06-REZ-26 Village at the Park Planned Development District Amendment 
Rezoning Staff Report to the Town Council

Background Information

Existing Zoning:  Zoning map

Planned Development District (PDD)

Existing Zoning Conditions

Tract 1:
Office:  272,028 square feet
Retail:  66,335 square feet
Multi-family dwelling units:  45 units

Requested Zoning:  Planned Development District (amended)

Proposed Zoning Conditions
Tract 1:
Multi-family dwelling units:  300 units

Land Use Plan Designation:  Land use map

The recommended future land use for the parcel is Mixed Use (MXD).  The parcel is also located within a larger mixed-use Neighborhood Activity Center (NAC), where a focused mix of commercial, office, and residential uses are recommended across the entire activity center, taken as a whole.  Therefore, no Comprehensive Plan Amendment (CPA) is required.

Acreage: 
Underwood Tract 1 is approximately 15.17 (portion)
38.93 calculated acres; 40.30 deeded acres
Total acreage for tracts 1, 2 and a portion of 4 (per MapInfo)

Location:  Vicinity map  
Physical address is 2932 Alston Avenue; NE intersection of Alston Avenue and Kit Creek Road and NW intersection of NC 55 Highway and Kit Creek Road  

Applicants:  
Mike Underwood
Woodfield Investments
11425 Horseman’s Trail
Raleigh, NC 27613

(919) 341-3034
munderwood@woodfieldinvestments.com  

Applicant’s Contact:
JW Shearin
2880 Slater Road

Morrisville, NC 27560

(919) 481-2021
jwshearin@etdpa.com  

Town of Cary Case Manager:
Kevin Hales, Planner II
316 N Academy Street
Cary, NC 27513
(919) 462-3944
kevin.hales@townofcary.org  

Summary of Requested Rezoning  

A.  Transportation  

Alston Avenue:
Existing Roadway Section:  2 lanes, 60’ Right-of-way (ROW)
Future Roadway Section:  4 lane median-divided, 100’ ROW
Schedule:  proposed 2009/2010 CIB Alston project
Sidewalk Requirements:  Required on both sides
Bicycle Requirements:  14’ wide outside lanes required
Transit Requirements:  
None required  

NC 55 Highway:
Existing Roadway Section:  4-lane median divided under construction, 100’ Right-of-way (ROW)
Future Roadway Section:  6-lane median divided, 124’ ROW
Schedule:  4-lane improvements under construction
Sidewalk Requirements:  Required on both sides
Bicycle Requirements:  14’ wide outside lanes required
Transit Requirements:  
None required  

Kit Creek Road:

Existing Roadway Section:  2-lane, 100’ Right-of-way (ROW)
Future Roadway Section:  6-lane median divided, 124’ ROW
Schedule:  N/A
Sidewalk Requirements:  Required on both sides
Bicycle Requirements:  14’ wide outside lanes required
Transit Requirements:  
None required

B.  Traffic Impact Analysis: 
This proposal appears to be a reduction in trips from previously approved Village of the Park PDD. Traffic Impact Study (01-TAR-125) remains valid.

C.  Parks & Greenways:  Greenways and trails map
Per the approved re-zoning, the construction of a 10’ wide multi-use trail is required along NC Highway 55.  In addition, PRCR requests that the applicant consider continuing the 10’ wide, Alston Avenue multi-use trail along the west side of the property.    

Reference Information

Meeting Schedule: 

Town Council Public Hearing
Date:  December 14, 2006

Action: 
Forwarded to Planning and Zoning Board  

Planning & Zoning Board:
Date:  April 16, 2007
Action:  Forwarded to May 24, 2007 Town Council meeting for final action

Town Council Action:
Date:  May 24, 2007

Parcel and Owner Information

Property Owner(s)

County Parcel Number PIN 10

Real Estate ID(s)

Area/Acres

Harold G Bagwell & Alston 55 LLC
PO Box 1700
Garner, NC 27529-1700

0736088344 (portion)

0302129

    15.17 (portion)

Total Acreage

 

 

    15.17 (portion)

Summary of proposed amendments to existing Village at the Park PDD (PDD Master land use map)

REQUESTED LAND DEVELOPMENT AMENDMENT

Underwood
Tract 1

Acres
Existing/Proposed

Maximum Units Existing/Proposed

Maximum Density
Existing/Proposed

Minimum Lot Size
Existing/Proposed

 

15.17 / 15.17 acres

Office: 272,028 / 0 square feet
 

Retail: 66,335 / 0 square feet
 

Multi-family Dwellings : 45 / 300

N/A

N/A

Applicant’s Justification Statement Submitted September 25, 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 reductions to the previously approved Planned Development document will eliminate any size issues because it will allow for more innovative design as well as pedestrian interconnectivity.  

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 because it will act as the residential component with the entire Village at the Park Planned Unit Development creating an undeniable mixed-use component.  

3.  What are the benefits and detriments to the owner, neighbors and the community?

The Village at the Park will be a significant asset to West Cary, and one that will demonstrate the excellence that can be achieved through mixed-use development.  Its location is convenient to Research Triangle Park and will not only reduce trips to the Park for those that live within the development, but also benefiting the entire community by reducing the impact of traffic on surrounding areas.  

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?

The initial rezoning was done as a Planned Unit Development because of this all of the uses on adjacent tracts were planned and designed to benefit the other to create a unique development – the sum of the whole is greater that the parts.

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.

Please see pages 4A and 4B of the Planned Development document for a breakdown in square footage reductions on tract 1 and 2. 

Schools

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

School Information

Assigned Schools

20th Day Enrollment

Permanent Seat
Capacity

Average
Percent
Occupied

Projected Range of Additional
Students*

Cedar Fork Elementary

  594

  761

 80%

5-89  

West Cary Middle

  1119

  1014

110%

0-58

Panther Creek High(9-10)

  893 

  1663

  54%

0-47 (total high school)

Green Hope High (11-12)

  2085

  1843

113%

0-47 (total high school)

Total Projected range of additional students

5-194

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2006-2007 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.  The basis for making this calculation is based on multipliers provided by the Wake County Schools Office of Student Assignment.  During the rezoning process, student yield can not be accurately determined due to unknown variables. 

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 Public Hearing

No changes have been made to the proposed amendment since the Public Hearing.

Feedback at the Public Hearing

Staff presented the rezoning case to Council and the Applicant was on hand to respond to concerns raised by Council.  There were no citizens present to speak for or against the project.  Council expressed concerns regarding the conversion of Office land to Multi-family uses.  Concerns were also raised regarding the effect of the change on the balance of uses in the Planned Development District.  One citizen had contacted a Council member and expressed concern about a lack of proper notice to surrounding communities.

Staff Observations:

The Village at the Park Planned Development District was approved in 2002.  The intent in the Northwest Area Plan was to create an intense mixed use center at the intersection of NC Highway 55 and Kit Creek Road.  This was to be surrounded by High Density and Medium Density Residential.  The original Village at the Park Planned Development District fits this vision well by offering two mixed use developments, one on either side of Kit Creek Road, with the remainder of the PDD devoted to High and Medium Density Residential.  At the time of the original PDD adoption, the Research Triangle Foundation was requesting personal service and smaller office uses to serve the employee base located within RTP.  Based on the information submitted, the proposed PDD amendment reflects changing market considerations and support from the RTF for housing close to RTP employment centers and to support neighboring commercial development.

The proposed PDD amendment affects the various components of the previously approved PDD in the following ways:

    • Decreases Office square footage in PDD by 75.5%
    • Increases the number of multi-family residential units in PDD by 40.1%
    • Decreases retail square footage in PDD by 41.2%

Based on the fact that the property also falls within the Village at the Park Mixed Use Overlay District, the balance of uses in the  Mixed Use Center after the approval of this amendment are as follows:

Retail:  0 existing, 94,755 square feet proposed

Office:  0 existing, 88,240 square feet proposed

Residential Units:  434 under construction, 939 total units proposed (734 high density, 151 medium density and 54 low density)

The ideal Neighborhood Mixed Use Center would contain roughly 250,000± square feet of non residential floor space and serve approximately 600 to 1,500 dwelling units.  At a minimum, 1 multifamily unit should be provided for each 1,000 square feet of non-residential floor space.  The Village at the Park Mixed Use Center contains 182,995 square feet of office and retail in addition to 200,000 proposed square feet of church space (382,995 square feet of total non-residential floor space).  This would ideally generate a minimum of 383 multi-family units (734 are currently proposed or under construction).  In addition to the residential units contained in the PDD, the mixed use center also includes 54 single family homes to bring the total number of residential dwelling units in the Mixed Use center to 939.  Taken in context with the remainder of the area, the proposed PDD amendment is consistent with the Neighborhood Mixed Use Center concept.

Case Summary:

In looking at the proposed amendment independent of the remainder of the PDD:

Pros:

  • RTF has issued a letter expressing support of the increased residential component
  • High density residential adjacent to large employment base (RTP)

Cons:

  • Loss of mixed use opportunity on this single tract (i.e., loss of the commercial and office components on this tract in the PDD)

In looking at the amended Planned Development District as a whole:

Pros:

  • Amendment does not affect the actual number of different types of uses allowed in PDD
  • Current PDD still allows for commercial/office development on the remaining Tract 2 (immediately to the south)
  • Amendment is consistent with the Comprehensive Plan in that a mix of uses is provided across the Mixed Use tracts as a whole
  • Amendment is generally consistent with the Mixed Use Activity Center concept (high on the residential, average to low average on the retail/office)

Cons:

  • Reduces amount of office square footage available for firms and services that are too small to locate within RTP proper
  • Loss of mixed use opportunity on this single tract (retains it across the PDD) reduces the intensity of the Mixed Use Land Use Plan designation by shifting the entire non-residential component to Tract 2 (to the south)

Overall, the proposed amendment is consistent with the Comprehensive Plan and the Mixed Use Center concept.  Though the proposed amendment represents a step in a different direction from the original PDD approval, the PDD, as amended, still meets the underlying intent of providing for support businesses and office space to support the needs of the RTP employment base, simply on a smaller scale.  With the further development of the Alston Activity Center approximately a half mile south of the subject parcel, the proximity of the regional activity (mixed use) center (Alston) somewhat reduces the need for the non-residential component of the neighborhood activity (mixed use) center (Village at the Park) at this intersection.  The additional dwelling units will help to support the commercial and office components of that regional mixed use center.  Note that a significant amount of office (88,000 square feet) is still being proposed for the tract immediately to the south of the subject parcel.

Planning and Zoning Board Motion Action:  

The Planning and Zoning board moved that the case be forwarded to Council for final action with the recommendation for approval.  This motion passed 7-2 so the case will be scheduled during the land development discussion portion of the meeting.

Discussion focused on the conversion of office floor space to multi-family residential.  Additionally there was some discussion on the remaining balance of uses in the mixed use center and PDD as well as how future changes may (or may not) impact the Alston Regional mixed use center

Adoption Motion:

The Cary Town Council moves to adopt an ordinance to approve this Rezoning request, finding that it is consistent with the Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable.  Furthermore, the proposed amendment represents a reduction in the impacts on surrounding properties from the originally approved PDD.

Denial Motion:

The Cary Town Council finds that this request is not consistent with the current Town of Cary Comprehensive Plan or other officially adopted plans that may be applicable for the following reasons:

1.
2.
3.

Ordinance for Consideration:  06-REZ-26 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 15.17 ACRES LOCATED in the Northwest quadrant of the intersection of NC Highway 55 with Kit Creek Road from PDD to PDD Amendment.

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”):  

Parcel and Owner Information

Property Owner(s)

County Parcel Number(s) PIN 10

Real Estate ID(s)

Area/Acres

Harold G Bagwell & Alston 55 LLC
PO Box 1700
Garner,  NC  27529-1700

0736088344 (portion)

0302129

15.17 (portion)

Total Acreage

 

 

15.17

Section 2:  That the Property is rezoned from Planned Development District (PDD) to Planned Development District Amendment (PDD) subject to the conditions set forth here within and in the Original Village at the Park PDD adopted September 22, 2006 (except as hereby amended) and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3:  This ordinance shall be effective on the date of adoption.

 

Adopted and effective:  May 24, 2007



 

 

Ernest F. McAlister
Mayor

 

Date