Town of Cary
North Carolina

Rezoning
Referred to Planning & Zoning
Aug 23, 2018 6:30 PM

17-REZ-14A Amendment of Fenton Mixed Use Rezoning Ordinance

Information

Department:Planning and Development ServicesSponsors:
Category:Amendment

Attachments

  1. Printout
  2. 17-REZ-14 Signed Ordinance

Speaker: Rob Wilson, Development Services

 

Executive Summary:  On January 25, 2018 Council approved a rezoning ordinance for the Fenton Mixed Use Development, which required that Columbia Development Group, LLC, purchase the property from the State of North Carolina before the zoning would become effective.  Columbia has requested that this requirement be amended to permit purchase by either Columbia or a related entity in which Columbia has an ownership interest and an operational role.

 

Recommendation: That Council conduct a public hearing on the proposed zoning ordinance amendment and forward to the Planning and Zoning Board. Staff will provide a recommendation on the zoning ordinance amendment request when the case is brought back to Council for action.

 

Planning and Zoning Board Recommendation: The recommendation will be provided to Town Council following the P&Z Board meeting.

Body

Background:

On January 25, 2018, Council approved Rezoning Ordinance 17-REZ-14 Fenton Mixed Use Development MXD district (“Fenton District”), which rezoned approximately 92 acres of land adjacent to WakeMed Soccer Park, north of Cary Towne Boulevard, and near the interchange of Cary Towne Boulevard and Interstate 40 (the “Property”).  The site is one of the last remaining large undeveloped parcels of land in the Eastern Cary Gateway Special Planning Area (SPA). 

 

 

The Preliminary Development Plan (PDP) associated with the Fenton District sets forth many details and components of the proposed development of the Property such as (1) mixed-use development designed around an ‘L-shaped’ main street where residential and office uses are located on top of ground-floor retail uses, (2) a curvilinear grid pattern of streets with a variety of pedestrian corridors, (3) multiple parking decks, with buildings or other appropriate materials wrapping around and screening these decks, (4) several office buildings and one or more hotels, and (5) street-level retail including restaurants, hotels, institutional, and multifamily residential units. 

 

Development in the Fenton District is also required to adhere to a “Design Guidebook” which sets forth special and context specific development standards relating to building architecture, site design, and signage, and requires that development of buildings, structures, hardscape, site furnishings, lighting, screening, landscaping, signage, and public art be in accord with the Design Guidebook.

 

 

One of the conditions of the Fenton Preliminary Development Plan is that a development agreement must be approved by the Town Council prior to the submittal of a detailed development plan.  The developer has been working in good faith with Town staff on this requirement, and we anticipate that a development agreement will be ready for a public hearing and Council’s consideration this fall.

 

Proposed Ordinance Amendment

The Property is currently owned by the State of North Carolina.  Columbia Development Group, LLC, (“Columbia”) has a purchase agreement with the State for the Property.  Therefore, the currently adopted Rezoning Ordinance included the following provision:

 

“This Ordinance shall become effective upon the sale and closing of the Property to Columbia Development Group, LLC, as evidenced by a deed properly recorded in the Wake County Register of Deeds Office.  If that sale and closing does not occur prior to June 30, 2019, this zoning ordinance is of no effect.”

 

After adoption of the Rezoning Ordinance, Columbia entered into discussions with a potential development partner.  At this time, Columbia anticipates creating a new entity, which will purchase the Property instead of Columbia.  Columbia, its owners, managers, or principals will have an ownership interest and an operational role in the new entity.  Therefore, Columbia requests that Section 4 of the Rezoning Ordinance be amended to read as follows (new text is underlined, text to be deleted is shown with strikeout): 

 

This Ordinance shall become effective upon the sale and closing of the Property to Columbia Development Group, LLC or a related entity in which Columbia Development Group, LLC, its owners, managers, or principals own a portion of the entity and participate in operations of the entity, including significant involvement, responsibility, and supervisory authority in the development of the Property known as The Fenton District.  Such sale and closing shall be as evidenced by a deed properly recorded in the Wake County Register of Deeds Office, with a recorded certificate from Columbia Development Group, LLC that the requisite ownership and operational control interests have been satisfied.   If that sale and closing does not occur prior to June 30, 2019, this zoning ordinance is of no effect.

 

 

Procedure

State law requires that a public hearing be held for any amendment to a zoning ordinance, and that all zoning amendments be referred to the Planning and Zoning Board for a determination of consistency with the Comprehensive Plan. As the applicant has not requested any changes to the Town’s zoning map, no neighborhood meeting is required.  Notice of the public hearing on the proposed rezoning was published on the Town’s website and posted on the subject property.

 

Discussion:  The zoning ordinance amendment does not propose any changes regarding allowed uses, intensity of uses, or to any of the conditions included in the Fenton District or approved PDP.  The only proposed change is an amendment to modify the identity of the entity that must close on the property and activate the already approved zoning ordinance.  Columbia Development Group, LLC, or its owners, managers or principals would still be required to have an ownership and operational role in the owning entity for the MXD zoning to be utilized.

 

Next Steps:  Council may forward the case to the Planning and Zoning Board for their review and recommendation. After making their recommendation, the Planning and Zoning Board will forward the case back to Council for final action.

 

 

DRAFT ORDINANCE FOR CONSIDERATION

 

DRAFT ORDINANCE FOR CONSIDERATION

 

17-REZ-14A Amendment of Fenton Mixed Use Rezoning Ordinance

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

 

Rezoning Ordinance 17-REZ-14 is hereby amended by deleting Section 4 in its entirety and replacing it with the following:

 

Section 4:

This Ordinance shall become effective upon the sale and closing of the Property to Columbia Development Group, LLC or a related entity in which Columbia Development Group, LLC, its owners, managers, or principals own a portion of the entity and participate in operations of the entity, including significant involvement, responsibility, and supervisory authority in the development of the Property known as The Fenton District.  Such sale and closing shall be evidenced by a deed properly recorded in the Wake County Register of Deeds Office, with a recorded certificate from Columbia Development Group, LLC that the requisite ownership and operational control interests have been satisfied.   If that sale and closing does not occur prior to June 30, 2019, this zoning ordinance is of no effect.