Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

07-REZ-13: Silverton PDD Amendment

Request

The applicant is requesting that Town Council approve an Ordinance to amend the previously approved buffers within the Silverton Planned Development District for approximately 22.19 acres located west of the intersection of NW Cary Parkway and Evans Road.

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 applicant has submitted the following proposed zoning conditions:

1.         A 20’ Type ‘B’ buffer will be provided along the northern property boundary.

Changes Since The Town Council Public Hearing:  The applicant has removed the following condition in response to Staff’s comments:

1.         Development on the tract shall not exceed 328 multi-family units and 25,000 square feet of office floor space.

The associated Mixed Use Sketch Plan makes the use restrictions unnecessary in the Silverton PDD document and this condition could have potentially created problems if the PDD amendment were to pass and the Mixed Use Sketch Plan be denied.

summary

The proposed reduction in the width of the buffer along the northern property line is intended to bring the associated MUSP into compliance with the guidelines governing development in Mixed Use Centers.  Section 4.4.2(E) of the LDO states that buffers widths within the Mixed Use Center should not exceed the width that would otherwise be required under the requirements of Section 7.2.3 of the LDO.  The underlying Silverton PDD is in direct conflict with the Mixed Use District in this instance, requiring a 100’ buffer between these two properties.  Under the original Silverton PDD, the property to the north, on which the Cary Church of God is currently being constructed, was designated for Industrial uses while the parcel under consideration in this MUSP was designated for Office use.  In order to adequately provide a transition between the two uses, the developers included a 100’ Type A (opaque) buffer.

When the church began developing their property, they chose to operate under the pre-existing base zoning instead of going through the PDD Amendment process to revise the buffer requirement.  As part of the MUSP process, in an attempt to better conform to the LDO Mixed Use Design Criteria, the Brier Ridge applicant has requested to reduce the buffer from the PDD requirement of 50’ to what would normally be required by the LDO.  The church is considered a Class 4 use, as are the apartments and office building (when located adjacent to a residential use).  That would require a 20’ Type B (semi-opaque) buffer between the two uses.  Since the church has already provided a 50’ Type A buffer, normally only 10’ would be provided by this project.  Because of the greenway running within the provided 70’, the applicant is proposing to provide 20’ of buffer on this site.  Because of the conflict between the base zoning requirements and the Mixed Use Overlay criteria, Staff feels that this arrangement is a good compromise between the two opposing goals.

Consistency with the Comprehensive Plan

A. Land Use Plan:  This request conforms with the adopted Land Use Plan; the subject parcels are within the Silverton Neighborhood Mixed Use Center.  The current land use designation is Office/Institutional, and the proposed uses are appropriate in a mixed use center.

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

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
3. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.

C.  Affordable Housing Plan:  Some of the applicable goals from the Affordable Housing Plan include:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
3. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.
4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

Affordable housing is defined as dwelling units that cost no more than 30% of the income of families and individuals earning 80% (for buyers) or 60% (for renters) or less of the area median income of $71,600, adjusted for family size (2006 HUD Data).

D. Transportation

Existing Section:  Evans Rd: approx. 80’ ROW; Cary Pkwy.: 100’ ROW

Future Section:  Evans Rd: 124’ ROW, 6-lanes; Cary Pkwy.: 100’ ROW 4-lanes

Road Improvements:  none scheduled

Sidewalks Requirements: sidewalks required on both sides of Cary Pkwy. and Evans Rd.

Bicycle Requirements: 14’ wide outside lanes required on both sides of Cary Pkwy. and Evans

Transit Requirements:  None

Traffic Analysis:  A traffic study (07-TAR-264) has been completed by HNTB.  The TAR analyzed 328 apartment units and a 25,500 sf office building for a 2008 build out.  The apartments (ITE Land Use Code 220) generated 167 AM peak hour trips and 203 PM peak hour trips.  The office building (ITE Land Use Code 710) generated 40 AM trips and 38 PM trips.

The following improvements were identified in the draft analysis.  The TOC is currently reviewing the draft so the recommendations are not final at this time.

Evans Road and NW Cary Parkway:

• Construct a southbound exclusive right-turn lane on Evans Road with at least 500 feet of storage.
• Construct additional 200 foot left-turn lane on eastbound NW Cary Parkway.

NW Cary Parkway and Site Driveway #1/Winfair Drive:

• Site egress driveway should have a separate left-turn and through/right-turn lanes.  The driveway throat length should be designed to accommodate at least 2 vehicles (50 feet) prior to the internal circulation roadway that parallels NW Cary Parkway.

E.  Parks & Greenways:  Greenways Map

In accordance with the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the Developer will construct approximately 1,480 linear feet of 10’ wide public asphalt trail along the northern property line and approximately 325’ of 10’ wide asphalt multi-use trail along the Evans Road frontage, provide 20’ wide Town of Cary Greenway Easements centered on these trails, and provide a 30’ wide Town of Cary Greenway Easement along the western property line in Zone 3 of the Urban Transition Buffer.  Developer will construct 6’ wide private asphalt trail connections to the public greenway trail; location and number of connections to be determined at site plan approval.  A payment-in-lieu will be required for any residential development in accordance with the Land Development Ordinance.  According to the Open Space and Historical Resources Plan (OSHRP) this site was not identified as significant/proposed open space.  These comments were reviewed and approved by the Greenways Committee at its October 2007 meeting and by the Parks, Recreation and Cultural Resources Advisory Board at its November 2007 meeting.

F.  Environmental:  

According to the Town of Cary GIS maps, there are several potential stream buffers that may impact the project.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

G.  Buffers:  According to the original Silverton PDD, a 100’ buffer was required between the subject parcels and the light industrial parcels immediately to the north of them.  Subsequently, the property to the north has developed as small office buildings and a church site.  According to Chapter 7.2.3 of the Land Development Ordinance (LDO), the applicant would normally be required to provide one half of a 20’ Type ‘B’ (semi-opaque) buffer.  The applicant has instead proposed to provide the entire 20’ Type ‘B’ buffer required in addition to the 50’ buffer provided by the adjacent church site for a total of 70’.  The buffer to the west (adjacent to the Weston Place townhome development) will be 50’ per the approved Silverton PDD.

H.  Streetscape:  The streetscape depth along NW Cary Parkway and Evans Road is proposed to be 30’ per the approved Silverton PDD.

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 and PDD’s:

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;

7.             The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8.             The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

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.

¹ Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2006-2007 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

² 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. For example a site with 134 two-bedroom units could yield 27 additional students, while 134 three bedroom units could yield 100 students.  The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment.  At Rezoning, student yield can not be accurately determined due to unknown variables.

³ High School Projected Students are a total of all high school students and should not be counted twice when looking for a total number of new students.  Wake County Public Schools has not provided a multiplier for each grade level.

Applicant’s Justification Statement Submitted May 31, 2007

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) 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:

1.  Any issues with the size of the tract?

The size of the tract is conducive to the use being proposed.

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?

This PDD amendment will be accompanied by a MUSP.  When submitting a MUSP, a comprehensive plan amendment is not required.

3.  What are the benefits and detriments to the owner, neighbors and the community?

The PDD is being amended to add an additional use, multi-family residential, apartments.  The proposed uses are compatible with the existing uses in the area and provide for an effective transition with the existing residential development.  Less traffic will be generated with the proposed mix of residential and office than with the entire site being developed as office.  Office is still being provided.  The regulations in the LDO will adequately protect adjacent property owners.

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 proposed uses are compatible since other property in the vicinity of the proposed PDD amendment are currently developed for the same type of residential and nonresidential uses proposed. 

5.  PDD/new or amended:  What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified?

A MUSP is being submitted for the site that will show all standards being requested.  The existing 100 foot buffer along the northern property boundary is being reduced from 100 feet to 20 feet.  The 100 foot buffer was based on the property to the north being developed as industrial.  This amendment is requesting a 20 foot Type B buffer.  The use to the north is now a church.  The required buffer for our site based on the adjacent use being a church is 20 feet.  The church already has a 50 foot buffer.  With our proposed 20 foot buffer, the total buffer will be 70 feet.

Ordinance for Consideration

07-REZ-13 – Silverton PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 22.19 ACRES LOCATED IN THE WESTERN QUADRANT OF THE INTERSECTION OF NORTHWEST CARY PARKWAY WITH EVANS ROAD, OWNED BY RWC PROPERTIES, LLC FROM PLANNED DEVELOPMENT DISTRICT TO PLANNED DEVELOPMENT DISTRICT AS HEREIN AMENDED.

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 Planned Development District to Planned Development District as herein amended, subject to the original development conditions found in the Silverton PDD except as herein amended and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Conditions Applicable to Tract 1:

1.         A 20’ Type ‘B’ buffer will be provided along the northern property boundary.

Section 3:  This ordinance shall be effective on the date of adoption.

Adopted and effective:  December 13, 2007