Town of Cary, North Carolina

Rezoning Datasheet

07-REZ-33 Davis Drive Office Buildings

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 5.74 acres, located at 3451 Davis Drive.  The Current zoning is Residential Multi Family Conditional Use (RMFCU.)  The applicant is seeking Office and Institutional Conditional Use (OICU) on approximately 3.54 acres on the southern portion of the lot, and General Commercial Conditional use on approximately   2.2 acres on the northern portion of the lot. The proposed boundary between the requested zoning districts is the centerline of the stream which bisects the property.

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, storm water 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.

*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.

Background Information

The applicant has submitted the following proposed zoning conditions:

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request does not currently conform to the Town of Cary Land Use Plan.  A Comprehensive Plan Amendment, 07-CPA-13, has been requested to change the land use designation from High Density Residential (HDR) to Office/Institutional (OFC/INS) and Commercial (COM).

B.  Growth Management Plan:  The Growth Management Plan includes the following four 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. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.
4. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encouraged desired forms of development.

C.  Affordable Housing Plan:  Applicable goals of the Affordable Housing Plan will be reviewed after the Town Council Public Hearing.

D.  Comprehensive Transportation Plan: 
Davis Drive:

Existing Section:  110’ Right-of-way, 4-lane median divided

Future Section:  4-lane median divided

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk on east side, multi-use path on west side

Bicycle Requirements: 14’ Wide outside lanes

Transit Requirements: 

Traffic Analysis:  A traffic study was completed by MAB (08-TAR-280) and the following mitigations are required to meet our Adequate Public Facilities Ordinance:

1.      At the intersection of Davis Drive and Morrisville Parkway, the south bound (SB) SB left turn lane needs to be extended to at least 750 feet of storage, a SB right turn lane needs to be constructed with at least 200 feet of storage, and the WB approach needs to be widened to provide a left turn lane with at least 250 feet of storage, a through lane with at least 425 feet of storage and a continuous through and right turn lane.

2.      At Davis Drive and Access #1, construct a WB site approach to provide one egress and one ingress lane for the right-in/right-out design.

3.      At Davis Drive and Access #2, construct a WB site approach to provide one egress and one ingress lane for the right-in/right-out design.

4.      Davis Drive needs to be widened to three NB lanes in front of the site to connect to the three-lane section immediately north of the site.

5.      At the intersection of Davis Drive and Morrisville Carpenter, the study indicates the need to convert the planned SB right-turn lane to a shared through-right turn lane to provide three SB through lanes on the approach and Davis Drive needs to be widened to provide three SB receiving lanes south of the intersection for 600 feet.  Since this area is outside of the Cary planning limits, this recommendation is not required to meet APFO.

The Town of Cary reserves the right to amend these mitigations after continued review of the traffic study.

E.  Open Space and Historic Resources Plan:  The Open Space Plan and its priority open space inventory does identify portions of the case area as having some significant natural resources associated  with the two stream buffers located on the northern half of the property.

F.  Parks & Greenways Master Plan:  Greenways Map
The Town of Cary in conjunction with the Town of Morrisville will require a greenway easement along the northern portion of the parcel, with final location to be determined during the site plan process. 

G.  Environmental:  

According to the Town of Cary GIS maps, there is a stream which bisects the property.  The northern portion of the site is also entirely covered by a FEMA flood plain and the site is significantly impacted by the floodway.  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 Land Use Plan, the applicant will be required to provide half of a 20’ wide type “B” buffer between the office uses and the adjacent multi-family residential uses. Half of a 20’ Type “B” Buffer is required next to adjacent to the Class 4 Office & Institutional uses to the south.

I.  Streetscape: 
According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 30’ streetscape along Davis Drive.

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, storm water management, road improvements, utility line placement, road connectivity and landscape plantings.

Existing and Requested Zoning District Comparison:

*If a non-residential structure is within 100 feet of a residential zoning district boundary, the maximum building height is 35 feet.  If the structure is more than 100 feet from the residential zoning district boundary the maximum height is 50 feet.

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, storm water 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:  No residential use is proposed on the subject property therefore school enrollment will not be increased.

Applicant’s Justification Statement Submitted (November 29, 2007)

The following statements (shown below in bold below) are provided by the applicant in response to the criteria established in the application (shown in italics) 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. Are there any issues with the size of the tract?   At this time, we do not feel there are any issues with the size of the tract that will effect our proposed use.  We are aware of the two streams with associated buffers and floodplain, and have incorporated these issues into our development plan.

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?   The request is not compatible with the current comprehensive plan. The Town of Cary is currently considering our request to change the comprehensive plan.  We feel the CPA and rezoning request are viable considering the commercial and high density residential areas adjacent to the site. 

3.  What are the benefits and detriments to the owner, neighbors and the community?   The benefits to the owner, neighbors, and community include the addition of dedicated pathways and/or easements  from the existing Morrisville town park to Davis Drive.  Our request is also contrary to

many previous request to convert office area to residential zoned properties.  We feel that community office and neighborhood commercial at this location will serve a much growing market and will provide the community with additional jobs and tax revenue.  There will be minimal

additional traffic generated from this development compared to what would be allowed under the current high density residential zoning.

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 office portion of the project is consistent with the existing commercial uses (currently zoned O&I) along the southern boundary line. The proposed retail area is consistent with existing shopping center development directly to the north.  The additional width and continuous roadway median of Davis Drive provide a physical transition between the proposed development and the existing high density residential development to the west.  The existing entry drive into the Morrisville Town Park and proposed opaque type 'A' buffer provide an extensive transition to the existing high density apartment complex to the east.

Ordinance for Consideration

07-REZ-33 Davis Drive Office Buildings

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 5.74 ACRES LOCATED ALONG  Davis Drive OWNED BY HUBERT AND SIDNEY HATCHER FROM  RESIDENTIAL MULTIFAMILY CONDITIONAL USE (RMFCU) TO  GENERAL COMMERCIAL CONDITIONAL USE (GCCU) AND OFFICE/INSTITUTIONAL CONDITIONAL 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 Multi-family Conditional Use to Office and Institutional Conditional Use and General Commercial 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.  All perimeter and stream buffers on this tract shall be maintained at the width required by the Land Development Ordinance and shall be type A.

2. Pedestrian access will be provided to the Morrisville Town Park along the eastern boundary from the proposed office development.

3. An easement and construction of a public greenway path shall be provided from Davis Drive to the Eastern property line at Morrisville Park along the North side of the stream within the outer edge of zone three of the stream buffer. Construction of said path will be built in conjunction with the commercial development.

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:  April 10, 2008