Town of Cary
North Carolina

Rezoning

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:  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 Planning and Zoning Board found the request to be consistent with the Cary Community Plan and recommended approval by a vote of 8-0.

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.  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
 

March 26, 2018

Town Council

 

May 3, 2018

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; hotels and/or motels

2.      There shall be a minimum 60-foot building setback adjacent to 115, 119, and 201 Rose Street; a minimum 70-foot setback adjacent to 204 Gordon Street, and a minimum 50 foot setback adjacent to 207 Gordon Street and 200 SW Maynard Road. 

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, and establish minimum building setbacks next to each of the adjacent residential properties.  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 for the Town Council Public Hearing
Notice of the Town Council public hearing on January 25, 2018, 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 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.  

 

Town Council Public Hearing, January 25, 2018

The applicant, Doug Ledson, spoke on behalf of his request. He made note of his multiple meetings with neighbors and that he had proposed conditions to address some of their concerns regarding development of the property.  No citizens spoke at the hearing.  Council members raised questions and concerns regarding the uncertainty of what might someday be developed on the site under the proposed zoning, and whether it would meet Council’s vision for the area as expressed by the Cary Community Plan.  A couple council members felt that it would have been preferable to see a more defined and holistic vision for the site, such as might be provided with a Preliminary Development Plan. 

 

Council members also shared concerns about vehicular access to the site, and available public infrastructure.  A couple council members praised the applicant for working closely with the neighbors. 

 

Changes Prior to the Planning and Zoning Board Meeting

None

 

Planning and Zoning Board Meeting (March 26, 2018)

The staff presented an overview of the request, followed by the applicant’s agent who shared a justification for the request.

 

Board members had questions regarding roadway access points to the site, including access from Gordon Street as well as potential future driveway connections to the rear of the adjacent Food Lion property.  There were also questions regarding the proposed zoning conditions for building setbacks, as well as questions regarding the buffers that would be required by the LDO on each side of the site.  
 

The Planning and Zoning Board found the case to be consistent with the Imagine Cary Community Plan and forwarded the case to Council with a recommendation of approval by a vote of 8-0.

 

Changes Since the Planning and Zoning Board Meeting

In response to questions and comments at the Planning and Zoning Board meeting, the applicant made the following clarifications to the zoning conditions: 

a.       The applicant revised the first condition’s exclusion of “motels” to include “hotels and/or motels.”  This was done because the LDO does not have separate definitions for “hotel” and “motel”, but rather a single definition for “Hotel or Motel.”

b.      The applicant revised the wording of the conditions for building setbacks, so that all setbacks are now expressed in terms of the addresses of the adjacent properties.  (The setbacks have not changed, but rather just the wording.)  This was done to make the setback conditions easier to understand for the neighboring properties, and to improve clarity for staff.  

 

 

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. 

 

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 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 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 should include both vertically (within multi-story buildings) and horizontally mixed (adjacent sites) uses.

 

Heritage Neighborhoods are described as generally encompassing neighborhoods and housing built during Cary’s first “suburban boom”, in the 1960’s and 1970’s. These neighborhoods include a rich and wide variety of housing types, lot sizes, and densities.

 

 

Observations

The proposed rezoning would remove a single developable lot from the Burtrose Subdivision Heritage Neighborhood.  Since the lot is currently vacant, the impact on the subdivision may be modest.  As is discussed in the next section, while it’s unclear whether the proposed GC-CU zoning will further the vision for the Mayfair Commercial Mixed Use Center, at the same time there will be very little change to the total buildable GC area and the types of uses already permitted.  The very small effective magnitude of the zoning change is described below. 

 

§         If the site were developed with commercial, retail, or dining uses, the total buildable area would only grow by about 1,880 square feet. 

§         If the site were developed with office uses, the total buildable office area would only grow by about 2,700 square feet.

 

The reason for the relatively minor change in buildable area under the rezoning is because buffers are based on the property boundaries of the parcel under development, regardless of whether the parcel is split-zoned.  That is, the applicant could recombine the two subject parcels today, resulting in a single parcel split-zoned between GC and R-12.  He could then submit a development plan for commercial or office uses on the GC portion of the parcel, and place some of the required perimeter buffers on the R-12 portion.  This is illustrated graphically in the two examples below:

 

Example 1:  Office development on the site, with and without the rezoning:

Suppose the site was developed with office uses of less than 50,000 square feet.  The maps below depict the buildable area with and without the proposed rezoning. 


    17-REZ-19 With REZ Buffers if Office

For an office use, the LDO requires a 40-foot buffer adjacent to the neighborhood, and 20 feet adjacent to Rose Street Park, plus a 10-foot setback from the buffer.  In Map 2, the gray-shaded setbacks also include the proposed building setback zoning conditions.   Maps 1 and 2 do not show buffers that may be required to the east or south, or the Maynard Road streetscape.  The key findings are: 

§         Under existing zoning, there would be an R-12 “remnant area” of about 5,000 square feet that could not be used for office development.  This reflects the R12 area that would be left outside of the required buffer and setback.  The remnant is about 50 x 100 feet.  

§         Under the proposed zoning, the total amount of usable area added by the rezoning would only be about 2,700 square feet (approximately 30 x 90 feet).

§         The proposed zoning condition for a 50-foot setback on 128 SW Maynard adjacent to any residential lot may have no effect, because the LDO standards will likely create the identical 50-foot setback (40-foot buffer plus 10-foot setback). 

 

Example 2:  Commercial development on the site, with and without the rezoning:

Suppose the site was developed with retail uses.  The maps below depict the buildable area with and without the proposed rezoning. 


    17-REZ-19 With REZ Buffers if Retail

For a retail use, the LDO requires a 65-foot buffer adjacent to the neighborhood, and 30 feet adjacent to Rose Street Park, plus a 10-foot setback from the buffer.  Maps 3 and 4 do not show buffers that may be required to the east or south, or the Maynard Road streetscape.  The key findings are: 

§         Under existing zoning, there would be an R-12 “remnant area” of about 1,880 square feet that could not be used for retail development.  This reflects the R12 area that would be left outside of the required buffer and setback.  The remnant is about 25 x 75 feet.

§         Under the proposed zoning, the total amount of usable area added by the rezoning is the size of the former remnant, namely 1,880 square feet.

§         The proposed zoning condition for a 50-foot building setback on 128 SW Maynard adjacent to residential would have no effect because it is exceeded by LDO standards.

 

Policies and Analysis Relating to the Mayfair Commercial Mixed Use Center

The following policies come from several Community Plan chapters, and are all related to the vision, intention, and goals for a Commercial Mixed Use Center such as Mayfair. 

 

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)

 

Observations:

§      Most of the existing site currently has straight 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.

§      The applicant has offered conditions that exclude a set of uses, namely veterinary hospital/office, kennel, nightclub/bar, and motels.  Thus, the impact of the very small effective increase in buildable area (as described in the previous section) may be offset by removing some of the uses currently permitted by-right that may be objectionable to the adjacent neighborhood.

§      Neither the existing nor the proposed zoning provide assurance that the site will someday be developed in a manner that supports the policy vision for the Mayfair Commercial Mixed Use Center.  Such assurance or clarity would only be possible if zoning conditions specified greater detail regarding elements such as allowed use, mix, and building and site design, or via a Preliminary Development Plan (PDP). 

§      The current configuration of the GC portion of the site renders it somewhat difficult to develop.  The proposed rezoning would create a larger, more regularly-shaped, and therefore more easily-marketed site for commercial use.  This in turn could help to facilitate development of this infill site.    

 

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)

 

Observations:

§         The proposed zoning could bring commercial or office uses closer to three home lots in the Burtrose neighborhood, as shown in the examples earlier in this report.  However, the overall difference is minimal.  

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

§         The rezoning proposal specifies some use-related transitions, via the conditions to exclude veterinary hospital/office, kennel, nightclub/bar, and motels.   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)

 

The above WORK policies are relevant because they speak to the Town’s desire for office and employment space in the types of locations that are being demanded by firms and employees in the new economy, such as within mixed use developments. 

 

Observation:  While neither the existing nor proposed zoning provide assurance that future development will include office uses, office is an allowed use under both the existing (GC) and proposed zoning (GC-CU).

 

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

 

Allowed Uses

An attachment to this report lists the uses allowed by right, or as a Special Use, within the GC District, and indicates those uses that would be removed by condition per the rezoning application.

 

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, a 70-foot setback next to 204 Gordon Street, a 50-foot setback next to 207 Gordon Street and 200 SW Maynard Rd.

Rear Yard Setback (Feet)

25

Not required

Per zoning condition, a 60-foot setback next to 115, 119, and 201 Rose St.

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.

 

 

STAFF recommendation

 

Staff’s recommendation for the rezoning request is for approval and the rationale for the recommendation is discussed in the table below. 

 

Summary of Case Analysis

§         Policies in the chapters for LIVE, WORK, SHOP, SHAPE and MOVE were found to be applicable to the rezoning request.

 

§         Most of the subject site is designated as part of a Commercial Center Mixed Use on the Future Growth Framework Map.  These centers are described as prominent mixed-use centers that include “an integrated mix of commercial, office, and residential uses, arranged in a walkable pattern with an active pedestrian realm where buildings front streets.”

o       The Mayfair Mixed Use Commercial Center is anchored by the Mayfair Plaza and Big Lots Plaza shopping centers.  Supporting office and institutional uses are nearby on Kilmayne Drive. 

o       Commercial uses are appropriate within a Mixed Use Commercial Center, and while the proposed GC-CU and existing GC zoning don’t require mixed uses, the districts do allow for both commercial and office uses.

 

§         A small portion of the site is designated as part of a Heritage Neighborhood on the Future Growth Framework Map.  These neighborhoods include a rich and wide variety of housing types, lot sizes, and densities.

 

§         When evaluating the case under the Future Growth Framework, while it’s unclear whether the proposed GC-CU zoning will further the vision for the Mixed Use Commercial Center, at the same time there will be very little change to the total buildable area and the types of uses already permitted.  For example:  

o       If the site were developed with commercial, retail, or dining uses, the total buildable area would only grow by about 1,880 square feet. 

o       If the site were developed with office uses, the total buildable office area would only grow by about 2,700 square feet.

 

§         When evaluating the case under the WORK, SHOP, and SHAPE policies concerned with the vision for Commercial Mixed Use Centers, it is noted that:

o       The proposed conditions remove some uses that may not be desirable in a Commercial Mixed Use Center. 

o       The configuration of the current GC-zoned area renders this long-vacant infill site difficult to develop.  The proposed rezoning could help create a more regularly-shaped site that could be more easily marketed and developed.  The rezoning could therefore help advance infill development on the site, in accord with SHAPE Policies 4 and 5. 

 

§         When evaluating the case under the LIVE and SHAPE policies concerned with transitions to adjacent areas, it is noted that:

o       The buffers required by the LDO should provide effective transitions.  In addition, the conditions that exclude certain uses can help improve compatibility with the adjacent neighborhood. 

o       The proposed zoning could bring commercial or office uses very slightly closer to three home lots in the Burtrose neighborhood.    

 

 

NEXT STEPS

 

The Town Council may take final action on the rezoning request.  If the rezoning is approved, the developer or property owner must submit and obtain approval for a Development Plan for the subject property prior to commencing construction of infrastructure or submitting requests for building permits.