Town of Cary
06-REZ-32 Oxxford Hunt Planned Development District Amendment 
Staff Report to the Town Council

Background Information

Existing Zoning:   Zoning map  
Planned Development District (PDD)

Requested Zoning:    Proposed zoning map  
PDD Amendment to allow a nursing home or assisted living facility

Land Use Plan Designation:  Land use map
The subject parcel is designated commercial in the Land Use Plan. Nursing home and Assisted Living facilities are considered consistent with the Commercial category in the Land Use Plan.  .  

Acreage:  3.68±  

Location:  Vicinity map
1206 W. Chatham Street  

Applicant:
Frank Rockwood
Sunrise Senior Living
3064 Cypress Creek Drive N.
Ponta Verdra Beach,  Florida 32082

Applicant’s Contact:
Chris Bostic
Kimley-Horn Associates
3001 Weston Parkway
Cary, NC  27513
(919) 653-2927
chris.bostic@kimley-horn.com

Town of Cary Case Manager:
Debra Grannan, Senior Planner
316 North Academy Street, Cary, NC  27513
(919) 460-4980
debra.grannan@townofcary.org

Summary of Requested Rezoning
The applicant requests approval of an Ordinance to amend the existing Oxxford Hunt PDD to allow a nursing home or assisted living facility on Tract D.  This 3.68 acre tract was previously designated on the PDD Master Plan for commercial use.  If approved, the request would permit a maximum 80-bed nursing home or assisted living facility.  The applicant is also requesting a reduction in the perimeter buffers from 50’ to 20’ on the western and northern property lines.  The plan would add a 20’ buffer between this site and the adjacent commercial site to the east where no buffer currently exists.  No change is proposed to the 30’ wide streetscape. Proposed amendment map.  Oxxford Hunt PDD document pdf; html

A. Transportation

West Chatham :

Existing Roadway Section:  2 lanes, 80’ right of way (ROW)
Future Roadway Section:  2-lane with median, 67’ROW
Schedule:  N/A
Sidewalk Requirements:  required on both sides
Bicycle Requirements:  14’ wide outside lane required
Transit Requirements:  No transit requirements

B.  Traffic Impact Analysis:  
A Traffic Impact Study is not required. The proposed use will generate a significant decrease in traffic, based on ITE, 7^th Edition traffic data.

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

Reference Information

Meeting Schedule: 

Town Council Public Hearing
Date:  January 11, 2007
Action: Forwarded to the Planning and Zoning Board

Planning & Zoning Board:
Date:  March 19, 2007  
Action: Recommended unanimously for approval

Town Council Action:
Date:  April 12, 2007

Applicant’s Justification Statement Submitted 11/27/2006  

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:

  1. Any issues with the size of the tract?

The Size of the Parcel is appropriate for the intended use.  The parcel provides sufficient area to site the building, associated parking, passive open space, stormwater facilities and perimeter landscape buffers.

  2. How is the request compatible with the Comprehensive Plan?  

The Plan complies with all applicable elements of the comprehensive plan.

 3.  What are the benefits and detriments to the owners, neighborhood and the community?  

The amendment to the PUD of this parcel from high intensity office/retail to Nursing Home or Assisted Living provides a logical land use transition from the existing single family to the west and the commercial use to the east.  The proposed Nursing Home or Assisted Living facility will be an upscale facility that will compliment the adjacent single family homes.  The proposed use would generate less traffic than that of the current land use designation.

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 existing land use to the west is single family residential.  The proposed nursing home or assisted living use would be compatible with the single family use because of the residential nature of the development and the generally low level of impact (noise, pollution, traffic) on the adjacent neighborhood.

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.

This amendment proposes changes to:

1.  Gross Unit Density from 15 du/acre to 22 du/acre (Nursing Home or Assisted Living Facility use only.)

2.  Modifying the Western, Eastern and Northern perimeter buffer widths from 50’ to 20’.

School Impact

Schools will not be impacted by this rezoning request since the site will be limited to Office and Institutional Use for a nursing home or assisted living facility only.

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.

Feedback at Public Hearing

Staff presented the case and Jeremy Anderson of Kimley Horn spoke on behalf of the applicant. One citizen expressed concern about loss of privacy if the buffer on the western side for the subject property is reduced, but stated no opposition to the use proposed.  Council asked if the adjacent residential property had a buffer.  Staff reported that the lots bordering the western side of the subject property did indeed have a 25’ undisturbed buffer.  This buffer area, however, was part of the individual lots and not within common open space.  

Changes since Public Hearing

The applicant reported to Staff that there had been an additional meeting with neighbors on the proposal.  All protest petitions have been removed.  There have been no changes to the applicant’s request.

Staff Observations

The request is consistent with the Cary Comprehensive Plan, and fosters a compatible relationship with adjacent land uses. Reductions to perimeter buffers may be considered within Planned Development Districts, but what has been requested still falls within Land Development Ordinance requirements.  When the site was originally designated for commercial use, a 50’ buffer was appropriate adjacent to single family residential.  In 1990 the PDD was amended to require a 25’ undisturbed buffer on the residential lots adjacent to the western property line.  This is shown on the recorded plat for these lots.

Because of the residential nature of the proposed use, and the existing recorded undisturbed buffer, staff believes that the 20’ Type “A” buffer proposed creates a sufficient barrier between the uses.

Since the property to the north is undeveloped, the Land Development Ordinance would require that property to provide half of a 40’ type “A” buffer.  

Staff recommends Council to adopt an ordinance to approve the PDD Amendment.

Planning and Zoning Board

Staff presented the PDD Amendment and reported that all previously filed protest petitions had been withdrawn.  Staff presented a slide to show that the residential properties east of the site were recorded with a 25’ Undisturbed Buffer as part of an earlier PDD amendment.  There was some discussion as to why the buffer reduction was needed.  Staff explained that the applicant was working with a site plan that needed the space that would be provided by the buffer reduction in order to accommodate parking and stormwater management devices on the site.  Staff also noted that the proposed reduction was consistent with buffer standards in the Land Development Ordinance. Planning and Zoning Board voted unanimously to approve the request for an amendment. 

Ordinance for Consideration 06-REZ-32

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.68 ACRES LOCATED AT 1206 W. CHATHAM STREET, OWNED BY DUKE UNIVERSITY AFFILIATED PHYSICIANS, INC. FROM PLANNED DEVELOPMENT DISTRICT TO PLANNED DEVELOPMENT DISTRICT AMENDMENT.  THE AMENDMENT WOULD ALLOW A CHANGE IN USE FROM COMMERCIAL TO OFFICE AND INSTITUTIONAL WITH THE USE TYPE LIMITED TO NURSING HOME OR ASSISTED LIVING FACILITY WITH A MAXIMUM OF 22 DWELLING UNITS PER ACRE.  THE AMENDMENT WOULD ALSO CALL FOR 20’ WIDE TYPE “A” PERIMETER BUFFERS ON THE SITE.

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”):

Summary of Requested Rezoning

Amendments to existing Oxxford Hunt PDD

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 August 19, 1990  (and all supporting plans), which is attached hereto and incorporated herein by reference, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.  

OPT (to reflect changes made at council):  Section 3:  The Master Plan shall incorporate the following:  ________________

Section 3:  This ordinance shall be effective upon adoption but the PDD and Master Plan shall not become effective until applicant has submitted to the Planning Department of a copy of the Master Plan and all supporting plans incorporating all changes, if any that were required as conditions of approval and such additional information as the Town Council may have required as a condition of approval.