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06-REZ-39 Cary
Park
Mixed Use Overlay District Rezoning Background Information Existing Zoning: Zoning map Requested
Zoning: add a Community
Mixed Use Center Overlay District to the above zoning Land
Use Plan Designation: Land
use map Acreage:
149.22 acres Location: Vicinity map
Applicant:
Town
of
Cary
Case Manager: Summary of Requested
Rezoning This
rezoning request is consistent with the Northwest Area Plan which
recommends a mixed-use Community Activity Center at this location.
A citizen has requested Mixed Use Overlay District (MUOD) zoning on
his property at this location (see case 06-rez-38).
Because of this, staff believes now is the appropriate time to
initiate MUOD zoning on the remainder of the planned Community Activity
Center. This overlay zoning
action implements the Plan’s mixed-use Community Activity Center for
these properties. If approved,
landowners can still develop using their base zoning, or they can choose
to activate the MUOD zoning by submitting a mixed-use sketch plan for
review. The MUOD zoning would offer property owners the possibility for
additional uses and alternative designs. A.
Transportation Carpenter
Fire Station Road: Cary Glen Boulevard:
B. Traffic
Impact Analysis A
traffic impact analysis is not required for the application of a Mixed Use
Overlay District requested in this case, but will be required in the
future for any Mixed Use Sketch Plan(s) submitted within the boundary of
this Overlay District. 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; a
10’ wide greenway trail along the eastern edge of the Mixed Use Overlay
District boundary, running parallel with the proposed I-540; and a 10’
wide greenway trail along the north side of Panther Creek.
All of these public trails must be constructed to Town of Cary
standards. Reference Information Meeting
Schedule: Town Council Public
Hearing Planning & Zoning
Board Town Council Action Feedback at the Public Hearing (February 22, 2007) Staff presented the
rezoning request and reported that a protest petition was received from
Lincoln-Harris properties. Though
Lincoln-Harris does own property in the affected area, the parcels they
own do not constitute 20% of the area proposed for the overlay, so the
petition was found to be insufficient. A supermajority vote will not be
required for Council approval. At the public hearing
Jerry Turner of Jerry Turner and Associates spoke on behalf of
Lincoln-Harris. Mr. Turner
relayed his client’s concern that the Mixed-Use Overlay District may
subject their property to additional design guidelines and/or other
requirements that are more restrictive than the underlying zoning and the
approved Cary Park PDD. No
other persons spoke at the public hearing. Since the public hearing,
staff has been in contact with Mr. David Connor of Lincoln-Harris, and has
provided him with a written statement addressing his concerns.
If Lincoln-Harris chooses to develop their property under the
existing PDD zoning, the only additional development standards associated
with or imposed by the Mixed-Use Overlay District would be those items
identified in Section 4.4.2(E) Development Standards, found in Chapter 5
of the LDO. At present, only
items (1) through (4) of Section 4.4.2(E) would be applicable, since there
is no Mixed-Use Sketch Plan in place for this overlay district. Changes
since the Town Council Public Hearing: None Planning
and Zoning Board Recommendation
(April 16, 2007):
The Planning and Zoning
Board voted 8-1 to recommend that Council adopt an ordinance allowing this
rezoning request.
The dissenting member voiced concern about placing a mixed-use
overlay district over land zoned Residential-40 (R-40). Changes
since the P&Z Board meeting:
None Council Discussion and Action (May 24,
2007): Council
voted unanimously to table the request until their June 14, 2007 meeting
to give staff time to respond to the following questions raised during
discussion: 1.
Question:
Why is staff initiating this
Mixed-Use Overlay District at this time?
Staff
Response:
The Land Development Ordinance (LDO), which became effective
on July 1, 2003,
created Mixed Use Overlay Districts (MUOD’s) as the regulatory vehicle
for implementing the vision for mixed-use activity centers as defined by
the Town’s Comprehensive Plan. The
Town simultaneously applied Mixed Use Overlay Districts (MUOD’s) over
all the activity centers in Cary’s planning jurisdiction which were
either partially or fully built, or which had approved development plans.
At that time, there were no approved development plans for planned
activity centers west of NC Hwy 55, and hence at that point the overlay
district was not also applied to such areas west of NC 55. Instead, the
LDO treated the planned activity centers west of NC 55 as “Undeveloped
Mixed Use Centers,” and stipulated that their overlay districts would
need to be applied later, but prior to the development of these centers.
(See LDO Chapter 4, Section 4.4.2(H).) Further,
since changes to base zoning are not allowed within a MUOD, the Town’s
policy since adoption of the LDO has been to require the
landowner/applicant to request MUOD zoning for any parcel within a planned
activity center west of NC55. In
cases where the applicant does not represent all of the property within
the activity center (as in this case), the Town initiates the overlay
district rezoning for the balance of the properties. The
precedents for this policy are established by the MUOD rezoning of Village
at the Park in July 2006 (06‑REZ‑12) and Alston in March 2006
(05-REZ-19). Other related
Town-initiated precedents include the Town-initiated extension of the
Swift Creek MUOD in March 2005 (04-REZ-26).
Thus, this
Town-initiated rezoning case was triggered by the Meacham family’s
rezoning request (case 06-REZ-38) to rezone two properties in this area.
Upon receiving the Meacham request, staff initiated this
corresponding rezoning request to include the balance of the planned
activity center within the district. In
this way, the entire activity center will be comprehensively included
within the MUOD, rather than just “spot-zoning” two parcels on a
single quadrant of the activity center.
2.
Question: Are
there any other activity centers for which staff will, in the future, also
be initiating Mixed-Use Overlay Districts? Staff
Response:
That will depend on whether or not any future rezoning requests to
MUOD include all of the properties within the activity center, or just
some of the properties. If an
applicant requests MUOD rezoning for a portion of the parcels, then the
Town will initiate a corresponding MUOD rezoning for the balance of the
parcels, following the policy outlined above.
At present, there remain two entire activity centers and portions
of two additional activity centers west of NC55 that do not yet have any
MUOD zoning. 3.
Question:
What additional development rights
or densities does the Mixed-Use Overlay District confer on the affected
properties? Staff
Response:
The mixed use overlay district only allows a landowner/developer to
submit and request Council approval of a corresponding Mixed Use Sketch
Plan (MUSP). The MUSP
identifies the types of possible uses that are requested, as well as the
amounts, intensities, and densities of uses.
The MUSP also shows a conceptual site layout and design for the
site. No uses are actually
“activated” unless they are included in a MUSP approved by Council. Additionally,
Council has discretion to determine and approve the most appropriate mix
of uses, and the specific densities to be allowed. While the LDO
does open the possibility for MUSP’s to have a wide range of uses, the
ordinance also states that a MUSP should be consistent with the
requirements of the Land Use Plan. In
this case, since there is an adopted Area Plan (i.e., the Northwest
Area Plan) that designates a specific land use pattern within the
activity center, any submitted MUSP would be expected to conform to the
plan. Thus, in the southeast
quadrant of this proposed overlay that garnered substantial comment at the
last meeting, any future sketch plan should provide a mix of high- and
medium-density residential uses as generally laid out on the plan map.
Otherwise, a corresponding plan amendment would be triggered.
Also, since the Land
Use Plan uses broad density ranges in defining medium- and high-density
residential, in this example Council would have discretion in deciding
whether to approve densities at the low, middle, or high ends of those
ranges for a MUSP. In a similar
fashion, conventional rezoning cases outside of MUOD’s must also be in
conformance with the Comprehensive Plan, or else a corresponding
Comprehensive Plan amendment would also be triggered. Consistency
with the Comprehensive Plan and other adopted documents and policies: Ordinance
for Consideration: 06-REZ-39 [Mixed Use Overlay District] AN ORDINANCE TO AMEND THE
OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF
APPROXIMATELY 149.22 ACRES LOCATED AT THE INTERSECTION OF CARY GLEN
BOULEVARD AND CARPENTER FIRE STATION ROAD FROM
PLANNED DEVELOPMENT DISTRICT MAJOR (PDD), OFFICE AND INSTITUTIONAL
CONDITIONAL USE (OI-CU) and REsidential
40 (R-40) TO PLANNED DEVELOPMENT DISTRICT MAJOR (PDD), OFFICE AND
INSTITUTIONAL CONDITIONAL USE (OI-CU) and Residential
40 (R-40) with A Community 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 Planned Development District
Major (PDD), Office and Institutional Conditional Use (OI-CU) and
Residential 40 (R-40) TO Planned
Development District Major (PDD), Office and Institutional Conditional Use
(OI-CU) and Residential 40 (R-40)
with a Community 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:
June
14, 2007
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