Town of Cary, North Carolina
Rezoning Staff Report to Town Council
06-REZ-29 Waverly Place
Greg Barnes, Case Manager

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 31.88 acres located at the southeast intersection of Kildaire Farm and Tryon Roads, from General Commercial – Conditional Use (GC-CU) to General Commercial – Conditional Use (GC-CU)  to modify the existing conditions governing the subject property. (Zoning Map)

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified 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.

Background Information

The requested zone change amendment is associated with the Waverly Place Mixed Use Sketch Plan request (MU-06-05).  The subject property is currently zoned General Commercial – Conditional Use (GC-CU) and has numerous conditions that run with the land.  The applicant is requesting Council approve the proposed rezoning to allow modifications to the conditions associated with the proposed Waverly Mixed Use Sketch Plan.  

The rezoning request proposes to eliminate a 60% cap on commercial square feet in the center and would allow for a reduction in the streetscape buffer for the associated properties from 50’ to 30’. With approval of the proposed Mixed-Use Sketch Plan the streetscape buffer would be reduced to 10’. This request also proposes a change to the allowable building height within the center by eliminating the 84’ maximum building height condition from these properties. The related Mixed-Use Sketch Plan case would allow an 8-story structure in the interior portions of Tract #3.

Staff has worked with the applicant to prepare a detailed comparison of the existing and proposed conditions, as outlined below:

Consistency with the Comprehensive Plan

A. Land Use Plan: 
This request conforms to the adopted Land Use Plan.  The current land use designation is Commercial and Office/Institutional which is consistent with the requested zoning district of General Commercial – Conditional Use (GC-CU).  The subject parcels are part of the Waverly Community Mixed Use Center which currently includes a mix of Commercial (COM), Office/Institutional (OFC/INS) and High Density Residential (HDR) uses.

Tryon Road
Existing Section:  4 Lane median divided (100’ ROW)
Future Section:  6 Lane median divided (124’ ROW)
Road Improvements:  N/A
Sidewalks Requirements: Both sides
Bicycle Requirements: Wide outside lanes (14’)
Transit Requirements:  None

Kildaire Farm Road
Existing Section:  4 Lane median divided (115’ ROW)
Future Section:  4 Lane median divided
Road Improvements:  N/A
Sidewalks Requirements: Both sides
Bicycle Requirements: Wide outside lanes (14’)
Transit Requirements:  None

Traffic Analysis:  A Traffic Analysis was completed for the proposed rezoning and associated mixed use sketch plan.  Per the LDO, the applicant is only responsible for mitigating traffic impacts generated by their proposed development.  According to the Traffic Impact Analysis, the following recommendations were made to mitigate such impacts:

·          Extend the additional right-turn lane on the westbound approach along Tryon Road to provide for a right-turn lane with approximately 550 feet of storage length.

·          Convert the existing exclusive right-turn lane on the eastbound Tryon Road approach to provide a continuous through lane and an exclusive right-turn lane with at least 100 feet of storage length at Kildaire Farm Road.  The eastbound through lane at this intersection should extend eastward to form a third lane along the frontage of Tryon Road which terminates at New Waverly Place. 

In addition, the following geometric and phasing improvements were recommended:

·          Upgrade the signal to accommodate proposed geometric changes.

·          Construct an additional lane on the northbound approach along Kildaire Farm Road to provide for a right-turn lane into the development that provides at least 150 feet of storage.

·          Lengthen the existing southbound left-turn lane along Kildaire Farm Road to provide 400 feet of storage.

·          On the westbound New Waverly Place approach, lengthen the existing left-turn lane to extend back to the internal Advent Court intersection and construct an additional left-turn that provides at least 150 feet of storage to form dual left-turn lanes out of the site.

·          Upgrade the signal to accommodate proposed geometric changes.

·          At Kildaire Farm Road and Colonnades Way, a 100 foot northbound right turn lane should be constructed.

·          At Tryon Road and Colonnades Way, there should be a continuous eastbound right turn lane at this intersection.

For the intersection at Tryon Road and Keisler Drive, the following geometric and phasing improvements are recommended at this intersection to improve operations, safety, and queuing on several approaches:

·          Construct an additional travel lane on the eastbound Tryon Road approach to provide a continuous exclusive right-turn lane into the development that extends back to the 100 feet west of the Kildaire Farm Road intersection.

·          Upgrade the signal to accommodate proposed geometric changes.

·          The Town of Cary’s Tryon Road Project will provide 180 feet of storage for the westbound left-turn lane. It is recommended to extend this lane to provide approximately 250 feet of storage length to prevent potential queuing problems during the peak hours.

Internal Site Plan Recommendations include:

·          Realign the skewed intersection of New Waverly Place and Advent Court to provide better traffic flow along the perimeter of the development.  This would require reconstruction of New Waverly Place to serve as the through movement and Advent Court would “T” into New Waverly Place under stop sign control.

·          It is recommended that New Waverly Place and Colonades Way will provide a three lane cross section with bike lanes and landscaped medians with left turn lanes at median breaks through the development.

C.  Parks & Greenways:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Plan there are no issues related to this site.  According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.

D.  Environmental:  
According to the Town of Cary GIS maps, there are no stream buffers currently impacting the subject site. Should a field determination identify a stream buffer, the project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

E.  Buffers:  According to Chapter 7 (LDO), the applicant will be required to provide a 20’ Type “C” Buffer along the northern property line adjacent to Centrum at Crossroads.

F.  Streetscape: 
According to Section 7.2.4 (LDO), the applicant is required to provide a 30’ Streetscape along Kildaire Farm and Tryon Roads. Non-residential developments located on local or private streets shall provide a 15’ Streetscape.  The applicant is requesting a reduction to the required streetscapes from 30’ to 10’ for the properties along Kildaire Farm and Tryon Roads.  Staff has no objection to the reduction for parcels being considered with this Mixed Use Sketch Plan submittal, however Staff reserves the right to evaluate any streetscape reduction for all other parcels along Kildaire Farm and Tryon Roads at time of redevelopment.

Consistency with the Land Development Ordinance

The requested rezoning is intended to modify the conditions set forth on the land.  Prior to Site Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

A detailed comparison of the requested zoning condition amendments is detailed in the background section of this Staff report.

Town Council Criteria for Consideration in Reviewing Rezoning Cases:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezoning cases:

1.       The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.        The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.         The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.         The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.         The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract;  and

6.         The proposed zoning classification is suitable for the subject property;

Changes since the Town Council Public Hearing

Changes since the Town Council Public Hearing with respect to the rezoning have been merely cosmetic.  There have been no conditions added or deleted since the public hearing.

Feedback from the Planning & Zoning Board Meeting

At the April 16, 2007 Planning & Zoning Board meeting, two citizens addressed concerns related to Stormwater management and available park and recreation areas.

Ms. Peggy Warner spoke concerns regarding the stormwater management of the site. She expressed concerns that additional impervious surface on the site would increase the localized flooding.

Mr. Ken Bobbitt also expressed concerns of flooding. He believed that the construction of this project could result in a need for him to build a concrete wall along his property boundary. Mr. Bobbitt asked if the Town would help finance the construction of a concrete wall to prevent flooding along Ambiance Place. Mr. Bobbitt also mentioned that the addition of new residents to the area would increase the need for public parks in the area.

The Planning and Zoning Board forwarded this case to the May 10, 2007 Town Council meeting with a unanimous (9-0) recommendation of approval.

Other Reference Information

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 2005-2006 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.  A site with 150 two-bedroom units could yield 30 additional students, while 134 three bedroom units could yield 113 students. 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.

Staff observation on the Zoning Conditions

The proposed zoning conditions remove standards that exceed what the Land Development Ordinance would allow. Removal of these conditions will allow for this project to meet the standards as regulated by the Land Development Ordinance. The reductions in the streetscape buffer and increases to maximum building height are being requested as part of the Mixed-Use Sketch Plan.

Ordinance for Consideration:  06-REZ-029 [Conditional Use] 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 31.88 ACRES LOCATED along 2001 Kiladire Farm ROAD owned by: ZR WAVERLY PLACE LLC, ZR WAVERLY OP LLC, TRIANGLE REAL ESTATE CO., SANDERSON FAMILY PROPERTIES LLC, RBC CENTURA BANK, AND JULES & KATHRYN LIEBLEIN FROM GENRAL COMMERCIAL CONDITIONAL USE (GCCU) TO GENERAL COMMERCIAL Conditional use (GCCU).

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 General Commercial-Conditional Use to General Commercial-Conditional Use subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3:  The Conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are: