Town of Cary
North Carolina

Rezoning
Referred to Planning & Zoning
Apr 5, 2018 6:30 PM

17-REZ-27 Bainbridge Cary Chapel Hill Road

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Debra Grannan, Planning

 

Executive Summary:  The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning map by rezoning approximately 16.06 acres located at the southwest quadrant of the intersection of Chapel Hill Road and NW Maynard Road from Residential 40 (R-40), Residential 20 (R-20) and Resource/ Recreation (R/R) to Mixed Use District (MXD). There is an associated Preliminary Development Plan (PDP) which proposes a multi-family development with a maximum of 259 units. Through the MXD process, the applicant may propose development standards unique to the subject property.

 

Recommendation: That Council conduct a public hearing on the proposed rezoning request and forward to the Planning and Zoning Board. Staff will provide a recommendation on the rezoning request when the case is brought back to Council for action.

 

Planning and Zoning Board Recommendation: The recommendation will be provided to Town Council following the P&Z Board Meeting.

Body

NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site.  Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan.

 

 

SUBJECT PARCELS

 

Property Owner(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

 

Address

Deeded Acreage

Lotus Investments, LLC

208 Stamford Drive

Cary, NC 27513-8448

 

0754955143

0206620

0 NW Maynard Rd

0.93

0764050654

0073485

0 Chapel Hill Rd

1.59

0764052656

0068037

9205 Chapel Hill Rd

0.21

0764051774

0188840

9209 Chapel Hill Rd

0.34

0754958585

0073490

9251 Chapel Hill Rd

1.92

0754957574

0073488

9257 Chapel Hill Rd

0.96

0754956511

0061168

9263 Chapel Hill Rd

3.1

0754953324

0230541

9271 Chapel Hill Rd

1.99

0754954642

0004480

9277 Chapel Hill Rd

0.66

0754953623

0004481

9291 Chapel Hill Rd

0.89

0754951583

0078153

9281 Chapel Hill Rd

0.98

0754950577

0016892

9311 Chapel Hill Rd

1.15

0754859614

0006975

9321 Chapel Hill Rd

1.34

Total Area

16.06

 

 

BACKGROUND INFORMATION

 

Location

Southwest quadrant of the intersection of Chapel Hill Road and NW Maynard Road

Schedule

Town Council Public Hearing
April 5, 2018

Planning & Zoning Board
TBD

Town Council
 

TBD

Existing Zoning District(s)

Residential 40 (R-40), Residential 20 (R-20) and Resource/ Recreation (R/R), Mixed Use Overlay District (MUOD) which includes approval of a Mixed-Use Sketch Plan (07-MU-08)

Existing Zoning Conditions

There are conditions associated with the Mixed-Use Sketch Plan

Proposed Zoning District(s)

Mixed Use District (MXD)

Proposed Zoning Conditions

As contained on the associated PDP, including, but not limited to:

§         Limiting the use to a maximum of 259 multi-family units

§         Transportation improvements
(discussed in Traffic section below)

§         Proposed Modifications by the applicant:

o       Removal of 14 champion trees

o       Parking reduction (up to 30%)

o       Relief from the requirement for an internal street connection between site driveways on Chapel Hill Road and NW Maynard Road

o       Relief from requirement to relocate all existing above-ground utilities underground

o       Allow for the averaging of streetscape buffers located along Chapel Hill Road and NW Maynard Road.

Town Limits

Yes

Staff Contact

Katie Drye

Senior Planner

katie.drye@townofcary.org

(919) 469-4085

Applicant

Jason Barron, Morningstar Law Group

421 Fayetteville Street, Suite 530

Raleigh, NC 27601

jbarron@morningstarlawgroup.com

Property Owner

Lotus Investments, LLC

208 Stamford Drive

Cary, NC 27513-8448

 

Background and SUMMARY OF REQUEST

 

The applicant is requesting to rezone 13 properties totaling 16.06 acres located at the intersection of Chapel Hill Road and NW Maynard Road. The properties are currently zoned Residential 40 (R-40), Residential 20 (R-20) and Resource/Recreation (R/R) and are in the Mixed Use Overlay District (MUOD).

 

The site formerly contained large lot single-family homes, which were demolished in 2011.  The Mixed Use Overlay district includes an approved Mixed-Use Sketch Plan (case number 07-MU-08 Maynard Village- see attachment to staff report) which permits retail, office and residential uses. The Town’s Land Development Ordinance (LDO) provides that property within a MUOD and within the Commercial Center development category in the Shape Chapter of the Imagine Cary Community Plan may be developed in accordance with the existing base zoning (in this case R-40, R-20 and RR), with the approved Mixed-Use Sketch Plan, or by requesting a rezoning to a general use or conditional use zoning district or rezoning to the MXD district. In this case, the applicant is proposing to develop by rezoning to MXD with an associated Preliminary Development Plan. If the rezoning request to MXD is approved, the existing approved Mixed-Use Sketch Plan would be null and void.

 

The current development propoal seeks to permit a multi-family development with a maximum of 259 dwellings (approximately 16 dwellings per acre). The proposed plan is included as an attachment to the staff report as well as included below. 

 

Development Proposal (pictured below)

 

Adjacent Uses and Zoning:


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

 

SUMMARY OF PROCESS AND ACTIONS TO DATE 

 

Notification
Notice of the public hearing on the proposed rezoning was mailed to property owners within 800 feet of the subject property, published on the Town’s website and posted on the subject property.

 

Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on Wednesday, October 4, 2017.  According to the information provided by the applicant, approximately three (3) people attended the meeting.  Two of the attendees were representatives of the North Carolina Railroad Company. They expressed their interest in reviewing the PDP and subsequent site plan due to the site’s proximity to the adjacent railroad. There were also specific questions regarding the development standards and the site design, as summarized in the attached meeting minutes submitted by the applicant.

 

IMAGINE CARY COMMUNITY PLAN CONFORMANCE AND ANALYSIS

 

The 2040 Imagine Cary Community Plan (CCP) is the comprehensive plan for the Town of Cary, adopted on January 24, 2017.  This report section identifies policies and elements of the Community Plan that are relevant to this rezoning case, and provides an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.

 

Attached is a complete listing of each policy statement in the 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 applicable to this case and has provided an analysis of those policies below.

 

LIVE Policies (Cary Community Plan, Chapter 2)

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

Relevant Live Policies:

Provide More Housing Choices for All Residents (Policy 2)

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

Encourage and Support the Provision of Affordable Dwellings (Policy 6)

 

Staff Observations Regarding Conformance with the LIVE policies:

 

Policy 2.

This policy focuses on expanding housing choices town-wide, to meet the needs of a wide range of household sizes, types, and market preferences.  Consideration of Policy 2 and its Intent text (page 23, Chapter 2) in the context of the subject rezoning, reveals two distinct policy aspects that apply to this case: 

 

1.      The extent to which the request increases town-wide housing choices to meet changing population needs;

2.      The extent to which the site’s location is supported by guidance for millennial/smaller household housing types and for employment accessible housing options by the relevant policies outlined in the Cary Community Plan 

 

If we consider the relevant policy considerations in turn:

 

1.  Improving Housing Choices Town-wide.

The rezoning proposal seeks to add multi-family housing choices. A key objective of the LIVE guidance notes that: 

 

Another objective is to encourage an adequate supply of housing for young adults/millennials and young families. This might include smaller homes, multifamily housing, townhome, patio home, small lot, mixed use housing, or other housing options. Housing options should include a variety of price points as well to accommodate young professionals and first-time homebuyers. These should be located at locations that are walkable to shopping, dining, entertainment, and employment, and/or are convenient to transit.”

 

When reviewed against the intent of the above policy, this rezoning request appears to conform to the overall goal of meeting the increasing demand from a smaller household demographic for housing which is more compact in size, closer to public transportation routes, and is located in a mixed use or denser urban form. The site also benefits from reasonable proximity to a number of major retail and entertainment options and is directly accessible to multiple employment centers through multi-modal transportation options. 

In addition, the lack of an age restriction in the proposed zoning conditions further supports this intent as does the housing mix proposed by the developer. Conversely, the immediate site vicinity does not currently display the full range of mixed use characteristics due to the limited retail and entertainment venues directly adjacent to the site. Additionally, there is no indication in the applicant’s submission that there will be any form of non-residential use located on the site to support the mixed use intent of the locational policy.

 

2.  Locational Guidance for Other/Alternative Housing Types.

The Policy Intent also provides guidance on a number of specific housing types, in particular smaller non-senior households:

 

“At the other end of the age spectrum, another objective is to encourage an adequate supply of housing for young adults/millennials and young families. This might include smaller homes, multifamily housing, townhome, patio home, small lot, mixed use housing, or other housing options...

“These should be located at locations that are walkable to shopping, dining, entertainment, and employment, and/or are convenient to transit. The provision of such housing will help support the recruitment of young talent sought by Cary’s leading employers...”

 

These intent statements indicate that the site is very well situated as a location for housing for younger households and employees from the nearby employment hubs at both the Weston and RTP campuses and to a lesser degree at the RDU international airport. The site is also convenient to the mixed use centers located at Park West and Harrison Avenue, and downtown Cary employment. All of these are accessible via existing or proposed fixed transit routes or direct thoroughfare routes (HWY 54 & NW Maynard Rd).

 

Proximity to services and amenities.

There are limited retail, restaurant, and commercial services immediately adjacent to the proposed site; however, pedestrian access to the Lowes (home improvement) plaza directly opposite would involve walking across Maynard Road which at that location is a six (6) lane non-median divided highway.  Three retail and mixed use centers (Maynard Crossing, Park West Village & Harrison Pointe) with the full range of services and amenities are located within 2 miles and are directly accessible by public transit services.

 

In summary, the site has good non-pedestrian proximity to retail, entertainment, services, and amenities which, in aggregate and despite its pedestrian access challenges, make this site a good choice for transit orientated multi-family housing of the type proposed.

 

Proximity to transit routes

 

Policy 3.

This policy focuses on providing a variety of housing options within the new neighborhoods that are developing in Cary’s growth areas, such as where the site is located. 

The Policy Intent states:

 

“The objective of this policy is to encourage a mix of housing types within neighborhoods … This will help enable Cary’s households to grow and age within their own neighborhoods by providing opportunities to change housing types while maintaining their neighborhood ties and social networks.”

 

While there has been an increase in the production of more compact accommodation in recent housing developments in Cary, many of them, including those in the development pipeline, propose some form of age restriction. However, multifamily housing products of this type are also particularly attractive to an increasing younger small household demographic This project, by not proposing age restrictions, will benefit from being available to a wider working age population.

 

Policy 6.

Encourage and support the provision of affordable dwellings

While multi-family housing typically tends to be more affordable than single-family, the rezoning application itself does not contain any indication that future housing rents or prices in the development will differ from the market rates for the type of multi-family housing ultimately constructed.

 

WORK Policies (Cary Community Plan, Chapter 3)

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 

Grow a Sustainable and Diversifying Workforce (Policy 1)

Enhance Locational Appeal to Businesses and Workers (Policy 2)

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

 

Staff Observations Regarding Conformance with WORK policies:

 

Policy 1 and Policy 2 with respect to housing. 

The intent of these policies is to promote locational appeal to new businesses “by supporting the development of a range of housing options and urban mixed use environments that are attractive to the millennial workforce” and that are accessible to employment locations.

 

Policy 8 with respect to employment locations.  

The intent of this policy is to support the long-term provision of development sites identified for future office or Business Park uses. In particular, the Future Growth Framework Map identifies the site as a future commercial center and it was envisaged historically that the area would be redeveloped as part of a predominantly retail and commercial/office activity center, a typical use for this type of intersection at two major thoroughfares.  The subject site also exhibits many of the locational characteristics that would support future office or commercial development; it enjoys good transportation links, good visibility, and is located adjacent to existing developed commercial areas.

 

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)

Incorporate best management and planning practices to ensure quality services and efficient use of resources. (Goal 9)

 

According to the Parks, Recreation and Cultural Resources (PRCR) Facilities Master Plan:

 

Parcel proximity to parks and greenways:

§         There is proposed street side trail on Chapel Hill Road. The street side trail alignment is located on the north side of the road, opposite of the site. 

§         There is proposed street side trail on Allen Lewis Drive, directly north of the site.

§         There is existing street side trail on Maynard Road. The street side trail alignment is located on the east side of the road, opposite of the site. This street side trail is part of the Black Creek Greenway.

§         Site design should consider access to these existing and/or proposed facilities a priority, with access likely occurring at the Maynard Road and Chapel Hill Road intersection. 

§         The Lexie Lane Greenway is proposed to extend on the south side of the Norfolk Southern Railroad corridor that is adjacent to the site. Access to this corridor is not feasible from the site.

§         No other greenway corridors are proposed within or adjacent to the site.

§         The Parks, Recreation and Cultural Resources (PRCR) Master Plan does not identify any future park within or adjacent to the site. Robert Godbold Park is the nearest facility at 0.35 miles away.

 

 

ENGAGE: GOALS FROM THE HISTORIC PRESERVATION MASTER PLAN

 

The Town’s ENGAGE policies reflect the goals of the previously-adopted Historic Preservation Master Plan

 

HPMP Goal 2:  Preserve, Protect and Maintain Cary’s Historic Resources

 

NancyJones-Front&WestSideStaff Observations: 

There are no documented historic structures on the subject property, but the property does share its western property line with the parcel containing the c. 1803 Nancy Jones House, the oldest house in Cary and an important stagecoach stop and tavern during the antebellum and Civil War years. In order to make a visual transition between the proposed development and the neighboring historic property, a substantial natural buffer along the western property line is desirable. Any internal road connections made between the subject site and the neighboring Nancy Jones House parcel should take into consideration the location of the historic house. The applicant has not offered a zoning condition to increase the buffer adjacent to the Nancy Jones House, but has proposed to retain several champion trees adjacent to the property line.
 

 

 

chapter 6, shape - Policies and Future Growth Framework

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

Encourage Mixed Use Development (Policy 3)

Provide Appropriate Transitions Between Land Uses (Policy 6)

 

Staff Observations:

Policy 3. The Community Plan encourages mixed use development, and the inclusion of multifamily housing at this location would increase the overall mix of uses on the east side of NW Maynard Rd in keeping with the overall intent of the growth framework designation for this area. However, as has been noted, other uses such as office or ground floor retail within the site could also be used to enhance the limited mix of amenities within the subject parcel and provide a richer mixed-use environment for the larger area. 

 

Where a mix of uses is provided, part of the intent is to create a compact, walkable environment within the mixed-use area.  In this particular case walkability could also be enhanced by limiting the use of surface parking which would allow more flexibility in the site configuration and in particular may lead to an improved interior circulation and limit somewhat the removal of champion trees from the site. The proposed rezoning does include a condition that seeks a reduction in parking standards and this would be an opportunity to introduce some structured or “table top” parking as an alternative to the sole use of surface parking.

 

Policy 6. In overall terms, the proposed use could be considered a form transition. Multifamily housing facing the Lowes retail plaza and adjacent to developed parcels occupied by a mix of institutional, retail, and commercial uses will form an appropriate transition through form and scale and massing. In addition, the site is bounded on three sides by the CSX railroad line, NW Maynard Rd, and HWY 54. However, to the west the site is bounded by the Nancy Jones house, one of the Towns most significant historical homes. The current layout indicates that a stormwater control structure will be sited along the western property line and due to the topography, will be formed using stepped retaining walls.

 

shape Future Growth Framework

The Future Growth Framework [Map] in Chapter 6, SHAPE, sets forth the broad geographic development framework for the Town, effectively constituting the town’s geographic development policy.

The subject site is part of an area defined as Commercial Center on Cary’s Future Growth Framework Map (see Chapter 6, pp. 93, 104).  The inset map below depicts the Future Growth Framework Map within the vicinity of the subject site.

Commercial Centers are defined as having – at a minimum -- a shopping center of about 5-10 acres or more, anchored by a supermarket or equivalent. Commercial Centers may also have residential, office, or institutional uses incorporated into the center, although that is optional. Residential, office, or institutional uses may be mixed either vertically within multi-story buildings, or horizontally on adjacent sites.  Commercial centers are typically located at major street intersections and are designed to maximize convenience by providing daily retail and services needs within a convenient distance of about ½ to 1 mile of homes.

 

Staff Observations:

Use of the site for multi-family housing is generally consistent with the definition of the Commercial Center development category. However, the exclusively residential nature of the proposed use, namely 259 multi-family units, and the lack of any type of additional on-site retail options and amenities, should also be considered jointly with the relevant LIVE and WORK polices.

 

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

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. 

 

Move Policy 3:  Design Transportation Infrastructure to Address Land Use Context

Chapel Hill Rd

Existing Cross Section:  Heading eastbound, the roadway transitions from a 2-lane roadway to a 4-lane divided roadway as motorists approach Maynard RdLimited sidewalk exists along the project’s frontage.  The right-of-way varies along the Chapel Hill Rd, starting with 60’ of right-of-way at the property’s west border and increasing to 125’ of right-of-way at Maynard Rd.

 

Future Cross Section:

§         Road:  6-lane median divided roadway with 130’ of right-of-way.   

§         Sidewalks:  5-foot sidewalk on the south side of road and 10-foot street-side trail on the north side  

§         Bicycle Lanes:  14-foot-wide outside lane in both directions

 

NW Maynard Rd

Existing Cross Section:   4-lane divided roadway with wide outside lanes to accommodate cyclists.  The Black Creek Greenway is located on the south side of the road.  The right-of-way varies along the property’s frontage, starting with 90’ of right-of-way at the RR corridor and increasing to 120’ of right-of-way at Chapel Hill Rd.  As northbound vehicles approach the intersection, the road widens providing turn lanes and a 3rd northbound through lane.  North of Chapel Hill Rd, Maynard Rd widens to a 6-lane divided roadway.

 

Future Cross Section:

§         Road:  4-lane median divided roadway with minimum 105’ of right-of-way. The travel lanes are built-out consistent with the Imagine Cary Plan, however additional right-of-way dedication is necessary to meet Town standards, to accommodate pedestrian facilities and facilitate general maintenance

§         Sidewalks:  5-foot sidewalk on the north side of road and 10-foot street-side trail on the south side  

§         Bicycle Lanes:  14-foot-wide outside lane in both directions 

 

Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects: 

§         Chapel Hill Rd widening to a 6-lane divided roadway from NW Maynard Rd to Morrisville ETJ with construction anticipated to begin in FY 2027,

§         Chapel Hill Rd widening to a 4-lane divided roadway from N Academy to NW Maynard Rd with construction anticipated to begin in FY2025.  

 

Transit: GoCary Route 2 serves NW Maynard Road along the southern edge of this property. 

 

Notes: 1) Streets in Cary are typically constructed or widened in increments, with developers completing the half-width section along their frontage when the property is developed. 

2) Construction of other off-site improvements may be voluntarily offered as zoning conditions by applicants for rezoning cases.  3) NCDOT may require additional off-site improvements.

 

 

Proposed Development Standards

 

The applicant proposes certain development standards related to parking, streetscapes, champion trees, and street networks.  While these may deviate from those typically found in Cary’s Land Development Ordinance (LDO), a Preliminary Development Plan in a mixed use overlay district allows flexibility for applicants to request different standards.

 

The subject property is located within a Commercial Center, and is therefore eligible, through the Mixed Use District rezoning and PDP process, for the applicant to propose modifications and standards unique to the subject property.

 

Below is a summary of the proposed development standards in comparison to the applicable LDO standards.  A detailed list, which includes maps showing various site features and the applicant’s justifications, is contained on the cover sheet and supplemental pages of the PDP and is attached to this report.

 

 

Topic

Summary of Requested Modification

 

1

Section 7.2.5

The applicant is requesting removal of up to fourteen (14) champion trees located within the project and one (1) champion tree within the right-of-way

 

2

Section 7.8.2

The applicant is requesting a reduction in required parking up to 30%

 

3

Section 7.10.3(A)(2)(a)

The applicant is requesting relief from the requirement for an internal street connection between site driveway #1 and site driveway #2

 

4

Section 7.10.3(B)(1)

The applicant is requesting relief from the requirement to provide vehicular connection to the adjacent parcel to the west of the project

 

5

Section 8.1.4(E)

The applicant is requesting relief from the requirement to relocate all existing above-ground utilities underground.

 

6

Section 7.2.4(C) and 7.2.10(4)

The applicant is requesting that averaging be allowed for the streetscape buffers located along NC 54 and NW Maynard Road

 

 

Staff Observations of Modifications

 

1.      Section 7.2.5 The applicant is requesting removal of up to fourteen (14) champion trees located within the project and one (1) champion tree within the right-of-way

 

Applicant’s justification:  There are a total of twenty-three (23) champion trees in and around the site, nine (9) of which are being preserved as part of the development.  The abundance of champion trees located on the subject property is due to the previous use as developed single-family lots.  The property appears to have been selectively cleared during construction of the homes, with the remaining trees having plenty of room to grow due to the lack of surrounding vegetation.  A typical wooded parcel of this size would have fewer champion trees due to the proximity of mature trees limiting each other’s growth.  Put another way, because this is a redevelopment of existing lots, rather than a greenfield development, the site contains more champion trees than is typical.  Thus, the nature of the property results in an excess of champion trees that are spaced evenly throughout the land.  Seven (7) champion trees are located near the center of the property.  The knoll in this area must be graded to allow for development in the middle of the property, so trees in this area cannot be avoided without the resulting density being reduced to untenable levels inconsistent with the recommendations of the Cary Community Plan.  Three (3) champion trees are located proximate to Site Driveway #1, which cannot be shifted due to the requirement to line up with the opposing Allen Lewis Drive.  It is impossible to widen NC54 and construct this driveway without impacting these trees.   Two (2) champion trees located in the northeast corner of the property inhibit internal connectivity and limit grading in a manner that will restrict redevelopment over 25% of the site.  One (1) champion tree is in the vicinity of the public art/pedestrian amenity feature, and though we will make an effort to preserve this tree, this may not be possible due to the grading required to make this feature accessible from both the project side and the public right-of-way.  One (1) champion tree on the west side of the site also will be impacted due to the site topography being excessive in the area where the streetscape transitions to SCM #2.

 

The nature of the proposed multi-family development requires ample vehicular circulation and connectivity and ADA-compliant pedestrian connectivity.  These requirements drive the proposed grading such that there isn’t much opportunity to vary proposed elevations to match the existing ground elevation on hilly sites such as this.  Thus, designing an economically-viable development while still preserving internal champion trees and meeting the Town of Cary LDO and other applicable regulations is not possible.

 

There will be nine (9) champion trees within and directly adjacent to the development that will be preserved.  Also, the applicant and the design team will explore opportunities to preserve other champion trees identified above during the Development Plan process.

 

Based upon the existing site constraints, including the proposed use of the property and the environmental features, the applicant submits that the requested modification is the least deviation required to make compliance practicable.

 

Staff Analysis: Based on the information provided, staff believes that adjustments to the proposed layout of the site could preserve at least two (2) of the trees proposed for removal and provide the applicant with a desirable unit output. The other trees proposed for removal are either too greatly impacted by required improvements or would severely restrict the developable area of the site if preserved.

 

 

2.      Section 7.8.2 The applicant is requesting a reduction in required parking up to 30%

 

Applicant’s justification:  The applicant is requesting a parking reduction up to 30% from what is prescribed in the Town of Cary LDO. Based upon the amount of functional parking required for multi-family developments and in relation to the requirements of other local municipalities, the Town’s parking requirements for multi-family developments are excessive. Construction of excess parking that will be rarely used in not in the interest of the applicant nor the Town. Many multi-family developments within the Town of Cary that have been built or are under construction have obtained similar parking reductions. These include:

 

Meridian at Harrison Pointe (complete): 24% reduction

Alston Village (under construction): 23% reduction

Ovation at Weston (under construction): +30% reduction

Hawthorne at Parkside (starting construction): 29.9% reduction

Hillstone at Alston Town Center (approved): 30% reduction

 

The developments listed above are similar in size and nature to Bainbridge Cary and target a similar market demographic (single millennials and empty nesters). The above developments are also products of four (4) different development groups. This would indicate that the market demands much less parking than what the Town of Cary requires. The applicant submits that the parking reduction is warranted based upon the actual demand for parking for the intended use of the property as a multifamily community.

 

Staff Analysis:

Staff believes the intent of the LDO can be achieved if this request is granted, particularly as it pertains to ensuring the proper and uniform development of parking areas throughout the Town. As is evident from the applicant’s submitted justification, similar requests to modify the required parking standards for multifamily development have been approved throughout the Town. The timing of those requests would suggest a development trend indicating that fewer spaces are needed for multifamily development than the Town currently requires.

 

3.      Section 7.10.3(A)(2)(a) The applicant is requesting relief from the requirement for an internal street connection between site driveway #1 and site driveway #2
 

Applicant’s justification:  On developments larger than 5 acres, the Town of Cary LDO requires an internal “street” connection between all access points on public thoroughfares and collectors. Due to the nature of this development, an internal street connection does not provide any tangible benefit to this or any other development, and in fact, is detrimental to the project. At build-out, the project will consist of 259 multi-family units that will likely house upwards of 500 residents. The internal vehicular network has been designed to provide ample access to all the buildings, amenities, and surrounding parking, as well as provisions for emergency vehicle access and circulation. However, as the property is rather compact, most residents will elect to walk from their building to the various amenities located within the development. As such, an internal street extending through the project will act as an internal barrier for inter-project travel, while providing no real efficiency for vehicular travel due to the short distances involved. Furthermore, an internal street will encourage motorists traveling eastbound on NC54 to use the development as a shortcut to access southbound NW Maynard Road. This condition will degrade pedestrian safety within the development and is not desirable. The internal drive aisle network has enough 90-degree parking and horizontal discontinuity to dissuade shortcut traffic.

 

Staff Analysis:

Staff believes the intent of the LDO is still achieved if this request is granted. While this requirement may be appropriate for true mixed-use or commercial developments, multifamily residential developments are not always well served by streets directly linking multiple thoroughfares. Based on site characteristics, the required street would break up the development and encourage cut-through traffic to avoid the intersection. This creates safety concerns for pedestrians and will diminish the sense of community within the development.


 

 

4.      Section 7.10.3(B)(1) The applicant is requesting relief from the requirement to provide vehicular connection to the adjacent parcel to the west of the project

 

Applicant’s justification:  There are several factors that justify not extending a vehicular connection to the property abutting the west property line (9391 Chapel Hill Road).  They are:

 

§         The adjacent parcel has ample means to access NC54.  Once developed, the parcel main driveway would likely be located opposite Woodland Drive, and would be a full-movement intersection similar in nature to the Bainbridge driveway.  Also, the adjacent parcel will interconnect with the Sree[sic] Venkateswara Temple (same owner) on the west side.  The Temple is served by an existing driveway and has further interconnection opportunities to the west at Rexburg Drive within the newly constructed Park West Townes.

 

§         Providing access from the west through Bainbridge Cary is not beneficial to patrons of the Temple as travel through the development will be circuitous and at a very slow speed.  Given the unlikelihood of NCDOT ever approving a signal at Site Driveway #1, there is absolutely no advantage to traveling through the development to access westbound NC54.  Motorists traveling to Maynard Road will find that eastbound NC54 provides much quicker access than driving through the project.

 

§         Providing access from the west through Bainbridge Cary is not conducive to a pedestrian-friendly community, as the additional through traffic would impact the safety of the residents.

 

§         Emergency vehicle access to Bainbridge Cary or to any of the properties to the west is not impaired by the lack of a connection, as Bainbridge has a full-movement intersection at NC54 and another access point at Maynard.  The adjacent properties have multiple connection points to NC54 providing much more direct access than through the project.

 

§         There are topographic constraints that make the connection to the west onerous.  The finish floor elevation of Buildings 1 and 2 is dictated by a connection to sanitary sewer that outfalls east.  This results in having to overcome a +/-20-foot elevation differential to connect a street to the western property.  While the connection is still feasible, the necessary grading would result in the removal of the two largest champion trees within the property, additional retaining walls along the south of the SCM, and a major impact to the western boundary buffer.  This visual impact to the adjacent property will greatly offset any perceived benefit of having the vehicular connection.

 

§         There are also horizontal constraints that limit the effectiveness of the connection and magnify its impact to the buffer.  The west boundary line is only 271.46 feet long.  This will be reduced even further once additional NC54 right-of-way has been dedicated.  Given the proximity to NC54, there is no benefit to an internal, parallel connection to the east given that motorists can elect to drive the short distance to NC54 within the western parcel rather than drive through the Bainbridge development.  Subtracting the 30-foot boundary buffer and the 50-foot street scape buffer, there is less than 200-feet of Type-A buffer along the west parcel.  A connection would eliminate at least 25% of this buffer, which would greatly impact the sense of separation between the developments for which the buffer is intended to impart.

 

§         Finally, the parcel directly abutting the is an individually-listed property that is on the National Register of Historic Places.  The property is known as the “Nancy Jones House”.  While redevelopment of this property is not prohibited, the preservation of an ample, continuous buffer imparting transition between the uses is much more desirable and beneficial than the disruption caused by forcing a street connection that will be seldom used. 

 

Staff Analysis:

Weighing the site’s topographical challenges – and the visual and buffer impacts as they relate to the adjacent property – against the potential benefits of a vehicular connection, staff believes that the intent of the ordinance can be achieved if this request is granted. The applicant’s analysis as it pertains to access (of their site as well as the adjacent property to the west) and the flow of traffic is reasonable. Additionally, while there has been speculation as to the development potential of the property containing the Nancy Jones House, staff cannot predict how the property will or will not be developed in the future. Further, as mentioned in the above justification for not providing a street network connecting Chapel Hill Road and NW Maynard Road, a vehicular connection to the west could create safety concerns when the connection is completed.

 

A pedestrian and bicycle connection would still be required to the adjacent property, in accordance with the LDO standards for connectivity. This fulfills the intent of the ordinance to create a highly connected transportation network without creating undesirable and unnecessary traffic problems, while encouraging the use of alternative means of transportation and fostering a safe environment for pedestrians within the site.
 

5.      Section 8.1.4(E) The applicant is requesting relief from the requirement to relocate all existing above-ground utilities underground
 

Applicant’s justification:              In conjunction with the widening of NC54 associated with the Raleigh Chinese Christian Church project, overhead power lines have been relocated at the north (opposite) side of the road. There are two (2) “drop” poles located on the project side of the road frontage that could be construed as subject to this requirement. While staff has advised that the drop poles are not subject to the LDO, to be conservative, the applicant is still requesting relief to be sure that there is no ambiguity during Development Plan review.

 

Also, in conjunction with the relation of power lines and the abandonment of the single-family homes within the project limits, there are overhead communications lines that remain along a portion of the NC 54 frontage. While these lines will likely have to be relocated to facilitate the applicant’s widening of NC 54, an underground placement will incur substantial cost for limited benefit. In addition, it is not feasible to locate these lines on the poles running along the north side of NC 54, as those poles are not tall enough to achieve adequate clearance from the power lines and sufficient vertical clearance at the driveways. As such, the applicant is requesting the ability to retain the existing overhead communications lines or relocate those lines to a new overhead alignment along the project NC 54 frontage.

 

Staff Analysis:

Staff has not verified with utility providers whether relocating the existing communications lines to the north side of the road is feasible. However, the frontage along Chapel Hill Road containing these lines is extensive, and – according to the applicant’s own justification – the lines may eventually be relocated to accommodate the widening of Chapel Hill Road. If the lines must be relocated, staff finds no prohibitive site constraint that would necessitate the lines staying above-ground.

 

6.      Section 7.2.4(C) and 7.2.10(4) The applicant is requesting that averaging be allowed for the streetscape buffers located along NC 54 and NW Maynard Road

 

Staff Analysis:


Staff believes the intent of the LDO can be achieved if this request is granted. The Preliminary Development Plan shows that there is more than enough area within the site to accommodate this request.

 

Streetscapes and Buffers:

According to Chapter 7 of the LDO a 50-foot type A streetscape is required adjacent to Chapel Hill Road and NW Maynard Road. The applicant has requested streetscape averaging (as discussed above) along both Chapel Hill Road and NW Maynard Road. A 40-foot Type A buffer will be required along the western property line.

 

Density and Dimensional Standards

 

 

Proposed Zoning District

Mixed Use District (MXD)

 

Max. Gross Density

16 dwellings per acre

Min. Lot Size

N/A

Minimum Lot Width

N/A

Roadway Setback

50-foot Streetscape

Side Yard Setback 1

(West)

40-foot Type A Buffer

Maximum Building Height

35-feet

Height may be increased one foot for every foot provided in addition to the min. setbacks

 

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 residential use required a traffic study. A final Draft Traffic Analysis Report (17-TAR-427) was prepared by the Town’s on-call traffic engineering consultant Randy Kemp & Associates, Inc., dated September 2017.  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):

 

§         Multi-family development which is expected to consist of 259 units

 

Access to the site will be provided via one (1) full movement driveway on Chapel Hill Road and one (1) right-in/right-out (RIRO) driveway on NW Maynard Road.

 

Land Use

Weekday Traffic

AM Peak Hour (vehicles/hour)

PM Peak Hour

(vehicles/hour)

Apartments (Land Use Code 220)

1,700

131

160

 

Intersections Studied

The traffic study evaluated a total of 17 intersections within one (1) mile of the site boundary per LDO standards. The 17 intersections also include the proposed site entrances. A list of these intersections is included in the Executive Summary of the traffic analysis report (TAR), which is included in the attachments to the staff report.

 

The study analyzed weekday AM and PM peak hour traffic for existing (2017), background

(2022), and combined (2022) conditions. An additional combined (2022) with improvements analysis scenario was included where improvements were needed to meet Town LDO guidelines.

 

For Background Traffic Conditions, there were five (5) 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.

§         14-SP-054-A Raleigh Chinese Christian Church – Cary, NC

§         13-TAR-376 (14-SB-025) Harrison Bluffs Townhomes – Cary, NC

§         The Station – Kimley-Horn and Associates, Inc. (December 2015) – (located west of Bristol Creek Parkway and adjacent to the Bristol apartment complex) Morrisville, NC

§         Wilson Place and Sheldon Park – (along Wilson Road off of Chapel Hill Road) Morrisville, NC

§         Panera at Park West Village (southwest quadrant of the intersection of Cary Parkway and Chapel Hill Road)– Morrisville, NC

 

The Executive Summary of the TAR 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 that have been approved, but not yet constructed in the area. 

 

Required Improvements by Adjacent Developments

 

Raleigh Chinese Christian Church (14-SP-054-A)

The following frontage improvements on Chapel Hill Road (NC 54) are required to be completed by Raleigh Chinese Christian Church (14-SP-054-A) per their approved development plan:

 

Chapel Hill Road [E-W] and Allen Lewis Drive [S]

§         Construct the southbound approach (Allen Lewis Drive) with one ingress lane and two egress lanes. Stripe the egress lanes as a shared left-turn/through lane and an exclusive right-turn lane with 75 feet of storage and appropriate taper.

§         Provide stop control for the southbound approach.

§         Construct an exclusive eastbound left-turn lane with 100 feet of storage and appropriate taper.

§         Construct an additional westbound through lane along the frontage of the property, per the Town’s Comprehensive Transportation Plan.

§         Construct an exclusive westbound right-turn lane with 200 feet of storage and appropriate taper.

 

Improvements Under Design by Town of Cary

 

The following intersections are currently under design for installation of a traffic signal by the Town of Cary:

§         NW Maynard Road and Olde Weatherstone Way

§         NW Cary Parkway and Olde Weatherstone Way

 

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). The applicant’s justification dated October 26, 2017 for certain improvements that have not been committed to is included in the staff report attachments.

 

 

ROAD AND INTERSECTION IMPROVEMENTS

ü Improvement offered as a zoning condition

X   Improvement not offered as a zoning condition

Improvement not offered; justification provided

1.       NW Maynard Road [E-W] and Northwoods Drive / Sudbury Drive [N-S]

ü

Restripe the northbound approach (Northwoods Drive) to provide a shared left-turn/through lane and an exclusive right-turn lane with a minimum of 50 feet of storage and appropriate taper.

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.

 

Staff Analysis:

The applicant’s justification indicated their site traffic constitutes 1.5% of the total traffic at this intersection with none of the site traffic using minor street approaches. Their summary of the signal warrant analysis also indicates a signal would not be warranted even during the peak hours. Staff concurs with applicant’s reasoning with regards to their site traffic percentage and signal warrant analysis.

2.       NW Cary Parkway [N-S] and Chapel Hill Road [E-W]

Construct an exclusive northbound right-turn lane with a minimum of 200 feet of storage and appropriate taper.

Restripe the northbound approach (NW Cary Parkway) to provide exclusive dual left turn lanes, two through lanes, and an exclusive right-turn lane.

 

Staff Analysis:

The applicant’s justification indicated their site traffic constitutes 5% of the total traffic at this intersection; 8% of the site trips (2 AM trips and 8 PM trips) are expected to make the northbound right-turn movement. The overall intersection is not projected to improve significantly with the recommended improvement but does meet the LDO requirements. The applicant also indicated constructability challenges for the recommended northbound right-turn lane without impacting adjacent businesses and obtaining additional right-of-way. Due to the minimal amount of site traffic expected to utilize the northbound right-turn lane and the constructability challenges, staff concurs with applicant’s reasoning.

3.       NW Cary Parkway [E-W] and Sheldon Drive [S]

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.

 

Staff Analysis:

The applicant’s justification indicated their site traffic constitutes 1% of the total traffic at this intersection with none of the site traffic projected to use the Fairbanks Road approach. Their summary of the signal warrant analysis also indicates a signal would not be warranted even during the peak hours. Staff concurs with applicant’s reasoning with regards to their site traffic percentage and signal warrant analysis.

 

The Town is considering installation of a traffic signal at the nearby intersection of Weston Parkway and Sheldon Drive. The applicant for rezoning case 16-REZ-32, Silverton PDD Amendment (Waltonwood) has offered to install a signal at another nearby intersection of Cary Parkway and Winfair Drive (if warranted). If these signals were installed there may be additional gaps in traffic on Cary Parkway to help the turning movements in and out of Sheldon Drive.

 

The existing traffic counts as well as the 2022 forecasts in the TAR indicate a significant volume of traffic using Sheldon Drive between Cary Parkway and Weston Parkway. If peak hour traffic on Cary Parkway continues to increase considerably in the next few years, and the intersection (of Cary Parkway and Sheldon Drive) meets appropriate warrants, a signal may be considered by the Town at this intersection.

 

4.       Chapel Hill Road [E-W] and Fairbanks Road [S]

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.

 

Staff Analysis:

The applicant’s justification indicated their site traffic constitutes 2% of the total traffic at this intersection with none of the site traffic projected to use the Fairbanks Road approach. Their summary of the signal warrant analysis also indicates a signal would not be warranted even during the peak hours. Staff concurs with applicant’s reasoning with regards to their site traffic percentage and signal warrant analysis.

 

5.       Chapel Hill Road [E-W] and Allen Lewis Drive / Site Drive 1 [N-S]

ü

Construct the northbound approach (Site Drive 1) with one ingress lane and two egress lanes. Stripe the egress lanes as a shared left-turn/through lane and an exclusive right- turn lane.

 

Provide stop control for the northbound approach.

ü

Construct an exclusive westbound left-turn lane with a minimum of 100 feet of storage and appropriate taper.

ü

 

Restripe the eastbound through lane as a shared through-right-turn lane

 

(Note: This improvement has been committed to through a zoning condition by the applicant.   However, it would have been a requirement of the development plan by the Town and/or NCDOT)

 

6.       NW Maynard Road [N-S] and Site Drive 2 [E] 

ü

Construct the eastbound approach (Site Drive 2) with one ingress lane and one egress lane. Stripe the egress lane as an exclusive right-turn lane. Restrict the access along NW Maynard Road to a right-in/right-out stop-controlled intersection.

 

(Note: This improvement has been committed to through a zoning condition by the applicant as it was a TAR recommendation. However, this improvement would have been a requirement of the development plan by the Town and/or NCDOT due to the proposed access configuration)

 

Provide stop control for the eastbound approach.

ü

Construct an exclusive southbound right-turn lane with a minimum of 50 feet of storage and appropriate taper.

 

(Note: Applicant has committed to 50’ of storage, however, the TAR recommended at least 100’ of storage)

 

Staff Comments Regarding Applicant Offered Improvements

The traffic study (17-TAR-427) has identified several deficiencies at the study intersections listed above as a result of site generated traffic. The applicant has offered to complete some of the above recommended transportation improvements, most of which benefit the proposed development and alleviate the site traffic impacts on Chapel Hill Road and Maynard Road at their entrances.  The applicant proposed improvements as well as the TAR recommended improvements have been discussed with NCDOT. NCDOT concurs with the applicant proposed improvements.

 

Stormwater

The Town of Cary 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 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 transportation 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 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.

 

 

DRAFT ORDINANCE FOR CONSIDERATION

 

 

DRAFT ORDINANCE FOR CONSIDERATION

 

17-REZ-27 Bainbridge Chapel Hill Road Preliminary Development Plan (PDP)

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 20.15 ACRES OWNED BY LOTUS INVESTMENTS, LLC FROM RESIDENTIAL 40 (R-40), RESIDENTIAL 20 (R-20) AND RESOURCE/ RECREATION (R/R), MIXED USE SKETCH PLAN (07-MU-08), AND MIXED USE OVERLAY DISTRICT (MUOD) TO MIXED USE DISTRICT (MXD) SUBJECT TO STANDARDS PROPOSED IN AN ASSOCIATED PRELIMINARY DEVELOPMENT PLAN (PDP). THE EXISTING MIXED USE OVERLAY DISTRICT (MUOD) DESIGNATION WILL REMAIN.

 

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

 

Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:

 

PARCEL & OWNER INFORMATION

 

Property Owner(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

 

Address

Deeded Acreage

Lotus Investments, LLC

208 Stamford Drive

Cary, NC 27513-8448

 

0754955143

0206620

0 NW Maynard Rd

0.93

0764050654

0073485

0 Chapel Hill Rd

1.59

0764052656

0068037

9205 Chapel Hill Rd

0.21

0764051774

0188840

9209 Chapel Hill Rd

0.34

0754958585

0073490

9251 Chapel Hill Rd

1.92

0754957574

0073488

9257 Chapel Hill Rd

0.96

0754956511

0061168

9263 Chapel Hill Rd

3.1

0754953324

0230541

9271 Chapel Hill Rd

1.99

0754954642

0004480

9277 Chapel Hill Rd

0.66

0754953623

0004481

9291 Chapel Hill Rd

0.89

0754951583

0078153

9281 Chapel Hill Rd

0.98

0754950577

0016892

9311 Chapel Hill Rd

1.15

0754859614

0006975

9321 Chapel Hill Rd

1.34

Total Area

16.06

 

Section 2:

That this Property is rezoned from Residential 40 (R-40), Residential 20 (R-20) and Resource/ Recreation (R/R),  and Mixed Use Sketch Plan (case number 07-MU-08 Maynard Village) to Mixed Use District (MXD) subject to all the individualized development conditions set forth in the “Bainbridge Cary Preliminary Development Plan” approved by the Town Council as of this date and to be filed in the Planning Department, 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. 

 

Section 3:

The conditions proposed by the applicant to address conformance of the development and use of the Property to ordinances and officially adopted plans, to address impacts reasonably expected to be generated by the rezoning, and to promote the public health, safety and general welfare, and accepted and approved by the Town are set forth in the “Bainbridge Cary Preliminary Development Plan” approved by the Town Council as of this date and to be filed in the Planning Department.