STAFF REPORT
Town Council, June 25, 2015
Cary Towne Center Rezoning 14-REZ-36 (PL15-052b)
Consideration of a proposed rezoning request
Speaker: Ms. Mary Beerman
From: Jeffery G. Ulma, AICP, Planning Director
Prepared by: Mary Beerman, AICP, Senior Planner
Approved by: Ben Shivar, Town Manager
Approved by: Russ Overton, Assistant Town Manager
REQUEST
To amend the previously-approved zoning conditions for approximately 67.76 acres, zoned General
Commercial Conditional Use (GC-CU), located at the northeast corner of the intersection of Walnut Street
and SE Maynard Road, to increase the maximum building height from two stories to 60 feet for a portion
of the site, and require installation of a new 8-foot-tall solid fence along the eastern boundary of the site
adjacent to Ivy Commons.
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 and can be found at
Land Development Ordinance.
SUBJECT PARCELS
Property Owner(s)
County Parcel Number
(10-digit)
Real Estate ID
Deeded Acreage
0773163696
0016643
67.76
Cary Venture LP
858 SE Maynard Road
Cary, NC 27511
Total Area
67.76
BACKGROUND INFORMATION
Applicant
Agent
Acreage
General Location
Schedule
Land Use Plan Designation
Existing Zoning District(s)
Existing Zoning Conditions
Proposed Zoning District
Jon Meshel
Cary Venture Limited Partnership
2030 Hamilton Place Blvd., Suite 500
Chattanooga, TN 37421-6000
Jason Barron, Morningstar Law Group
630 Davis Drive, Suite 200
Durham, NC 27560
67.76 ±
Northeast corner of the Walnut Street and SE Maynard Road intersection
Public Hearing
Planning & Zoning Board
Town Council
March 26, 2015
May 18, 2015
June 25, 2015
Commercial (COM)
General Commercial Conditional Use (GC-CU)
Existing Zoning Conditions (1 through 19)
General Commercial Conditional Use (GC-CU), with revisions to
previously-approved zoning conditions
Page 1 of 8
14.
An eight foot (8’) high wood fence shall be provided as a
continuation of the fence from the east end of the berm extending
for a distance of approximately 450’ in an easterly direction. Said
fence to be constructed on the north line of the resource and
conservation buffer.
Prior to issuance of a permit for the redevelopment of the Sears
space, a new solid fence a minimum of eight feet (8') in height shall
be provided along the entire eastern boundary of the site adjacent
to Ivy Commons. Said fence to be constructed on the north line of
the resource and conservation buffer.
16.
Buildings shall be limited to two (2) occupiable floors with no portion
of the buildings on site extending above the elevation of highest
point of the existing Hudson-Belk Department Store.
Proposed Revisions to
Previously-Approved Zoning
Conditions
(Double cross-out and
underline indicates changes
proposed by applicant since
the initial Town Council public
hearing).
Town Limits
Valid Protest Petition
Staff Contact
Except for buildings within 1,000 feet of the subject property’s
common boundary with Wake County Parcel Identification Number
0773-27-8587 (the “TAC Parcel”), the maximum height for buildings
located upon the property shall be two (2) stories. Within 1,000 feet
of the subject property’s common boundary with the TAC Parcel, the
maximum height for buildings located upon the property shall be
three (3) stories.sixty feet (60’).
Yes
Yes
Mary Beerman, AICP
(919) 469-4342
[email protected]
SITE CHARACTERISTICS
Streams: According to Town of Cary GIS Maps, the site is not impacted by stream buffers. Field
determination of such features will be required at the time of development plan review.
Existing Land Use: The site is currently developed as the largest of three parcels that make up the
Cary Towne Center shopping mall.
Adjacent Zoning and Land Use:
North – Residential 40 (R-40) (opposite side of Cary Town Boulevard): Mixed Use District (MXD), and
Office & Institutional (OI); vacant, congregate care facility (under construction), Baptist State Convention,
Triangle Aquatic Center
East – Residential 12 (R-12); detached dwellings (Ivy Meadows Subdivision)
South (opposite side of Walnut Street) – General Commercial Conditional Use (GC-CU); Barnes and
Noble Plaza
West – General Commercial; remainder of Cary Towne Center Mall, Village Square Shopping Center
CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
Land Use and Dimensional Standards
The proposed change to the existing zoning conditions would impact only the number of stories that could
be developed on the portion of the site within 1000 feet of the northeastern boundary of the subject
property (adjacent to the Triangle Aquatic Center). The maximum allowable height in feet based on
general requirements of the LDO is 50 feet. Building height may be increased by one foot for every
additional foot provided between the building footprint and the minimum building setback.
Page 2 of 8
Traffic
The rezoning application to increase the maximum building height is a change to zoning conditions that
does not create a new zoning district and would not result in a gross increase in traffic. Therefore, a traffic
study is not required.
SUMMARY OF PROCESS AND ACTIONS TO DATE
Neighborhood Meeting
According to the applicant, a neighborhood meeting for the proposed rezoning was held on December 15,
2014. According to the information submitted by the applicant, 64 residents attended the
meeting. Questions and concerns expressed at the meeting are provided in the meeting minutes
submitted by the applicant.
(Comments and concerns expressed at the neighborhood meeting related to the potential development of
a recreational use that combines a restaurant and golf driving range. The rezoning is requested solely
for the purpose of modifying an existing zoning condition (approved March 8, 1990) to increase the
maximum building height for a portion of the site. Development of the potential recreational use, as
described at the neighborhood meeting, would require a quasi-judicial public hearing, and approval of a
Special Use Permit by Town Council, as well as preparation of a traffic study. Specific details of the
proposed use would be presented and discussed at that time).
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.
Town Council Public Hearing (March 26, 2015)
At the public hearing, twelve residents of the adjoining neighborhood spoke in opposition to the request,
citing concerns related primarily to building height, lighting and the condition of the existing buffer along
the eastern property line. Three citizens spoke in support of the request. A representative of the Triangle
Aquatic Center expressed concerns related to traffic and access. Council members noted that proposed
building height expressed as three stories rather than a specific maximum height in feet was vague.
Based upon concerns expressed by Town Council regarding the proposed building height, the applicant
offered to conduct a balloon test.
Changes Since the Town Council Public Hearing
The applicant revised the previously-proposed zoning condition to specify a maximum building height of
60 feet within 1000 feet of the common boundary of the parcel containing the Triangle Aquatic Center
(applicable to the area highlighted in green on the map below, taking into account other zoning conditions
and LDO requirements), and added a new proposed zoning condition to require an 8-foot-high solid fence
along the eastern property line (adjacent to the Ivy Meadows Subdivision).
Results of Balloon Test
The applicant provided staff with results of a balloon test performed on April 22, 2015.
Page 3 of 8
Planning and Zoning Board Public Hearing (May 18, 2015)
Since proposed zoning conditions were revised after the initial public hearing, a second public hearing
was conducted by the Planning and Zoning Board. There were nineteen speakers at the public hearing:
ten citizens spoke in support of the request as a means of revitalizing Cary Towne Center; six residents of
the adjoining neighborhood spoke in opposition to the request and/or expressed concern with potential
visual, noise and lighting impacts. Two representatives of the Triangle Aquatic Center expressed
opposition to potential changes in traffic circulation and the change in location of parking spaces currently
utilized by TAC. One speaker urged the board to encourage creativity and diversity of people and ideas.
The board recommended approval of the request by a vote of 7-0. There have been no changes to the
request since the Planning and Zoning Board public hearing.
CRITERIA FOR CONSIDERATION IN REVIEWING REZONINGS
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be
considered in reviewing rezonings:
1. The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or
fact;
2. The proposed rezoning is consistent with the Comprehensive Plan and the purposes set forth in
Section 1.3 (LDO);
3. The Town and other service providers will be able to provide sufficient public safety, educational,
recreational, transportation and utility facilities and services to the subject property while maintaining
sufficient levels of service to existing development;
4. The proposed rezoning is unlikely to have significant adverse impacts on the natural environment,
including air, water, noise, stormwater management, wildlife and vegetation;
5. The proposed rezoning will not have significant adverse impacts on other property in the vicinity of the
subject tract; and
6. The proposed zoning classification is suitable for the subject property.
APPLICABLE COMPREHENSIVE OR AREA PLAN REQUIREMENTS
A. Townwide Land Use Plan
For this site, the governing land use element of the Comprehensive Plan is the townwide Land Use Plan.
That plan currently designates the site as being part of a mixed-use Regional Activity Center (RAC) that is
centered on and around Cary Towne Center Mall. Chapter 6 of the Land Use Plan defines activity
centers as physically and aesthetically unified, concentrated mixed-use areas containing commercial,
office, institutional, and high- and medium-density residential uses, arranged in a walkable, compact,
pedestrian- and transit-friendly manner. A regional activity center is typically anchored by a regional
shopping center, and is also intended to supply significant amounts of office space, plus ample amounts
of high- and medium-density housing.
The Land Use Plan Map also designates the site with an underlying land use designation of Commercial
(COM), reflecting the underlying commercial zoning. Taking the COM and RAC designations together, it
can be considered that the Land Use Plan recommends that the site be used either for Commercial uses,
or that the site could provide one or more of the land uses typically found within a RAC, subject to the
land use recommendations given in Section 6.2 of the Land Use Plan (Chapter 6).
Planning History for the Site
•
1996. At the time Cary’s townwide Land Use Plan was adopted in 1996, the Plan Map
designated the subject parcel as “Commercial,” and as part of a Regional Activity Center (RAC).
However, in 1996 the Plan Map did not specify precise boundaries for activity centers.
•
2006. The Land Use Plan Map was updated to show delineated boundaries for each of the
activity centers, corresponding to the boundaries of the associated Mixed Use Overlay Districts
that were established with LDO adoption in 2003.
Page 4 of 8
•
2009. The Land Use Plan document, Chapter 6, Section 6.2, was fully amended and updated to
provide new metrics and guidelines for mixed-use activity centers.
Land Use Analysis
There are three observations:
1. General plan conformance. The rezoning request only affects an existing zoning condition related
to building height, and not land use. Section 6.2.5 indicates that in a Regional Activity Center,
building heights of up to 10 stories might be considered. Thus, the request to amend the zoning
condition to allow for structures taller than two stories seems generally consistent with the Plan. The
proposed 60-foot height limit might typically accommodate commercial buildings of about four stories,
which is still far less than the 10-story maximum cited in the Land Use Plan.
2. Transitions to adjacent areas. The eastern side of Cary Towne Center mall is directly adjacent to
the Ivy Meadows neighborhood. In recent cases involving activity center sites adjacent to existing
single-family neighborhoods, two areas of concern have been consistently raised by residents:
(a) buffers and distance from activity center uses, and (b) potential off-site impacts on the
neighborhood, including impacts such as views, building height, lighting, noise, and/or odors.
•
Regarding the first concern, the mall is currently buffered from Ivy Meadows by a 100-foot
deep vegetated buffer.
•
It is difficult to evaluate the nature of any future impacts on the neighborhood, since a very
wide range of uses have been – and will be – possible under the General Commercial
District. The only impact that might be evaluated at present concerns visual impacts
associated with the proposed 60-foot height limit. The applicant’s proposed balloon test may
help to resolve questions regarding visual impacts.
Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that are relevant to this case:
•
Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired
forms of development.
•
Guiding Principle L1: Concentrate growth near existing and planned employment centers and
available and planned infrastructure to minimize costly service-area extensions.
Analysis: The rezoning request to increase the allowable building height is consistent with these Guiding
Principles, since the condition could help facilitate more intense development within this RAC, which by
definition is a preferred growth area and employment center. However, by limiting the height increase to
the northeastern corner of the Mall property, the rezoning request may fall short of setting the stage for
future economic revitalization of the remainder of the mall property(s).
Affordable Housing Plan
The Affordable Housing Plan is not directly applicable to this rezoning request.
Comprehensive Transportation Plan
Cary Towne Boulevard
Road Classification: 6-lane median divided thoroughfare with 23-foot median
Existing Section: 160-foot varied right of way with approximately 80- to 90-foot varied roadway section
Future Section: 129 feet of right of way in a 107-foot roadway section with a 14-foot-wide outside lane
and a 23-foot-wide median.
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot-wide outside lanes
Transit: N/A
Status of Planned Improvements: No planned improvements
Walnut Street
Road Classification: 6-lane median divided thoroughfare with 18-foot median
Existing Section: A varied 100-foot right of way section in a varied 90-foot roadway section
Future Section: 124 feet of right of way in a 102-foot roadway section with 14-foot-wide outside lane
and an 18-foot median
Sidewalks: Required on both sides
Page 5 of 8
Bicycle Lanes: 14-foot-wide outside lanes
Transit: N/A
Status of Planned Improvements: No planned improvements
SE Maynard Road
Road Classification: 7-lane arterial section
Existing Section: a varied 110-foot-wide right of way section with a varied 70-foot roadway section
Future Section: 124-foot right of way with a 93-foot-wide roadway section with a 12-foot two-way left
turn lane.
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot-wide outside lanes
Transit: N/A
Status of Planned Improvements: No planned improvements
Transit Service: The site is served by C-Tran Routes 1, 2, and 6, and Triangle Transit Route 301.
These routes provide direct connections to downtown Cary, Crossroads Plaza, the Maynard Loop, and
Raleigh.
Parks, Recreation & Cultural Resources
According to the Parks, Recreation and Cultural Resources Facilities Master Plan, a Street-Side Trail is
proposed along the north side of Convention Drive, continuing around the outside of the loop road around
the east side of the mall; this greenway extends between Walnut Street, Triangle Aquatic Center, and
Cary Towne Blvd.
Open Space Plan
Not applicable. This site has no identified natural resources.
Historic Preservation Master Plan
Not applicable. This site has no identified historic resources.
Imagine Cary
At their March 3, 2015 work session, council reviewed and affirmed three draft, overarching policies to be
used to guide future shopping and mixed use areas (“Where will we shop and dine?”). These draft
policies will form part of the framework for drafting the new Cary Community Plan during the second and
third quarters of 2015, including the development of new plan maps, objectives, and strategies. Two of
those three policies, Policies 1 and 3, bear on this rezoning case:
Policy 1: Facilitate Redevelopment of Underperforming Activity Centers
Facilitate the redevelopment and revitalization of Cary’s aging or poorly-performing activity
centers with a particular emphasis on redeveloping Downtown Cary. Redevelopment of
older centers to more vibrant and attractive destinations is preferred over the development
of new activity centers. 1
Policy 3: Support the Development of a Limited Number of Premier Activity Centers
Support the development of a limited number of centers that have higher
densities/intensities, are transit supportive, and have the greatest potential to be highfunctioning, premier centers.
Analysis. The subject rezoning seems to support Policy 1, by setting the stage for greater height and
intensity at Cary Towne Center Mall. The rezoning may also support Policy 3, since it is highly likely that
the Cary Towne Regional Activity Center will be one of the targeted “premiere centers.” There is,
however, one observation: First, ideally it would be preferable to consider a comprehensive revitalization
scheme for the entire activity center, or at least the entire mall site, so as to avoid uncoordinated,
piecemeal redevelopment without a common overall vision. It is, however, recognized that only a single
mall property owner is interested in rezoning at this time. It is anticipated that a master vision for this
activity center will be recommended later this year as part of Imagine Cary.
1
Italicized sections were added after the work session, to reflect council feedback and direction.
Page 6 of 8
Summary Observations
1. The Land Use Plan supports taller buildings within Regional Activity Centers (RAC’s) than allowed by
the current zoning conditions. The requested building height can generally be considered quite
reasonable within a regional activity center, depending on context and adjacent uses.
2. Whether or not the requested maximum building height will provide a reasonable transition to the
adjacent neighborhood will depend on the actual nature of off-site impacts on that neighborhood – if
any – including visual, light, noise, odor, or other impacts. At present, such future impacts are
unknown, since quite a wide variety of uses are permissible under the General Commercial District.
However the applicant’s proposed balloon elevation test should help to evaluate visual impacts.
3. The subject rezoning seems consistent with the draft shopping and mixed use center policies for
Imagine Cary. While a comprehensive vision for the future of the entire mall site and activity center
does not yet exist, a recommended vision is anticipated to be developed later in 2015, as part of the
draft Community Plan, via Imagine Cary.
APPLICANT’S JUSTIFICATION STATEMENT
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.
ORDINANCE FOR CONSIDERATION
Case 14-REZ-36 Cary Towne Center
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY BY AMENDING
THE PREVIOUSLY APPROVED ZONING CONDITIONS FOR 67.76 ACRES CURRENTLY ZONED
GENERAL COMMERCIAL CONDITIONAL USE, OWNED BY CARY VENTURE LP, TO INCREASE THE
BUILDING HEIGHT ON A PORTION OF THE PROPERTY FROM TWO STORIES TO THREE STORIES
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)
Cary Venture LP
858 SE Maynard Road
Cary, NC 27511
Total Area
County Parcel Number
(10-digit)
Real Estate ID
Deeded Acreage
0773163696
0016643
67.76
67.76
Section 2: That this Property is rezoned from GC-CU to GC-CU subject to 19 individualized
development conditions approved on March 8, 1990, with revision of Conditions 14 and 16 as indicated
below, 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.
14.
Prior to issuance of a permit for the redevelopment of the Sears space, a new solid fence, a
minimum of eight feet (8') in height, shall be provided along the entire eastern boundary of the site
Page 7 of 8
adjacent to Ivy Commons. Said fence is to be constructed on the north line of the resource and
conservation buffer.
16.
Except for buildings within 1,000 feet of the subject property’s common boundary with Wake County
Parcel Identification Number 0773-27-8587 (the “TAC Parcel”), the maximum height for buildings
located upon the property shall be two (2) stories. Within 1,000 feet of the subject property’s
common boundary with the TAC Parcel, the maximum height for buildings located upon the
property shall be sixty feet (60’).
Section 3: The proposed change to previously-approved conditions to increase the maximum number of
stories allowed on a portion of the property from two stories to three stories, while maintaining the height
limit in feet required by the LDO, is in conformance with ordinances and officially adopted plans and
addresses impacts reasonably expected to be generated by the rezoning to promote the public health,
safety and general welfare, and are accepted and approved by the Town.
Section 4: This ordinance shall be effective on the date of adoption.
Adopted and effective: June 25, 2015
________________________________________
Harold Weinbrecht, Jr.
Mayor
______________________________
Date
Page 8 of 8