .

The project will be required to meet the nitrogen requirements of the Town of Cary .

There are riparian buffers associated with this project.  

Utilities (Water and Sewer)

This project will have access to public water and sewer by connecting to existing systems within Cary Park PUD.

Traffic Impact Analysis

The revised TC-1 proposed is a reduction in trips generated.  No traffic Impact Study required.

Average Daily Traffic

Morning Peak Traffic

Evening Peak Traffic

Existing Approved TC-1

12,111

576

1153

Proposed TC-1

10,254

364

912

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number

Real Estate ID(s)

Area (Acres)

Panther Creek Raleigh LMTD PRTNSHIP 190 Finley Golf Course Rd.
Chapel Hill , NC 27517-4473

0725933654, portion of 0735062027

0289290, portion of 0266895

26.01

72.87

Larry E & Esther R Rigsbee
7641 Carpenter Fire Station Rd.
Cary, NC 27519-8619

0725941131

0159970

1.8

James E Britt & Mary Lorscheider
7629 Carpenter Fire Station Rd.
Cary, NC 27519-8619

0725944214

0008491

2.11

Total Acreage

102.79 acres