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

TOWN OF CARY CASE MANAGER

Beth Lewis, Senior Planner

Phone:  (919) 462-3944
Email:  beth.lewis@townofcary.org

PLANNING AND ZONING BOARD DISCUSSION

Concerns discussed by the Board included:  

• Was the currently approved use more intense than what is proposed?  The changes being proposed are less intense than the PDD as it currently approved.  The elimination of approximately 400,000 square feet of nonresidential uses combined with allowance of single family residential make this use of tract 3 much less intense..
• Was the proposal affecting the classification of the Cary Park Activity Center ? No, the adjacent activity center classification remains unchanged.

The Planning and Zoning Board forwarded this request to Town Council for approval. 

CHANGES SINCE PUBLIC HEARING

The applicant has not submitted changes to this request.

TOWN COUNCIL PUBLIC HEARING

No comments or issues were discussed regarding this request.

APPLICANT

OWNERS

Jerry Turner

Jerry Turner and Associates, Inc.

905 Jones Franklin Road

Raleigh , NC 27606

(919) 851-7150

FAX (919) 851-7547

jturner@jerryturnerassoc.com

Panther Creek Raleigh Limited Partnership

c/o Heathstone

55 Francisco Street

Suite 700

San Francisco , CA 94133-2111

LOCATION

MAPS & DOCUMENTS

Intersection of Cary Glen Blvd and Carpenter Fire Station Road

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

PROJECT DESCRIPTION

The Town Center 3 (TC-3) and Town Center 3a (TC-3a) sections of Cary Park were approved in 2002.  These sections were to include 200 residential units, 200,000 square feet of commercial uses and 200,000 square feet of office uses. This proposal deletes the commercial and office uses from TC-3 and leaves 200 residential units, developed at no less than 3.1 units per acre.  The previous approval included townhomes, condominiums and apartments as permitted uses.  This request adds single family detached residences to the permitted uses. This proposal includes retaining 30,000 square feet of commercial/office uses on Tract TC-3a.

Parcel

Minimum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

0735058037

3.1

29.38

200

N/A

Total

3.1

29.38

200

N/A

APPLICANT’S JUSTIFICATION STATEMENT

“ Cary Park is an approved PDD with a mix of housing types and range of densities.  When Cary Park was first approved, it was envisioned that Cary Park would be a major commercial and office node with a large portion of its residential development being either medium or high density.  With the changing conditions of the area, that node has shifted to the intersection of the future I-540 and Highway 55 interchange.  With this amendment, Cary Park will still have a Town Center area, but it will be smaller in scale.  Along with the request to delete the nonresidential square footage in TC-3, there is also a request to lower the minimum density and add housing types to TC-3.  The additional housing types are patio homes and cottage homes.  Given the higher densities that are already approved in Cary Park and the higher densities that are being proposed in the area of I-540 and Highway 55, there is a need for lower densities in Cary Park .  Even though the densities would be lower, there would still be people living in the Town Center area, thus allowing people to walk to shopping areas and places of employment.  The additional housing types would offer a wider range of housing options to people moving into the area.”

CURRENT ZONING CONDITIONS

PROPOSED ZONING CONDITIONS

·         The total number of multi-family units proposed for TC-3 and TC-3a is 200.  Residential types may include townhomes, condominiums, and apartments.

·         There will be a maximum of 200,000 square feet of commercial and 200,000 square feet of office.

·         The adopted NW Plan states that “at least half the MXD area should be used for medium to high residential development.  The development will comply as follows:

50% of total floor space for the first 200000 square feet of total floor space, then 33% of total floor space above 200000 square feet or another method that would be mutually acceptable to the Town of Cary and the developer in order for the development to meet the intent of the NW Cary plan.

·         Maximum height: 5 stories.

·         Sidewalks as per Conceptual Master Plan.

·         In TC-3 and TC-3a there shall be no building setbacks, interior buffers, or streetyards.

·         There is a 30-foot streetscape adjacent to Cary Glen Boulevard and Carpenter Fire Station Road .  There is a 100-foot Thoroughfare Corridor Buffer adjacent to I-540.  There is a 200-foot (average width) buffer adjacent to Morris Branch.  There is a 30-foot landscape strip adjacent to the outparcel along the eastern property boundary.

·         100 unused units in Cary Park PUD can be used in any of the Town Center parcels.

·         Trees will be saved in the required buffer and open space areas.  For undisturbed areas outside of the buffer and open space areas, the developer is prepared to place a conservation easement on these areas so long as passive recreational facilities are allowed.  These areas will be identified at the time of site plan approval.

·         At the time of the site plan approval, the development will be arranged to orient buildings, views and access towards the Morris Branch open space corridor to the extent feasible and practical given topography and housing product type and that the specific approach will be determined during site plan approval.

·         There will be a 30-foot public greenway easement provided along Morris Branch and along the future Western Wake Expressway.  Points of access between the development parcels and the multi-use paths will be provided.  The specific locations will be determined at the time of sit plan approval.

·         Carpenter Fire Station Road will be a 4-lane median-divided road within a minimum 110-foot right-of-way.

·         The development will provide upgraded pedestrian crossing(s) between TC-3 and TC-1/TC-2.  The specific design will be identified at the time of site plan approval.  Options include specialty pavers or other materials and providing pedestrian refuge space at the median subject to DOT approval.

·         If the town pursues grade-separated crossing, then the developer will participate in the cost (comparable financially to existing condition).

·         Affordable Housing: The developer agrees to work with the Town in developing an overall compliance and strategy and implementation plan that will be approved by the Planning Department within 60 days of Council action on the amendment. 

·         This parcel shall contain only residential uses.

·         The total number of dwelling units is 200. 

·         Residential types may include townhomes, condominiums, apartments, patio homes, and single family detached units.

• The minimum density is 3.1 units per acre.

·         The total number of multi-family units proposed for TC-3 and TC-3a is 200.  Residential types may include townhomes, condominiums, and apartments.

·         There will be a maximum of 200,000 square feet of commercial and 200,000 square feet of office.

·         The adopted NW Plan states that “at least half the MXD area should be used for medium to high residential development.  The development will comply as follows:

50% of total floor space for the first 200000 square feet of total floor space, then 33% of total floor space above 200000 square feet or another method that would be mutually acceptable to the Town of Cary and the developer in order for the development to meet the intent of the NW Cary plan.

·         Maximum height: 5 stories.

·         Sidewalks as per Conceptual Master Plan.

·         In TC-3 and TC-3a there shall be no building setbacks, interior buffers, or streetyards.

·         There is a 30-foot streetscape adjacent to Cary Glen Boulevard and Carpenter Fire Station Road .  There is a 100-foot Thoroughfare Corridor Buffer adjacent to I-540.  There is a 200-foot (average width) buffer adjacent to Morris Branch.  There is a 30-foot landscape strip adjacent to the outparcel along the eastern property boundary.

·         100 unused units in Cary Park PUD can be used in any of the Town Center parcels.

·         Trees will be saved in the required buffer and open space areas.  For undisturbed areas outside of the buffer and open space areas, the developer is prepared to place a conservation easement on these areas so long as passive recreational facilities are allowed.  These areas will be identified at the time of site plan approval.

·         At the time of the site plan approval, the development will be arranged to orient buildings, views and access towards the Morris Branch open space corridor to the extent feasible and practical given topography and housing product type and that the specific approach will be determined during site plan approval.

·         There will be a 30-foot public greenway easement provided along Morris Branch and along the future Western Wake Expressway.  Points of access between the development parcels and the multi-use paths will be provided.  The specific locations will be determined at the time of sit plan approval.

·         Carpenter Fire Station Road will be a 4-lane median-divided road within a minimum 110-foot right-of-way.

·         The development will provide upgraded pedestrian crossing(s) between TC-3 and TC-1/TC-2.  The specific design will be identified at the time of site plan approval.  Options include specialty pavers or other materials and providing pedestrian refuge space at the median subject to DOT approval.

·         If the town pursues grade-separated crossing, then the developer will participate in the cost (comparable financially to existing condition).

• Affordable Housing: The developer agrees to work with the Town in developing an overall compliance and strategy and implementation plan that will be approved by the Planning Department within 60 days of Council action on the amendment. 

CURRENT USE & ZONING

Current Land Use:  Mixed Use (MXD) 

The property is currently vacant.

Proposed Land Use:  Medium Density Residential (MDR) 

The proposed use is residential, not less than 3.1 units per acre.

Current Zoning: Planned Development District (PDD) Major

Proposed Zoning: Planned Development District (PDD) Major

ADJACENT USE & ZONING

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Vacant

Planned Development District (PDD) Major, Cary Park

High Density Residential (HDR)

East:

Vacant

Planned Development District (PDD) Major, Cameron Pond

High Density Residential (HDR)

South:

Vacant

Planned Development District (PDD) Major, Cary Park
Office and Institutional Conditional Use (OICU)
Residential 40 (R-40)

Mixed Use (MXD), Office & Institutional (OFC/INS), and Medium Density Residential (MDR)

West:

Vacant

Planned Development District (PDD) Major, Cary Park

Mixed Use (MXD) and High Density Residential (HDR)

PLANNING

Comprehensive Plan Analysis

The proposal would restrict uses in the TC-3 area to residential only, with density at 3.1 to 10 dwelling units per acre.  Therefore, a land use plan amendment will be required to change TC-3 from Mixed Use (MXD) to Medium to High Density Residential (MDR to HDR).  (Note: A graphical change will need to be made to Map 1: Future Land Use of the Northwest Area Plan map to remove Note 11 from the proposal area.)  

A mix of nonresidential and medium-to-high density residential uses was originally requested for this parcel by the property owners during development of the Northwest Area Plan in 2002.  The final adopted version of the Northwest Area Plan reflected the request.  The current rezoning request seeks to remove the nonresidential uses, but keep the medium-to-high density residential uses for the property.  The removal of the nonresidential component of TC-3 is reasonable given the ample provision for commercial space that already exists in the Cary Park town center.  

Also, with the Town’s recent launch of the Regional Center West ( Alston Regional Activity Center ) initiative, a downsizing of the Cary Park town center’s commercial area is understandable.  Although non-residential uses would be removed from TC-3, the proposal does retain a desired residential density range in support of this Community Activity Center , and TC-3a remains intact.  Other factors in this proposal, such as the 200’ corridor along Morris Branch, orientation of development to the corridor, and pedestrian connectivity, are in keeping with the goals of the Northwest Area Plan.  Staff therefore supports this requested Plan Amendment.

Parks and Greenways

The previous zoning conditions had the following conditions which still apply:

1. There will be a 30-foot public greenway easement provided along Morris Branch and along the future Western Wake Expressway.  Points of access between the development parcels and the multi-use paths will be provided.  The specific locations will be determined at the time of site plan approval.

2. At the time of the site plan approval, the development will be arranged to orient buildings, views and access towards the Morris Branch open space corridor to the extent feasible and practical given topography and housing product type and that the specific approach will be determined during site plan approval.

3. The development will provide upgraded pedestrian crossing(s) between TC-3 and TC-1/TC-2.  The specific design will be identified at the time of site plan approval.  Options include specialty pavers or other materials and providing pedestrian refuge space at the median subject to DOT approval.

4. If the town pursues grade-separated crossing, then the developer will participate in the cost (comparable financially to existing condition).

5. Trees will be saved in the required buffer and open space areas.  For undisturbed areas outside of the buffer and open space areas, the developer is prepared to place a conservation easement on these areas so long as passive recreational facilities are allowed.  These areas will be identified at the time of site plan approval.

Transportation Planning

There are no transportation issues related to this amendment based on the Comprehensive Transportation Plan.

School Information

Since the number of residential units remains unchanged, school information is not applicable.

ENGINEERING

Environmental Considerations

The project is located in the Jordan Lake watershed and will be required to meet 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 the property.

Utilities (Water and Sewer)

The developer of Cary Park Planned Development District (PDD) has installed major water and sewer lines serving the PDD. This proposal reduces demands on Town of Cary water and sewer capacities.

Traffic Impact Analysis

This proposal reduces the approved trips from the traffic impact study by WSA dated January 2003. No additional study required.

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s)