2018 Zoning and Preliminary Development Plan (17-REZ-14)

On January 25, 2018, the Town Council approved the rezoning of approximately 92 acres on the north side of Cary Towne Boulevard between I-40 and Adams Elementary School from Office-Institutional (OI) and Resource Recreation (RR) to Mixed Use District (MXD). The new zoning included a Preliminary Development Plan (PDP) for a proposed mixed-use development named “Fenton.” 

The PDP includes vertically mixed uses designed around an ‘L-shaped’ main street where residential and/or office uses are located on top of ground-floor retail tenants. The PDP layout generally consists of a grid-like pattern of streets and provides a variety of pedestrian corridors. The plan includes eight parking decks, with many of the buildings wrapping around and screening the decks. Several office buildings and one or more hotels are also included as part of the project. Six community gathering areas are also integrated into the development to provide both passive and active opportunities for residents and visitors.

Rezoning Ordinance Amendment (17-REZ-14A)

On September 27, 2018, the Town Council approved a minor technical amendment to the Fenton rezoning ordinance that was adopted on January 25, 2018. The original ordinance required that Columbia Development Group, LLC, purchase the property from the State of North Carolina before the zoning would become effective. The amendment changed this requirement to permit purchase by either Columbia or a related entity in which Columbia has ownership interest and an operational role.

Development Agreement

One of Fenton’s zoning conditions is that a development agreement must be approved prior to development plans being reviewed and approved for the site. The Town and developer worked together to prepare a development agreement that was adopted by the Town Council on October 25, 2018.

The adopted development agreement provides for careful integration between public capital facilities construction and the phasing of Fenton to ensure that public facilities are available and enjoyed by Town citizens before Fenton generates substantial increased demand on existing public facilities. The Master Developer will bear all upfront costs to construct significant public facilities (roads, utility infrastructure, and greenway) and will be reimbursed by the Town after significant development milestones are reached. 

In addition, all eligible office space will be designed to achieve an ENERGY STAR score of 75 or greater. In recognition of this and other significant contributions to the reduction of energy consumption, the Town will pay certain development-related fees for the initial phases of development. The master developer will also financially participate in future traffic studies and funding of future transportation improvements as more office space is developed at Fenton.    

Zoning Process





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