Comprehensive Planning Committee
September 9, 2015
COMPREHENSIVE PLANNING COMMITTEE
The Comprehensive Planning Committee of the City of Raleigh met in regular session on Wednesday, September9, 2015, at 4:00p.m. in the City Council Chamber, Raleigh Municipal Building, 222 West Hargett Street, Avery C. Upchurch Government Complex, Raleigh, North Carolina, with the following present:
CommitteeStaff
Chairman Russ Stephenson, PresidingDeputy City Attorney Ira Botvinick
Councilor Kay C. CrowderPlanning Director Ken Bowers
Councilor Bonner GaylordPlanning and Zoning Administrator
Councilor Eugene WeeksTravis Crane
Planner II Doug Hill
Senior Planning Engineer/Transportation Todd Delk
Transportation Planning Manager Eric Lamb
Assistant Planning Administrator/Zoning
Eric Hodge
Chairman Stephenson called the meeting to order at 4:05p.m. All Committee members were present. CouncilorWeeks led the assembly in the Pledge of Allegiance.
Item #13-15 – Z-20-14 – Six Forks Road Conditional Use District
The following information was contained in the agenda packet:
This item was presented to the City Council on September 1, 2015. This is a request to rezone approximately 1.6 acres of land from Residential-4 (R-4) to Office Mixed Use-Three Stories-Parking Limited Conditional Use (OX-3-PL CU).
The submitted zoning conditions dated July 31, 2015 would restrict certain uses, limit driveway access on Six Forks Road, require a transit easement and shelter, limit the hours for trash pickup and specify location for trash receptacles, and restrict outdoor lighting. The applicant has offered conditions related to building transparency, landscape buffers, and the use of a portion of the property adjacent to neighboring residential. The applicant has also submitted a condition that would require the developer to submit an application for traffic calming on Northwood Drive.
The Planning Commission reviewed this request and found that while it is inconsistent with the Future Land Use Map, it is consistent with the 2030 Comprehensive Plan.
Because the public hearing has not yet been held, zoning conditions may be amended, and can be amended to be less restrictive.
Planner II Doug Hill presented this case with the assistance of a PowerPoint presentation. The subject property consists of three parcels located at the southeast corner of the intersection of Six Forks Road and Northwood Drive. Two parcels are accessed primarily from Six Forks Road and the easternmost parcel is accessed primarily from Northwood Drive. All are currently zoned R-4 with single-family homes. Slides included the existing zoning map showing the three parcels, O&I parcels adjacent to and south of the property (North Fork office condominiums and Capital Towers senior housing) as well as single family residences (majority of the properties to the north and the south, as well as further to the west) and R-4 across the street (mainly church campuses); aerial view of the site showing its location and the nearby uses (provides an idea of the relative height of the area buildings); groundviews of and around the site; area topography (adjoining property to east is a gathering point for stormwater runoff; lot of space behind the two existing buildings before one gets to the adjacent residence to the east that fronts exclusively on Northwood Drive); area streets and their shared networking of which Northwood Drive is a part; summary of proposed conditions; and existing versus proposed zoning.
Existing v. Proposed Zoning
Existing ZoningProposed Zoning
Residential Density (max) / 3.8 dwellings per acre(up to 6 units total) / 29.75 dwellings per acre
(up to 47 units total)
Setbacks
Front
Side
Rear / 30'
10'
30' / Per Parking Limited Frontage:
Min. 50% of building w/n 100 ft
Min. 25% of building w/n 100 ft
50 feet(per Transition Zones)
Retail Intensity Permitted / (not permitted) / (not permitted, per conditions)
Office Intensity Permitted / (not permitted) / 30,000 sf (per conditions)
Summary of Proposed Conditions
1.Certain uses prohibited.
2.Driveway access from Six Forks Road prohibited.
3.Transit easement/shelter offered.
4.Solid waste hours of operation limited.
5.Traffic calming measures on Northwood Drive offered.
6.Minimum proximity of solid waste facilities to Northwood Drive specified.
7.Light fixture design and height specified.
8.Street protective yard width and plantings on Northwood Drive specified.
9.Minimum and maximum fenestration on east façade specified.
10.Ground-mounted lighting of building prohibited.
11.Maximum square footage for non-residential uses specified.
12.Allocation covenant for non-residential square footage required.
13.Transition yard width, fence, and plantings along east lot line specified.
14.Maximum building height within 170 feet of east lot line specified.
Planner Hill pointed out the first 50 feet on the eastern edge of the property are conditioned for R4 use only; there would be qualifications about where transition zones would occur in this case.
The Future Land Use Map (FLUM) designates this site as Low Density Residential and any office uses are inconsistent with that concept. The Urban Form Map (UFM) designates Six Forks Road as a Transit Emphasis Corridor and the proposed transit easement is consistent with that. There is a mixed consistency with regard to the Comprehensive Plan. In the main, the pertinent Comprehensive Plan policies are consistent. The inconsistent policy is Policy LU 1.2 – Future Land Use Map and Zoning Consistency. The two outstanding issues are (1) staff comments on amended zoning conditions, and (2) sewer and fire flow matters may need to be addressed upon development. Two of the main points of discussion of staff's comments were Conditions2 and 5. Condition 2 prohibits access to Six Forks Road. While there is topography in the area to take into consideration, the Unified Development Ordinance (UDO) provides that access cannot be limited. Staff recommends that Condition 2 be deleted. Condition 5 pledges traffic calming measures on Northwood Drive. The City has a traffic calming policy and process and Northwood Drive is on the list; therefore, staff recommends deleting Condition 5. The Planning Commission recommended approval of the rezoning request by a vote of 5-2. The vote at the June 15, 2015 Midtown CAC was six in favor and11 against.
Senior Planning Engineering/Transportation Todd Delk reiterated that the UDO does not allow a condition that would prohibit access onto Six Forks Road. That condition will probably be likely by the North Carolina Department of Transportation (NCDOT)upon review of the site plan, anyway. Staff will be looking at access to the site; currently, it would be from Northwood Drive. A lot of the discussion at the Council meeting concerned the possibility of cross access easements. Cross access easements would have to be accomplished through private agreements with the neighboring properties outside of the zoning case. If NCDOT does not allow a driveway permit on Six Forks Road and the neighboring properties would not allow cross access to either the driveway or the pedestrian access signal at Capital Towers, the only access is to Northwood Drive. With regard to traffic calming Condition 5, Planning staff has been working with the applicant and Public Works staff to create a condition that meets the neighborhood's desire for traffic calming on the street while fitting within the City's process. Northwood is number 28 on the traffic calming list. Staff and the applicant are close to determining such a condition that would work for this case and future cases.
Mr. Gaylord said he foresees this coming up again, probably in reverse order. It would be good to be able to add streets to the traffic calming list through the petition process as part of the rezoning process. Ms. Crowder agreed but cautioned against bumping another street off the list for which residents have been waiting a long time for traffic calming. Engineer Delk assured her staff would find a way for the traffic calming to be funded in its entirety by the applicant so as not to take away from the funding for the other streets on the prioritized traffic calming list that would be publicly funded. There is an issue of equity involved in the traffic calming process. The City does not want to pit neighborhoods against one another. The City also wants to ensure there is a connection to the development and the project we are talking about.
Ms. Crowder pointed out the difficult of turning when traveling on these roads. In relation to this property, she asked where the next driveway is that comes out onto Six Forks Road, whether a driver was turning north or south. She does not think it would be possible to turn south onto Six Forks Road. Engineer Delk responded the driveways south and across the street are for the two large church properties. On the same side of Six Forks Road as the subject property and to the south, Capital Towers has a pedestrian signal onto Six Forks Road. There is a total of four driveways in a very short space on Six Forks Road. Engineer Delk said staff is just finishing the Six Forks Corridor Plan and hopes to present it to the City Council by the end of year. The corridor plan has been very well received by the people who live along the corridor. The plan looks at the widening of the road and other amenities that would go along this corridor. The plan has developed a cross section for a six-lane road that includes a considerable amount of streetscape improvements for pedestrians and bicyclists, including an above the curb bike lane on either side of the street buffered away from the sidewalks. The current required right-of-way for this corridor is 126 feet to meet the new cross section per the UDO. If the corridor plan is adopted as proposed, that cross section goes to 138 feet to accommodate all the things the community wants on that corridor. That is a consideration for the right-of-way dedications that might be along the front of this property, as well as bike lanes and sidewalks of substantial width. Adding more driveways interferes with that. Ms. Crowder said she noticed in the conditions that the applicant is not asking for a driveway out of the site, and asked if NCDOT may require one. Engineer Delk said NCDOT would not require one, but there is a possibility NCDOT would say it does not want access off Six Forks Road, either, and would deny a permit if one was requested. The language in the condition is in the spirit of what the City wants, but it cannot be included in the zoning conditions at this time. Even if cross access is granted, he suggests the City may want an access provided to Northwood Drive as well. Mr. Gaylord asked what right-of-way profile is being dedicated, and Engineer Delk responded 30 feet right now and an additional seven or eight feet on top of that.
Michael Birch, Esq., Morningstar Law Group, 630 Davis Drive – Suite 200, Morrisville, NC 27560-6849– Attorney Birch represents the applicant in this matter. He distributed copies of revised conditions dated and signed August 25, soon after the Planning Commission meeting. The Planning Commission recommended approval of the rezoning subject to technical corrections to address the staff comments listed in the staff report in the Commission's certified recommendation. These revised conditions were provided to staff on August 25 but could not be considered because they came between the Planning Commission action and the September 1 City Council meeting. Attorney Birch said with the exception of comments regarding Conditions 2 and 5, staff's comments have been addressed through the revised conditions. The outstanding staff comments pertain to Condition 2 – site access and Condition 5 – neighborhood traffic management. They have reviewed the draft language from staff, made a couple of comments related to timing of when the petition to Council would be made to initiate the process, when they would need to post a security instrument, and the date by which those improvements would need to be done. The applicant and staff are close to resolving comments onCondition 5. With regard to Condition 2, the Committee will see a revision stating "In the event text change TC-8-15 is adopted, there shall be no driveway access point along the properties' frontage along the Six Forks Road public right-of-way." (Clerk's Note: Italics added to indicate new language.) This text change has made its way through the Planning Commission and the Commission's recommendation will be presented to the City Council next Tuesday, at which time Council may refer it to Committee or authorize a public hearing. This is the text change that has been requested and worked on since April and would allow a restriction on site access. Given the number of existing driveways nearby and the grade of the property, they do not anticipate access onto Six Forks Road. Attorney Birch offered the following additional information with the assistance of a PowerPoint presentation.
Rezoning Request
●+/- 1.58 acres
●Currently zoned R-4 with single-family homes
●Request for OX-3-PL Conditional Use
♦Office Mixed Use
♦Maximum height of three stories
♦Parking Limited frontage type
●Conditions address potential impacts
●Request is reasonable and in the public interest
Attorney Birch stated Parking Limited is consistent with the Urban Form Map, bringing the building closer to the road. Using slides of aerial and ground views, Attorney Birch noted heights in the area. The office condos sit above the subject site. They are up the hill and peer into the back yards of the people who live on the south side of Northwood Drive. Photos showed how close the existing houses are to Six Forks Road. The right-of-way line is at the back of the curb. The anticipated right-of-way just under the 126-foot wide cross section comes up to the front steps. An additional six feet to accomplish the Six Forks Corridor Plan cross section brings the right-of-way line to the front door, if not inside, of the house. Other photos showed the existing grade from Six Forks Road. From a transit standpoint, the applicant's conditions require dedication of a transit easement and construction of a shelter. A slide of the Wake County Transit Alternatives showed the Bus Rapid Transit (BRT) Ridership Alternative and the BRT Coverage Alternative,and stated Six Forks Road is designated for enhanced bus service, i.e., it is designated a "Premium Service Corridor" in the Short Range Transit Plan. Slides illustrated the Six Forks Road right-of-way impact.
Six Forks Corridor Study
●Lots identified as one of limited set of lots on the corridor that have direct access to Six Forks Road, with side street access
●Residences in this section will have an average setback of 10 feet from the proposed cross section and have an average lot depth of 200 feet
●Lots identified as potential redevelopment opportunities
Two slides showed the proximity of the subject site to North Hills; it is approximately a nine-minute walk. The next slide summarized the proposed conditions. Attorney Birch stated the conditions are aimed at mitigating the impacts of a commercial use in this area and respond to the comments they have heard during the 15 months they have been in this process since filing the rezoning request in June 2014.
Conditions
●Uses
♦Prohibit incompatible uses, such as eating establishments and retail sales
●Noise
♦Limit dumpster service hours (7 AM – 7 PM) and dumpster location (75' from Northwood Drive)
●Lighting
♦Limit height of pole-mounted lighting (20') and require full cut-off design
♦Prohibit ground-mounted flood lamps
●Traffic
♦Install traffic calming measures on Northwood Drive
♦Limit non-residential development to 30,000 sf
♦Transit easement and shelter
●Building Compatibility/Transitions
♦Limit windows/doors on building elevations facing Northwood Drive and neighborhood
♦Limit building height as site slopes down from Six Forks Road toward neighborhood
♦Evergreen screen along Northwood Drive to screen building and parking lot
♦Limit easternmost portion of property to R-4/single family use
Attorney Birch stated a single family house on the easternmost portion of the property will provide an additional measure of transition. They have provided for a transition between the office use and that residential use even within the properties subject to the rezoning.
Conclusion
●Lots no longer appropriate for single family use
♦Comprehensive Plan policies encourage redevelopment
♦Six Forks Corridor study identifies as redevelopment opportunity
●Rezoning permits uses compatible with surrounding development
♦Comprehensive Plan identifies office use as appropriate transition between thoroughfare and neighborhood
♦Immediately adjacent to office uses, across from institutional uses
●Consistent with Urban Form Map
♦Parking Limited frontage and building height maximum