Town of Cary
North Carolina

Rezoning

17-REZ-12 Silverton PDD Amendment (Parcel H North)

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Katie Drye, Planning

 

Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map in the NE quadrant of the NW Cary Parkway and Evans Road intersection, accessed by Geyer Court. The rezoning request is to amend this portion of the previously approved Silverton Planned Development District (PDD) to change the use designation from Office and Institutional (O&I) to allow the development of townhomes with a maximum density of seven (7) dwellings per acre. 

 

Preliminary Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant. See below for more information on the recommendation.

 

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

Body

NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site.  Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan.

 

Click on map to see surrounding development activity.

 

 

SUBJECT PARCELS

 

Property Owner

County Parcel Numbers
(10-digit) (PIN)

Real Estate IDs (REID)

Addresses

Acreage

Land Properties, Inc.

104 Loch Stone Lane

Cary, NC 27518

0755928239

0204740

Unaddressed Properties

(Off of Geyer Court)

4.60

0765020044

 

0056752

1.27

0765010873

0204629

0.01

Total Area

5.88

 

OVERVIEW

 

Location of Subject Properties

Near the intersection of NW Cary Parkway and Evans Road, accessed by Geyer Court

Schedule

Town Council
Public Hearing
June 8, 2017

Planning & Zoning Board

Public Hearing

July 24, 2017

Town Council
 

TBD

Existing Zoning District(s)

PDD Major- Silverton (Parcel H), within the Mixed Use Overlay District (MUOD) 

Existing Zoning Conditions

Parcel H- Designated for Office and Institutional Use

Proposed Zoning District(s)

PDD Major- Silverton (Parcel H North)- Designated for Residential Multifamily (RMF)

Proposed Zoning Conditions

1. The use shall be limited to townhomes

 

2. The maximum number of units shall not exceed a density of seven (7) dwellings per acre.

 

3. A community gathering space shall be provided with a minimum of 3,000 square feet centrally located within the site. Elements shall include but are not limited to:

·         An accessible seating/plaza area (a minimum of 1,200 square feet) with:

o       Decorative pavement (brick pavers or equivalent)

o       Seating: benches/seats walls

o       Low walls/planters

·         Dog waste station/trash receptacle

·         Landscape beds and lawn area

 

4. Open space shall be provided with a minimum of 1,000 square feet per unit.

 

5. No community gathering space, mailbox kiosk, off-street parking (not including individual residential driveways), shall be located within 100 feet of Property Line ‘A’.  See attached zoning conditions exhibit*.

 

6. A 5-foot public sidewalk shall be extended from the point of current termination on Geyer Court to subject site.

 

7. Townhomes shall be limited to a single patio or deck, which shall be located on the ground floor. A note shall be placed on the recorded plat limiting each townhome unit to one (1) patio or deck.

 

8. Supplemental vegetation, in the form of evergreen trees, shall be provided on the subject site along Property Line “A”, where existing vegetation does not meet the requirements for the Town of Cary’s Type “A” standard for Evergreen Understory Trees. Evergreen understory trees shall be planted with a maximum spacing of ten (10) feet between trees. Understory evergreen trees shall attain a height at maturity of no less than eighteen (18) feet. See attached Zoning Conditions Exhibit*.

 

9. The driveway access to Cary Parkway shall be limited to a single right-in/right-out drive as permitted by NCDOT

 

10. A 6-foot-tall black aluminum fence shall be provided around the stormwater BMP.  The fence shall be located outside of any required SCM easements and not restrict access to the SCM. 

 

*The Zoning Conditions Exhibit prepared by the applicant is an attachment to the staff report.

 

Town Limits

 

The subject properties identified as Wake County PINs 0765020044 and 0765010873 are located in the Town of Cary Corporate Limits.

 

The subject property identified as Wake County PIN 0755928239 is outside the corporate limits but inside the Town of Cary ETJ. Annexation will be required prior to development plan approval.

Staff Contact

Katie Drye
919-469-4085
katie.drye@townofcary.org

Applicant 

Alex Crow

Capital Properties, LLC

Applicant’s Contact

Kathryn McPherson

ESP Associates, PA

5121 Kingdom Way, Suite 208

Raleigh, NC 27607

 

SUMMARY OF REQUEST

 

The Town of Cary has received a request to amend a portion of the previously approved Silverton PDD located near the intersection of NW Cary Parkway and Evans Road, accessed by Geyer Court. The properties are located within Parcel H of the Silverton PDD and are currently designated for Office and Institutional use. The applicant is seeking to amend the PDD to change the designation to residential multi-family (RMF) with proposed conditions limiting the use to townhomes with a maximum of seven (7) dwellings per acre. The applicant is also proposing conditions, among others, to increase the amount of community gathering space, and provide supplemental plantings. The full list of proposed conditions are included in the overview table of the staff report.  

 

The subject properties are currently vacant. The site is located to the southwest of and adjacent to the Windbrooke Townhome neighborhood, which is designated as Parcel R in the Silverton PDD (approved with a maximum density of 6 dwellings per acre). The subject site is northeast of properties developed as office and daycare uses (these properties are also part of Parcel H of the Silverton PDD).

 

Several sites near the intersection of Evans Road and NW Cary Parkway have active development proposals in process with the Town. The applicant for rezoning case 16-REZ-32 (see figure 2 below), is seeking to amend the Silverton PDD to change the designation of the site from retail, office, and institutional to allow for a life care community, multi-family dwellings, and townhomes.

 

The site at the southeast quadrant of Evans Road and Winfair Drive was recently approved through an amendment of the Silverton PDD (rezoning case 16-REZ-04) to change the designation to commercial and limiting the use to indoor and/or outdoor recreation. 

 

17-12 Nearby Development Activity

Figure 2: Development activity near the intersection of Evans Road and NW Cary Pkwy

 

17-REZ-12 PDD

 

 

SUMMARY OF PROCESS AND ACTIONS TO DATE

 

Notification
Notice of the public hearing on the proposed rezoning was mailed to property owners within 800 feet of the subject property, published on the Town’s website, and posted on the subject property.

 

Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on May 3, 2017. According to the information submitted by the applicant, 25 nearby property owners attended the meeting. Questions and concerns expressed at the meeting included concerns regarding the existing stream buffers that run between the subject site and the adjacent townhome community (Windbrooke) to the northeast, erosion control and stormwater impacts from construction, the proposed use (townhomes), traffic, loss of existing trees, and loss of land for office space. These concerns are summarized in the attached meeting minutes submitted by the applicant.

 

Town Council Public Hearing (June 8, 2017)

Staff presented an overview of the request, followed by the applicant’s agent who shared a justification for the request. There were three speakers at the Public Hearing, all representing residents of the adjacent neighborhood (Windbrooke). The speakers shared concerns with the Town Council which included:

§         Potential impact to the stream and stream buffers which run along the shared property line of the subject site and the Windbrooke neighborhood

§         Loss of land designated for office and institutional uses

§         Potential loss of trees

§         Increase in nearby development of residential units in the area (including an increase in traffic)

§         Concern about stormwater, erosion control measures, and placement of the stormwater control device

 

The council shared feedback regarding concern over the potential loss of land for office and institutional uses, impacts to stream buffers and stormwater, and increase in traffic (caused by an increase in similar uses in the area). Council members also had questions regarding nearby development proposals, specifically 16-REZ-32 Silverton PDD Amendment (Waltonwood) which is a rezoning application currently in review to allow a life care community, multi-family dwellings and townhomes on property which is currently designated for office and institutional use and retail (shopping center). Council also asked about the maximum allowed height under the current designation (the maximum height for an office building is 35 feet for a building within 100 feet of a residential district and 50 feet if the building is at least 100 feet from residential district, and the building heights can be increased as the building moves further away from the residential district). Council encouraged the applicant to review the conditions and the case as it moves forward to the Planning and Zoning Board, and consider ways to improve the rezoning request.

 

Changes Since the Town Council Public Hearing

The applicant has submitted additional conditions to the PDD amendment which include increasing the size of the community gathering space from 1,500 square feet to 3,000 square feet (the LDO requirement is 1,200 square feet based on the size of the site). The community gathering space will consist of decorative pavement (brick pavers or equivalent), seating benches, low walls or planters, dog waste receptacles, etc. The applicant has also added a condition proposing to increase the open space requirement to a minimum of 1,000 square feet per unit (the LDO requires a minimum of 500 square feet per unit). The applicant also submitted a conceptual cross-section of the site to illustrate the topography of the site and distance between the site and adjacent uses (see attachment to staff report).

 

Attached are the applicant’s responses to the justification questions contained in the application form. Please note that these statements are that of the applicant and do not necessarily represent the views of opinions of the Town of Cary.

 

SITE CHARACTERISTICS AND CONTEXT

 

Figure 4: Stream Buffers as indicated on the Town of Cary GIS maps

 

17-rez-12 topo map

Figure 5: Topography of site as indicated by Town of Cary GIS maps

 

 

Cary Community Plan Conformance and analysis

 

The 2040 Cary Community Plan (CCP) is the comprehensive plan for the Town of Cary, adopted on January 24, 2017.  This report section identifies policies and elements of the Community Plan that are relevant to this rezoning case, and provides an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.

 

Attached is a complete listing of each policy statement in the Cary Community Plan. Based on staff review and analysis of the descriptions and detailed intent of all the Plan’s policies, staff has identified policies applicable to this case and provides analysis of those policies below.

 

Chapter 2, LIVE, Policies

The Town’s LIVE policies respond to the housing challenges and opportunities facing Cary by:

§         Providing a variety of housing choices

§         Meeting new household needs

§         Maintaining high quality established neighborhoods 

Policy 1: Maintain Neighborhood Character

 

Staff Observations:  

The site is located within a Traditional Neighborhood which envisions a broad mix of housing types with the predominant use type being detached dwellings and townhomes. The proposed use type is considered appropriate for this site within the context of both the future growth framework and as a complementary building form to the adjacent townhome subdivision. The proposed use may also be considered context appropriate as it may provide an efficient use of the topography of the site. The subject parcel includes a steep slope, which if addressed sensitively, could lead to a site layout which could maximize the preservation of open space and existing natural features on the site. The applicant has offered to provide a minimum of 1,000 square feet of open space per unit, which is twice the minimum open space required (LDO requires a minimum of 500 square feet of open space per unit). The zoning condition would ensure that the proposed development plan would preserve certain natural areas creating a harmonious blend with the existing large vegetated buffers maintained by the neighboring developments. Additional conditions proposed for building form (townhomes) and  density (limited to 7units per acre) would maintain the open arcadian feel of the site and form a contextually sensitive infill and transition development between the adjacent uses and built forms.

 

Policy 2:  Provide More Housing Choices for All Residents

 

Staff Observations: 

The applicant’s request to change the zoning of the subject property to allow for the construction of townhomes would increase housing choices in the area simply by adding additional housing units. However it would not add any significant variety to the housing types currently available, as these are predominantly townhomes, nor is there any indication that the housing product developed would offer a broad range of housing types and unit sizes or include affordable options.

 

Policy 5:  Support Residential Development on Infill and Redevelopment Sites.

 

Staff Observations: 

The rezoning request is supported somewhat by this policy to the extent that the policy states that “development of sites within or adjacent to existing residential neighborhoods should be context sensitive and compatible with existing neighborhoods;” however, this is subject to the caveat that the policy also recognizes “that there may be cases where the desire for complementary designs be deemed less important than other objectives.” In the current rezoning a significant concern is the potential loss of land available for office development. However this concern is somewhat mitigated by the limited size, difficult topography and off street positioning of the parcel. While there is a general concern around the loss of prime office sites, the limited commercial appeal of this site would not make this issue the prime criterion in the evaluation of this request.

 

Policy 6:  Encourage and Support the Provision of Affordable Dwellings.

 

Staff Observations:  While the applicant specifies the provision of townhomes for the site, there is no indication that the proposed development will provide anything other than market-rate housing. Nevertheless, the development may provide additional dwellings at a lower price point than detached single-family alternatives. In addition, the site location would be located along a planned future GoCary transit route (NW Cary Parkway), and would be within a convenient distance to a number of employment destinations on Evans Road and in the nearby Weston area.

 

Chapter 3, WORK, Policies

The Town’s WORK policies respond to economic challenges and opportunities facing Cary by:

§         Maintaining a strong and diverse local economy

§         Providing a variety of employment options 

Policy 1:  Grow A Sustainable and Diversifying Workforce

 

Staff Observations:  As indicated above, the initial indications from the developer are that the proposed product will be a market rate development with limited house type. By adding alternatives to single-family detached housing in the Weston area close to existing employment centers, the proposed rezoning may help to support a sustainable workforce by providing housing options for millennial workers and smaller families.  However, it cannot be assured that this will be the case; it would depend on the actual type of townhomes ultimately developed.  

 

Policy 11:  Reserve and Provide Employment Sites in Traditional Office Parks

 

Staff Observations:  The subject parcels lie at the edge of an employment mixed use campus (see Growth Framework Map below) and are directly adjacent to an existing small office park (Parkway Professional Park, Multi-Tenant Space and Dental Society of NC office space) and a daycare center (Primrose Pre-School). The subject site at 5.88 acres, if developed for office use, would support a floor space of between 46,000 and 77,000 square feet. The TJCOG regional development model assumes 3.3 employees per 1,000 square feet, so that would support some 152-254 employees. The site would face some significant development constraints related to topography and the location of a stream buffer which bisects a portion of the parcels; however, this would not preclude the successful development of office space and this indeed may be a use which would work with the topography. Nevertheless, in the current case the lack of street visibility, the limited size of the parcel, and the site challenges all limit the attraction and importance of this site as an office development.

 

Policy 12:  Transform Selected Office Parks into Employment Mixed Use Campuses

 

Staff Observations:  The proposed rezoning may be supported to an extent by Shape Policy 3 “Support and Facilitate Redevelopment and Infill Development” and would follow the historic trend of mixing residential development into the Weston office park area, particularly on smaller parcels which have remained vacant for some time or which have particular development challenges such as site topography associated with them. There is, nevertheless, a concern that the parcels that have been rezoned have been almost exclusively for residential use.  At this point the Weston area has a growing inventory of housing mixed in with the existing office development, but almost no dining, retail, grocery, or services.  At a broader scale the issue for the Weston area in general is how to attract those services to support existing residential developments, rather than increasing the residential base and thereby further limiting the opportunity to create truly mixed campuses.

 

ENGAGE:  Goals from the Parks, Recreation and Cultural Resources Master Plan

PRCR Plan Goal 1 – Maintain a diverse and balanced park and open space system as the Town of Cary grows.

PRCR Plan Goal 2 - Provide Cary citizens with a highly functional, safe, well-maintained greenway network that provides recreation, transportation, and education opportunities and wildlife benefits.

According to the Parks, Recreation and Cultural Resources Facilities Master Plan there are no parks proposed on this site. The subject property is located within ¾ mile of North Cary Park. Street-side trail is proposed along the property frontage on NW Cary Parkway.  The master plan did not propose the subject property for open space conservation.

 

A recreation fund payment or park land dedication will be required for residential development in accordance with the Land Development Ordinance.  Staff has recommended that a recreation fund payment be made for this site in lieu of a land dedication.

 

 

Chapter 6, SHAPE, Policies

The Town’s SHAPE policies guide future growth by creating the geographic development framework that best achieves the vision and policies contained in the other plan chapters, particularly LIVE, WORK, SHOP, ENGAGE, MOVE, and SERVE.

Policy 3:  Encourage mixed use development

 

Staff Observations: While the proposed rezoning may be supported to an extent by SHAPE Policy 3: “Support and Facilitate Redevelopment and Infill Development”, the concern identified in Work Policy 12 above remains -- that the parcels that have been rezoned in this area have been almost exclusively rezoned for residential use.  As indicated, Weston has a growing inventory of housing mixed in with the existing office development, but almost no dining, retail, grocery, or services.  The more significant issue for the Weston area in general is how to attract those services to support existing residential developments to promote genuinely mixed campuses.

 

Policy 4:  Support and Facilitate Redevelopment and Infill Development

 

Staff Observations:  See LIVE Policy 5 above.

 

Policy 6:  Provide Appropriate Transitions Between Land Uses.

 

Staff Observations:  The intent of this policy and the associated LIVE and SHAPE policies is to manage the integration of new developments with the established built form and to provide for harmonious transitions between different types and intensities of land uses. However, the CCP also recognizes the reality that infill and redevelopment sites are often located adjacent to areas with established development patterns that create challenges for good design, and are often on sites that also have physical development challenges that require creative design solutions. Both the current zoning and the proposed townhome development could provide an appropriate transition for this site if the proposed layout worked with the current site contours. Either a townhome or a multi-level office development could achieve this. However, the parking required for an office development may provide impervious surface challenges and could require the wholesale denuding of the existing wooded areas in a way in which the townhome development may not. At this point the applicant has proposed conditions which would assist in the creation of an appropriate transition by restricting the use to townhomes, offering an increase in the size of the community gathering space, and adding supplemental vegetation and an enhanced buffer between the site and the adjacent townhomes. It is likely that the buffer proposed for the perimeter between the site and the existing office would be sufficient to provide adequate screening to minimize any potential disharmony in building aesthetics. A similar separation would be created at the other perimeter; however, the scale, type, density, and massing of adjacent townhome developments are such that attention would focus primarily on architectural elements for aesthetic continuity. Such a transition would be more difficult to achieve with a non-residential building form. Nevertheless, enlightened site placement and the creative use of scale and differing elevation features could also create a harmonious building transition. It should be noted that no conditions have been offered that would guarantee such an approach, but the challenge of achieving contextual design is less onerous with the proposed residential development type.

 

Future Growth Framework Map

The Development Category for the subject properties is Traditional Neighborhood, depicted in light pink in the above image. Traditional neighborhoods tend to be more homogeneous in terms of housing types than heritage or mixed neighborhoods but are often more heterogeneous in use types. While these Neighborhoods are often predominately residential in nature, a variety of land use types were envisaged in the original development with specific areas or “pods” being identified for alternative zoning within the overall development. Though these pods were limited in number, the intent was to promote the planned incorporation of other uses to facilitate local commercial and retail investment.

 

MOVE: Comprehensive Transportation Plan

Cary’s MOVE policies are designed to respond to transportation challenges and opportunities:

§         Provide an efficient, functional, and well-designed transportation system

§         Allow mobility choices

Ensure Safety for All Users and Modes (Policy 1)

Apply Multimodal Street Designs (Policy 2)

Design Transportation Infrastructure to Address Land Use Context (Policy 3)

Focus Investments on Improving Connections and Closing Gaps (Policy 4)

Minimize Thoroughfare Widths (Policy 5)

Improve Pedestrian and Bicycle Crossings (Policy 6)

Target Transit Investments (Policy 7)

Ensure a Well-Maintained System (Policy 8)

 

Cary’s transportation requirements for development are a reflection of the Move Chapter policies. Planned improvements illustrated on the adopted Move chapter maps were developed to ensure the safety and accommodation of all users and modes, reflect land use considerations, provide additional system connections, close gaps, and minimize thoroughfare widths wherever possible.  

NW Cary Parkway

 

Existing Road Cross Section:  2-3 lanes in 105-foot – 110- right-of-way

 

Future NW Cary Parkway:  4-lane median divided thoroughfare

 

Future Planned Road Cross Section: 78 feet back-of-curb to back-of-curb in 100-foot right-of-way
Sidewalks:  5-foot sidewalks planned on both sides of the road; currently exists on one side
Bicycle Lanes:  14-foot-wide outside lane on both sides
Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects:  N/A

Transit:  This site is adjacent to a planned future transit route along Cary Parkway.

 

Note:  Streets in Cary are typically constructed or widened in increments, with developers generally completing the half-width section along their frontage when the property is developed. Construction of off-site improvements are not required but may be voluntarily offered as zoning conditions by applicants for rezoning cases. In some cases construction of off-site improvements may be required by NCDOT.

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

Density and Dimensional Standards

 

Existing Zoning District

PDD (OI designation)

Proposed Zoning District
PDD (to allow townhomes)

Max. Gross Density

--

Per Zoning Condition:  7* du/acre

Min. Lot Size

--

--

Minimum Lot Width

--

20 feet

Roadway Setback

30 feet

Min. of 18 feet when parking is provided between the roadway and dwelling unit; 10 feet when parking is not provided between roadway and dwelling unit

Side Yard Setback 1

--

0/3 feet minimum

16 feet minimum between building groupings

Rear Yard Setback 1

--

The width of the roadway or front and rear setbacks combined shall equal at least twenty (20) feet and any individual rear setback shall be at least three (3) feet.

Maximum Building Height

Within 100 feet of a residential district: 35 feet plus 1 foot for every foot provided in addition to the minimum setback;

More than 100 feet from a residential district: 50 feet plus 1 foot for every foot provided in addition to the minimum setback

35 feet (May be increased by one foot for every additional foot provided between the building footprint and the minimum required setback).

*For a point of reference, typical RMF zoning districts allow a maximum of 12 du/ac. The applicant has proposed a zoning condition to limit the density to 7 dwelling units per acre.

1   Unless a zoning condition voluntarily offered by the applicant states otherwise, where a regulatory stream buffer forms a rear or side property line of a lot, and pursuant to NCGS 143-214.23A(f), the Town must attribute to each lot abutting the stream buffer a proportionate share of the stream buffer area (a) for purposes of lot area requirements (i.e., the portion of the stream buffer between the applicable lot line and the near edge of the associated stream will be included for the purpose of determining if the minimum lot size requirement of the LDO is satisfied); and (b) for purposes of calculating the minimum rear or side setback and perimeter buffer if applicable (i.e., the setback or buffer will be measured from the near edge of the associated stream instead of from the actual property boundary).

 

 

 

 

 

 

 

Landscape Buffer/ Streetscape

In accordance with Chapter 7 of the LDO, and based on the proposed use of townhomes and conditions proposed by the applicant, the following landscape buffers and streetscapes would be required. See image below.

 

 

Traffic

The proposed rezoning of 5.88 acres with a maximum density of 7 dwelling units per acre would result in a maximum of 41 dwelling units.  Based on the ITE Trip Generation Manual, 9th edition, Land Use Code 230 – Residential Condominium/Townhouse, the proposed rezoning is anticipated to generate approximately 25 AM and 29 PM peak hour trips. The threshold for a traffic study is 100 peak-hour trips; therefore, a traffic study was not required.

 

Stormwater

At the time of site plan review, the future plan must meet all stormwater management and detention requirements of the Land Development Ordinance.

 

Preliminary staff recommendation

 

Based on the analysis in this staff report, Town Staff’s preliminary recommendation is for approval of the rezoning request with the conditions as proposed by the applicant.

 

Rationale for Recommendation

§         The PDD Amendment request is to change the designation of a portion of Parcel H in the Silverton PDD from Office and Institutional use to allow for townhomes. This request, if approved, would represent a loss of land currently designated for office and institutional uses. The site, however, is located in the Traditional Neighborhood designation of the Future Growth Framework Map, which specifies primary use types as single family homes and townhomes. Further, the concern of loss of land for office use is somewhat mitigated by the limited size (a portion of Parcel H is already developed with office and institutional uses), difficult topography and off street positioning of the site. On balance, staff’s analysis of the rezoning request, finds the request to be generally consistent with the policies of the Cary Community Plan, specifically policies found in the chapters for LIVE, ENGAGE, SHAPE and MOVE.

 

Note: This is staff’s preliminary recommendation. A separate recommendation will be made by the Planning and Zoning Board, and the final decision will be made by the Town Council. Staff’s preliminary recommendation is based on the proposal at the time of this report and a final staff recommendation will be provided at the time of the Town Council final action.