Town of Cary, North Carolina

Rezoning Datasheet

07-REZ-28 Trenton Towns   

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 11.30 ± acres, located at 2506 Trenton Road, from Office and Institutional (OI)  to Residential Multi Family Conditional Use (RMF-CU). There is an associated request for an amendment to the Comprehensive Plan to change the Land Use Designation from Office/Institutional to Residential Multi-Family. (07-CPA-12)

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 date of this meeting will be determined after the P&Z Board recommendation.  If a unanimous recommendation is made, it will go to the first meeting of the month on consent; if not on consent, it will go to the second meeting. Furthermore, if the case has a valid protest petition, it will go to the second meeting of the month as a discussion item, even if there is a unanimous recommendation for approval.

The applicant has submitted the following proposed zoning conditions:

1. The Maximum Density shall not exceed 9 dwelling units per acre

2. Prohibited Uses shall include multi-family dwellings

Consistency with the Comprehensive Plan

A. Land Use Plan:  The adopted town-wide Land Use Plan designates the subject parcel as Office/Institutional (OFC/INS). This rezoning request for Residential Multi-Family Conditional Use (RMF-CU) does not conform to the adopted Land Use Plan, therefore a Comprehensive Plan Amendment is also being requested (see case 07-CPA-12).

B.  Growth Management Plan: 
The Growth Management Plan includes the following 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:  The Town of Cary has an adopted Affordable Housing Plan; applicable goals from this 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 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
3. Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons.
4. Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, homeownership training, and marketing of assistance programs.
5. 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.
6. 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:  
Existing Section:  Approx. 60’ ROW 2-lane road

Future Section:  Approx. 67’ ROW 2-lane road with paved median and wide outside lanes

Road Improvements:  N/A

Sidewalk Requirements: sidewalk required on both sides

Bicycle Requirements: 14’ wide outside lane required

Transit Requirements:  None

Traffic Analysis:   Under the current O&I Zoning, an office use on 11.83 acres would have generated 184 AM peak hour trips and 177 PM peak hour trips (ITE Land Use Code 710 – 1.55 AM trips/1000 square feet  and 1.49 PM trips/1000 square feet ) assuming approximately 10,000 square feet of office per acre.  The proposed rezoning to RMFCU of 9 DU/acre for a maximum of 106 townhouses would generate 47 AM peak hour trips and 55 PM peak hour trips (ITE Land Use Code 230 - .44 AM trips/DU and .52 PM trips/DU).  Therefore, this is a down zoning and a Traffic Analysis Report (TAR) is not needed at this time.  However, a TAR would most likely be needed at site plan.

E.  Open Space and Historic Resources Plan: 
According to the Open Space and Historic Resources Plan (OSHRP) this site was identified as significant open space due to the mixed upland hardwoods located on the eastern end of the site.

F.  Parks & Greenways Master Plan:  Greenways Map
According to the Parks, Recreation & Cultural Resources Facilities Master Plan there are no issues related to this site.  A recreation payment-in-lieu may be required in accordance with the Land Development Ordinance.

G.  Environmental:  
According to the Town of Cary GIS maps, there is a small area on the eastern edge of the property that is impacted by stream buffers.  Most of this area is located within the thoroughfare buffer. 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 of the LDO, the applicant will be required to provide half of a 20’ Type “B” Semi-opaque buffer between the subject property and the O&I properties to the north and south.  A 40’ Type “A” Opaque buffer would be required between the subject property and the single family lot that is surrounded by the subject parcel. A 100 foot Thoroughfare Overlay  buffer along the eastern property line adjacent to Interstate 40 will also be required.

I.  Streetscape:  
According to Chapter 7 of the LDO, the applicant will be required to provide a 30’ streetscape along Trenton Road.

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:

*Per zoning condition proposed by applicant.

Permitted Uses in RMF CU:  Public Safety Station, Public Utility Station, Public Athletic Field, Community Garden, public park, Public Neighborhood Recreation Center, Resource Conservation Facility, Minor Utility Substation, Antenna co-location on existing tower,

Uses in RMF Requiring a Special Use:  Cemetery, Cultural Facilities, Day Care Centers, Large Day Care Home, Outdoor Public Amphitheater,  Religious Assembly, School, pre-School, Major Utility facility, Transportation Facility, Private Neighborhood Recreation Center (Indoor/outdoor), Concealed (stealth) antennae and towers

Allowed by Right as an Accessory Use: Home Occupation, Satellite Dish Antenna, Swimming Pool, Hot Tub or Spa, Recycling Drop-Off Station.

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

The school information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

** 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 102 two-bedroom units could yield 19 additional students, while 102 three bedroom units could yield 77 new 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.

Applicant’s Justification Statement, Submitted October 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 tract is a traditional rectangular shape with a notch cut out in one end and is of sufficient size to facilitate the planned town home development.
2.  
3. How is the request compatible with the comprehensive plan?  The proposed request to amend the land use plan is compatible with the current surrounding low density and medium density residential land uses in the area. The existing road type fronting the subject property is a 2-lane roadway.  This is consistent with the project 2-land road with paved median depicted on the transportation plan.  The property is not located within any forecasted roadways.  The Town’s Open Space and historic Resources plan identified the astern portion of the site as existing or potential open space. A buffer is planned for the eastern portion of the site.  The buffer will be kept undisturbed in order to preserve the underlying resources.

4. What are the benefits and detriments to the owner, neighbors and the community?  The proposed town home development on the subject property will generate less traffic than the current Office & Institutional land use designation, benefiting the surrounding low density residential subdivisions and SAS campus.  The proposed land use plan amendment to high density residential on the subject property is desired for the area and is compatible with the surrounding low density residential developments.  Reasonably priced housing units will benefit existing and planned office developments in the area as well as the addition of housing units benefiting existing and planned commercial developments in the area by expanding the customer base. Required periphery buffers will provide habitat for native plants and animals aid in the removal of pollutants entering streams, replenish the groundwater supply and reduce air pollution levels.
5. 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 corporate campus of SAS is to the west of the subject property.  Mixing the proposed townhome development within this close proximity to SAS benefits SAS employees by providing a commute reduction as well as reducing traffic on other thoroughfares.  There is an existing single -family residence located in the notch of the subject property There are vacant O&I zoning district tracts to the south one of which has been approved for a Progress Energy substation and a small North Carolina state office building on the tract to the north.                                                                                                                                                                                                                                                                                                                         

Ordinance for Consideration

07-REZ-28 Trenton Towns

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY  11.30 ACRES LOCATED ALONG  TRENTON ROAD  OWNED BY THE HEIRS OF LUCILLE A. GRISSOM FROM OFFICE AND INSTITUTIONAL TO RESIDENTIAL MULTIFAMILY CONDTIONAL USE.  

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 Office and Institutional to Residential Multi-family 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:   1. The Maximum Density shall not exceed 9 dwelling units per acre and 2. Prohibited Uses shall include multi-family dwellings

 These 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.

Adopted and effective:  May 8, 2008