06-REZ-38 Cary Park Community Mixed Use Center Overlay District
Rezoning Staff Report to Town Council

Background Information

Existing Zoning:  Zoning Map
Residential 40 (R-40)

Requested Zoning:  Proposed Zoning Map
Residential 40 (R-40) with a Mixed Use Center Overlay District

Land Use Plan Designation:  Land Use Map
The governing element of the Comprehensive Plan for this area is the Northwest Area Plan (2002), which recommends that this parcel be part of a mixed-use Community Activity Center (per NW Area Plan, Chapter 2, Section 2.4; specific recommended boundaries for the activity center are illustrated on the Town-wide Land Use Plan Map).  Within this Community Activity Center, the NW Area Plan Land Use Map recommends the subject parcel for Mixed Use, with no more than half the site designated as  non-residential uses.

Acreage:  16.43 ±

Location:  Vicinity Map
Northeast of the Carpenter Fire Station Road and Green Level to Durham Road intersection

Applicant:
Clifton and Consultants, LLC
514 Daniels Street #321
Raleigh, NC 27605
(919) 368-1652

Applicant’s Contact:
Waldo W. Clifton
Clifton Land Consultants, LLC
514 Daniels Street #321
Raleigh, NC 27605
(919) 368-1652
wwclifton1@aol.com

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

A.  Transportation

Green Level to Durham :
Existing Roadway Section:  2 lanes, 60’ right of way (ROW)
Future Roadway Section:  4 lanes, 100’ ROW with reservation for 6 lanes
Schedule:  FY ‘08/’09 developer agreement
Sidewalk Requirements:  required on both sides
Bicycle Requirements:  14’ wide outside lanes required
Transit Requirements:  None

Carpenter Fire Station:
Existing Roadway Section:  2 lanes, approximately 60’ right of way (ROW)
Future Roadway Section:  4 lanes, 100’ ROW
Schedule:  FY ‘08/’09 developer agreement
Sidewalk Requirements:  required on both sides
Bicycle Requirements:  14’ wide outside lanes required
Transit Requirements:  None

B.  Traffic Impact Analysis: 
Traffic Impact Study (03-TAR-148) prepared by Wilbur Smith Associates remains valid.

C.  Parks & Greenways:  Greenways Map
The Parks, Recreation and Cultural Resources Facilities Master Plan calls for a 10’ wide multi-purpose trail along the east side of Green Level to Durham Road.   In addition, if the development project includes subdivided residential housing, a payment-in-lieu recreation fee will be required.   

Reference Information

Meeting Schedule: 

Town Council Public Hearing
Date:  February 22, 2007
Action: Forwarded to the April 16, 2007 Planning and Zoning Board meeting

Planning & Zoning Board:
Date:  April 16, 2007
Action: Recommended approval of the request 8-1

Town Council Action:
Date:  May 24, 2007

Applicant’s Justification Statement Submitted (December 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? None perceived—adequate for Mixed.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? Fits projected plan for land use. Compatible with current land use plan.

3. What are the benefits and detriments to the owner, neighbors, and the community? Benefits to neighbors and community: property can only be developed consistent with Cary’s Land Use Plan deemed by Cary to be beneficial to the entire community. Owner benefits by marketability of property enhanced. No detriments to any concerned can be perceived.

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently presented on adjacent tracts? The allowable uses are basically the same as adjoining properties.

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.

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:  None

Planning and Zoning Board Recommendation:  The Planning and Zoning Board voted 8-1 to recommend that Council adopt an ordinance allowing this request for the rezoning. The member with the dissenting vote voiced concern with allowing Residential-40 (R-40) zoned parcels in an overlay district.

Changes since the P&Z Board meeting: None

Consistency with the Comprehensive Plan and other adopted documents and policies:  The governing element of the Comprehensive Plan for this area is the Northwest Area Plan. The request is consistent with the Northwest Area Plan which recommends that these parcels be part of a Community Mixed Use Center.  The requested rezoning helps to implement that Plan recommendation.  (Note:  There is an associated Town-initiated rezoning case, 06-REZ-39, which recommends application of the Community Mixed Use Overlay District to the remaining properties within the activity center.) 

Ordinance for Consideration:  06-REZ-38 [Mixed Use Overlay District]

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 16.43 ACRES LOCATED NORTHEAST OF THE CARPENTER FIRE STATION ROAD AND GREEN LEVEL TO DURHAM ROAD INTERSECTION OWNED BY D&C MEACHAM FROM Residential 40 (R-40) TO Residential 40 (R-40) with A mixed use overlay DISTRICT.

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 Residential 40 (R-40) to Residential 40 (R-40) with a Mixed Use Overlay District, subject to 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