Town of Cary
North Carolina

Rezoning

17-REZ-13 Weldon Ridge PDD Amendment

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Katie Drye, Planning and Development Services

 

Executive Summary: The Town of Cary has received a request to amend the Town of Cary Official Zoning Map by rezoning approximately 61.93 acres, south of New Hope Church Road, west of Yates Store Road, and east of the American Tobacco Trail. The request is to change the boundaries of the previously approved Planned Development District (PDD) (tracts SF-6 and S-1) to allow for residential development with a maximum of 2.59 dwellings per acre and a school with a maximum floor area of 90,000 square feet, and no more than 1,300 students.

 

Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant.

 

Planning and Zoning Board Recommendation: The Planning and Zoning Board found the request to be consistent with the Imagine Cary Community Plan by a vote of 7-0.  However, many of the Board members noted concern over the proposed uses, access, and traffic associated with the site

Body

Changes Since the Town Council Public Hearing (January 24, 2019): The applicant reduced dwellings in SF-6 from 104 to 92, proposed phasing for the school buildings, and has edited the tract sizes based on more recent survey data.

 

Changes since the Planning and Zoning Board Meeting (March 25, 2019): The applicant has made minor clarification changes to the proposed PDD document.

 

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 the map to see surrounding development activity.

 

SUBJECT PARCELS

 

Property Owner(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Property Address

Deeded Acreage

Highcroft Commons, LLC

10801 Crisp Dr.

Raleigh, NC 27614

0725107310

19865

Unaddressed property with frontage on Yates Store Road

41.15

Parker & Orleans Homebuilders

211 James Jackson Ave.

Cary, NC 27513

0724199131

80019

Unaddressed property with frontage on Yates Store Road

20.78

Total Area

 

61.93+/-

 

 

OVERVIEW

 

Location of Subject Properties

West of Yates Store Road and approximately 1,900 feet south of New Hope Church Road

Schedule

Town Council
Public Hearing
December 14, 2017

 

Second Public Hearing:

January 24, 2019

Planning & Zoning Board

 

March 25, 2019

Town Council
 

 

May 23, 2019

Existing Zoning District(s)

Planned Development District Major (PDD Major) (Tracts SF-6 and S-1 of the Weldon Ridge PDD), Watershed Protection Overlay District (Jordan Lake Sub-district)

Existing Zoning Conditions

Tract SF-6: allowed uses include detached dwellings, patio dwellings, attached residential, zero lot line, neighborhood recreation

Tract S-1: allowed uses include school, pre-school, day care, church

Proposed Zoning District(s)

Planned Development District Major (PDD Major) (Tracts SF-6 and S-1(a) and S-1(b) of the Weldon Ridge PDD), Watershed Protection Overlay District (Jordan Lake Sub-district)

Proposed Zoning Conditions

1.      Tract SF-6:

a.       Land use on tract SF-6 shall be limited to a maximum of 92 detached residential units with a minimum lot size of 8,000 square feet

b.      The buffer adjacent to the American Tobacco Trail shall be a minimum of 75 feet.

2.      Tract S-1

a.       S-1 (a) Land use shall be limited to a school, with: a maximum floor area of 90,000 square feet; with a maximum of 1,300 students. 

b.      S-1 (b): Land use shall be limited to a school, preschool, daycare, and church (no changes proposed to S-1 (b))

3.      Conditions for S-1 (a)

a.       Stagger start times for grades K-5 and grades 6-12 by at least 30 minutes during the weekday AM peak hour.

b.      Provide a minimum of 4,800 linear feet of on-site stacking for internal operations based on NCDOT MSTA maximum high demand internal stacking requirements.

c.       Phasing of the school buildings: Phase 1 - The first phase (Phase 1) constructed within subdistrict S-1(a) shall be ≤35,000 square feet and occupied by ≤450 students. Phase 2 - No certificates of occupancy for any additional buildings in sub-district S-1(a) shall be issued prior to the second anniversary of the date upon which the initial certificate of occupancy was issued in connection with buildings in Phase 1.   

4.      Access (as shown on the PDD amendment document)

a.       Access on Yates Store Road

b.      Access New Hope Church Road

5.       Please reference the PDD and PDD amendment for full set of zoning conditions.

Town Limits

Yes 

Staff Contact

Katie Drye

919-469-4085

Katie.drye@townofcary.org

Applicant and Applicant’s Contact

Glenda S. Toppe, Glenda S. Toppe & Associates

919-605-7390

glenda@gstplanning.com

 

sUMMARY OF REQUEST

 

Weldon Ridge is a Planned Development District (PDD) of more than 300 acres located in western Cary crossing the Wake and Chatham County line. Originally approved in 2004, Weldon Ridge includes a mixture of detached dwellings, attached dwellings, multifamily, and institutional uses (school and church).

 

This rezoning proposes to amend two tracts of the Weldon Ridge PDD: (S-1) and (SF-6). See below for a summary of the rezoning request.

 

Proposed Change to Tract (S-1): S-1 is a non-residential tract. Current allowed uses include school, church, daycare and pre-school. The proposed changes to the S-1 tract are described below.

 

§         Separate S-1 into two sub-districts, S-1(a) and S-1(b)

o       S-1(a) school (remove other allowed uses: preschool, day care and church)

o       S-1(b) remain as previously approved (allowing for school, pre-school, day care, and church) (no changes are proposed to S-1 (b))

§         Shift the boundaries of S-1 to the south fronting Yates Store Road

§         Reduce the S-1 parcel from 58.55 acres to 46.24 acres (total of S-1(a) and S-1(b))

 

Current Approved for S-1

Proposed Amendment to S-1

Tract S-1: School, pre-school, day care, and church

58.55 acres

Tract S-1(a): School
(Max size building size of 90,000 SF and student count of 1,300)

26.47 acres

Tract S-1(b): School, Pre-school, Daycare, Church (no changes proposed to S-1 (b)

19.77 acres

New Total for S-1(a) and S-1(b)

46.24 acres

Note: Since the initial public hearing, the applicant has submitted a survey to clarify the sizes of the proposed tracts. The clarified acreage is reflected in the table above. According to information submitted by the applicant, the previous acreage for the S-1 (a) and (b) and SF-6 from the January 2019 public hearing was based on approximate areas for the tracts which did not include area for stream buffers and other buffers. The revised acreage, reflected in the table above, are updated to include the tracts and the buffers. S-1(a) has increased from 17.39 acres to 26.47 acres and tract SF-6 from 33.42 acres to 35.45 acres. No changes are proposed to S-1(b).

 

Proposed Amendment to tract SF-6: SF-6 is a residential tract. The current entitlement for this tract is a maximum of 46 detached and/or attached units. The proposed changes to the SF-6 tract are described below.

 

§         Increase the tract size from 9.19 to 35.45 acres

§         Increase unit count from 46 to 92

§         Change residential unit type from detached/attached dwellings to detached dwellings

§         Shift the boundary of SF-6 north so that it is adjacent to the American Tobacco Trail

§         Additional zoning conditions proposed:

o       increase the width of the buffer adjacent to the American Tobacco Trail from 50’ to 75’, and

o       establish a minimum lot size of 8,000 square feet

 

Current Approved for SF-6

 

Proposed Amendment to SF-6

Detached, Attached, and Patio Dwellings

Zero Lot Line

9.19 acres

46 units

5 du/ac

Detached Dwellings

35.45 acres

92 units

2.59 du/ac

 

 

sUMMARY OF Process and Actions to Date

 

Notification
Notice of the two public hearings on the proposed rezoning were mailed to property owners within 800 feet of the subject property, published on the Town’s website and posted on the subject property. Required mailed notification distances are noted in the table below; the Town exceeds the minimum mandated by state law and the Land Development Ordinance (LDO).

 

Notification Requirements

North Carolina General Statute

Abutting properties

Town of Cary Land Development Ordinance

Properties within 100 feet

Town of Cary Practice

Properties within 800 feet

 

Neighborhood Meetings

The required neighborhood meeting was held at Cary Town Hall on October 4, 2017 and according to information submitted by the applicant, 10 nearby property owners attended. Concerns expressed by the citizens are included in the meeting minutes submitted by the applicant. Since the initial neighborhood meeting, the applicant has held additional neighborhood meetings with area residents in January 2018 and December 2018.

 

Citizen Concerns

There has been a significant amount of citizen concern regarding this rezoning proposal. At both public hearings, concerned area residents shared many comments. Follow up comments and concerns were also shared via emails to the Mayor and Town Council, the Planning and Zoning Board, Town staff, and the applicant. Areas of concern expressed by nearby residents include the potential impacts of traffic from the school, proximity of the proposed school to the existing neighborhood, the proposed acreage for the school, pedestrian and bicycle safety, impact to the American Tobacco Trail, and concern regarding the overall impact to the roadway system.

 

In response to citizens’ concerns, staff coordinated meetings with area residents to review and discuss detailed questions regarding the traffic study, the rezoning proposal and the rezoning process. The applicant also held additional neighborhood meetings and met with smaller groups of neighbors. Mayor and Council have responded to numerous emails and requests to meet throughout the duration of this rezoning case.

 

Changes to the Rezoning Case

The original application which was filed in 2017 requested a school with up to 2,200 students and a residential component of 104 units. In 2018 the applicant revised their application multiple times to reduce the proposed size of the school (within the S-1(a) tract). Due to the changes in scope the applicant chose to restart the case by taking it back to the Town Council for an initial Public Hearing which was held January 24, 2019. The rezoning request at the January public hearing included a school with a maximum of 1,300 students and 104 dwellings. This revised application also included an updated traffic study to reflect the current proposal.

 

Since the Town Council Public Hearing in January, 2019, the applicant made additional changes to reduce the number of dwelling units from 104 to 92 and propose phasing for the school buildings and associated carpool lane lengths. The applicant also submitted survey information to clarify the tract sizes.

 

Note on acreage clarification: The previous acreage listed for tract S-1 (a) did not include the stream buffers along the western and southern property boundaries. The acreage has been updated to reflect two changes: 1. Smooth out the northern tract line between S-1(a) and SF-6 and also to include the stream buffers and other buffers along the southern and western property boundary.

 

State Legislation Regarding Road Improvements and K-12 Schools:

Recent state law enacted by the NC General Assembly (GS 160A-307.1) places limitations on required road improvements for schools, and requires the Town to reimburse developers of school related projects for the cost of any improvements to Town streets required by the Town. This legislation also prohibits municipalities from conditioning the approval of a rezoning for school related projects on the waiver or reduction of any provision of the state statute; and prohibits municipalities from denying a rezoning request based on the level of service of roads adjacent or close to a school.

 

After passage of the legislation, the applicant revised their application to withdraw any zoning conditions which committed the construction of road improvements. If the rezoning is approved, the road improvements will be determined at the time of the development plan approval in compliance with state law.

 

Planning and Zoning Board Meeting, March 25, 2019

Staff presented an overview of the case followed by the applicant’s representative who shared a justification for the request. The Planning and Zoning Board members had questions about the proposed uses, the site access points, the traffic study, state legislation regarding schools and road improvements, and the number of residential units.

 

The Planning and Zoning Board recommended that the case was consistent with the Imagine Cary Community Plan by a vote of 7-0. Although the case was found to be consistent with the Plan, many of the Board members noted concern over the proposed uses, access, and traffic associated with the site.

 

Changes Since the Planning and Zoning Board Meeting

The applicant has made minor clarifications to the PDD document to specify the timing for the carpool lanes, and the amount of open space included in the proposal.

 

 

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, staff has identified policies and recommendations applicable to this case and has provided an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.

 

LIVE Policies

The Town’s LIVE policies respond to the housing challenges and opportunities facing Cary by:

§         Providing a variety of housing choices

§         Meeting new household needs

§         Maintaining high quality established neighborhoods

Applicable Policies:

Maintain Neighborhood Character (Policy 1)

Provide More Housing Choices for All Residents (Policy 2)

Provide for More Housing Options in New Neighborhoods (Policy 3)

 

Staff ObservationsThe revised residential area in the Weldon Ridge PDD would include a maximum proposed density of 2.59 units per acre.  This density is slightly higher than the adjacent neighborhoods, Montvale and the Peninsula at Amberly, which include housing at one to two units per acre, but is lower than the density currently permitted in SF-6.  However, the applicant is also proposing to expand the boundaries of SF-6, such that with this amendment, the maximum number of residential units within SF-6 would increase by 46.  Although most of the housing in this area is single family detached, the provision of homes at a slightly higher density will likely provide a different housing choice for citizens in the Chatham-Cary joint land use planning area.

 

WORK Policies

The Town’s WORK policies respond to economic challenges and opportunities facing Cary by:

§         Maintaining a strong and diverse local economy

§         Providing a variety of employment options 

Applicable Policy:

Promote High Quality Education.  (Policy 9)

 

Staff Observations:  The potential for a local educational offering with a school site remains in this amended PDD.

 

engage Policies

Parks Recreation and Cultural Resources Master Plan Goals

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

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

 

The subject property is adjacent to a Town Park Site (P-0005), the American Tobacco Trail, and the Montvale Greenway, as indicated on the Parks, Recreation & Cultural Resources Master Plan.  No additional public recreation facilities are proposed on these parcels per the master plan.  Though the Town is currently pursuing an update to the PRCR Master Plan to address the Chatham-Cary Joint Land Use Plan area, no changes are anticipated for proposed public recreation facilities on these parcels.

 

 

The park land dedication requirements for the Weldon Ridge PDD have been previously met with dedication of a portion of the P-005 park site and greenway construction.  In accordance with the PDD and the LDO, connector trails from the subject property to the adjacent public recreation facilities will be required with details to be addressed at time of development plan.

 

shape Policies

The Town’s SHAPE policies guide future growth by:

§         Supporting the Town’s economic development efforts

§         Efficiently using existing and planned infrastructure

§         Ensuring the Town’s fiscal health

§         Maintaining the high quality of development found today

Applicable Policies:

Provide Appropriate Transitions Between Land Uses. (Policy 6)

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

Suburban Neighborhood Development Category/Chatham-Cary Joint Land Use Plan (Future Growth Framework Map)

 

Staff Observations:  Cary’s appearance standards and Land Development Ordinance requirements define transitions between land uses and maintain Cary’s quality of development.

 

The subject properties are located within the Suburban Neighborhood development category as per the Future Growth Framework Map.  Suburban Neighborhoods are located at the outermost western and southern edges of Cary’s planning area.  They serve as a suburban transition zone to adjacent rural and county development in Wake and Chatham Counties. Both detached dwellings and schools are listed as appropriate use types within the Suburban Neighborhood designation.

 

Suburban Neighborhoods (shown in yellow above) are located on the outermost edges of Cary’s planning area.

 

The subject properties are also located within the Chatham-Cary Joint Land Use Plan area.  The guiding principles found in the Joint Plan are noted below.

 

Chatham-Cary Joint Land Use Plan

The guiding principles of the Chatham-Cary Joint Plan are designed to meet the vision for this area.

Applicable Principles:

§         Within one mile of the mean pool elevation of Jordan Lake (i.e., of the lake shore), avoid all nonresidential development, and allow residential densities of no more than one dwelling per acre.

§         Use the future availability of public utility services to guide and direct growth to minimize water quality impacts on Jordan Lake Reservoir.

§         Focus the most intense land uses close to the eastern boundary of the plan area and the major transportation facilities, and maintain very low intensity and very low density uses westward towards Jordan Lake Reservoir.

 

Staff Observations:  The applicant’s request complies with the guiding principles of the Chatham-Cary Joint Land Use Plan.

§         The subject properties are located on the eastern boundary of the plan area; potential institutional and residential uses are appropriately located (see map below).

§         The southern subject property includes an existing sanitary sewer line.

A close up of a map

Description automatically generated

 

 

 

Chapter 7:  MOVE Policies

Cary’s MOVE policies are designed to respond to transportation challenges and opportunities:

§         Provide an efficient, functional, and well-designed transportation system

§         Allow mobility choices

Applicable Policies:

Ensure Safety for All Users and Modes (Policy 1)

Apply Multimodal Street Designs (Policy 2)

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

Ensure a Well-Maintained System (Policy 8)

 

Cary’s transportation requirements for development are a reflection of the Move Chapter policies. Planned improvements illustrated on the adopted Move chapter maps were developed to ensure the safety and accommodation of all users and modes, reflect land use considerations, provide additional system connections, close gaps, and minimize thoroughfare widths wherever possible.  

 

Yates Store Road

§         Existing Road Cross Section:  Thoroughfare – 4-lane, landscaped median – 100 foot right-of-way

§         Future Yates Store Road:  Thoroughfare – 4-lane, landscaped median – 100 foot right-of-way

§         Transit:  There are no existing or planned GoCary or GoTriangle routes near the subject properties.

 

Note:  Streets in Cary are typically constructed or widened in increments, with developers generally completing the half-width section along their frontage when the property is developed. Construction of off-site improvements are not required but may be voluntarily offered as zoning conditions by applicants for rezoning cases. In some cases construction of off-site improvements may be required by NCDOT.

 

 

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

Density and Dimensional Standards

 

Existing
Tract

SF-6

(Detached Dwellings)

Existing
Tract

SF-6

(Attached Dwellings)

Proposed Tract

SF-6

(Detached Dwellings)

Max. Gross Density

5.0

2.59

Min. Lot Size

5,200 SF

N/A

8,000 SF

Minimum Lot Width

50’

Per LDO

50’

Roadway Setback

20’

Per LDO

20’

Side Yard Setback 1

7’ w/agg of 15’

15’ corner lot

Per LDO

5’

Rear Yard Setback 1

20’

Per LDO

20’

Maximum Building Height

35 feet (May be increased by one foot for every additional foot provided between the building footprint and the minimum required setback).

1   Unless a zoning condition voluntarily offered by the applicant states otherwise, where a regulatory stream buffer forms a rear or side property line of a lot, and pursuant to NCGS 143-214.23A(f), the Town must attribute to each lot abutting the stream buffer a proportionate share of the stream buffer area (a) for purposes of lot area requirements (i.e., the portion of the stream buffer between the applicable lot line and the near edge of the associated stream will be included for the purpose of determining if the minimum lot size requirement of the LDO is satisfied); and (b) for purposes of calculating the minimum rear or side setback and perimeter buffer if applicable (i.e., the setback or buffer will be measured from the near edge of the associated stream instead of from the actual property boundary).

 

Height Requirements for the Non-Residential Uses:

§         Within 100 feet of a residential district: 35 feet plus 1 foot for every foot provided in addition to the minimum setback;

§         More than 100 feet from a residential district: 50 feet plus 1 foot for every foot provided in addition to the minimum setback.

 

Landscape Buffer and Streetscape

 

Current buffers and streetscapes:

·         S-1

o       50’ Type A Buffer adjacent to American Tobacco Trail

o       40’ Type A Landscape strip along northern and southern property boundary

o       50’ Streetscape

 

Proposed buffers and streetscapes (as shown on image above, also see attachment to staff report for PDD document with buffers):

·         S-1 (a)

o       40’ type A buffer along northern and western property boundaries

o       30’ Streetscape

·         SF-6

o       75’ Type A Landscape Strip adjacent to American Tobacco Trail

 

 

TRAFFIC             

Per section 3.4.1(D)(3) of Cary’s LDO, a traffic study is required for rezoning applications when a development is anticipated to generate 100 or more peak hour trips. The proposed mix of institutional and residential uses required a traffic study. A Final Draft Traffic Analysis Report (17-TAR-421A) was prepared by the Town’s on-call traffic engineering consultant Ramey Kemp & Associates, dated August 2018.  In accordance with the LDO, the study has a 5-year build-out period, which is year 2022.  Findings of the study are as follows:

 

Project Description (assumed for purposes of the traffic study)

 

§         104 Single Family Detached Units – Phase 1

§         K thru 12 Private School with 1,300 Students – Full Buildout

 

Land Use

Weekday Traffic

AM Peak Hour (vehicles/hour)

PM Peak Hour

(vehicles/hour)

Single Family Detached Housing

990

77

103

Private School Grades K thru 12 (1,300 students)

1,647

937

70

TOTAL Site Trips

2,637

1,014

173

 

Trip Generation Comparison

A previous proposal for an Urban Charter School and Single Family Detached Housing on this site included 2,200 students and 115 residential units. In comparison, this new proposal with a 1,300 student “Private School” and 104 Single Family Detached units is expected to generate significantly fewer trips than the original proposal. Specifically, the updated development program would generate 63% (or 1,760) fewer AM peak hour trips, 55% (or 210) fewer PM peak hour trips, and 56% (or 3,342) fewer weekday daily trips.

 

Access

The proposed Weldon Ridge development was analyzed in two (2) phases. Phase 1 includes the residential portion of the proposed development and phase 2 (or full buildout) includes the residential and school uses of the proposed development. The proposed development is expected to be served via two (2) full movement access roads, one (1) on Yates Store Road proposed to align with Sentinel Ferry Lane, and one (1) on New Hope Church Road. It should be noted that the Phase 1 (residential only) and Full Build-Out (residential and school) combined (2022) analysis scenarios both consider site access connections to Yates Store Road and New Hope Church Road. One (1) full movement access driveway to the school would be provided along the proposed Sentinel Ferry Lane Extension, and one (1) left-over access driveway is proposed along Yates Store Road.

 

As shown on the conceptual site plan (within the Traffic Study attached to the staff report), the proposed development provides approximately 3,000 linear feet of internal stacking distance on-site for the Middle School / High School and 1,400 linear feet on-site for the K-5 School for student drop-off and pick-up. NCDOT’s Municipal School Transportation Assistance (MSTA) reviewed the applicant proposed internal circulation for the school and indicated that the stacking proposed is adequate.

 

Intersections Studied

The traffic study evaluated a total of 12 intersections within one (1) mile of the site boundary per LDO standards. The 12 intersections also include the proposed site entrances. A list of these intersections is included in the Executive Summary of the traffic study, which is attached to this staff report.

 

Analysis Conditions

The study evaluated AM and PM peak hour operations at each of the intersections studied for four analysis year scenarios:  Existing (2017) Conditions; Background (2022) Conditions; Combined (2022) Conditions; and Combined (2022) Conditions with Improvements.

 

For Background Traffic (2022) Conditions, there were 9 potential developments in the vicinity that may be approved and completed prior to, or at the same time as, the build-out of the proposed development. Site traffic generated from those planned and/or developed projects was accounted for at the study intersections in the Background Traffic (2022) Conditions.  Those background developments include:

 

§         12-TAR-353 Mills Tract Development (Southerlyn, 12-SP-004, 13-SP-005)

§         13-TAR-359 Shadow Creek (Woodhall, 14-SB-024)

§         13-TAR-368 Montvale (14-SB-003, 14-SB-005)

§         13-TAR-369 Williams Tract (Bellewood Manor, 13-SB-002)

§         16-TAR-397 Infinity Learning Center (Fire Station Professional Park, 16-SP-019)

§         16-TAR-398 Lewter Property (Amberly Place, 16-SP-060)

§         17-TAR-417 White Oak Foundation

§         Green Level High School TIA, SEPI (Green Level High School, 13-SP-065)

§         Amberly MF-1 TIA, Kimley-Horn (Amberly Glen, 15-SB-019)

 

 

The Executive Summary of the Traffic Analysis Report, which is attached to this staff report, includes information on level of service reported at each intersection studied and recommendations for improvements at these intersections. The traffic study also includes traffic generated by developments in the area that are approved, but not yet constructed.  

 

Improvements Being Considered by Town of Cary

 

The following improvement has been committed to by Town of Cary and NCDOT, approximately two (2) miles east of the site:

 

Morrisville Parkway Extension and NC 540 Interchange (TIP U-5315)

The Town of Cary is working with developers and NCDOT to complete the last segment of the Morrisville Parkway corridor from NC 55 to Green Level Church Road. The project (NCDOT TIP U-5315) will initially include a two-lane road extension between the current termini east of Westfalen Drive and west of Highcroft Drive, and an interchange at NC 540 (Western Wake Freeway).

 

Intersection Improvement Recommendations

 

To mitigate traffic impacts the proposed development may have on the adjacent roadway system, the Traffic Analysis Report provided recommendations for improvements consistent with LDO Section 3.4.1(D)(3) Traffic Impact Analysis (TIA). These improvements have been summarized below and shown in an overall graphic following the table:

 

 

ROAD AND INTERSECTION IMPROVEMENTS

  Improvement offered as a zoning condition

X    Improvement not offered as a zoning condition

Improvement not offered; justification provided

PHASE 1 – 104 Single Family Detached Units

1.       Intersection of New Hope Church Road [E-W] and Site Drive [N]

X

Construct the northbound approach with one ingress lane and one egress lane. Stripe the egress lane as a shared left/right-turn lane.

X

Provide stop control for the northbound approach

 

Staff Analysis:

Although the applicant has not offered to make this improvement, these would be requirements at the time of development plan for providing access to the subject site

2.       Intersection of Yates Store Road [N-S] and Sentinel Ferry Lane/Sentinel Ferry Lane Extension [E-W]

X

Construct the eastbound approach (Sentinel Ferry Lane Extension) with one ingress lane and one egress lane

X

Provide stop control for the eastbound approach

 

Staff Analysis:

Although the applicant has not offered to make this improvement, these would be requirements at the time of development plan for providing access to the subject site

FULL BUILD OUT - 104 Single Family Detached Units + 1,300 student K-12 Private School

3.       Intersection of Yates Store Road [N-S] and Weldon Ridge Boulevard [E-W]

X

Construct a westbound right-turn lane with a minimum of 50 feet of storage and appropriate deceleration and taper length. It is recommended that the existing median be utilized to accommodate the recommended laneage on the westbound approach.

X

Construct a northbound right-turn lane with a minimum of 100 feet of storage and appropriate deceleration and taper length.

X

Monitor intersection for signalization prior to full build-out of the development. Conduct a full signal warrant analysis at this intersection prior to build-out of the development to determine if a traffic signal is warranted.

 

 

 

 

 

 

 

 

 

 

 

 

4.       Intersection of Yates Store Road [N-S] and Sentinel Ferry Lane/Sentinel Ferry Lane Extension [E-W]

X

Construct an eastbound left-turn lane with full width storage extending back to the intersection of Sentinel Ferry Lane Extension and Site Drive 1. Stripe this turn lane as a TWLTL that will also serve the westbound left-turn lane at the intersection of Sentinel Ferry Lane Extension and Site Drive 1.

X

Construct a southbound right-turn lane with 175 feet of storage and appropriate deceleration and taper length.

 

 

5.       Intersection of Morrisville Parkway [E-W] and Weldon Ridge Boulevard [N-S]

X

Construct a southbound left-turn lane with 150 feet of storage and appropriate deceleration and taper length. Maximize the storage provided for this turn lane without impacting the existing pedestrian island along Weldon Ridge Boulevard.

X

Monitor intersection for signalization prior to full build-out of the development. Conduct a full signal warrant analysis at this intersection prior to build-out of the development to determine if a traffic signal is warranted.

 

 

 

 

6A.  Intersection of Sentinel Ferry Lane [E-W] and Site Drive 1 [N] – Stop Controlled Intersection

X

Construct an eastbound right-turn lane with 100 feet of storage and appropriate deceleration and taper length

X

Construct a westbound left-turn lane with full width storage extending back to the intersection of Yates Store Road and Sentinel Ferry Lane / Sentinel Ferry Lane Extension. Stripe this turn lane as a TWLTL that will also serve the eastbound left-turn lane at the intersection of Yates Store Road and Sentinel Ferry Lane / Sentinel Ferry Lane Extension

X

Construct the northbound approach with two ingress lanes and two egress lanes. Stripe the egress lanes as exclusive left and right-turn lanes. Stripe the outside ingress lane as an exclusive through lane and the inside ingress lane as an exclusive left-turn lane at the next internal intersection

X

Provide stop control for the northbound approach

 

 

6B.  Intersection of Sentinel Ferry Lane [E-W] and Site Drive 1 [N] – Roundabout

X

Construct a roundabout and provide yield control for all approaches

X

Provide an eastbound shared through / right-turn lane with full width storage extending back to the proposed residential development

X

Provide a westbound shared through / left-turn lane with full width storage extending back to the intersection of Yates Store Road and Sentinel Ferry Lane / Sentinel Ferry Lane Extension. Taper the proposed 3-lane section divided by TWLTL along Sentinel Ferry Lane Extension to a 2-lane section before the roundabout

X

Construct the northbound approach with two ingress lanes and one egress lane. Stripe the egress lane as a shared left / right-turn lane. Stripe the outside ingress lane as an exclusive through lane and the inside ingress lane as an exclusive left-turn lane at the next internal intersection

 

 

7.   Intersection of Yates Store Road [N-S] and Site Drive 2 [E]

X

Construct the eastbound approach with one egress lane to be restricted to a right-out only and one ingress lane

X

Provide stop control for the eastbound approach

X

Construct a southbound right-turn lane with of 100 feet of storage and appropriate deceleration and taper length

X

Construct a northbound left-turn lane with of 100 feet of storage and appropriate deceleration and taper length

 

 

8.      Intersection of Site Drive 1 [N-S] and Site Drive 2 [E-W]  - Internal Circulation

X

Construct the southbound approach and provide one exclusive through lane and one exclusive left-turn lane with full width storage extending back to Sentinel Ferry Lane Extension

X

Construct the westbound approach and provide one exclusive left-turn lane with full width storage extending back to Yates Store Road and one exclusive right-turn lane with full width storage extending back to the car pool exit for the K-5 building

X

Construct a concrete monolithic island allowing southbound through movements and westbound left-turn movements to occur simultaneously. This concrete monolithic island should also channelize the southbound left-turn movement

X

Construct the northbound approach and provide one shared through/right-turn lane extending back into the site

Recommendation based on NCDOT/MSTA Guidelines for Stacking and Internal Circulation

Stagger bell schedules for grade levels K-5 and grade levels 6-12 by at least 30 minutes during the weekday AM and PM peak hours to spread out the site trips entering and exiting the development during the weekday AM and PM peak hours which will reduce the delays and queues observed at study intersections

Provide a minimum of 2,962 linear feet of on-site stacking for internal operations based on NCDOT MSTA maximum high demand internal stacking requirements

X

Provide traffic control personnel to direct traffic during morning drop-off and afternoon pick-up times

 

 

NCDOT Review

NCDOT Congestion Management’s TAR review comments are provided as an attachment to this staff report. Congestion Management’s review indicated that all of the recommended improvements in the TAR are appropriate with the exception of signalization recommendations at Morrisville Parkway/Weldon Ridge Boulevard and Yates Store Road/Weldon Ridge Boulevard intersections.

 

Staff Comments Regarding Recommendations in Traffic Study

 

Under full buildout conditions, the traffic study (17-TAR-421A) identified deficiencies at six (6) of the study intersections. Improvements at four (4) of these six (6) intersections are associated with the proposed school with 1,300 students. Improvements at one (1) of the six (6) intersections are associated with the residential uses; the remaining one (1) improvement is associated with both school and the residential uses.  The impacts of site-generated traffic at each of these intersections would be lower if some type of bus or shuttle service is provided, however the applicant has not offered a condition regarding transportation to the school site.

 

Intersection Improvements Graphic Excerpt

 

 

 

Phasing Plan and Reimbursements

The applicant has proposed a zoning condition which indicates the site would be developed in multiple phases. The proposed school is not expected to operate at full capacity on opening day. The recommended improvements could also be phased.

 

At time of development plan review for the school use, the Town and NCDOT will have to decide which street improvements will be required.  Pursuant to the new state law described above, the cost of any improvements to NCDOT streets required by NCDOT will have to be reimbursed by NCDOT; the cost of any improvements to Town streets required by the Town will have to be reimbursed by the Town.  At staff’s request, the applicant provided a preliminary cost estimate, which indicates the total cost of improvements on both Town and NCDOT streets (at full build-out) for which reimbursements could be requested is approximately $3,400,000.

 

Stormwater

The Town has specific stormwater and floodplain management requirements for new development that must be addressed during the development plan review process to satisfy Cary’s Land Development Ordinance. These new development requirements are established to mitigate potential flooding impacts and to enhance water quality of our streams while protecting current and future residents of Cary. These protections are provided comprehensively as follows:

 

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

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

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

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

 

 

STAFF RECOMMENDATION        

 

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

 

Summary of Analysis  

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

§         An evaluation of the Joint Chatham Cary Land Use Plan finds that the rezoning proposal is consistent with the plan. The applicant received approval of a joint land use plan amendment in 2017 which reflected the shift of the school tract to front Yates Store Road and the residential tract move towards the north adjacent to the American Tobacco Trail. The land use plan amendment noted the residential tract density should be at three (3) dwelling units or less.  The rezoning proposal is under this density with a proposal of 2.59 units per acre.

§         Staff analysis of changes to the SF-6 tract: the rezoning proposes an increase of units to a maximum of 92 (an increase of 46 dwelling units). The acreage for the SF-6 tract has also increased which reduced the density to 2.59 units per acre. With this change, the applicant is also proposing to increase the minimum lot size from the previously approved 5,200 square feet to a minimum lot size of 8,000 sq ft

§         Staff analysis of changes to the non-residential S-1 tract: The rezoning does not propose changes to the allowed uses; the proposal is to shift the boundaries of the tract, reduce the size of the tract and refine the uses by creating two sub-districts (S-1(a) and S-1(b)). As noted above, the proposed location and size of the tract is consistent with the previously approved Land Use Plan amendment.

§         Changes in state law regarding road improvement requirements for schools have evolved over the last two years.  These changes have impacted the scope and evaluation of the rezoning request. When the case was originally submitted in 2017, the applicant proposed certain road improvements through zoning conditions. Changes to state law placed limitations on the ability of municipalities to require certain road improvements. State law has also placed limitations around decision making for rezoning cases so that the level of service of a road adjacent or close to a school cannot be considered in the decision making.

 

 

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.