Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

07-REZ-24 Davis Drive Towns  

Request

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 16.13 acres located at 6020 Leonard Christian Road, northwest of the Davis Drive and Leonard Christian Road intersection, from Office and Institutional Conditional Use (OI CU) to Transitional Residential Conditional Use (TR CU).

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

Town Council Public Hearing Notification:

On October 22, 2007, notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was present in the Cary News on October 24 and 31, 2007.

Feedback at the Town Council Public Hearing:

The applicant stated that they perceive this as a downzoning and reduction in density and traffic.

Several citizens spoke in opposition to this request. Concerns were expressed regarding the following: that office and institutional use is inappropriate for the site; building heights; complimentary elevations; the 150’ buffer adjacent to the Whitebridge subdivision should remain; light and noise pollution; loss of land zoned for office space; overcrowded schools; and impacts on traffic and trees.

Council members expressed concerns over the removal of the existing zoning conditions, especially pertaining to building height. A comparison was requested between the existing zoning conditions and what is being proposed. There was also a concern raised by a Council member regarding the impact of the proposed development on properties east of Davis Drive.

Changes Since the Town Council Public Hearing:  Based upon feedback after the public hearing, the applicant amended the original proposed rezoning request from RMF CU to TR CU, which is more restrictive. Also, the applicant has proposed the following three new conditions:

1.       All buildings containing residential dwelling units shall include pitched roofs.

2.       There will be a minimum of 4 acres of open space provided within the property, inclusive of Ordinance required buffers and streetscape areas.

3.       An average 150’ undisturbed buffer shall be provided along the common western property line with the following adjacent Whitebridge Subdivision properties and Wake County PINs: 0744.03-40-1019 (Logan), 0744.03-40-2285 (Filer/Hlavin), 0744.03-40-3389 (Hoff), 0744.03-40-4463 (Perazolo), 0744.03-40-5448 (Missina), 0744.03-40-6514 (Viradia), 0744.03-40-6589 (Yohanis), 0744.03-40-7655 (Prince/Kurtz), 0744.03-40-8712 (Ghosh), 0744.03-40-8789 (Papaspyros), 0744.03-40-9837 (Findle), 0744.03-31-1031 (Whitebridge Community Association).  The aforementioned undisturbed buffer shall be not less than 100’ feet in width at any given point measured from the common boundary of the property and the parcels listed herein.

Also, the applicant’s original proposed conditioning limiting the total number of dwelling units to 96 is no longer included since the proposed Transitional Residential zoning district only permits 6.0 dwelling units per acre.

Planning and Zoning Board Recommendation

As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows: The Planning and Zoning Board met on April 28, 2008 and voted 4-3 to forward this case to the Town Council with a recommendation for denial because the proposed request is not in the public interest as indicated in the staff report due to the proposed density.

Changes since the Planning and Zoning Board Meeting:  One of the proposed conditions has been clarified to read as follows:

An average 150’ undisturbed buffer shall be provided along the common western property line with the following adjacent Whitebridge Subdivision properties and Wake County PINs: 0744.03-40-1019 (Logan), 0744.03-40-2285 (Filer/Hlavin), 0744.03-40-3389 (Hoff), 0744.03-40-4463 (Perazolo), 0744.03-40-5448 (Missina), 0744.03-40-6514 (Viradia), 0744.03-40-6589 (Yohanis), 0744.03-40-7655 (Prince/Kurtz), 0744.03-40-8712 (Ghosh), 0744.03-40-8789 (Papaspyros), 0744.03-40-9837 (Findle), 0744.03-31-1031 (Whitebridge Community Association).  The aforementioned undisturbed buffer shall be not less than 100’ feet in width at any given point measured from the common boundary of the property and the parcels listed herein. Buffer areas shall remain undisturbed where vegetation is present, except for certain disturbances such as roadway or utility crossings, sidewalks and/or greenway trails and stormwater management devices as may be required for the development of the site. Developer may provide supplemental Landscape plantings within buffer areas.

The applicant has submitted the following proposed zoning conditions:

ANALYSIS OF EXISTING Zoning CONDITIONS

After the public hearing, Staff compared the existing zoning conditions (00-REZ-22) to the current Ordinance requirements.

Below are the existing conditions (shown in italics) approved in the rezoning case 00-REZ-22. Most of the conditions approved for case 00-REZ-22 are site plan related or issues which normally are addressed during site plan submittal and review. Since Staff is only evaluating the current proposed rezoning case and not a site plan, it is difficult to give exact differences between what was approved and what is being proposed. Staff's response, as to how the current Ordinance (LDO) regulates each item, follows each condition.

Condition 1:

All buildings shall not exceed two (2) occupied stories in height.  Special architectural features such as cupolas shall not be included in this height limitation.

If a nonresidential structure is within 100' of a residential zoning district boundary, the maximum height is 35'. If the structure is more than 100' from a residential zoning district boundary, the maximum height is 50'. The heights for the nonresidential structure can be increased by 1' for every foot provided in addition to the minimum setbacks. The LDO limits the height of buildings in the TR zoning district to 35'. This height limitation can also be increased by 1' for every foot provided in addition to the minimum setbacks. However, the way this condition is written, this condition does not necessarily prohibit a 3rd story (or partial) from being proposed as an architectural feature as long as it is not constructed as occupied area. When the applicant submits the subdivision or site plan, the residential structures will be required to comply with the Ordinance requirements. Since the building heights will conform with the LDO requirements, Staff determined that the Ordinance adequately addresses building height requirements.

Condition 2:

Uses shall be limited to offices and shall not exceed 85,000 square feet.  No single building shall be greater than 50,000 square feet.

Although there are some non-residential uses that may be permitted in a TR zoning district (with Council approval of a special use permit), typically, residential uses are found in a TR zoning district.

Condition 3:

Free standing area light poles shall be limited to a maximum height of twenty (20’) feet.  All pole mounted lighting fixtures shall consist of shoebox type fixtures.

The LDO (Section 7.9.3) requires that the non-cut-off lights not exceed 18' above grade. Cut-off lights (such as shoebox type fixtures) cannot exceed 35' above grade, unless a raised foundation is required to protect the poles, in which case the maximum height shall not exceed 37' above grade. Cut-off lighting shall be designed to direct light downward (e.g. shoe box style). The LDO also regulates the maximum light levels at the property lines. The maximum illumination at a residential property line is 0.5 footcandles. When the applicant submits the subdivision or site plan, the plan will be required to comply with the Ordinance requirements. Since the plan will conform with the LDO requirements, Staff determined that the Ordinance adequately addresses lighting requirements.

Condition 4:

A 150' undisturbed buffer shall be provided along the common western property line with the following adjacent Whitebridge Subdivision properties and Wake County PIN#s: 0744.03-40-1019 (Logan), 0744.03-40-2285 (Christos), 0744.03-40-3389 (Matroni), 0744.03-40-4463 (Perazolo), 0744.03-40-5448 (Xue), 0744.03-40-6514 (Viradia), 0744.03-40-6589 (Cinco), 0744.03-40-7655 Price/Kurtz), 0744.03-40-5712 (Nathey), 0744.03-40-8789 (Papaspyros), 0744.03-40-9837 (Findle), 0744.03-31-1031 (Whitebridge Community Association)

Since the public hearing for the subject request (07-REZ-24), the applicant has proposed the condition that an average 150’ undisturbed buffer shall be provided along the common western property line with the following adjacent Whitebridge Subdivision properties and Wake County PINs: 0744.03-40-1019 (Logan), 0744.03-40-2285 (Filer/Hlavin), 0744.03-40-3389 (Hoff), 0744.03-40-4463 (Perazolo), 0744.03-40-5448 (Missina), 0744.03-40-6514 (Viradia), 0744.03-40-6589 (Yohanis), 0744.03-40-7655 (Prince/Kurtz), 0744.03-40-8712 (Ghosh), 0744.03-40-8789 (Papaspyros), 0744.03-40-9837 (Findle), 0744.03-31-1031 (Whitebridge Community Association). The aforementioned undisturbed buffer shall be not less than 100’ feet in width at any given point measured from the common boundary of the property and the parcels listed herein. Buffer areas shall remain undisturbed where vegetation is present, except for certain disturbances such as roadway or utility crossings, sidewalks and/or greenway trails and stormwater management devices as may be required for the development of the site. Developer may provide supplemental Landscape plantings within buffer areas.

Condition 5:

Existing trees that fall within the 150’ buffer above shall be saved.  Trees will be saved unless one of the following circumstances necessitates the removal of selected trees.

•          Removal of diseased, damaged dead, dying, or infested materials;

•          Removal of noxious weeds and plants;

•          Construction of trails, sidewalks or paths for the purposes of pedestrian access;

•          Construction of utilities; and

•          Construction of entrance drives and public streets.

The following is LDO Section 7.2.3 (H), which regulates development within required buffers:

(1) The required buffer shall not contain any development, impervious surfaces, or site features that do not function to meet the standards of this section or that require removal of existing vegetation, unless otherwise permitted in this Ordinance.

(2) No grading, development, or land-disturbing activities shall occur within the buffer or within the tree protection fence area unless approved by the Planning Director or the Town Council.

(3) Sidewalks and trails may be placed in buffers provided that damage to existing vegetation in minimized.

(4) Utilities are not permitted in buffers unless no reasonable alternative exists.

(5) If utilities are placed in a buffer, they shall be located and installed in a way that minimizes disturbance of the buffer area (not parallel but perpendicular or not less than at a 75 degree angle). If utilities, stormwater drainage channels or piping, and other similar features are placed in a buffer any way other than perpendicular or not less than at a 75 degree angle, the area making up the utility easement or area shall be replaced with an equal amount of buffer area preferably on the site adjacent to the disturbed area unless reductions have been permitted as allowed under this section.

(6) Stormwater impoundment areas or other BMPs may be placed within a required buffer when no other reasonable alternative exists, and provided that the performance standard of the buffer can be maintained. Bio-retention areas may be placed within buffers without additional justification provided the performance standard of the buffer is maintained. (This requirement may be slightly different for stream buffers.)

Condition 6:

Principal building materials (70% of any side –excluding, doors windows and open areas) shall consist of brick. Remaining portions of the facades may contain ornamental details, special banding and other architectural elements that compliment the façade. All buildings shall utilize a similar brick color. Special architectural features may differ so long as they match in terms of color and materials

Facades for an office building would be required to be at least 75% masonry under the current Community Appearance Manual design standards, which is slightly greater than the current zoning condition. For attached residential buildings, masonry materials are required to comprise at least 35% of the front and/or rear facades when adjoining a road or travelway.

Condition 7:

All buildings shall contain pitched roofs. Roof materials may consist of either: asphalt shingles, cedar shingles (that are similar in color to those provided in adjacent residential subdivisions); or slate shingles (that have an earth tone texture). All shingles used within the development shall match and consist of one of the three material choices listed above (cedar, asphalt, or slate). Minor architectural features attached to or part of the roof features (i.e. cupolas and awnings) may consist of other materials so long as they are complimentary in appearance.

There is no Ordinance requirement for buildings to be designed with pitched roofs, and the LDO does not dictate the type of shingles. However, it is assumed that this zoning condition was proposed and approved to provide a "residential" appearance for the office buildings. Since the public hearing, the applicant has proposed the condition that all buildings containing residential dwelling units shall include pitched roofs.

Condition 8:

Base materials for monument sign(s) shall match the buildings. A Uniform Sign Plan that governs signs over the entire property subject to this zoning shall be submitted with the first site plan.

A condition related to signage is inappropriate when considering a proposed rezoning. The LDO states that signage has to be architecturally compatible with the style, composition, materials and details of the primary structure(s). This LDO regulation is consistent with the existing rezoning condition for this parcel. If multiple signs will be constructed for this project, a USP will be required prior to erecting any signs.

Condition 9:

The owner shall dedicate the necessary fifteen (15') feet of right-of-way and grant temporary construction easements to complete construction of the Davis Drive Road widening project within thirty (30) days of notification by the Town.

According to Town Engineering Staff, this requirement has been completed. Also, the applicant will have to meet the Comprehensive Transportation Plan requirements as part of site plan approval, as well as complete any mitigation required by a traffic study, if a study is required at time of site plan.

Condition 10:

Sidewalk connections shall be provided in at least two (2) locations. These connections shall provide pedestrian access from the public sidewalks along Davis Drive (inside the public right-of-way) to the main entrance(s) of the building(s).

Sidewalks are required on both sides of Davis Drive and Leonard Christian Road. LDO Section 7.10.4 (A)(5) requires sidewalks from building entrances to public sidewalks. Since sidewalks are required on both Davis Drive and Leonard Christian Road, sidewalks will be required to connect from building entrances interior on the site to sidewalks along Davis Drive and Leonard Christian Road. Sidewalks connections interior to the site will be required and exact locations will be determined at time of site plan submittal.

Condition 11:

Driveways shall be limited to no more than 2 points of ingress/egress on Davis Drive and 1 point of ingress/egress on Leonard Christian Road. The exact number, location and design of these driveways shall be determined at the time of site plan approval.

The exact number, location and design of these driveways shall be determined at the time of site plan approval. The driveways locations will have to be approved by the Town of Cary and/or NCDOT at time of site plan submittal.

Condition 12:

The developer shall reserve an additional area to be used as right-of-way for the Town's planned extension of Playford Lane to Leonard Christian Road. Provision for this right-of-way shall include 65' wide right-of-way and an additional 15' wide area for temporary construction easements. Right-of-way and temporary construction easements shall be made available for dedication to the Town within 30 days of written receipt of an official request from the Town indicating that the road will be extended. The development shall be allowed on-site vehicular access to this extension. This access would be in addition to the limited access to Leonard Christian Road outlined in condition 11 above.

According to Town Engineering Staff, this condition has been completed.

Condition 13:

All site plans submitted for this development shall be subject to the review of the Appearance Commission, Planning & Zoning Board and Town Council.

If the rezoning request was approved, and the site or subdivision plan submitted met all of the LDO requirements, the plan would be approved administratively by Planning Staff. There is no longer an Appearance Commission to review any site plan submitted for this site. The proposed development would be required to meet all applicable requirements of the LDO, Community Appearance Manual and Cary Design Guidelines

SUMMARY

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that the application is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest.

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request does conform to the adopted Land Use Plan which designates this area as Medium Density Residential.  An amendment to the Comprehensive Plan, case 07-CPA-09, to amend the Comprehensive Plan designation from Low Density Residential (LDR) to Medium Density Residential (MDR) was approved by Council on February 14, 2008.

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.

Analysis:  Water and sewer infrastructure is available, and the Adequate Public Facilities Ordinance for Transportation will ensure concurrency for roadway capacity. 

2.       L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis:  The subject parcel is located within an area where urban services are readily available, is located nearly adjacent to the Cornerstone Mixed Use Center, and is located less than a quarter mile from Davis Drive Elementary and Middle Schools.

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

Analysis:  The subject parcel is located nearly adjacent to the Cornerstone Mixed Use Center.

C.  Affordable Housing Plan: 
The Affordable Housing Plan includes the following goals applicable to this case:

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 80% of 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.

D.  Comprehensive Transportation Plan:  

Davis Drive:

Existing Section:  4 lanes median divided, 100’ right-of-way

Future Section:  4 lanes median divided, 100’ right-of-way

Road Improvements:  Complete

Sidewalks Requirements: Required on both sides

Bicycle Requirements: 14’ wide outside lane

Transit Requirements:  None

Leonard Christian:

Existing Section:  2 lanes, approx. 60’ right-of-way

Future Section:  3 lanes, approx. 67’ right-of-way

Road Improvements:  N/A

Sidewalks Requirements: Required on both sides

Bicycle Requirements: 14’ wide lanes

Transit Requirements:  None

Traffic Analysis:  Under the current OICU Zoning, an office use of 85,000 sf would have generated 132 AM peak hour trips and 127 PM peak hour trips (ITE Land Use Code 710).  The proposed rezoning to TR CU could generate up to 73 AM peak hour trips and 98 PM peak hour trips using the highest trip generator of the permitted uses.  That use would be single family detached housing (ITE Land Use Code 210). Therefore, this is a downzoning and a Traffic Analysis Report (TAR) is not needed at this time.  However, a TAR would most likely be needed at site plan.

E.  Parks & Greenways Master Plan:  Greenway Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there is an existing multi-use trail along the western side of Davis Drive. Sufficient pedestrian connections to the multi-use trail shall be reviewed and approved during site/subdivision plan approval.  A payment in lieu of park land dedication may be required for residential development, in accordance with the Town’s Land Development Ordinance.  Based on the Open Space and Historic Resources Plan (OSHRP) this site was not designated as open space proposed for conservation.

Consistency with the Land Development Ordinance

F.  Environmental:  
According to the Town of Cary GIS maps, there is a stream buffer along the western boundary and northern tip of the parcel.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

G.  Buffers: 
Actual buffer widths will be determined at the site plan stage; however, according to Chapter 7 (LDO), the most intensive use permitted in the TR zoning district would be required to provide a 80’ Type A Buffer adjacent to the residential parcels located within the Whitebridge subdivision. The applicant is proposing an average 150’ undisturbed buffer in this location. The UTB that runs along portions of the common property line would count toward the required perimeter buffer, being supplemented with additional plant material as necessary where the existing vegetation fails to meet a Type A standard.

H.  Streetscape:  
According to Chapter 7 (LDO), the applicant will be required to provide a 50’ opaque streetscape along Leonard Christian Road and Davis Drive.

Existing and Requested Zoning District Comparison:

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to Staff for review.  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.