06-REZ-21 Regency Park Planned Development District Amendment Staff Report to Town Council

Background Information   

Existing Zoning:  Zoning map  
Planned Development District (PDD) 

Requested Zoning:
Planned Development District Amendment   

Existing Zoning Conditions:  Tract 7:  180,000 square feet office

Conformity with Land Use Plan Designation:  Land Use map
Yes.  The adopted land use designation is Office and Institutional (OFC/INS).

Acreage:  Approximately 21.32

Location:  Vicinity map
Regency Parkway (north of Glade Park Road) 

Applicant:
Glenda Toppe
Jerry Turner & Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
gtoppe@jerryturnerassoc.com
(919) 851-7150 

Town of Cary Case Manager: 
Jennifer Currin, Planner II
316 N Academy Street, Cary, NC 27513
(919) 469-4342
jennifer.currin@townofcary.org

Summary of Requested Rezoning 

The maximum square feet of office currently approved for Tract 6 would remain unchanged to allow 115,000 square feet of office. The current PDD document caps the square feet of office between Tracts 6 and 7 to 295,000 square feet. This request would increase the maximum amount of office space between Tracts 6 and 7 to 355,000 square feet.  The applicant is also requesting that the Thoroughfare Corridor Buffer be reduced from 100’ to 50’. 

A.  Transportation
Existing Roadway Section:  Regency Pkwy. not constructed, 100’ ROW
Future Roadway Section:  2-3 lane collector road, 78’ ROW
Schedule: Not scheduled
Sidewalk Requirements:  Sidewalk required on both sides
Bicycle Requirements:  Wide outside lane or striped bike lane required
Transit Requirements:  No requirements 

B.  Traffic Impact Analysis:  The Traffic Impact Analysis (TIA) has been prepared by a Town traffic consultant. The Traffic Impact Study requires a left turn lane be installed at Regency & Richelieu to enter Regency Parkway. All study intersections operate at Level of Service (LOS) "D" or better with proposed improvements.

C.  Parks & Greenways:  Greenways and trails map
According to the approved Parks, Recreation, and Cultural Resources Facilities Master Plan there are no parks or greenways issues related to this site. 

3.  Reference Information 
Meeting Schedule: 
Town Council Public Hearing
Date:  October 12, 2006
Action:  Forwarded to the November 20, 2006 P&Z Board meeting    

Planning & Zoning Board: 
Date:  November 20, 2006
Action: P&Z Board recommended unanimous approval 9-0.

Town Council Action:
Date:  December 14, 2006
Vote:  

Applicant’s Justification Statement Submitted October 26, 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):

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?  The size of the tract is conducive to the land use being proposed.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The request is compatible with the comprehensive plan.  The Comprehensive Plan currently designates this tract for office.  No other changes are being proposed within the adopted PDD.

3. What are the benefits and detriments to the owner, neighbors and the community? The additional office square footage will help provide for the mix of uses that was originally envisioned for Regency Park.  The amendment will also provide an increased tax base to the Town.  Tract 7 is ideal for additional office development given its location adjacent to US 1 and its proximity to the interchange of US 1 & 64.  The Tract is adequately buffered from any proposed or existing residential development. The regulations in the Town’s LDO will provide adequate protection to the adjacent properties.
    
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? Other tracts in the vicinity of Tract 7 are currently developed for office.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified?  (PDD, new or amended)  Applicants must list these items and/or clearly highlight them within the Planned Development document.  The request is to reduce the Thoroughfare Corridor Buffer District from 100 feet to 50 feet.  This amendment also includes a request to reduce the Thoroughfare Corridor Buffer District from 100 feet to 50 feet.   A significant portion of the frontage along US 1 adjacent to Tract 7 is significantly above the highway; therefore the views into the site are obscured by the cut slopes along US 1.  Through a combination of grade difference and supplementary plantings, the intent of the requirements of the District will be met.    

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.

Changes since the Town Council Public Hearing:  There have been no changes to the PDD amendment since the Town Council public hearing.  

Staff recommendation on the rezoning:  The PDD amendment is consistent with the Town of Cary Comprehensive Plan. The applicant is requesting the reduction to the Thoroughfare Corridor Buffer along US 1 adjacent to Tract 7.  Although the applicant is requesting a reduction of the Thoroughfare Corridor Buffer from 100’ to 50’, the impact will be mitigated with supplemental plantings.  On Tract 7, the buffer is only separating the offices from US 1 Highway.  Staff recommends approval of this PDD amendment. 

Planning and Zoning Board Recommendation:  The Planning and Zoning Board voted 9-0 to recommend that Council adopt an ordinance allowing this request for the rezoning; it is consistent with the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable. The Board determined this action to be reasonable and in the public interest. 

Ordinance for Consideration

06-REZ-21 Regency Park Planned Development District Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 21.32 ACRES WHICH IS A PORTION OF THE REGENCY PARK PDD LOCATED along Regency Parkway (north of glade park road) owned by Triangle Regency LLc FROM PDD TO PDD Amendment To Allow an increase in the square footage of office space. 

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

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):  

Section 2:  That the Property is rezoned from PDD to PDD Amendment subject to the conditions set forth herein and in the Master Plan dated January 27, 2005 (and all supporting plans), and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.  

Section 3/4:  This ordinance shall be effective upon adoption but the PDD Amendment shall not become effective until a copy of the Master Plan Amendment and all supporting plans and/or documents dated December 14, 2006 have been approved by the Planning Department as consistent with this Council action.

(Signed)                                                                     Date:______________________