06-REZ-11 Cary Creek Property Staff Report to Town Council 

Background Information

Revised Staff Report to Town Council 

This staff report and Ordinance corrects a typographical error discovered in the rezoning staff report for this case that was approved by Town Council at its regular meeting on July 27, 2006.  The staff report for July 27 correctly noted that no changes had occurred subsequent to Planning and Zoning Board action on July 17, 2006.  However, that report inadvertently added two additional uses to the list of excluded uses for the GC-CU district and three additional uses to the list of excluded uses for ORD-CU districts in the report and its Ordinance text.  Both the GC-CU and ORD-CU districts inadvertently included “veterinary hospital/office with outdoor kennel” and “kennel, indoor/outdoor” in the list of excluded uses.  In addition, the ORD-CU districts inadvertently added “towing and vehicle storage” to the lists of excluded uses. 

The applicant never proposed to exclude those uses as part of their case application, and hence the Council action and Ordinance needs to be corrected.  This staff report and Ordinance removes those uses from the lists of excluded uses.

Existing Zoning, Base Districts:  Zoning map
General Commercial Conditional Use (GC-CU), Office, Research, and Development Conditional Use (ORD-CU), Residential Multi-Family Conditional Use (RMF-CU) 

Existing Zoning, Overlay Districts:  Regional Activity Center Overlay District with associated Alston Regional Activity Center Concept Plan; Jordan Lake Watershed Overlay District 

Requested Zoning, Base Districts:  Same districts, with changes to conditions.  

Requested Zoning, Overlay Districts:  No change 

Acreage:  Approximately 92.11 

Location:  Vicinity map
Alston Avenue near the intersection with NC Highway 55 

Applicant:
Joe Dye
American Asset Corporation
8010 Arco Corporate Drive, Suite 114
Raleigh, NC 27601
(919) 821-2700
jdyeaacusa.com

Applicant’s Contact:
Travis Morehead
Elam, Todd, d'Ambrosi-ETD, PA
2880 Slater Road,  Suite 200
Morrisville, NC 27560
tmorehead@etdpa.com 

Town of Cary Case Manager:  
Scott Ramage, Principal Planner
316 N. Academy Street, Cary, NC 27513
(919) 462-3888
scott.ramage@townofcary.org

Rezoning Application Details  

A.  Nature of the Rezoning Request: 
The rezoning request affects two properties, one having 87.7 acres, and one having 4.34 acres.  The 87.7-acre property (Real Estate ID 0319337) is currently split-zoned between three different conditional use zoning districts:  General Commercial Conditional Use (GC-CU) covering the northern 26.9 acres, Office, Research, and Development Conditional Use (ORD-CU) covering the central 23.7 acres, and Residential Multi-Family Conditional Use (RMF-CU) covering the southern 37.2 acres.  The 4.3-acre property (Real Estate ID 0082438) is currently zoned Office, Research, and Development Conditional Use (ORD-CU).

The applicant requests to amend the zoning conditions in order to remove conflicts between the existing conditions and the requirements and specifications of the Alston Activity Center Concept Plan, approved under the Regional Activity Center Overlay District, so that future site plans submitted for the parcels can fully conform with the design guidelines and requirements of the Alston Concept Plan. 

B.  Existing and Proposed GC-CU District Conditions (Real I.D. 319337): 

 (Existing conditions were established in 1987 by case Z-434-87-2)

C.  Existing and Proposed ORD-CU District Conditions (Real I.D. 0319337): (conditions established in 1987 by case Z-434-87-2):

D.  Existing and Proposed RMF-CU District Conditions (Real I.D. 0319337): (conditions established in 2003 by case 03-REZ-06):

E.  Existing and Proposed ORD-CU District Conditions (Real ID 0082438): (conditions established in 2001 by case 01-REZ-08):

Meeting Schedule: 
Town Council Public Hearing
Date:  May 11, 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:  The Board unanimously recommended approval 9-0 of the requested zoning amendment, and forwarded the case to the July 27, 2006 Town Council meeting for action.  

Town Council Action:
Date:  July 27, 2006
Action:  Council voted to approve the requested amendments to the Conditional Use Districts, as described in this report.

Applicant’s Justification Statement Submitted (March 27, 2006)
(Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary):   

The purpose of this request is to eliminate zoning conditions that prevent the development of these parcels under the recently adopted Alston Activity Center Concept plan.  Many of these conditions would effect how the Alston design would be accomplished and therefore we would request that they be removed.    

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

1.  Any issues with the size of the tract?  There are no issues with the size of the tract of land.    

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?  Yes, this request is compatible with the Comprehensive land use plan.  This request is compatible because the activity center has already been established and is far more restrictive than the base zoning with regard to uses, open space, and circulation.  In fact, this rezoning request is necessary for the fulfillment and intent of the Alston Activity Center Concept Plan. 

3.  What are the benefits and detriments to the owner, neighbors and the community?  Removing the existing conditions is beneficial in that if the conditions remained the “Alston vision” density and connectivity would not come to fruition.  For example the proposed density on the Residential Multi-family would be limited to 350 units instead of the 590 approved in the Alston Plan.  The existing conditions would also limit the site to one means of access onto Hwy 55.  All of the documents in the Alston plan contain at least two connections to Hwy 55. 

4.  How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?  We are not proposing any uses that are not already allowed in the district under the Alston Activity Center Concept Plan.  The request is simply to remove existing conditions that inhibit the development of the Alston Activity Center Concept Plan. 

Reference Information

A.  Compliance with the Comprehensive Plan:  Land use map
Both the existing and requested zoning conform to the Comprehensive Plan.  The most relevant governing elements of the Comprehensive Plan for the subject parcels are the district master plan – the Northwest Area Plan, plus the Comprehensive Transportation Plan, and the Parks, Recreation, and Cultural Resources Master Plan.  The requested rezoning is in compliance with all these elements.  The Comprehensive Plan recommends the parcel develop as part of a large, mixed-use regional activity center, and the mix of zoning districts for the subject parcels supports that vision.   There is also nothing inherent in the rezoning request that is contrary to the recommendations for parks, greenways, open space, or transportation facilities.

B.  Specifications for Adjacent/Nearby Roadways:   

NC Highway 55: 

• Existing Roadway Section: 2 lanes, 170 ‘ROW
• Future Roadway Section: 6-lane median divided section
• Schedule: Current NC 55 project Petty Farm Rd. south to US 64
• Sidewalk Requirements: required on both sides
• Bicycle Requirements: 14’ wide outside lane

North-South Collector and East-West Collector (to run north-south and east-west through the site):  

• Five available cross-sections are specified in the Alston Activity Center Concept Plan under the Activity Center Overlay District.  Sections typically have sidewalks on both sides, and 12-foot travel lanes.  On-street parking is available in several of the available cross-sections. 

C.  Transit Requirements:  Bus shelter or pull-out required 

D.  Traffic Impact Analysis (TIA):  A TIA is not required for this zoning case, since the proposed changes do not affect trip generation under the base zoning.  However, a draft Traffic Impact Study has been prepared for a site plan currently under review for the northern half of the subject tracts.  That study is being performed by Town traffic consultant, HNTB, dated March 2006 for the commercial parcel. The study is based on 433,500 sq. ft. of retail and 52,000 sq. ft. of office.   

E.  Parks & Greenways:  Greenways map
According to the PRCR Facilities Master Plan and the Alston Activity Center Concept Plan, a greenway is required along the Nancy Branch Stream as well as a north-south multi-use trail along the north-south collector.  The greenway and multi-use trail will be required to be built to Town standards as part of the activity center. F.  Schools

None of the proposed changes to zoning conditions affect the residential yield or number of students that might be generated from the RMF-CU site.  Therefore, no school impact information is provided.   

G.  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, storm water 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.  

Feedback at Town Council Public Hearing:

No citizens or Council members spoke at the public hearing. 

Changes since Town Council Public Hearing

The applicant originally proposed to remove all conditions from all the districts.  The application now includes conditions that exclude uses that would not otherwise be allowed under the Alston ACCP. 

Staff Observation on Rezoning:

A.  Background

Existing Conditions and the Alston Activity Center Concept Plan:  Under the LDO, certain types of existing conditions tied to the base zoning apply to the subject parcel regardless of the nature of any Activity Center Overlay District and Concept Plan.  This is the case for some of the conditions tied to these two parcels, where certain existing conditions are in conflict with the Activity Center Overlay District and its associated Alston Concept Plan (such as the internal buffers or unit caps).  Such conditions make it impossible for future site plans submitted under the Activity Center Overlay District to be in full compliance with the Alston Plan.  Thus, some of the existing conditions need to be removed or updated in order to allow future site plans to be submitted consistent with the Alston Plan.  

Following adoption of the Alston Activity Center Overlay District and Concept Plan in March 2006, staff informed the applicant that it would be advisable to seek a rezoning amendment that would remove or update conditions that are in conflict with the Alston Plan.

B.  Analysis of Proposed Amendments to Zoning Conditions

An analysis of the impact of changing or removing the existing conditions for each of the Conditional Use districts is given in the tables below: 

Impact of Proposed GC-CU District Amendments (Real Estate ID 0319337):

Impact of Proposed ORD-CU District Amendments (Real Estate ID 0319337):

Impact of Proposed RMF-CU District Amendments (Real Estate ID 0319337):

Impact of Proposed ORD-CU District Amendments (Real Estate ID 0082438):