Town of Cary
North Carolina

Rezoning
Referred to Planning & Zoning
Jan 25, 2018 6:30 PM

Gordon Street and SW Maynard Road Rezoning 17-REZ-19

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Scott Ramage, Planning

 

Executive Summary:  The applicant has requested the Town consider a rezoning for two properties, totaling approximately 3.24 acres, located at 202 Gordon Street and 128 S.W. Maynard Road. The applicant seeks a rezoning from Residential 12 (R-12) and General Commercial (GC) to General Commercial Conditional Use (GC-CU). The proposed conditions would prohibit certain uses, and establish minimum building setbacks that may exceed LDO standards. 

 

Recommendation: That Council conduct a public hearing on the proposed rezoning request and forward to the Planning and Zoning Board. Staff will provide a recommendation on the rezoning 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

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(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Address

Acreage

Pensco Trust Company/FBO Douglas W

6505 New Market Way

Raleigh, NC 27615-6828

0763367104

0089253

 

202 Gordon Street

0.34

0763368052

0068780

128 SW Maynard Road

2.89

Total Area

 

3.24

 

 

BACKGROUND INFORMATION

 

Address

202 Gordon Street and 128 SW Maynard Road, Cary, NC 27511

Schedule

 

Town Council Public Hearing

January  25, 2018

Planning & Zoning Board
 

TBD

Town Council

 

TBD

Existing Zoning District(s)

Residential 12 (R-12) and General Commercial (GC), with the GC portion also located within a Mixed Use Overlay District (MUOD) for the Mayfair Commercial Mixed Use Center.

Existing Zoning Conditions

None

Proposed Zoning District(s)

General Commercial Conditional Use (GC-CU).  No change to the Mixed Use Overlay District boundaries.

Proposed Zoning Conditions

1.      The following uses shall be prohibited:  Veterinary hospital/office, with outdoor kennel; Kennel, Indoor/outdoor; nightclub/bar; motels

2.      For the property at 202 Gordon Street, a minimum building setback of 60 feet shall be provided adjacent to the northern property line, and a minimum building setback of 70 feet from the western property line.

3.      For the property at 128 SW Maynard Road, a minimum building setback of 50 feet next to any adjacent residential lot.

Town Limits

The subject property is located inside the corporate limits of the Town of Cary.

Staff Contact

Scott Ramage

scott.ramage@townofcary.org

Applicant

Doug Ledson

6505 New Market Way

Raleigh, NC 27615

landdeveloping@gmail.com

(919) 395-1299

Property Owner

Pensco Trust Company/FBO

Douglas W

 

 

SUMMARY OF REQUEST

 

This rezoning request applies to two vacant parcels which are under the same ownership.  The 0.34 acre property at 202 Gordon Street is currently zoned Residential 12 (R-12), and the 2.89 acre property at 128 SW Maynard Road is currently split-zoned, with approximately 2.78 acres zoned General Commercial (GC) and approximately 0.11 acres zoned Residential 12 (R-12).  The property owner/applicant is seeking to apply General Commercial Conditional Use (GC-CU) zoning to the entirety of both parcels.  The proposed conditions exclude certain uses from both parcels, and apply minimum building setbacks.  However, the conditions for building setbacks are different for each of the two parcels.  The applicant has indicated that the rezoning is requested so that both parcels can be marketed for future development in a cohesive manner.  At this time, no specific use has been proposed and there is no Preliminary Development Plan (PDP).

 

On October 26, 2017 an LDO Amendment was approved to allow applicants to add zoning conditions to a base zoning district within a Mixed Use overlay district without submitting a PDP.

 

Streams:  Cary’s most recent GIS maps indicate the possible presence of a stream on the extreme southern portion the subject property at 128 SW Maynard Road, adjacent to Maynard. Field determination of such features shall be required at the time of development plan review.

 

Floodplain and Wetlands:  Cary’s most recent GIS maps do not indicate the presence of floodplain or wetlands on the subject property. Field determination of such features shall be required at the time of development plan review

 

Adjacent Uses and Zoning:

The map above shows existing zoning for the subject site and surrounding area.  The R-12 portion in the upper left corner of the site is the property at 202 Gordon Street, and the remainder is the property at 128 SW Maynard Road.  The GC portion of the site is also in a Community Mixed Use Overlay District (MUOD), as is the adjacent Mayfair Plaza.

 


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 Meetings

The applicant’s initial request was to rezone 0.34 acres located at 202 Gordon Street from Residential 12 (R-12) to General Commercial Conditional Use. (GC-CU). A neighborhood meeting for that request was facilitated by Planning staff at Cary Town Hall on June 7, 2017.   According to the information submitted by the applicant, 10 nearby property owners attended the meeting.   Questions and concerns expressed at the meeting pertained to road improvements and densities.  The question was also raised as to whether or not the applicant could further restrict development on the adjacent 2.89 acre parcel at 128 SW Maynard Road.  The comments are as summarized in the attached meeting minutes submitted by the applicant. 

 

Following that meeting, the applicant amended his application to include the adjacent 2.89 acre property at 128 SW Maynard Road, which is currently zoned General Commercial.  Since the land area of the proposed rezoning has increased, a second neighborhood meeting was conducted on December 6, 2017 to ensure nearby property owners were aware of the request and to have a chance to inform the applicant of concerns prior to the formal public hearing.  Seven property owners attended.  Questions and concerns expressed at the meeting included concerns about the nature of the actual, final commercial use that might get built on the property, as well as concerns about connecting Gordon Street.  The comments from this second neighborhood meeting are as summarized in the attached meeting minutes submitted by the applicant.  

 

 

zoning, planning, and ownership history


Zoning History

§         The property at 202 Gordon Street, along with the southwest corner of the property at 128 SW Maynard Road, have been zoned R-12 for at least 25 years, as verified by staff’s oldest digital zoning history GIS map, from 1992.  Since the adjacent homes on Gordon Street date from the early 1960’s, it is likely that the R-12 zoning actually dates back to that era.

§         The GC-zoned portion of the property at 128 SW Maynard road has been zoned commercial since at least 1992, per the last available GIS historical zoning map.  Since the adjacent supermarket at Mayfair Plaza dates from 1968, it is likely that the site’s GC zoning actually dates from that era. 

 

Planning History

§         With adoption of Cary's original Land Use Plan in 1996, the property at 202 Gordon Street was designated as “Low Density Residential”, as part of the single-family Burtrose neighborhood.  That designation remained unchanged until the 1996 Land Use Plan was terminated, with adoption of the new Imagine Cary Community Plan in 2017.  The new plan designates this area as part of a Heritage Neighborhood.

§         With adoption of Cary's original Land Use Plan in 1996, the commercially-zoned portion of the property at 128 SW Maynard Road was designated as “Commercial”, as was the adjacent Mayfair Shopping Center.  That area was also designated as being part of a mixed-use Community Activity Center.  That designation remained unchanged until the 1996 Land Use Plan was terminated, with adoption of the new Imagine Cary Community Plan in 2017.  The new plan designates this area as part of a Commercial Mixed-Use Center.

 

Ownership History

§         Both subject properties were owned by Jeff Sugg (and subsequently by his Estate) from the 1970’s until 2014, when both properties were sold to the current owner, Doug Ledson (Pensco Trust Company). 

 

 

cary community plan conformance and analysis

 

Attached is a complete listing of each policy statement in the 2040 Imagine Cary Community Plan. Based on staff review and analysis of the descriptions and detailed intent of all the Plan’s policies, the following section identifies policies applicable to this case and provides an analysis of the extent to which the proposed rezoning conforms to those policies.  We begin with placing the site in the context of the Future Growth Framework, and then move to a discussion of the key policy considerations, in relative order of importance, and grouped into related policy topics.

 

The Future Growth Framework (Cary Community Plan, Chapter 6)

As can be seen in the map below, the subject site is primarily located within a Commercial Mixed Use Center on the Future Growth Framework Map, with a small portion located within a Heritage Neighborhood, as part of the adjacent Burtrose Neighborhood.

The Community Plan defines the Commercial Center Mixed Use development category as describing prominent mixed use centers that include “an integrated mix of commercial (shopping, services), office, and residential uses, arranged in a walkable pattern with an active pedestrian realm where buildings front streets. The center may include both vertically (within multi-story buildings) and horizontally mixed (adjacent sites) uses, however a substantial portion of buildings should be vertically-mixed, with ground floor retail and offices and housing on upper floors.”

 

Heritage Neighborhoods are described as generally encompassing and describing neighborhoods and housing built during Cary’s first “suburban boom”, starting in the 1960’s and continuing through the 1970’s and into the early 1980’s. These “first ring” suburbs include a rich and wide variety of housing types, unit sizes, lot sizes, and densities.

 

 

For the following sections, related policies from diverse chapters are grouped and discussed together, in order to avoid duplication and to highlight the interrelatedness of some of the policies, as regards this case. 

 

Policies and Analysis Relating to the Mayfair Commercial Mixed Use Center

The following policies are all related to the vision, intention, and goals for mixed use centers such as the Mayfair Commercial Mixed Use Center.

 

WORK Policies (Cary Community Plan, Chapter 3)

§  Enhance Locational Appeal to Businesses and Workers (Policy 2)

SHOP Policies (Cary Community Plan, Chapter 4)

§  Facilitate Redevelopment of Underperforming commercial Centers (Policy 1)

§  Support the Development of a Limited Number of Destination Centers and Commercial Mixed Use Centers (Policy 3)

shape Policies (Cary Community Plan, Chapter 6)

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

§  Encourage Mixed-Use Development (Policy 3)

§  Support and Facilitate Redevelopment and Infill Development (Policy 4)

§  Support the Revitalization of Targeted Redevelopment Corridors (Policy 5)

 

The above policies all relate to – and reinforce – the vision, goals, and rationale for the select number of Commercial Mixed Use Centers in the Cary Community Plan, including the portion of the subject site located within the Mayfair Mixed Use Center.  These centers are intended to become vital mixed-use destinations that help to attract tomorrow’s residents and workers, provide locations for tomorrow’s business and their locational office preferences, and serve as focal points for the community.  The Mayfair Center is one of eight such centers in the plan, in Wake County. 

 

In addition, SHOP Policy 1 points out the importance of encouraging the revitalization of older centers such as Mayfair, and SHAPE Policy 5 points out the importance of similar revitalization along older corridors, such as along this section of SW Maynard Road.

 

The key question, then is whether or not the proposed rezoning would help to advance the vision and intent of these policies related to the Mayfair Commercial Mixed Use Center. 

 

Analysis:

§      The majority of the existing site currently has straight, unconditioned General Commercial (GC) zoning.  Hence, the site is not currently required to provide the sort of intense, vertical, or mixed uses envisioned for the center.

§      However, the current configuration of the site renders it somewhat difficult to develop, especially in a cohesive manner.  This is illustrated in the maps provided in the next section, “Policies Related to Compatibility and Transitions.”

§      A preferred type of rezoning for gaining greater community assurance of future development consistent with the Community Plan would have been a request for Mixed Use (MXD) District, with a Preliminary Development Plan (PDP), instead of the proposed GC-CU zoning.  A PDP would have included details about uses, mix, site layout, and related.

§      Absent a PDP, or other zoning conditions, it is unclear as to whether or not future development of the site will help to further the goal of eventual redevelopment of Mayfair Plaza, or further the vision of the Mayfair Center evolving into a 21st Century mixed use center that provides the sort of destination and environment desired by the community. 

§      The applicant has offered conditions that exclude a set of uses, namely veterinary hospital/office, kennel, nightclub/bar, and motels.  However, there are no conditions that specify elements that might offer a higher level of certainty regarding conformance with the vision for Mayfair, such as required uses, mixes, building heights, or other. 

§      The proposed rezoning would extend the GC-zoned area to 202 Gordon Street, thereby creating a larger and more easily-marketed and easily-developed property for commercial use.  This may make development of this infill site more likely and/or feasible, which might in fact better enable infill development and investment on this property, adjacent to the Food Lion.  At the same time, however, the type of development that could occur might also not necessarily further the vision for a Commercial Mixed Use Center.  

 

Policies Related to Compatibility and Transitions

The following policies, from Chapters 2 and 6 (LIVE and SHAPE) both deal with compatibility and transitions:

 

LIVE Policies (Cary Community Plan, Chapter 2)

Maintain Neighborhood Character (Policy 1)

shape Policies (Cary Community Plan, Chapter 6)

Provide Appropriate Transitions Between Land Uses (Policy 6)

 

Staff Observations:

 

For LIVE Policy 1, the policy’s subtitle on page 22 of the Community Plan states:

“Recognize, preserve, and protect the quality and character of existing residential neighborhoods as they mature, and as new development occurs nearby”

 

For SHAPE Policy 2, the policy’s subtitle on page 89 of the Plan states:

“Support the provision of appropriate transitions between sites having markedly different types or intensities of land uses.”

 

The Policy Intent text for Policy 2 goes on to describe that effective transitions can be formed using Form Transitions, Architectural Transitions, Use Transitions, or Separation and Buffer Transitions.  (These types of transitions are actually illustrated and defined in detail in Chapter 4, SHOP, pp. 53-58.)

 

The key question, then is whether or not the proposed rezoning would help to protect the character, quality of life, and property values of the adjacent Burtrose Subdivision, and whether or not the proposed rezoning provides an effective transition to the subdivision.  In order to evaluate this, there are two considerations:

 

1.      What would be the impact of changing the zoning of the existing single family lot at 202 Gordon Street from R-12 to GC-CU with the proposed conditions?

2.      What would be the impact of adding the proposed new conditions to the General Commercial (GC) portion of the property at 128 SW Maynard Road?

 

Findings:

The proposed GC-CU zoning would bring commercial district zoning closer into the neighborhood, on the lot at 202 Gordon Street.  However, the proposed zoning conditions include building setbacks a minimum of 60 feet from the northern boundary of the lot, and 70 feet from the western boundary.  Also, a condition is offered for a minimum 50-foot building setback on 128 SW Maynard next to any residential lots.  But, the relative value of those setback conditions will actually depend on the final use of the property.  If the property is used for commercial/retail, the LDO will require setbacks in excess of the conditions, and the conditions will have no effect.  If used for office, however, the conditions will result in setbacks that exceed LDO standards.

 

In terms of neighborhood impacts, the maps below illustrate how the buffer and setback situations might play out on the site, with and without the proposed rezoning.  We examine two scenarios, one where the site becomes developed with office, and one if developed as commercial/retail, to illustrate the possible transition outcomes.

 

Scenario 1:  Comparison of Site Buffers under a Future Office Use.  This scenario illustrates the situation if the subject site was developed with office uses of less than 50,000 square feet.  In the scenario, it is assumed that that the two parcels will be combined into a single parcel for any future development, regardless of whether or not the rezoning is approved.  The maps below depict the required buffers with and without the proposed rezoning. 

 

   

     

 

In the above two maps, the site is outlined with a magenta boundary.  

§         Required Buffers next to the neighborhood are shaded green. For a future office use, required buffers under the LDO are 40 feet adjacent to the R-12 neighborhood, and 20-ft. adjacent to Rose Street Park.   Maps do not show the buffers required to the east or south, or the Maynard Road streetscape.

§         Required Building Setbacks are shaded gray, just inside the green-shaded buffers.  In Map 1, this includes only the 10-ft. setback from the buffers as required by the LDO.  In Map 2, the illustrated setbacks also include the proposed zoning conditions for 60ft. and 70-ft. building setbacks from the northern and western property lines of 202 Gordon Street, showing the portion of the setback area that would remain beyond the required buffers.  The proposed zoning condition for a 50-foot setback on 128 SW Maynard adjacent to any residential lots is of no effect, because the LDO standards create the identical 50-foot setback (40 foot buffer plus 10 foot setback).

§         The Remaining Buildable Area (for office in this scenario) is shaded red. 

§         An R-12 Remnant Area is shaded yellow on Map 1.  This reflects the portion of the lot at 202 Gordon Street that is currently zoned R-12, and that would be left after the 40-foot buffers are sited, if the site is not rezoned.  The remnant R-12 area would effectively be unusable for residential, as it would not meet lot size minimums, and also could not be used for commercial uses. The remnant area is about 5,000 sq. ft. (0.11 acre), and measures about 50 ft. x 100 ft.

§         Potential road access and connections are shown using translucent arrowsNote that, depending on its alignment, the access drive/road entering from SW Maynard may prevent provision of a full 65-ft. buffer next to the home at 207 Gordon Street.  No zoning condition is proposed regarding any special transition at that location. 

 

Scenario 2:  Comparison of Site Buffers under a Future Commercial/Retail Use.  This scenario illustrates the situation if the subject site were developed with retail uses typical of GC.  In the scenario, it is assumed that that the two parcels will be combined into a single parcel for any future development, regardless of whether or not the rezoning is approved.  The maps below depict the required buffers with and without the proposed rezoning.  

 

   

     

 

In the above two maps, the site is outlined with a magenta boundary.  The colors and shadings are the same as for the prior scenario, but the following changes occurred: 

§         Required Buffers, shaded green, are now 65 feet adjacent to the neighborhood, and 30 feet adjacent to the park, per the LDO.  As in the first scenario, the buffers to east and south are not shown.

§         Required Setbacks from the buffers are now uniformly 10 feet, per the LDO, since these exceed the proposed setback zoning conditions.  That is, the applicant’s zoning conditions of a 60- and 70-foot setback at 202 Gordon Street have no effect, because the LDO-required setback is greater in this scenario (65 foot buffer plus 10 foot buffer setback, for a total setback of 75 feet).  Likewise, the applicant’s zoning condition for a minimum 50 foot building setback on 128 SW Maynard adjacent to any residential lots is also exceeded by LDO requirements.  

§         The Remaining Buildable Area (for retail in this scenario) is shaded red. 

§         An R-12 Remnant Area is shaded yellow on Map 3.  This reflects the portion of the lot at 202 Gordon Street currently zoned R-12, and that would be left after the scenario’s 65-foot buffers are sited, if the site is not rezoned.  The remnant has now shrunk to about 1,880 square feet (0.04 acre), and measures about 25 ft. x 75 ft.

§         Potential road access and connections:  Depending on its alignment, the access drive entering from SW Maynard may prevent provision of a full 65-ft. buffer for the home at 207 Gordon Street.  No zoning condition is proposed for a special transition at that location. 

 

Analysis:

a.       The proposed rezoning will bring commercial or office uses slightly closer to a few lots in the Burtrose Subdivision, however the overall difference is small. 

b.      The zoning conditions for setbacks on 202 Gordon Street will exceed LDO standards if the subject site is used for office, but not if it is used for commercial/retail, dining, or related.  The zoning condition for a residential setback on 128 SW Maynard Road does not exceed LDO standards should the site be used for either office or retail.

c.       Thus, should the site be used for commercial/retail purposes, the proposed setback conditions will offer no benefit beyond LDO standards.

d.      Any future use of the site will rely on a separation transition between the site and the Burtrose Subdivision, in the form of regulatory buffers and building setbacks.

e.       There are no transition-related zoning conditions that address building height, mass, or architecture (i.e., form or architecture transitions).

f.        The rezoning proposal includes some conditions that address use-related transitions, namely the condition to exclude veterinary hospital/office, kennel, nightclub/bar, and motels.   Regarding the compatibility of potential uses on the site with the adjacent neighborhood, two things should be noted: 

§         The existing GC zoning currently allows the full range of permitted uses in GC District, while the proposed conditions do remove some uses. 

§         The remaining range of allowed uses within GC District is quite broad, and some of those allowed uses might have greater neighborhood impacts than others.  However, the buffers required by the LDO are intended to mitigate any incompatibility impacts.

 

Policies Related to Employment

The following policies, all from Chapter 3, WORK, relate to providing future spaces and locations for office and industrial users:

 

WORK Policies (Cary Community Plan, Chapter 3)

§   Support the Locational Needs of New and Expanding Firms (Policy 8)

§  Reserve and Provide Employment Sites in Selected Commercial Mixed Use and Destination Centers (Policy 10)

 

Staff Observations:

The above WORK policies are relevant because they speak to the need for the provision of office employment space in the new types of locations that are being demanded by firms and employees in the new economy.  In particular, these policies reinforce the importance of providing office space and locations within mixed use centers, so that employees can work in walkable areas, next to ample dining, services, and shopping, and close to multiple living opportunities. 

 

Analysis:

§         Office uses are allowed within the existing GC District zoning, and would continue to be allowed under the proposed GC-CU zoning, along with commercial/retail uses.

§         However, the proposed zoning conditions include no assurance that future development will include office.

§         Since the zoning proposal is for GC-CU District, rather than for MXD District with a PDP, it is unknown whether or not future development of the site will help the Mayfair Mixed Use Center evolve into the sort of walkable, integrated environment desired by tomorrow’s workers and employers. 

 

 

engage Policies (Cary Community Plan, Chapter 5)

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)

 

Analysis and Findings:

The subject site is adjacent to Rose Street Park, located northeast of the parcel.  It is important that pedestrian access to the park is provided from the subject site. Access to the park can be determined at site design. 

According to the Parks, Recreation and Cultural Resources Master Plan, there are no proposed or existing greenway trails or street side trails within or adjacent to the subject site. 

The nearest greenway trail access is Higgins Greenway approximately 0.7 miles to the west. 

 

Historic Preservation Master Plan Goals

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

§  Preserve Historic Contexts (Goal 3)

 

Analysis and Findings:

There are no documented historic resources on this site.

 

 

MOVE Policies  (Cary Community Plan, Chapter 7)

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)

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

 

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. 

 

The 0.34 acre portion of the subject property is adjacent to Gordon Street which is designated as a local road.

 

Existing Road Cross Section:  West of the site, in the Burtrose Subdivision, the existing section of Gordon Street is currently approximately 26-27 feet back-of-curb to back-of-curb, in a 50-foot right of way, without sidewalks.

Future Road Cross Section:  Any extension of Gordon Street onto the subject site should use a 27 feet back-of-curb to back-of curb in a 50-foot right of way. 

Sidewalks:  5-foot sidewalks on both sides of the road would be required in any new section of the roadway.

 

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.

 

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE

 

Density and Dimensional Standards

 

 

Existing Zoning:  R12

(202 Gordon St., and small portion of 128 SW Maynard Rd.)

Existing Zoning:  GC

(the majority of 128 SW Maynard Road)

Proposed Zoning:  General Commercial  Conditional Use

(GC -CU)

Minimum Lot Size (Square Feet)

12,000

n/a

n/a

Minimum Lot Width (Feet)

80 (90 for corner lot)

n/a

n/a

Roadway Setback (Feet)

From thoroughfare: 50

From collector avenue: 30

From other Streets: 20

30-foot streetscape required

30-foot streetscape required

Side Yard Setback (Feet)

10

Not required

Per Zoning conditions, for 202 Gordon Street, a 70-ft. setback on western boundary; for 128 SW Maynard, 50 feet adjacent to any residential lots 

Rear Yard Setback (Feet)

25

Not required

Per zoning condition, for 202 Gordon Street, a 60-ft. setback on northern boundary; for 128 SW Maynard, 50 feet adjacent to any residential lots

Maximum Building Height (Feet)

35

35 ft. within 100 ft. of residential districts, 50 ft. otherwise; and 1 ft. of additional height allowed for each additional 1 ft. of setback.

 

Landscape Buffer:  In accordance with Chapter 7 of the LDO, if the site is developed with retail or food and beverage services, then a 65-foot Type-A (opaque) buffer shall be required on the site adjacent to the residential lots in the Burtrose Subdivision, and a 30-foot Type-A buffer would be required adjacent to Rose Street Park.  No buffer is required between the site and Mayfair Shopping Center or the adjacent commercial uses on SW Maynard Road (e.g., Breugger’s), since in those locations both the site and those adjacent properties are located within the Mayfair Mixed Use Overlay District.

 

If the site is developed with uses such as office with less than 50,000 square feet or day care centers, then the LDO would require a 40-foot Type-A buffer adjacent to residential lots in the Burtrose Subdivision, and a 20-foot Type-A buffer adjacent to Rose Street Park.  Again, no buffer would be required between the site and Mayfair Shopping Center or the adjacent commercial uses on SW Maynard Road.  

 

Streetscape:  In accordance with Chapter 7 of the LDO, a 15-foot streetscape shall be required adjacent to Gordon Street, which is a local road.   A 30-foot wide streetscape shall be required adjacent to SW Maynard Road.

 

Traffic:  Due to the fact that the area that is proposed to be rezoned from R-12 to GC-CU is less than an acre, 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.

 

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

 

 

DRAFT ORDINANCE FOR CONSIDERATION

 

DRAFT ORDINANCE FOR CONSIDERATION

 

17-REZ-19 GORDON STREET AND S.W. MAYNARD ROAD REZONING  

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 0.34 ACRES OWNED BY PENSCO TRUST COMPANY AT 202 GORDON STREET FROM RESIDENTIAL 12 TO GENERAL COMMERCIAL CONDTIONAL USE (GCCU), AND TO REZONE APPROXIMATELY 2.78 ACRES LOCATED AT 128 SW MAYNARD ROAD FROM GENERAL COMMERICAL TO GENERAL COMMERCIAL CONDTIONAL USE (GC-CU), AND TO REZONE APPROXIMATELY 0.11 ACRES LOCATED AT 128 SW MAYNARD ROAD FROM RESIDENTIAL 12 TO GENERAL COMMERCIAL CONDITIONAL USE (GC-CU).

 

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:

 

PARCEL & OWNER INFORMATION

 

Property Owner(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Address

Deeded Acreage

Pensco Trust Company/FBO Douglas W

6505 New market Way

Raleigh, NC 27615-6828

0763367104

0089253

202 Gordon Street

0.34

0763368052

0068780

128 SW Maynard Road

2.89

Total Area

 

3.24

 

 

Section 2:

 

That this Property, as further described in Exhibit A attached hereto, is rezoned from Residential 12 (R-12) and General Commercial to General Commercial Conditional Use (GC-CU) subject to all the individualized development conditions set forth herein, if any, and to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines, all of which shall constitute the zoning regulations for the approved district and are binding on the Property.  The existing boundaries of the Mixed Use Overlay District, covering 2.78 acres of the property at 128 SW Maynard Road, remains unchanged and is not affected. 

 

Section 3:

 

The conditions proposed by the applicant to address conformance of the development and use of the Property to ordinances and officially adopted plans, to address impacts reasonably expected to be generated by the rezoning, and to promote the public health, safety and general welfare, and accepted and approved by the Town are:

 

1.      The following uses shall be prohibited:  Veterinary hospital/office with outdoor kennel; Kennel, indoor/outdoor; nightclub/bar; motels.

2.      For the property at 202 Gordon Street, a minimum building setback of 60 feet shall be provided adjacent to the northern property line, and a minimum building setback of 70 feet from the western property line.

3.      For the property at 128 SW Maynard Road, a minimum building setback of 50 feet will be provided next to any adjacent residential lot.