Rezoning Case 06-REZ-01
Regency Park Planned Development District (PDD) Amendment 
Staff Report to Town Council

    1.  Background Information 

Current Zoning: Planned Development District (PDD) Major; Commercial Designation.  Zoning Map

Proposed Zoning: Planned Development District (PDD) Major Amendment to add Multi-Family Residential and allow Mixed Use.

Conformity with Land Use Plan:  Land Use Map
A Comprehensive Land Use Plan Amendment was required and case 06-CPA-01 was approved by Town Council on June 22, 2006 to allow the proposed uses. 

Acreage:  Approximately 13.00 

Street Address/Location:  Vicinity Map
Intersection of Ederlee Road and Regency Parkway 

Applicant:
Regency 1^st, LLC
10704 Debmoor Place
Raleigh, NC 27614 

Applicant’s Contacts:
Mark Miller
(919) 291-2735
Or
Jonathan Hayward
3500 Regency Parkway, Suite 240
Cary, NC 27511
(919) 238-5107
jhayward@khov.com

Town Of Cary Case Manager:
Debra Grannan, Senior Planner
(919) 460-4980
debra.grannan@townofcary.org

2.  Summary of Requested Rezoning    

A.  Transportation:
Adjacent/nearby roadways on our Transportation Plan: Ederlee Drive     
Existing Roadway Section: 4-lane median divided approximately 85 ft. right-of-way (ROW)
Future Roadway Section: 4-lane median divided 100 ft. ROW
Schedule: N/A
Sidewalk Requirements: sidewalk on both sides
Bicycle Requirements: Wide outside lane required
Transit Requirements: Reserve right-of-way for future 5 ft. by 12 ft. bus stop shelter 

B.  Traffic Impact Analysis: 
The existing zoning will generate higher traffic volumes than the proposed PDD land use plan. Therefore, no traffic impact study is required for rezoning. A traffic impact study may be required for site plan. A Traffic Impact Study was prepared for this property by Town traffic consultant HNTB dated 2001. 

C.  Parks & Greenways:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, a connection to the Swift Creek Greenway is proposed along the southern edge of this site. If the land is subdivided into residential units a Payment-in-Lieu will be required. 

3.  Feedback at Town Council Public Hearing:  The president of the adjacent Lion’s Gate Subdivision spoke on behalf of the neighborhood and expressed opposition to the building height and high density.  A second citizen expressed concerns about increased traffic, impact on area schools and the visual impact of a 150’ foot building.  Town council asked for clarification on building height requirements and for more information about the topography and stream buffer location on the site.  Staff indicated that the applicant had not provided a rendering or layout of the site.  Town Council recommended that the applicant meet with adjacent property owners to address their specific concerns, and submit a more comprehensive design plan.  

Changes since Town Council public hearing: None 

4.  Staff Observation on Rezoning

• The requested rezoning is only consistent with the Cary Land Use Plan if specific details regarding the percentages and types of mixed use proposed on the site are submitted for review and deemed appropriate by the Town Council.
• The applicant has not met with adjacent property owners or presented staff with requested details pertaining to use, building design or specific location on the property.
• No reductions have been made in the overall building height or unit count.

Staff recommends denial of the PDD Amendment. 

The Planning and Zoning Board voted unanimously 9-0 to deny the request for a PDD Amendment for the reasons cited by staff in this report. 

Changes since the Planning and Zoning Board meeting:  None  

6.  Town Council Motion Options:  (Ordinances are at the end of this report) 

06-REZ-01

TO ADOPT
Motion #1

(Required Town Council statement for adopting any zoning amendment) 

The proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest for the following reasons:  

[Vote] 

Motion #2

(To amend zoning map)

To adopt the ordinance amending the zoning map by designating the uses of the Regency Park PDD, as set forth in associated documents and as referenced in the Ordinance. 

[Vote] 

TO DENY

Motion #1

(Required Town Council statement for rejecting any zoning amendment) 

This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because of the reasons stated by staff in this report. 

7.  Reference Information

Meeting Schedule: 
Town Council Public Hearing
Date:  March 9, 2006
Action: Town Council forwarded the request to the July 17, 2006 Planning and Zoning Board meeting.

Planning & Zoning Board
Date:  July 17, 2006
Action:  Planning and Zoning Board forwarded the request to Town Council with a recommendation for denial.

Town Council Action
Date:  August 10, 2006

Applicant’s Justification Statement:  January 30, 2006 (Please note the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary):     

Regency Park is a 655.24 acre Planned Development District (PDD).  An amendment to the PDD is being proposed.  The acreage for the amendment is 12.89 acres.  The amendment proposes a change in the current land use within Regency Park PDD. The current land uses for this portion of the PDD include; commercial and the comprehensive plan which includes Office and Institutional.  The amendment proposes mixed use with high density residential (condos).  The Town’s adopted Land Use plan for this area shows commercial.  This is based on the current approved Land Use Plan for Regency Park PDD.  With this submittal is a request to amend the Town’s adopted land use plan.  

The proposed Regency Park PDD Amendment reflects the changes that have happened since the adoption of Regency Park PDD.  Residential development has occurred adjacent to the proposed amendment as well as the immediate surrounding areas.  This includes Lion’s Gate and the most recent tracts adjacent to Lucent Technologies, Regency Park Estates and Barrington.  The proposed mixed use and high density residential land uses will create a more well balanced mixed use PDD.  The HD Residential will maximize the use of the site (which only 5 of the 12.89 acres are usable.)  Also, the proposed amendment will have a positive economic impact on the revenue that the amended property will generate for the City of Cary.  Finally, the proposed amendment is effectively a “down zoning” and thus will be a positive impact.  All of the above reasons justify a change to the Town’s adopted Land Use Plan and the amendment to Regency Park PDD.  The proposed revision provides for a minimum of 180 residential units.  The number of residential units may increase. There are 7.99 acres of area that will not be disturbed within the tract of 12.89 acres or 62% of the site.  

The current Traffic Impact Study (01-TAR-113) was prepared by Town traffic consultant
HNTB dated March 2001. This study looked at the impacts of a 240, 000 sq.ft
office complex.  The proposal will generate much less traffic than the office complex for which it is currently zoned. As a result, a TIA will not be required for rezoning. This TIA is good for five years.  Recent traffic studies in this area show all intersections along Regency Parkway operate at a good level of service "C".  Also, the entrance will be at the intersection of Ederlee Drive and Regency Parkway, where they two new stop lights are going in.  

The benefits to the neighbors and community include:  “down zoning” property from commercial to residential.  Property backs up to residential (Lion’s Gate) and nature preserve, less traffic, increased property values, and noise. All applicable greenway requirements will meet the Town’s requirements.  

Schools:
The school information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.  

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2004 as supplied by the Wake County Public School System.  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 unit type, number of bedrooms, dwelling size, and other factors.

Development Plan Issues:  
The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http:vic.townofcary.org.

8.  Ordinance for Consideration

06-REZ-01 Regency Park PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 12.89 ACRES LOCATED at the intersection of Ederlee Road and Regency Parkway.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

Section 1:  The Official Zoning Map is hereby amended by rezoning from PDD to PDD Amendment the area described as follows: 

Section 2:  That the rezoning from PDD to PDD Amendment is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines.

Section 3:  This property will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance.  

Section 4:  Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO.

(Sign)