Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

07-REZ-35 Highland Village Planned Development District (PDD) Amendment 

Request

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 16.65 acres, located north of High House Road between Old Apex Road and W. Chatham Street, by amending the previously approved Highland Village Planned Development District (PDD) to increase the total number of residential units, remove the ownership requirement for the multi-family units, and an increase the overall density.

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

Public Notification:     
On December 21, 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 December 26, 2007 and January 2, 2008.

summary

The applicant is proposing to increase the total number of residential units, remove the ownership requirement for the multi-family units, and increase the overall density within the PDD. The current Highland Village PDD was approved for a total of 258 residential units, comprised of 60 condominiums, 48 townhouses and 150 apartments. The overall densities approved in the current PDD document range from 6.69-24.52 dwelling units per acre. The applicant is requesting an increase in the total number of units to 278, comprised of 48 townhouses and 230 multi-family units, some of which are intended for the occupancy of persons 55 years of age or older. Due to the requested increase in the total number of units, the overall densities will increase to 9-28.3 dwelling units per acre.

As described below in the Consistency with the Comprehensive Plan and Consistency with the Land Development Ordinance sections, Staff has reviewed the application and information provided prior to this meeting, and the analysis by 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.

The applicant has submitted the following proposed zoning conditions: The applicant is proposing to increase the total number of residential units, remove the ownership requirement for the multi-family units, and increase the overall density within the proposed PDD.  The applicant is not proposing to revise any other conditions in the previously approved Highland Village Planned Development District (PDD).

Feedback at the Town Council Public Hearing: Mr. Michael Lattner of Cline Design Associates, on behalf of DHIC, stated the original planned unit development was submitted in August 2001, and there has been one amendment, approved in October 2002. He stated the proposal is to build 80 age restricted multi-family units. The applicant envisions one building similar to the existing Commons building that would flank the central green on the campus. He stated the proposal is consistent with the Town Center Area Plan, it requires no exceptions to the Land Development Ordinance and there is adequate infrastructure in place. He stated this proposal will have no impact to the school system. They held a neighborhood meeting on November 26, and no one voiced objections.

Mr. Greg Warren of DHIC stated they have three different apartment communities at Highland Village: (1) Highland Commons, with rents ranging from $300 to $700 based on income; (2) Highland Manor, which serves the lower income senior population; and (3) Highland Village Apartments, which are family apartments and are not age-restricted, although over half of the residents are seniors. They see a strong demand for senior housing. He stated the housing market at this time is difficult, and it would be difficult for DHIC to get financing to develop regular condominiums as for-sale units. They believe this request will address the demands of the community and will allow them to complete the final phase of this development.

A couple residents of Highland Village stated that they are in support of the proposed request. One resident stated that she is pleased with the management, maintenance staff, accessibility of Mr. Warren and the property manager. She has spoken with bus drivers, C-Tran riders and other area homeowners interested in moving into this type of development, and she hears a lot of interest in this proposal.

A Council member inquired if the applicant would consider whether some of the proposed units could be included as additional subsidized units.

Changes Since the Town Council Public Hearing: None

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 March 17, 2008 and voted 5-2 to forward this case to the Town Council with a recommendation for approval because the proposed amendment is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report.

Changes since the Planning and Zoning Board Meeting:  None

Consistency with the Comprehensive Plan

A.      Land Use Plan:  The Town Center Area Plan, an adopted element of the Town-wide Land Use Plan, designates this parcel for Mixed Density Residential (MXDR) uses.  MXDR allows for a mix of housing types ranging from medium-density to high-density mid-rise, with an overall density of at least 15 units per acre. This PDD amendment request is consistent with the Plan.

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

C.  Affordable Housing Plan:

The Town adopted an Affordable Housing Plan and the following goals are applicable to the proposal:

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.       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:

High House Rd.
Existing Section: Approx. 95’ right-of-way, 4-lane median divided

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

Road Improvements:  N/A

Sidewalks Requirements: Required on both sides

Bicycle Requirements: 14’ wide outside lane required

Transit Requirements:  None

Traffic Analysis:  A Traffic study was completed by HNTB (08-TAR-122a) and the following conclusions were made in the report:

•          No intersection or critical intersection movement for stop-controlled intersections is expected to experience a deficient peak hour level of service for the Central Transportation Zone thresholds (LOS F and a v/c>1.25).  The only stop-controlled movement that is/will be a LOS F is the northbound left-turn at the intersection of Old Apex Road and W. Chatham Street.  Peak hour traffic volumes for this movement are currently very light (less than 5 vehicles) and are not expected to change due to background or site-related trips.

•          No further mitigation is recommended at the time of this preliminary submittal.

E.  Parks & Greenways Master Plan:  Greenways Map
In accordance with the approved Parks, Recreation and Cultural Resources Facilities Master Plan, construction of a 10’ wide multi-use trail on the property frontage along High House Road, and extending to the intersection with Old Apex Road, will be required.  A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.  According to the Open Space and Historic Resources Plan (OSHRP) there are no issues related to this site.

Consistency with the Land Development Ordinance

F.  Environmental:  
According to the Town of Cary GIS maps, there is no impact to the parcels, which are affected directly by this PDD amendment request, from stream buffers.  Should a field determination identify a stream buffer, 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 PDD document previously approved, there is a 50’ Type “A” buffer along the majority of the CSX Railroad right-of-way. There is a short length along the southern portion of the CSX Railroad right-of-way that only has a 10’ Type “A” buffer. A 20’ Type “B” buffer was approved along the northwestern portion of the PDD boundary, northwest and south of Falcone Parkway along the northeastern boundaries of the PDD. A 20’ Type “C” buffer was approved along the eastern PDD boundary. A 20’ Type “C” buffer was also approved along the southeastern PDD boundary, east of Matheson Place. The applicant is not proposing to modify any of the previously approved buffer widths or types.

H. Streetscape: 
The previous PDD document was approved with a 30’ streetscape along High House Road and a 15’ streetscape along Matheson Place.

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.

The applicant is proposing to increase the total number of residential units, remove the ownership requirement for the multi-family units, and increase the overall density within the PDD. The current Highland Village PDD was approved for a total of 258 residential units, comprised of 60 condominiums, 48 townhouses and 150 apartments. The overall densities approved in the current PDD document ranges from 6.69-24.52 dwelling units per acre. The applicant is requesting an increase in the total number of units to 278, comprised of 48 townhouses and 230 multi-family units. Due to the requested increase in the total number of units, the overall densities would increase to 9-28.3 dwelling units per acre.

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 the Town 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.

* 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. 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.

***Although the applicant has indicated in the statement of justification and has added a statement to the PDD document that the units are age restricted for senior citizens, Staff is reviewing the enforceability of the PDD condition as proposed, which is why the school information is being provided. Also, the projected range of additional students has been calculated based upon the increase in units the applicant is proposing.

Applicant’s Justification Statement Submitted (November 29, 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? See Justification Statement attached.

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

3.  What are the benefits and detriments to the owner, neighbors and the community? See Justification Statement attached.

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? See Justification Statement attached.

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?  Applicants must list these items and/or clearly highlight them within the Planned Development document. See Justification Statement attached.

Attached Justification Statement

To Whom It May Concern:

We are requesting that the Town of Cary Town Council amend Highland Village PDD to remove for-sale 68 unit condominium requirement and allow 80 for-rent senior apartments. Our proposal simply mirror copies The Commons at Highland Village building to the condominium site at Highland Village. This request is reasonable since we are increasing the PDD density above 15 dwelling units per acre originally requested by Town Council.

The follow specifically address Application Par 6:

1. There are no issues with the size of the tract.

2. The request is compatible with the Comprehensive Plan. Land Use continues the residential use at Highland Village. Cary Plaza Overlay District suggests higher density development in this area. Transportation is decreased by senior residential units. There are no open space impacts.

3. The proposed senior product benefits the owner by providing a use that is in high demand in Cary. There are no foreseen detriments to the owner, neighbors, or community. Because it is age restricted for Senior Citizens, it has no affects to community schools and reduces the areas traffic counts.

4. The proposed use continues the same charm of Highland Village as a quiet affordable housing neighborhood in the heart of downtown Cary.

5. This PDD amendment requires no modifications to the Land Development Ordinance.

Ordinance for Consideration

07-REZ-35 Highland Village Planned Development District (PDD) Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 16.65 ACRES LOCATED NORTH OF HIGH HOUSE ROAD BETWEEN OLD APEX ROAD AND WEST CHATHAM STREET  OWNED BY DHIC, HIGHLAND VILLAGE LIMITED PARTNERSHIP, HIGHLAND MANOR APARTMENTS, INC., AND HIGHLAND SENIORS LIMITED PARTNERSHIP FROM HIGHLAND VILLAGE PDD TO  HIGHLAND VILLAGE PDD AMENDMENT.

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 Highland Village PDD to Highland Village PDD Amendment  subject to the individualized development conditions set forth within the Highland Village PDD Amendment, 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 set forth within the Highland Village PDD Amendment. 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 24, 2008