TOWN OF CARY , NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO TOWN COUNCIL

TOWN OF CARY CASE MANAGER

Bob Benfield, Senior Planner

Phone:  (919) 469-4045
Email:  bob.benfield@townofcary.org

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

Cary Park is located east of Green Level to Durham Road, north and south of Carpenter Fire Station Road and northwest of Cary Glen Boulevard .

Town of Cary Vicinity Map

Town of Cary Land Use Map

Town of Cary Zoning Map

Cary Park Land Use Master Plan

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 existing cap of 170,000 sq. ft. would remain however, a condition would be added stating that a minimum of 20% (40,000 sq. ft.) of the commercial/retail space would be developed as office within the TC tracts.  The request would also require at least 100 residential units, but no more than 300 multi-family units within tract TC‑1, and adjust the minimum number of units allowed within tracts MR-5, MR-6 and MR-7 to the equivalent of 4 units/acre.  See attached Master Plan for further information.  The following modifications are proposed within the Cary Park Planned Development:  

Parcel

Maximum Density (Du/Ac)

Acreage

Current

Min. # Units

Prop.

 Min. #

Units

Max.

 # Units

Min.

  Lot Size

portion of 0735062027,

MR-5: 15 du/ac

MR-6: 25 du/ac

MR-7:  8 du/ac  

29.68

11.10

16.73

296

166

60

129

33

27

445

277

133

Front: 8’

 Rear: 8’

  Side: 6’

0725933654

26.01

300 (Multi-family development proposed in TC tracts)

No min. lot size proposed

0725941131

1.8

(part of 300 units above)

0725944214

2.11

(part of 300 units above)

Total

87.43 acres

522 units

189 units

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 adjust the minimum number of units allowed for 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 8 du/ac.  The new minimum number of units allowed would be the equivalent of 4 units/acre.  See the above chart for existing and proposed number of units for each tract.  

CURRENT AND PROPOSED LAND USE PLAN & ZONING

Current Parcel Designations in Cary ’s Land Use Plan:  

Tract TC-1: Mixed Use (MXD)

Tracts MR-5, MR-6 and MR-7:  High Density Residential (HDR)

Proposed Amendment to Land Use Plan:  

Tract TC-1: Mixed Use (MXD)

Tracts MR-5, MR-6 and MR-7:  Medium to High Density Residential (“MDR to HDR”)

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

Proposed Zoning: Planned Development District (PDD)

ADJACENT ZONING & LAND USES

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Single-family with some undeveloped frontage

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

(Mixed Use) MXD

East:

High density multi-family

Planned  Development District (PDD), with multi-family use designation

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

South:

Vacant

Residential-40 (R-40)

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

West:

Single-family development

Planned Development District (PDD), with single-family use designation

Institutional (INS) and Low Density Residential (LDR)

PLANNING

Comprehensive Plan Analysis

The Land Use Plan element that governs this part of Cary is the Northwest Area Plan, adopted by Council in September 2002.  The site lies within an area designated as a Community Activity Center in the Northwest Area Plan.

Tract TC-1.  The Northwest Area Plan designates TC-1 as a Mixed Use area, which should contain a mix of retail, office & institutional and medium-to-high density residential.  Chapter 2 of NW Area Plan states that:  “A single use should not substantially dominate an entire area designated as Mixed Use.”

The proposed PDD rezoning amendment states that TC-1 will include:  (a) a maximum of 200,000 sq. ft. of commercial/retail; (b) office space equivalent to a minimum of 20% (40,000 sq. ft.) of the commercial/retail space; and (c) a maximum of 300 dwellings.  On Sept. 24, 2004 , the applicant proposed adding a condition that a minimum of at least 100 residential units will be provided in TC-1, and that there will be a cap of 170,000 sq. ft. of office/institutional space.  Staff supports these conditions, which will improve the overall usage mix in TC-1.  

Tracts MR-5, MR-6 and MR-7:  The existing PDD zoning for Tracts MR-5, MR‑6 and MR-7 specify a minimum number of units: 296, 166 and 60 units respectively.  The tracts therefore correspond to the Northwest Area Plan’s designation of HDR (High Density Residential, 8 or more dwellings/acre).  This rezoning application proposes to lower the minimum number of units allowed to a medium density designation (minimum of 4 du/ac.).  This will require amending the NW Area Plan to designate those tracts as “Medium to High Density Residential” (“MDR to HDR”), rather than just “HDR.”  Given the supply of high density housing planned within and adjacent to the activity center, it is not unreasonable to expand the density options as proposed.  Staff supports the Plan amendment.

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 boundary of MR-5and MR-7.  No modifications are proposed to the surrounding open space as originally approved.  However, the open space north of MR-6 and south of MR-5 and MR-7 would also function as a greenway easement for future greenway construction in the open space.  A greenway easement is also proposed along the western side of the I-540 alignment.  

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)

The proposed amendments will not have measurable impacts to the Town’s overall utility system.

Traffic Impact Analysis

The revised TC-1 proposed is a reduction in trips generated. The reduction in number of units allowed within MR5, MR6 and MR-7 In the PDD does not change the trip generation.  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 acres  29.68 acres