REQUEST FOR REZONING

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

Rezoning Petition:	05-REZ-01 Arboretum Planned Development District (PDD) Amendment
Land Use Plan Amendment:	N/A

Meeting	Date	Staff Recommendation	Action
Town Council Public Hearing	March 10, 2005	Forward to the May 16, 2005 Planning Board meeting	Forwarded to Planning Board as recommended
Planning and Zoning Board	May 16, 2005	Staff recommends approval of the request	The Planning Board voted 8 to 2 to approve the request.
Town Council	June 9, 2005	Staff recommends approval of the request

TOWN OF CARY CASE MANAGER
Bob Benfield, Senior Planner	Phone: (919) 469-4045 E-mail: bob.benfield@townofcary.org

STAFF RECOMMENDATION

Staff recommends approval of the request because it complies with the criteria established in Sec. 4.2.3(D) of the Land Development Ordinance for consideration of approval of a PDD request:

(1) Uses Allowed

A planned development may contain any or all of the uses specified in the approved PDD master plan, provided such uses are consistent with the Comprehensive Plan.

(2) Mixed Uses Encouraged

(a) Mixed use developments are strongly encouraged in the PDD zoning districts, including the mixing of principal residential uses with principal non-residential uses.

(b) Planned developments containing both residential and non-residential uses shall be designed, located, and oriented on the site so that non-residential uses are directly accessible to residents of the development.

(3) Applicable Standards

(a) Development in a PDD district shall be subject to all applicable overlay district regulations in Chapter 4, all applicable use regulations set forth in Chapter 5, and all applicable general regulations set forth in Chapter 7, unless otherwise waived or modified by the Town in the terms of the approved master land use plan.

(b) Notwithstanding paragraph (a) above, in no case shall the decision-making body waive or modify the following standards for a proposed PDD zoning district:

1. Zones 1, 2, and 3 of stream buffers;

2. Design guidelines;

3. Adequate public facility ordinance requirements;

4. Ownership requirements for any open space, buffers, or streetscapes unless otherwise permitted within this Ordinance;

5. Street connectivity requirements;

6. Sidewalk and greenway requirements;

7. Activity Center requirements (if applicable);

8. Stormwater control requirements, and

9. Nitrogen reduction requirements

PLANNING AND ZONING BOARD ACTION

The Planning and Zoning Board voted 8 to 2 to recommend approval of the request.

Concerns Discussed:

General parking needs of the development as compared to the amount of parking provided.
The need for bicycle racks and the removal of signs prohibiting bicycles on the property. (This issue will be addressed through the review and approval of the remaining sections of development within the Arboretum.)

Reasons for Majority Vote:

The Planning Board felt that the change in use from hotel to condominium was in keeping with the mixed use designation for the property and the number of condominium units proposed was appropriate for residential development within a Regional Activity Center .

Reasons for Dissenting Vote:

Concerns regarding the amount of parking to be provided as compared to actual amount of parking needed to satisfy overall parking needs of the development. (This issue is being reviewed by the Planning and Development Committee separate from this request.)

APPLICANT	OWNERS
Chuck Smith Withers & Ravenel, Inc 111 MacKenan Dr Cary , NC 27511 Phone: (919) 469-3340 FAX: (919) 467-6008 E-mail: csmith@withersravenel.com	Cary Arboretum LLC c/o Tim Smith P.O. Box 3557 Cary , NC 27519

LOCATION

MAPS

301 Weston Parkway

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

Arboretum Master Plan Map

PROJECT DESCRIPTION

This request would amend the Arboretum Master Plan by replacing the 321 room hotel, associated retail area and 67,400 square feet of condominium space with 232 attached dwelling units.

Parcel

Current PDD

Proposed PDD

AR-1, 4.0 ac

· 32,000 square feet (approximate) office and Commercial uses

· 321 room Hotel

· 67,400 square feet of condominium

(The approved Master Plan allows 131,600 square feet of office and commercial development within Arboretum. It is estimated that 32,000 square feet of office and commercial development is associated with the hotel use.)

· 232 condominium units

SC-1, 9.11 ac

· 100,000 square feet (approximate) office, commercial and condominium uses

· 100,000 square feet maximum of office and commercial uses

Parcel	Maximum Density (Du/Ac)	Acreage	Total Units	Minimum Lot Size
AR-1	58 du/ac	4.0 (area excluding perimeter buffers)	232	N/A
Total		4.0	232

APPLICANT’S JUSTIFICATION STATEMENT

The Arboretum is a 13.11 acre planned development that combines a mix of nonresidential

uses and high density residential uses to establish a true mixed use development in the middle of the North Cary Regional Activity Center . The purpose of this amendment is to revise the approximately 4 acre hotel site by eliminating the hotel use from the site and expanding the residential use. The non-residential portion of the site will not be amended.

PROPOSED ZONING CONDITIONS

N/A

CURRENT USE & ZONING
Current Land Use: Mixed Use Development (MXD)	Proposed Land Use: Mixed Use Development (MXD)

Current Zoning: Planned Development District Minor (PDD Minor)	Proposed Zoning: Planned Development District Minor (PDD Minor)

ADJACENT ZONING & LAND USES
	Existing Use	Existing Zoning	Existing Land Use Designation
North:	Office and commercial	Office & Institutional (O&I) and General Commercial (GC)	Commercial (COM)
East:	Residential single-family	Office & Institutional Conditional Use (O&I CU) Residential-40 (R-40)	Office & Institutional (O&I) and Low Density (LDR)
South:	Vacant	Office & Institutional Conditional Use (O&I CU) Residential-40 (R-40)	Office & Institutional (O&I) and Medium Density (MDR)
West:	Residential single-family	Office & Institutional Conditional Use (O&I CU) Residential-20 (R-20)	Office & Institutional (O&I) and Low Density (LDR)

PLANNING

Comprehensive Plan Analysis

The Arboretum Master Plan provides for a mix of commercial, office and residential development. The commercial, office and residential mix of uses would be retained, therefore no Land Use Plan amendment is required.

Parks and Greenways

There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan.

Transportation Planning

Sidewalks will be required on both sides of all thoroughfares and collector roads and on at least one side of all residential streets. This location is within the C-Tran service area.

School Information

	Enrollment	Permanent Seat Capacity	Average Percent Occupied	Projected Number of Additional Students
Assigned Schools
Reedy Creek Elementary	793	770	103%	40
Reedy Creek Middle	737	850	87%	21
Cary High	2410	2446	99%	28
Total for all Assigned Schools	3940	4066		89
Current Enrollment and Permanent Seat Capacity are based on data for the school year 2004-2005 as supplied by the Wake County Public School System. Actual school assignment will be determined at the time of development.
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 unity 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.

ENGINEERING

Environmental Considerations

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

Utilities (Water and Sewer)

There are existing Town of Cary public water and sewer on the property.

Traffic Impact Analysis

This proposal will reduce the number of trips approved in 1999. The rezoning approval for the Arboretum was May 1998. The Arboretum site plan (03-SP-026) was approved March 31, 2003 .

Landuse	Size	AM Peak	PM Peak
Retail	40,600 sq.ft.	42	152
Quality Restaurant	36,100 sq.ft.	0	270
Health Club	10,000 sq.ft.	3	43
Office	13,500 sq.ft.	21	20
Condominiums	232 DU's	102	125
Total Proposed Trips		168	610
Approved TIA Trips May 1999 - WSA		439	762
Reduction in trips		-271	-152

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s)	Real Estate ID(s)	Area (Acres)
Cary Arboretum LLC	0765755955 (portion of)	0158997	13.11 ac.

CURRENT USE & ZONING

PLANNING

PARCEL & OWNER INFORMATION