Town of Cary
North Carolina

Rezoning

17-REZ-07 Urban Drive Rezoning

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Meredith Gruber, Planning Department

 

Executive Summary:  The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning property located at 110 Urban Drive from Town Center – Medium Density Residential (TC-MDR) to Town Center – Mixed Use – Conditional Use (TC-MXD-CU) to allow development of townhomes, multifamily dwellings, and/or a neighborhood recreation center. 

 

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

 

Planning and Zoning Board Recommendation: The Planning and Zoning Board recommended denial by a vote of 7 – 1.

 

This rezoning has an associated Consistency and Reasonableness Statement incorporated into the suggested Motions accompanying this agenda item.

Body

NOTE: The purpose of the rezoning is to determine whether the land uses and densities allowed in the proposed zoning district are appropriate for the site.  Section 3.4.1(E) of the Land Development Ordinance sets forth the criteria that should be considered in reviewing rezonings. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan.

 

17-REZ-07 vicmap cropped

Click on map above to access the Town of Cary's Interactive Development Map
which displays development projects around Cary.

 

 

SUBJECT PARCELS

 

Property Owner(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Address

Deeded Acreage

Charles R. & Teresa A. Smith

0764711695

0049403

110 Urban Drive

0.19

 

 

overview

 

Schedule

Town Council Public Hearing
June 8, 2017

Planning & Zoning Board
October 23, 2017

Town Council
January 11, 2018

Existing Zoning District(s)

Town Center – Medium Density Residential (TC-MDR)

Existing Zoning Conditions

None

Proposed Zoning District(s)

Town Center – Mixed Use Conditional Use (TC-MXD CU)

Proposed Zoning Conditions

1.      Uses on the property shall be limited to Townhouse; Multi-family dwelling; Neighborhood recreation center, public; and Neighborhood recreation center, indoor/outdoor, private.

2.      Stormwater runoff from the roof and driveways of any townhome building constructed upon the property shall be diverted to the existing stormwater system within Chatham Street.

3.      Any townhome dwelling unit with frontage along Urban Drive shall have its primary entrance facing Urban Drive.

4.      A six foot (6') tall solid fence or wall shall be constructed and installed within ten feet (10’) of the common boundary line of the subject property and Wake County PIN 0764-71-2662.

5.      The following architectural standards shall apply to residential buildings constructed upon the property:

a.       A minimum of 35% masonry shall be provided for the (i) front of any townhome and (ii) the side of any townhome facing Urban Drive;

b.       With the exception of soffits and architectural accents, no vinyl siding shall be permitted.

6.      There shall be a minimum ten foot (10’) building setback between buildings constructed upon the subject property and the common boundary with Wake County PIN 0764-71-2662.

Town Limits

Yes 

Applicant 

Charles R. & Teresa A. Smith

Applicant’s Contact

Jason Barron, Morningstar Law Group

919-590-0371

jbarron@morningstarlawgroup.com

Staff Contact

Meredith Gruber

919-460-4983

meredith.gruber@townofcary.org

 

summary of request

 

The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning property located at 110 Urban Drive from Town Center – Medium Density Residential (TC-MDR) to Town Center – Mixed Use – Conditional Use (TC-MXD-CU).  The proposed zoning condition specifies that uses on the property shall be limited to Townhouse; Multi-family dwelling; Neighborhood recreation center, public; and Neighborhood recreation center, indoor/outdoor, private.

 

17-REZ-07 Town Map

The subject property is located on Urban Drive in Downtown Cary.

 

 

summary of process and actions to date

 

Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on March 15, 2017.   According to the information submitted by the applicant, 16 nearby property owners attended the meeting.   Questions and comments discussed at the meeting included concerns about preservation of historic character, the desirability of living next to townhomes, and potential traffic and safety issues.

 

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 or opinions of the Town of Cary.

 

Town Council Public Hearing (June 8, 2017)

Staff presented an overview of the case, and the applicant’s agent provided justification for the rezoning request.

 

There were 18 speakers who addressed the Town Council at the public hearing.  Thirteen people spoke against the rezoning request citing concerns about transitions between land uses, property value, traffic, and flooding.  Four people spoke in favor of the rezoning request, one of which spoke on behalf of the Heart of Cary and another on behalf of downtown business owners.  Those speaking in favor of the case noted that adding housing options will support downtown businesses.

 

Following the public hearing, Council asked first about flooding.  Staff responded that stormwater requirements must be met for all new developments.  Council also asked about parking requirements, transitions between different land uses, and housing types.   Council members noted that we are going to see more infill and redevelopment cases in the future, and this area is going to continue to change.

 

Changes since the Town Council Public Hearing

The applicant has added conditions, numbered 2 – 5 below, to the rezoning request since the public hearing at Town Council:

 

1.      Uses on the property shall be limited to Townhouse; Multi-family dwelling; Neighborhood recreation center, public; and Neighborhood recreation center, indoor/outdoor, private.

2.      Stormwater runoff from the roof and driveways of any townhome building constructed upon the property shall be diverted to the existing stormwater system within Chatham Street.

3.      Any townhome dwelling unit with frontage along Urban Drive shall have its primary entrance facing Urban Drive.

4.      A six foot (6') tall solid fence or wall shall be constructed and installed within ten feet (10’) of the common boundary line of the subject property and Wake County PIN 0764-71-2662.

5.      The following architectural standards shall apply to residential buildings constructed upon the property:

a.       A minimum of 35% masonry shall be provided for the (i) front of any townhome and (ii) the side of any townhome facing Urban Drive;

b.      With the exception of soffits and architectural accents, no vinyl siding shall be permitted.

Planning and Zoning Board Public Hearing (October 23, 2017)

Staff presented an overview of the case, and the applicant’s agent provided justification for the rezoning request.

 

At the public hearing, seven people spoke against the request.  They cited concerns about neighborhood character, transitions between uses, setbacks, and building height.

 

Board members discussed the proposed zoning conditions such as directing stormwater runoff and wall/fence appearance.  The board also discussed transitions between uses, housing stock in the area, buffers, and setbacks.  When asked about buffer and setback requirements, staff responded that there are no setback requirements in the Mixed Use (MXD) subdistrict.  In the Medium Density Residential (MDR) subdistrict, the front setback is 10 feet (18 feet if there is a driveway), side setbacks should total 16 feet, and the rear setback is 10 feet.

 

The Planning and Zoning Board recommended denial with a vote of 7 to 1.  Board members supported the motion for denial due to concern for displacement of housing, lack of transition between uses, lack of setback requirements, and preference for more holistic view of redevelopment.  The dissenting board member noted the offered conditions would have the least impact on the surrounding neighborhood.  The member also noted that townhomes could be built on the subject property within the current zoning district, and conditions would not be offered.

 

Changes since the Planning and Zoning Board Public Hearing

The applicant has added the condition below to the rezoning request since the public hearing at the Planning and Zoning Board meeting in October:

 

§         There shall be a minimum ten foot (10’) building setback between buildings constructed upon the subject property and the common boundary with Wake County PIN 0764-71-2662.

 

site characteristics and context

 

Streams:  Cary’s most recent geographic information systems (GIS) maps do not show streams on the subject property.

 

Stream Buffer Map:

 

 

Adjacent Zoning and Uses:

 

The zoning categories in Downtown Cary date from adoption of the LDO in July 2003, which were developed to implement and tie back to the Town Center Area Plan (TCAP) that was adopted by Town Council in 2001.  The TCAP guided the overall development of downtown through 2016.  The Downtown Special Planning Area (SPA), part of the Cary Community Plan (adopted in January 2017), is the first complete update of the vision and plan for downtown Cary since 2001.  The Imagine Cary Community Plan and the Downtown SPA are discussed below in the Cary Community Plan Conformance and Analysis section of the report.

 

 

Existing zoning for the vicinity is depicted in the map above, and both the zoning and adjacent land uses for the subject property are listed in the table below.

 

Property

Zoning

Current Land Use

Subject Property

Existing:  Town Center – Medium Density Residential (TC-MDR)

Proposed:  Town Center – Mixed Use Conditional Use (TC-MXD CU)

Detached dwelling

North of Subject Property

Town Center – Mixed Use (TC-MXD)

Detached dwelling

 

Note:  A development plan is in review for a 4-story condominium building for property located at 318 E. Chatham St.

West of Subject Property

Town Center – Mixed Use (TC-MXD) and Town Center – Low Density Residential (TC-LDR)

Detached dwellings

 

Note:  A development plan is in review for a 4-story condominium building for property located at 312 E. Chatham St.

South of Subject Property

Town Center – Medium Density Residential (TC-MDR)

Detached dwelling

East of Subject Property (on the opposite side of Urban Drive)

Town Center – Medium Density Residential (TC-MDR)

Detached dwelling

 

Town Center Mixed Use (TC-MXD) indicates a mix of commercial, office, and medium to high density residential uses.  Residential uses permitted in this zoning district include townhouses, semi-detached or attached dwellings, and multifamily dwellings.  The maximum residential density allowed is 25 dwellings per acre.

 

Town Center Medium Density Residential (TC-MDR) includes housing densities between 4 and 8 dwellings per acre and can include single family detached and semi-detached units, townhouses, duplexes, and triplexes.

 

Town Center Low Density Residential (TC-LDR) includes primarily single family residential dwellings with a density range from 1 to 4 units per acre.

 

 

cary community plan conformance and analysis

 

The 2040 Imagine Cary Community Plan is the comprehensive plan for the Town of Cary, adopted on January 24, 2017.  The purpose of the Cary Community Plan is to articulate the Town’s vision and values, and set the course for achieving Cary’s desired future.

 

Attached to this staff report is a complete listing of each policy in the Cary Community Plan.  The table below includes relevant policies and elements of the Community Plan applicable to this case.  This table also includes a general analysis by staff of the extent this proposed rezoning request conforms to these policies and recommendations.

 

shape Policies

The Town’s SHAPE policies guide future growth by:

§         Supporting the Town’s economic development efforts

§         Efficiently using existing and planned infrastructure

§         Ensuring the Town’s fiscal health

§         Maintaining the high quality of development found today

Focus the Most Intense Types of Development in Strategic Locations (Policy 2)

Support and Facilitate Redevelopment and Infill Development (Policy 4)

Provide Appropriate Transitions Between Land Uses (Policy 6)

Preserve and Maintain Cary’s Attractive Appearance and Quality of Development (Policy 8)

 

Analysis:

The applicant’s request to rezone the subject property to allow townhomes and/or multifamily housing is supported by the SHAPE policies based on:

§         Downtown is a targeted location for higher density housing.

§         Cary supports infill and redevelopment, particularly within mixed use areas such as Downtown. (Policy 4)

 

With any type of development or redevelopment, appropriate transitions and maintenance of Cary’s attractive appearance must be made.  (Policy 6)

§         At the Neighborhood Meeting on March 15, 2017, residents shared concerns about potential changes in the character of their neighborhood and concerns about the transition between their single family homes and the site’s proposed housing types.

§         The Imagine Cary Community Plan provides guidance on how to make transitions between land uses—through building form, land use, architecture, landscaping, or some combination of these methods.  The goal of a successful transition is for two or more different land uses to function together in a context-sensitive way.

§         Transitions and appearance of development are addressed through Cary’s Land Development Ordinance and Community Appearance Manual, while other aspects can be addressed during the rezoning process through the provision of zoning conditions. 

o       The applicant has offered a condition to limit uses on the subject property to townhomes, multifamily housing, or a neighborhood recreation center; this could provide the opportunity for a transition to be made through land use.  The proposed residential uses will be more compatible with the adjacent residential neighborhood than having the types of office, retail, services, or restaurant uses that might otherwise be allowed in TC-MXD district. 

o       The applicant has also offered conditions related to building design and architecture.  These include locating the principal entrance on Urban Drive for any townhomes with frontage on Urban Drive, providing a minimum percentage of masonry material on building facades, and limiting the use of vinyl siding to soffits and architectural accents.  The intent of these conditions is to provide an architectural transition between the existing single family homes and any new adjacent residential development.

o       Conditions have also been offered to provide a six-foot tall fence or wall within ten feet of the boundary line and a ten-foot building setback between 110 Urban Drive and 114 Urban Drive. 

§         The appearance of public areas, public views, and private views will be addressed during the development review process.  (Policy 8)

 

Future Growth Framework and Development Category

 

 

As per the Future Growth Framework Map, the subject property is located in the Downtown Special Planning Area.  The policies and vision for Downtown are described below.

 

Downtown Special Planning Area

The policies for Downtown Cary are designed to meet the vision for this area.

Foster Downtown’s Authentic Character (Policy 1)

Encourage All Downtown Subareas to Share a Common Identity (Policy 2)

Foster the Development of Connected and Cohesive Downtown Subareas (Policy 3)

Encourage Downtown Reinvestment and Redevelopment (Policy 5)

Support a Range of Uses in Downtown (Policy 6)

 

Analysis:

Policy direction to consider when reviewing the applicant’s request to increase housing types and density includes the following:

§         New development should highlight and complement the character of valued areas.

§         Encourage redevelopment, improvement, and reinvestment to strengthen the downtown market and enhance economic vitality.

§         Support a range of uses in Downtown Cary including single and multifamily housing, live/work units, retail, dining, personal services, offices, institutional uses, and recreation sites.

§         Downtown is separated into subareas to plan for the unique contexts and opportunities in each of the five areas.  The subject site is located within the Central Chatham subarea, the vision for which is described below.

 

Downtown Subdistricts

Downtown Cary is separated into five subareas in the Downtown SPA.  The subject property is located in the Central Chatham Subdistrict.

 

Vision for Central Chatham:  Cary’s Main Street

Chatham Street will be transformed into a vibrant mixed use corridor.

§         It will be a primary destination for dining, entertainment, and shopping.

§         Its neighborhoods will include a variety of living options where residents can obtain daily needs within a short walk.

 

The shaded areas on the map below highlight opportunities for infill development, redevelopment, or re-use that could help achieve the vision for Chatham Street.

§         The Walkable Mixed Use Corridor area, shown in pink, designates pedestrian-oriented mixed use development such as shops, restaurants, and galleries.

§         The Supporting Neighborhoods, shown in green, include housing options that respect the current character while increasing and diversifying living options.

 

17-REZ-07 Central Chatham Vision with star

 

Analysis:

The applicant’s request to change the zoning of the subject property to allow additional density and housing types fits within the vision for the Central Chatham Street supporting neighborhoods.

§         The proposed provision of townhomes and multifamily housing would increase and diversify housing options.

§         Respecting the character of the existing neighborhood can be addressed through built form, use, architecture, or some combination of these transition approaches.  For the proposed rezoning, its conditions currently include provisions for setback, street orientation, building materials, and a fence.  These conditions inform how a reasonable transition will be made.

 

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

Maintain Neighborhood Character (Policy 1)

Provide More Housing Choices for All Residents (Policy 2)

Provide the Greatest Variety of Housing Options in Mixed Use Centers (Policy 4)

Support Residential Development on Infill and Redevelopment Sites (Policy 5)

 

Analysis:

The housing policies from the Cary Community Plan highlight the importance of maintaining neighborhood character while providing more housing choices and supporting housing infill and redevelopment, especially in locations such as Downtown Cary.  The applicant’s request to rezone the subject property to allow townhomes and multifamily housing supports the LIVE policies because:

§         It will help to provide more housing choices. (Policy 2)

§         The potential redevelopment fits within the vision of the Downtown Special Planning Area. (see Downtown SPA section in this table)

§         Downtown Cary is considered a mixed use area where the greatest variety of housing should be available. (Policy 4)

§         The proposed rezoning enables new housing options on a redevelopment site. (Policy 5)

§         The proposed rezoning will help to add to Cary’s overall housing diversity. (Policy 1)

 

engage Policies

Parks Recreation and Cultural Resources Master Plan Goals

Maintain a diverse and balanced park and open space system as the Town of Cary grows. (Goal 1)

 

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

 

Incorporate best management and planning practices to ensure quality services and efficient use of resources. (Goal 9)

 

The subject parcel, located on Urban Drive, is less than a 5-minute walk from Urban Park and is a 10-minute walk from the new Downtown Park.  Greenways are proposed along Chatham Street and through Urban Park.

 

 

The Parks Master Plan proposes no additional park land for this site, and does not propose the subject parcel 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 recommends a recreation fund payment at the development plan stage.

 

Historic Preservation Master Plan Goals

 

Preserve, Protect and Maintain Cary’s Historic Resources (Goal 2)

 

Preserve Historic Contexts (Goal 3)

 

 

 

The subject property includes a one-story single family dwelling built in 1958.  Although the home is over 50 years old, it is not on the Historic Properties Survey.

 

MOVE Policies

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)

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.  

 

Urban Drive

 

Existing Road Cross Section:  25-foot roadway width in a 48-foot right-of-way

 

Future Urban Drive: Local Street, 27-foot roadway width in a 50-foot right-of-way

 

Transit:  The subject property is 300 feet from GoCary existing routes, GoCary long-term recommendations, Wake Transit Plan routes, and GoTriangle existing routes, all along Chatham Street.

 

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

 

Uses, Density, and Dimensional Standards

 

 

Existing Zoning

Proposed Zoning

Name of Zoning District

TC-MDR

TC-MXD CU

Types of Housing Allowed

Single family detached or attached; townhouse; patio home; duplex

Multifamily or Townhouse

(per zoning condition)

Maximum Building Height

45 feet

45 feet

Maximum Residential Density

8 dwellings/acre (townhouse)

25 dwellings/acre

Front yard setback

10-18 ft.

N/A

Rear yard setback

10 ft.

N/A

Side yard setbacks

0/3 ft. min.

Southern side – 10 ft. (per zoning condition)

Northern side – 0 ft.

 

Traffic

Based on the information provided at a pre-application meeting, a maximum of five (5) townhomes can be constructed on the 0.19 acre site. Based on the ITE Trip Generation Manual, 9th edition, Land Use Code 230 – Residential Condominium/Townhouse, the proposed rezoning is anticipated to generate approximately 5 AM peak and 5 PM peak hour trips. The threshold for a traffic study is 100 peak-hour trips; therefore, a traffic study was not required.

 

Stormwater

The Town has specific stormwater and floodplain management requirements for new development that must be addressed during the development plan review process to satisfy Cary’s Land Development Ordinance.

 

These new development requirements are established to mitigate potential flooding impacts and to enhance water quality of our streams while protecting current and future residents of Cary. These protections are provided comprehensively as follows:

 

§         During development plan review, address improving stormwater and floodplain management by addressing the potential for replacing aging and inadequate infrastructure, as allowed and applicable.

§         During construction, provide sedimentation and erosion control measures to prevent transport of sediment from the construction site.

§         In perpetuity, limit the stormwater runoff from new development to pre-development site conditions with approved stormwater control measures (SCM’s) that restrict stormwater flow leaving the site to engineered limits.

§         Upon completion of the post-construction SCM’s and prior to final acceptance of the new development, require independent certification that they will function as designed, and require provisions for the ongoing maintenance of the SCM’s, to protect quantity and enhance the quality of stormwater leaving the site in perpetuity.

 

STAFF RECOMMENDATION

 

Based on the analysis provided in this staff report, Town staff’s recommendation is for approval of the rezoning request.

 

Rationale for Recommendation

§         Both the current zoning district for the subject property and the proposed zoning district allow townhomes.

§         Reasonable transitions between existing and new development will be made as per the proposed zoning conditions for setback, a fence or wall, street orientation, and building materials.

§         Downtown is a targeted location for higher density housing.

§         The Imagine Cary Community Plan supports infill and redevelopment, particularly within mixed use areas such as Downtown.  This rezoning request is consistent with the community plan, specifically policies found in the LIVE, SHAPE, and Downtown Special Planning Area (SPA) chapters.  (See the Cary Community Plan Conformance and Analysis section of the staff report for more information.)  Key policies supported by this rezoning request include:

o       Maintain neighborhood character (LIVE Policy 1)

o       Provide more housing choices for all residents (LIVE Policy 2)

o       Provide the greatest variety of housing options in Mixed Use Centers (LIVE Policy 4)

o       Support residential development on infill and redevelopment sites (LIVE Policy 5)

o       Focus the most intense types of development in strategic locations (SHAPE Policy 2)

o       Support and facilitate redevelopment and infill development (SHAPE Policy 4)

o       Provide appropriate transitions between land uses (SHAPE Policy 6)

o       Preserve and maintain Cary’s attractive appearance and quality of development (SHAPE policy 8)

o       Encourage Downtown reinvestment and redevelopment (Downtown SPA Policy 5)

o       Support a range of uses in Downtown (Downtown SPA Policy 6)

 

Note:  This is staff’s recommendation.  A separate recommendation was made by the Planning and Zoning Board, and the final decision will be made by the Town Council.

 

NEXT STEPS

 

After the Town Council takes final action on the rezoning request, the case is complete.

Prior to commencing construction activity or submitting any building permits, the developer or property owner must submit and obtain approval for a Development Plan for the subject property.