06-REZ-39 Cary Park Mixed Use Overlay District Rezoning Rezoning Staff Report to Town Council
Background Information
Existing Zoning: Planned Development District Major (PDD), Office and Institutional Conditional Use (OI-CU) and Residential 40 (R-40), with a Jordan Lake Watershed Overlay District
Requested Zoning: Add a Community Mixed Use Center Overlay District to the above zoning
Land Use Plan Designation: The Northwest Area Plan and Cary Land Use Plan designate a mixed-use Community Activity Center at this location (see NW Area Plan, Chapter 2, Section 2.4; specific recommended boundaries for the activity center are illustrated on the Town-wide Land Use Plan Map). This overlay zoning action
implements the Comprehensive Plan’s mixed-use Community Activity Center for these properties.
Acreage: 149.22 acres
Location: Intersection of Carpenter Fire Station Road and Cary Glen Blvd
Applicant:
Town of Cary PO Box 8005
316 North Academy Street Cary, NC 27513
(919) 469-4082
Town of Cary Case Manager:
Anna Readling, Senior Planner 316 N Academy Street
Cary, NC 27513 (919) 469-4084
[email protected] Summary of Requested Rezoning
This rezoning request is consistent with the Northwest Area Plan which recommends a mixed-use Community Activity Center at this location. A citizen has requested Mixed Use Overlay District (MUOD) zoning on his property at this location (see case 06-rez- 38). Because of this, staff believes now is the appropriate time to initiate MUOD zoning on the remainder of the planned Community Activity Center. This overlay zoning action implements the Plan’s mixed-use Community Activity Center for these properties. If approved, landowners can still develop using their base zoning, or they can choose to activate the MUOD zoning by submitting a mixed-use sketch plan for review. The MUOD zoning would offer property owners the possibility for additional uses and alternative designs.
A. Transportation
Green Level to Durham Road:
Existing Roadway Section: 2 lanes, 60’ right of way (ROW)
Future Roadway Section: 4 lanes, 100’ ROW with reservation for 6 lanes Schedule: FY ‘08/’09 developer agreement
Sidewalk Requirements: required on both sides Bicycle Requirements: 14’ wide outside lanes required Transit Requirements: None
Carpenter Fire Station Road:
Existing Roadway Section: 2 lanes, approximately 60’ right of way (ROW) Future Roadway Section: 4 lanes, 100’ ROW
Schedule: FY ‘08/’09 developer agreement Sidewalk Requirements: required on both sides Bicycle Requirements: 14’ wide outside lanes required Transit Requirements: None
Cary Glen Boulevard:
Existing Roadway Section: 2 lanes, 90’ right of way (ROW) Future Roadway Section: 2-3 of lanes, collector road Schedule: N/A
Sidewalk Requirements: required on both sides
Bicycle Requirements: 14’ wide outside lane or bike lane striping Transit Requirements: None
B. Traffic Impact Analysis:
A traffic impact analysis is not required for the application of a Mixed Use Overlay District requested in this case, but will be required in the future for any Mixed Use Sketch Plan(s) submitted within the boundary of this Overlay District.
C. Parks & Greenways:
The Parks, Recreation and Cultural Resources Facilities Master Plan calls for a 10’
wide multi-purpose trail along the east side of Green Level to Durham Road; a 10’
wide greenway trail along the eastern edge of the Mixed Use Overlay District boundary, running parallel with the proposed I-540; and a 10’ wide greenway trail along the north side of Panther Creek. All of these public trails must be constructed to Town of Cary standards.
Private, paved trail connections (minimum 6’ wide) will be required to connect
development to public greenway trails. Locations to be determined at time of site plan reviews. (This excludes any previously agreed-upon conditions for Cary Park PDD.) A recreation payment-in-lieu fee will be required for any subdivided residential units.
Development Plan Issues
The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels 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 spelled out 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
.
Reference Information
Meeting Schedule:
Town Council Public Hearing Date: February 22, 2007
Action: Forwarded to the April 16, 2007 Planning and Zoning Board meeting Planning & Zoning Board:
Date: April 16, 2007
Action: Recommended approval of the request 8-1 Town Council Action:
Date: May 24, 2007
Feedback at the Public Hearing
Staff presented the rezoning request and reported that a protest petition was received from Lincoln-Harris properties. Though Lincoln-Harris does own property in the affected area, the parcels they own do not constitute 20% of the area proposed for the overlay, so the petition was found to be insufficient. A supermajority vote will not be required for Council approval.
At the public hearing Jerry Turner of Jerry Turner and Associates spoke on behalf of Lincoln-Harris. Mr. Turner relayed his client’s concern that the Mixed-Use Overlay District may subject their property to additional design guidelines and/or other requirements that are more restrictive than the underlying zoning and the approved Cary Park PDD. No other persons spoke at the public hearing.
Since the public hearing, staff has been in contact with Mr. David Connor of Lincoln- Harris, and has provided him with a written statement addressing his concerns. If Lincoln-Harris chooses to develop their property under the existing PDD zoning, the only additional development standards associated with or imposed by the Mixed-Use Overlay District would be those items identified in Section 4.4.2(E) Development Standards, found in Chapter 5 of the LDO. At present, only items (1) through (4) of Section 4.4.2(E) would be applicable, since there is no Mixed-Use Sketch Plan in place for this overlay district.
Changes since the Town Council Public Hearing: None
Planning and Zoning Board Recommendation: The Planning and Zoning Board voted 8-1 to recommend that Council adopt an ordinance allowing this rezoning request. The dissenting member voiced concern about placing a mixed-use overlay district over land zoned Residential-40 (R-40).
Changes since the P&Z Board meeting: None
Consistency with the Comprehensive Plan and other adopted documents and policies: The governing element of the Comprehensive Plan for this area is the
Northwest Area Plan. This rezoning request is consistent with the Northwest Area Plan which recommends that these parcels be part of a Community Mixed Use Center. The requested rezoning helps to implement that Plan recommendation. (Note: There is an associated owner-initiated rezoning case, 06-REZ-38, which recommends application of the Community Mixed Use Overlay District to the remaining properties within the activity center.)
Ordinance for Consideration: 06-REZ-39 [Mixed Use Overlay District]
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 149.22 ACRES LOCATED AT THE INTERSECTION OF CARY GLEN BOULEVARD AND CARPENTER FIRE STATION ROAD FROM PLANNED DEVELOPMENT DISTRICT MAJOR (PDD), OFFICE AND INSTITUTIONAL CONDITIONAL USE (OI-CU) and RESIDENTIAL 40 (R-40) TO PLANNED DEVELOPMENT DISTRICT MAJOR (PDD), OFFICE AND INSTITUTIONAL CONDITIONAL USE (OI-CU) and RESIDENTIAL 40 (R-40) WITH A COMMUNITY MIXED USE OVERLAY DISTRICT.
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 (“Property”):
Parcel and Owner Information Property Owners
County Parcel Numbers (Pin 10)
Real Estate ID’s
Acres
±
Panther Creek Raleigh Lmt Prtnrsp.
190 Finley Golf Course Rd Chapel Hill, NC 27517
0725959113 0735040681 0735045243
0324345 0335024 0232337
10.98 2.09 1.50 BJB Glover Properties, LLC
112 Chariot Ct Cary, NC 27519
0725947661 0335023 2.23 Builder Resource and Development Co.
300 River Road W
Manakin Sabot, VA 23103
0735052287 0735058091
0266895 0299235
1.30 27.69 HT Cary Park #1 LLC
c/o Lincoln Harris
4201 Congress St, Ste 175 Charlotte, NC 28209
0725941163 0725944222
0159970 0008491
1.24 1.98 ITAC 116, LLC
c/o Investors Title Accom Corp 121 N. Columbia St
Chapel Hill, NC 27514
0725933520 0329584 14.91 Courtney Reserve Apts., LLC
100 Colonial Center Pkwy, Ste 470 Lake Mary, FL 32746
0725938978 0289290 11.03 CG Cary Limited Partnership
c/o Winn Residential 6 Faneuil Hall Market Place Boston, MA 02109
0725928999 0735020578
0289289 0289773
7.75 2.65
Seymour, Sydney W. Jr Hatcher, Hubert E.
4011 NC Highway 55 Cary, NC 27519
0735035058 0029356 28.00
2004 CDC Manager LLC 50 Hurt Plaza SE Ste 300 Atlanta, GA 30303
0735035869 0289288 9.39 M&R Pet Doc, LLC
105 Breezemere Ct Apex, NC 27502
0735048233 0022045 1.01 Stelzenmuller, William K. & Mary
7505 Carpenter Fire Station Road Cary, NC 27519
0735140189 0011206 1.68 Carolina Power & Light Co
P O Box 14042
St. Petersburg, FL 33733
0735143097 0735134272
0065210 0289284
4.06 19.73
Total 149.22
ac Section 2: That the Property is rezoned from Planned Development District Major (PDD), Office and Institutional Conditional Use (OI-CU) and Residential 40 (R-40) TO Planned Development District Major (PDD), Office and Institutional Conditional Use (OI-CU) and Residential 40 (R-40) with a Community Mixed Use Overlay District, subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.
Section 3: This ordinance shall be effective on the date of adoption.
Adopted and effective: May 24, 2007
Ernest F. McAlister Mayor
Date
