Town of Cary, North Carolina

Rezoning Data Sheet

07-REZ-11 Grist Mill  

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary of approximately 5.74 ± acres located along Ten Ten Road and Kildaire Farm Road from R30 Wake County and Residential 8 (R8) to Office and Institutional Conditional Use (OI-CU) The request is also to extend the Mill Pond Village Community Mixed Use Overlay District boundary to include this property. There is a proposed Mixed Use Sketch Plan (07-MU-05) in review with this case and an associated annexation request. (07-A-20)

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

*Subsequent Meeting Dates are tentative and subject to the plan addressing comments generated by the Town of Cary Development Review Committee.

**Cases with a valid protest petition, or if not recommended by the Planning and Zoning Board unanimously for approval, will be presented at the second Council Meeting.  

The applicant has submitted the following proposed zoning condition:

Development of this site shall comply with Mixed Use Overlay District Design guidelines.

Consistency with the Comprehensive Plan

A. Land Use Plan:  The subject parcels are located within the Mill Pond mixed-use Community Activity Center, which calls for a pedestrian-supportive mix of retail, office, and high- and medium-density housing within the overall activity center.  The rezoning to Community Mixed Use Overlay District therefore helps to implement the Land Use Plan.  At present, this activity center is somewhat underrepresented in office and institutional uses, and hence the proposed rezoning to OI District would help to support a better overall mix.   

B.  Growth Management Plan:

 The Growth Management Plan includes the following Guiding Principles which are relevant to this case: 

1. L1 Guiding Principle: Concentrate growth near planned infrastructure to minimize costly service-area extensions.

Staff Analysis:  The subject parcels are located within an area that is served by Town utilities.

2. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encouraged desired forms of development.

Staff Analysis:  The subject parcels are located within an area identified as a Mixed-Use Community Activity Center, and thus is a preferred growth area for the requested type of development. 

C.  Open Space and Historic Resources Plan:

 There are no historic resources located on the subject parcels.  The parcels do not contain any identified significant natural resources as identified in the Open Space and Historic Resources Plan.

D.  Affordable Housing Plan:

Given the location of the existing road stubs in the adjacent apartment complex to the proposed Mixed Used Sketch Plan, this proposal presents an opportunity to connect the adjoining 5.74 acres which will consist of 18,200 square feet of office use and 19,200 square feet of commercial.  The connectivity of the roads would allow residents within walking distance access to retail, shopping and employment opportunities.

E. Comprehensive Transportation Plan:
Ten Ten Road

Existing Section:  Approximately 80’ ROW

Future Section:  100’ ROW 4-lane median divided

Road Improvements: None scheduled by the Town

Sidewalks Requirements: sidewalks required on both sides

Bicycle Requirements: 14’ wide outside lanes required

Transit Requirement: None

Kildaire Farm Rd.

Existing Section:  Approx. 60’ ROW

Future Section:  100’ ROW 4-lane median divided

Road Improvements: None scheduled by the Town

Sidewalks Requirements: sidewalks required on both sides

Bicycle Requirements: 14’ wide outside lanes required

Transit Requirements: None

Traffic Analysis:  A traffic study was conducted (07-TAR-243) for this development by MAB.  The following are recommendations for the study for this development:

·         Widen the section of Ten Ten road along the frontage of this property.

·         At the intersection of Ten Ten Road and Kildaire Farm Road, re-stripe the existing East Bound shared thru and right turn lane to a thru lane and construct an additional 400 foot East Bound right turn lane.  In addition, extend the existing North Bound left turn lane to 450 feet.

·         At the intersection of Ten Ten Road and Shopping Center Driveway #1/Access #1, construct a NB approach to have an exclusive 150 foot left turn lane and a thru-right turn lane.

·         In addition, construct a thru-right turn lane on the EB approach with at least 150 feet of storage and stripe an exclusive left turn lane on the WB approach with at least 150 feet of storage.

·         At the intersection of Ten Ten Road and Shopping Center Driveway #2/Access #2, construct a NB approach to have one ingress and one egress lane which would serve at an exclusive right turn lane.  In addition, construct an exclusive EB 100 foot right turn lane.  In addition, stripe an exclusive EB 150' left turn lane which would become a "left-over" design which would create a right-in/right-out access with an EB left-over. 

·         At the intersection of Kildaire Farm Road and Harvest Creek Place/Access#3, a signal should be installed if it meets the warrants in a signal analysis and meets all of the NCDOT and TOC approvals for a signal at that location.

These recommendations are based on the draft study and the Town of Cary reserves the right to adjust these recommendations with additional review.

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

G.  Environmental: According to the Town of Cary GIS maps there is a 50’ river buffer on a portion of one lot. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

H.  Buffers: According to Chapter 7 .2 of the LDO, the applicant will be required to provide half of a  20’ Type B (Semi Opaque)  Buffer along the south property line adjacent to a multi-family residential use and a  40’ Type A Buffer along the western property line adjacent to a single family detached use. 

I. Streetscape: Unless a modification is approved through a Mixed Use Sketch Plan, according to Chapter 7 (LDO), the applicant will be required to provide a 30’ streetscape along Ten Ten Road and Kildaire Farm Road as measured from the ultimate right-of-way line.

Consistency with the Land Development Ordinance

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Site Plan or Subdivision 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.

Existing and Requested Zoning District Comparison:

Town Council Criteria for Consideration in Reviewing Rezonings

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

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; 

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

Other Reference Information

Schools

Residential Use is not proposed; therefore school enrollment data is not germane to this case.

Applicant’s Justification Statement Submitted (May 31, 2007)

The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition:

Purpose

Grist Mill is a 5.725 acre mixed use development located in the southwest corner of Ten Ten Rd and Kildaire Farm Rd in Cary, NC.  The property for Grist Mill is currently undesignated as it is located outside Cary’s current town limits. This project sketch plan is a mixed-use development.  We are requesting annexation into Cary’s Town limits, a zoning classification of O&I conditional, office and institutional,  under the condition: Even if the project is developed under based zoning the development will comply with Mixed Use Overlay district design guideline and the overlay district designation of Community Center (CC) Mixed Use Overlay District.  Given the size of the tracts the impact on the Community Center total area will be slight but still impact the Community Center in a positive fashion.

The concept of the proposed development is to provide an area that will provide mixed uses for the neighbors and the community.  Retail, restaurants and office space will be made available within this development as per the guidelines set forth within the Mixed Use Overlay district.  A sketch plan will show the uses proposed.

The design of Grist Mill will promote interconnectivity within the tracts and the surrounding land.  The design concept for the project includes creating a unique sense of place and interconnectivity within the residential development to the south. There will be a coordinated landscape theme throughout the project.  Grist Mill will complement the surrounding developments within the mixed-use overlay district.  It will contribute to the overall mixed use by containing both retail and office space.

Tract Size

Due to the unique nature of the size and shape of the tract the development will incorporate a sketch plan to show uses proposed for the tract.  The impact on the entire Mixed Use Overlay district is minimal in comparison to the development areas surrounding the site.

Architectural Standards

The development will follow the architectural guidelines outlined in the LDO.  Buildings will vary between one and two stories. The design concept for the project includes an outdoor restaurant area and patios behind the office/retail building.  The project will be pedestrian friendly with sidewalks connecting to the apartment complex.

There will be a monument area designated near the intersection of Ten Ten Rd and Kildaire Farm Rd to display public art.

There will be a coordinated architectural theme throughout the project.  Further details will be given during the Site Plan stage.

Consistency with Land Use Plans

The zoning for Grist Mill is consistent with the Town of Cary Land Use Plan.  The Town of Cary currently calls for the proposed tract to be LDR.  With the rezoning into the Town of Cary it will be part of the Community Activity Center shown on the Land Use Maps.  The project will be integrated into the Millpond Village Mixed Use Overlay District.

Complies With LDO

Grist Mill complies with all relevant sections of the Town of Cary LDO.  The proposed development will be integrated into the Millpond Community Center.  Even if the project is develop-ed under based zoning the development will comply with Mixed Use Overlay district design guidelines.  The Mixed Use Overlay district will control the uses allowed on site and development standards.

Benefits/Detriments

Grist Mill will be detrimental to the Wake County Residents adjacent and surrounding the tract in terms of access to their property being impacted by greater traffic flow along Ten Ten Road; however, it can be anticipated the traffic in this area will already be worsening even without the proposed development.  Grist Mill will benefit the area by allowing a portion of the Ten Ten Road widening along its frontage.  It will also allow residents of the adjacent apartment complex to a location to work/ shop/eat that is interconnected with them

Compatibility

The proposed zoning is compatible with the apartment complex to the south as O&I is a good transition from residential.  

                                                                             Ordinance for Consideration

07-REZ-11 Grist Mill Conditional Use Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF APPROXIMATELY 5.74±  ACRES LOCATED ALONG TEN TEN ROAD AND KILDAIRE FARM RD OWNED BY WILLIAM GERALD SMITH AND MARY JANE S. SMITH FROM WAKE COUNTY 30 AND RESIDENTIAL 8 (R8) TO OFFICE AND INSTITUTIONAL CONDTIONAL USE (OICU)  

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:

Section 2:  That this Property is rezoned from Residential 30 Wake County and Residential 8 (R8) to Office and Institutional 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, polices and guidelines.

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

• The development of this site shall comply with Mixed Use Overlay District design Guidelines. Conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

Section 4:  This ordinance shall be effective on the date of adoption.