Town of Cary
North Carolina


17-REZ-29 Twin Lakes PDD Amendment (MU-III North)


Department:Planning & Development ServicesSponsors:

Speaker: Katie Drye, Planning


Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map for approximately 6.33 acres, located at 3624 Davis Drive. The rezoning request is to amend this portion of the previously approved Twin Lakes Planned Development District (PDD) to allow for the development of 200 age-restricted multi-family dwellings on a portion of the MU-III parcel.


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



NOTE: The Planning and Zoning Board should review the request to determine if it is consistent with the Imagine Cary Community Plan. Technical design standards of the Land Development Ordinance are addressed during review of the development plan.


Click on the map to see surrounding development activity.





Property Owner

County Parcel Numbers
(10-digit) (PIN)

Real Estate IDs (REID)



Redus Twin Lakes, LLC

MAC Z3094-065

1 Independent Dr
Suite 615

Jacksonville, FL 32202

0745543962 (portion)

0445564 (portion)

3624 Davis Drive


Total Area






Location of Subject Properties

3624 Davis Drive (across Davis Drive from Holly Creek Road and north of Lake Grove Boulevard)



Town Council
Public Hearing
January 11, 2018

Planning & Zoning Board

February 26, 2018

Town Council



Existing Zoning District(s)

PDD Major (Twin Lakes PDD (Parcel MU-III))

Existing Planned Development District (MU Parcels)

Designated for a mix of uses (shared among the Mixed Use (MU) parcels)

Proposed Zoning District(s)

PDD Major (Twin Lakes (Parcel MU-III North))

Proposed Revisions to Existing Planned Development District
(MU-III North)

Below is summary of some of the key changes to the previously approved PDD. The full description of the proposed revisions are included in the PDD document (attached to the staff report).

§         Use of the property shall be limited to age-restricted housing and associated amenities. The developer of the community shall record with the applicable register of deeds office a declaration of covenants, conditions, and restrictions ("declaration") providing that at least eighty percent (80%) of all occupied units shall have as a resident at least one person age 55 or older (“age restriction"). Prior to applying for any building permits, the owner shall provide to the town an opinion letter from an attorney, licensed to practice in North Carolina, that the age restriction was drafted in a form that the attorney, in his/her exercise of customary professional diligence, would reasonably recognize as compliant with the Fair Housing Act,§42 U.S.C. SEC. 3601, ET SEQ., and the North Carolina State Fair Housing Act, N.C. Gen. Stat. §41a-1, et seq.

§         There shall be a maximum of 200 units.

§         The community gathering space within parcel MU-III North shall be a minimum of 2,000 square feet.

§         The parking ratio shall be 1.3 spaces per unit.

§         When a development plan is submitted for any property adjacent to the parcel currently identified as Wake County PIN 0745449957 (“Adjacent Parcel”), as shown on Exhibit A, no buffer shall be required on the subject property along the property lines of the Adjacent Parcel if the Adjacent Parcel is included in the submitted development plan(s). (See Exhibit A below)

§         Permit removal of the existing trees in the streetscape along Davis Drive. The applicant indicates existing trees are generally smaller pines. Burial of the existing overhead utility lines may also necessitate some disturbance of the streetscape. Replanting of the streetscape would be required.  (see applicant’s justification attachment as well as “Landscape Buffer and Streetscape” section below for more information).

Town Limits


Staff Contact

Katie Drye


Redus Twin Lakes, LLC

Applicant’s Contact

Jamie Schwedler

Exhibit A provided by applicant




Twin Lakes is a Planned Development District (PDD) of more than 200 acres located near the intersection of Davis Drive and Airport Boulevard (as shown on the map). The Twin Lakes PDD includes 14 tracts, nine (9) of which allow for residential development (detached, attached and multi-family uses). The five (5) remaining parcels are designated for mixed use (MU) and share allowances for retail, restaurants, office, multi-family and assisted living facilities.


The applicant is proposing to create a new sub-district using the northern portion of the existing MU-III parcel, which would be called MU-III North. The applicant is proposing to limit the use to a maximum of 200 multi-family dwellings (at least eighty percent (80%) of all occupied units shall have as a resident at least one person age 55 or older).





Twin Lakes Planned Development District (PDD) – Map of the five (5) Mixed Use (MU) parcels


The current Twin Lakes PDD includes a total of five (5) Mixed Use (MU) parcels which are entitled to a shared use allowance and square footage maximums as noted in the table above. The rezoning request would remove “MU-III North” from the shared uses and limit the use to multi-family (age restricted). The remaining MU parcels would continue to have an entitlement to the remaining allotments for uses and square footage maximums.


Twin Lakes Center: Wegman’s Site
The Twin Lakes Center development plan, which includes Wegmans, is currently in review with the Town of Cary. The Twin Lakes Center plan proposes 142,000 SF of retail, 13,000 SF of restaurant, and 2,800 SF of office. This leaves 108,000 SF of retail, 107,200 SF of office and 12,000 sf restaurant, 50 multi-family units and 150 +/- assisted living rooms which could be developed on the remaining MU parcels (see Cary Community Plan Conformance and Analysis section for more information).

Aerial of subject site (highlighted in yellow). The site is currently undeveloped and has an existing cell tower located in the southeastern portion of the property.



sUMMARY OF Process and Actions to Date


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 November 1, 2017. According to the information submitted by the applicant, eight (8) nearby property owners attended the meeting. Questions and concerns expressed at the meeting included questions about the proposed use, density, potential height of buildings, and concerns over the proposed future greenway around the lakes in the PDD. These concerns are summarized in the attached meeting minutes submitted by the applicant.


Town Council Public Hearing (January 11, 2018)

Staff presented an overview of the case followed by the applicant who shared a justification for the request. There were no speakers at the public hearing other than the applicant and the applicant’s representative.


One council member asked for information about the development plan process since the site may be developed crossing into Morrisville’s jurisdiction. Staff confirmed that a development plan can cross jurisdictional boundaries. The development plan would be reviewed by both the Town of Cary and the Town of Morrisville with each municipality reviewing the portion of the overall site that is located within its jurisdiction in accordance with its respective zoning and development regulations.


The council forwarded the case to the Planning and Zoning Board.


Changes Since the Town Council Public Hearing



Attached are the applicant’s responses to the justification questions contained in the application form. Please note that these statements are that of the applicant and do not necessarily represent the views or opinions of the Town of Cary.


site characteristics and context


Existing Zoning: The existing zoning for the site is Planned Development District Major (Twin Lakes PDD). Most of the adjacent sites to the north and east are also part of the Twin Lakes PDD. The properties to the south and across Davis Drive are located in Morrisville’s jurisdiction.


According to the Town of Cary GIS maps, the site is may be impacted by steam buffers along the eastern property line.


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 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 (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

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 townwide, to meet the needs of a wide range of household sizes, types, and market preferences.  Examination of Policy 2 and its Intent text (page 23, Chapter 2) in the context of the subject rezoning, reveals three 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 request conforms to locational guidance for senior housing; 

3.      The extent to which the site’s location conforms to locational guidance for other types of housing. 


We will evaluate each of these three policy considerations in turn, below.


1.  Improving Housing Choices Town-wide.

The rezoning proposal seeks to add multi-family housing choices for seniors.  As noted repeatedly in Chapter 2, LIVE, within the next two decades there will likely be an ever-increasing demand for housing types that will be appropriate for seniors and empty-nesters, as well as for people who have disabilities or special needs.  The Policy Intent states:


“Another objective is to encourage an adequate supply of housing for Cary’s growing senior population, which might include smaller homes, small-lot homes, patio homes, multifamily housing, life care communities…

“This policy also encourages the provision of housing for those who are mobility-challenged, have disabilities, or special needs...”


Clearly, this rezoning request conforms to the overall goal of meeting senior housing demand.  At the same time, however, it is difficult to know which of the types of senior housing mentioned in the Intent text above will be in greatest demand in coming years, and which types might become over- or under-supplied relative to the other. 


While it is likely that the proposed senior housing will be appropriate for mobility-challenged or disabled seniors, the zoning conditions do not specifically address accessibility.  On the other hand, however, the zoning proposal would not improve housing supply for disabled persons who are not yet seniors. 


2.  Locational Guidance for Senior Housing.

The Policy Intent for provides some guidance regarding appropriate locations for senior housing:


“The proximity of such housing to services and amenities is of high importance… 

“Housing for seniors and others who have mobility challenges are encouraged to occur proximate to transit to improve mobility options.”


Therefore, we now examine the site’s location in relation to proximity to transit and services: 


Proximity to transit.  At present, neither GoCary nor GoTriangle provide bus service along Davis Drive.  There is however a long-term goal to provide GoCary service expansion along Davis Drive, perhaps as part of the long-term Wake Transit Initiative.  (See Planned Transit Routes Map, page 242, Chapter 7 of the Cary Community Plan.)  Thus, it may be some time before provision of transit at the site.


Proximity to services and amenities.

There are multiple options for shops and services within close proximity to the site (see map below). However, access to the future Wegmans and existing Walmart Neighborhood Market (located in Morrisville Market Shopping Center south of Morrisville Carpenter Road) can involve walks of up to about ½ mile for some residents, as well as pedestrian navigation of the Wegmans parking lot.  Also, access to either Food Lion (located in Bethany Village south of the site on Davis Drive) or Walmart Market entails crossing a major thoroughfare. 


























3.  Locational Guidance for Other/Alternative Housing Types.

The Policy Intent also provides guidance for other types of housing, in addition to senior housing: 


“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 also extremely well situated for housing for younger households and active employees – especially given the site’s location close to RTP, on a direct route via Davis Drive.  Proximity to all the shopping, services, and amenities that were previously noted also make this site ideal for such workers and families. 


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.”


Over time, the provision of senior housing at this location could provide an opportunity for nearby Twin Lakes and Carpenter residents to remain within their neighborhood area as they age. At the same time, multifamily housing products that could be highly desirable to seniors and empty-nesters don’t necessarily need to be age-restricted, and might benefit from being available to a wider range of ages. 


Within a ½ mile of the subject site, the housing supply in Cary and Morrisville within this area so far consists of:


Type of Dwelling

No. of Units

% of Total

Single Family Detached






Multifamily apartments


(128 apts., 16 condos)


Total Dwellings within ½ mi.




Policy 6.

This policy concerns housing affordability.  While multi-family housing tends to be more affordable than single-family, the rezoning application does not contain any indication that future housing rents or prices on the site 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)


The Relevant Intent of Policies 1, 2, and 8

The “Intent” statements for WORK Policies 1, 2, and 8 contain statements that help to illuminate how the policies are applicable to the subject rezoning.  (See page 37, Chapter 3, of the Cary Community Plan.)  Some of the relevant Intent text is cited below: 


Staff Observations Regarding Conformance with the WORK policies:


Policy 1 and Policy 2 with respect to housing.  In terms of residential uses, the provision of non-age-restricted multifamily would tend to conform to these policies more so than the provision of age-restricted.  This is because the site’s prime location on Davis Drive, within a couple miles of RTP, would be ideal for younger households actively employed in or near RTP. With the mix of nearby shopping, dining, services, park, and greenway, this site could offer exactly the sort of location desired by our 21st Century workforce. 


Policy 2 and 8 with respect to employment locations.   In terms of providing the sorts of employment locations desired by a 21st Century workforce, the subject site could be an ideal office location, since it would provide employees the opportunity to use the adjacent greenway and park, and walk to numerous shops, services, and restaurants – rather than using the site for age-restricted housing.   


Map above shows location with proximity to the Research Triangle Park.


While MU-III as it is exists today (14 acres) site is probably not viable for a major corporate campus, the site is likely quite viable for mixed-use office buildings, neighborhood office, or mid- to small-format office buildings.  Such building space could provide locations for smaller firms servicing RTP corporations, and/or spillover and start-up firms.


In terms of potential site yield, this 6.3-acre site could likely accommodate about 49,000 square feet of office space using surface parking, and perhaps up to twice that with some share of structured parking.


Potential for Office on Remaining Tracts

The uses currently allowed for Tract MU-III of Twin Lakes, along with the other four Mixed Use tracts of Twin Lakes, include a combined retail maximum of 250,000 sq. ft., a combined maximum of 110,000 sq. ft. of Office, a combined maximum of 25,000 sq. ft. of Restaurant, and a combined maximum of 50 Apartments/Condos, Assisted Living [+/- 150 rooms].


There is no office located within the Planned Unit Development and the proposed location of the age-restricted multi-family on this site could hamper the viability of office anywhere else within the PDD and Commercial Center. 


The remaining undeveloped tracts in Twin Lakes including MU-III total 16.32 acres. MU-I and MU-IV total 2.75 acres at the northeast corner of Davis Drive and Airport Boulevard intersection. MU-V totals 1.48 acres on the southeast corner of Davis Drive and Airport Boulevard, surrounded by the proposed retail of MU-II (142,000 sq. ft. of retail, including 13,000 sq. ft. of restaurant). The proposal will leave a remaining 5.52 acres on the south end of the PDD, with limited visibility and access. This constrained site will provide an obstacle to meeting the PDD’s vision for including office space in the development. The stand-alone residential also differs from the plan’s illustrative master plan that displayed the residential component as part of vertical, integrated mixed use.



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)


§         The Parks, Recreation and Cultural Resources (PRCR) Master Plan identifies a future neighborhood park in the Town of Cary property that is adjacent to the eastern boundary of the site. Neighborhood parks are recommended to serve neighborhoods within a 1-mile radius. 


§         The PRCR Master Plan identifies a greenway corridor located adjacent to the subject parcel.  The greenway corridor extends around the existing ponds and connects to the Street Side Trail on Lake Grove Boulevard. The development plan shall provide connections to the greenway adjacent to the site from the internal pedestrian network.


§         The developer shall pay a multi-family recreation fund payment for each dwelling unit whereby the town may acquire recreational land or areas to the serve the development. 



Historic Preservation Master Plan Goals

Preserve, Protect and Maintain Cary’s Historic Resources (Goal 2)

Preserve Historic Contexts (Goal 3)


There are no documented historic resources on this site.


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:

Regarding Policy 3, the Community Plan encourages mixed use development, and the inclusion of senior multifamily housing at this location would increase the overall mix of uses on the east side of Davis Drive in the Twin Lakes PDD, west of the ponds.  However, as has been noted above, other uses such as office or other housing types could also serve to increase the overall mix. 


Where a mix of uses is provided, part of the intent is to create a compact, walkable environment within the mixed use area.  Walkability can be enhanced by limiting the use of surface parking lots, so that buildings can be sited close to one another.  The proposed rezoning does not include a condition that addresses parking, so that aspect of the final built design remains uncertain. 


Regarding Policy 6, the proposed use should present no difficulties.  Multifamily housing adjacent to the Twin Lakes Center shopping center constitutes a reasonable transition along Davis Drive.  The ponds and park at Twin Lakes provide an adequate transition to the neighborhoods to the east.  The current PDD allows buildings of up to 96 feet in height, but the proposed rezoning reduces that to 66 feet, which could improve the overall transition.



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 Centers development category. However, the precise nature of the proposed housing type, namely 200 age-restricted multi-family units, 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. 


Davis Drive - This section of Davis Drive is in the Town of Morrisville. 

Existing Cross Section:  4-lane divided roadway with no curb and gutter.  The right-of-way varies along the property’s frontage, starting with 155’ of right-of-way on the north end and decreasing to 132’ of right-of-way at the south end of the property.


Future Cross Section (source: Morrisville Transportation Plan 2009)

§         Road:  6-lane median divided roadway with 136’ of right-of-way

§         Sidewalks: 8’ street-side trails on both sides of road     

§         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:  None planned

Transit: There are no existing or planned transit routes adjacent to the site.


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.




Density and Dimensional Standards


Existing Zoning District


Proposed Zoning District

(MU-III North only)

Max. Gross Density

Assisted Living: 150 rooms +/-

Multi-family: 50 units max.

31.6 dwellings per acre
(200 units max.)

Min. Lot Size



Minimum Lot Width



Roadway Setback

See streetscape requirements below


See streetscape
requirements below

10’ setback from streets other than Davis Drive

Side Yard Setback 1



Rear Yard Setback 1



Maximum Building Height

96’ for institutional uses

42’ for multi-family


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).




Uses and Density

The request would limit the use in MU-III North to only allow age-restricted residential multi-family dwellings (at least eighty percent (80%) of all occupied units shall have as a resident at least one person age 55 or older).


The MU-III North parcel would not share the mix of uses entitled to the other MU parcels. The other MU parcels would be able to utilize the full allowance of the other uses and square footage maximums as previously approved.


Recreation and Open Space

§         Open Space The applicants are not proposing any additional open space above and beyond what is specified in the PDD.

§         Community Gathering Space The applicants are proposing to increase the community gathering space within the MU-III North parcel to 2,000 square feet. Minimum requirement of the LDO is 1,200 square feet. 


The LDO requires that community gathering spaces are centrally located to encourage its use by pedestrians and patrons of the development.


Cell Tower

If the proposed rezoning is approved, the existing cell tower would be permitted to remain on the site as a nonconforming use since cell towers are not listed as a permitted use in the proposed parcel MU-III North. The cell tower may remain on the site and continue to operate in accordance with LDO Chapter 10: Nonconformities.



The LDO allows for flexibility in design requirements for Planned Development Districts (PDDs). In this case the applicant has requested modifications from the typical LDO requirements for the landscape buffer, streetscape and parking. The following items describe the request and the applicant’s justification.


1.      Landscape Buffer and Streetscape

a)      Streetscape:

§         Current (as shown in previously approved PDD)

o       20-foot Type B for all MU parcels along Davis Drive

§         Proposed

o       20-foot Type B where the buildings are adjacent to the street, and

o       30-foot Type B where parking is adjacent to the street


Staff notes the applicant is proposing to change the existing approved use from a primarily non-residential use to a residential use (age restricted multi-family), which typically requires a 50-foot streetscape per the LDO. There is, however, a 20-foot streetscape for the other MU tracts in the Twin Lakes PDD. 


The applicant has requested permission to remove the existing vegetation in the streetscape along Davis Drive and alternatively replace it with the installation of new landscaping as noted in the applicant’s justification statement (attachment and below). A tree survey revealed there were no significant trees or upper story specimen trees in the existing streetscape. The applicant has indicated that a portion of the buffer would potentially need to be disturbed to accommodate the burial of power lines. 

Applicant’s Justification for Buffer/Streetscape Disturbance (the following is a statement provided by the applicant)


“Applicant requests installation of a planted streetscape in lieu of preserving the existing vegetation along Davis Drive.  This is allowed based on a justification “related to topography, drainage, site configuration, quality and quantity of existing healthy vegetation, the road construction requirements, or other similar issue.”  LDO 7.2.4(B). Similar to the MU-II development to the north, the utility lines on MU-III North along Davis Drive will be buried underground, per LDO § 8.1.4(E).  Thus this area will be disturbed in connection with that utility work regardless.


In addition, this portion of site does not contain any Significant Trees or Upper Story Specimen Trees, per the attached October 2016 tree survey.  As shown on the underlying aerial, the streetscape areas have already been cleared and very few trees, if any, are located within this area. Thus the quality and quantity of vegetation here does not warrant preservation of the existing vegetation.  The power lines in this area and significant grading changes further make preserving vegetation in the existing buffer a significant challenge.”


The image above shows the existing streetscape for the subject site.


b)     Perimeter Buffer:

§         Current

o 25-foot Type A buffer (opaque) adjacent to the single-family parcel on Davis Drive

§         Proposed

o Removal of the 25’ Type A buffer between the single-family dwelling along Davis Drive (shown in the picture below) if the property is developed in conjunction with the subject site.

This is an excerpt from the Open Space and Buffer Plan associated with the previously approved Twin Lakes PDD. It references the 25’ Type A buffer adjacent to the single family property along Davis Drive. The applicants are proposing to remove that buffer if they are able to develop the single family property in conjunction with the subject site.


2.      Parking

Table 7.8-1 of the LDO requires 2.25 parking spaces per dwelling unit for multi-family developments (with additional spaces required for units with three bedrooms or more). Planned Development Districts may specify parking and other standards that differ from the general requirements of the LDO. The applicants are proposing a minimum parking ratio of 1.3 spaces per unit. The applicant has submitted the following justification for their parking ratios:


Applicant’s Justification for Parking (the following is a statement provided by the applicant)

“The Minimum parking required is requested to be 1.3 parking spaces per unit from the 2.25 required in Table 7.8-1 of the LDO for multi-family. This reduction is consistent with the different parking demands of age-restricted multi-family versus traditional multi-family users, who generally have less need for multiple cars or visitor parking and whose lifestyles are less vehicle-dependent.  The distinction of this type of use is described more fully in the attached memo, which describes research on parking demands, study of actual parking demand at existing senior housing projects, and ratios of parking spaces to units in Greystar projects across the country.  The reduction is also supported by the developer’s experience with parking needs in those other jurisdictions, including very similar projects in Raleigh (Crabtree), Charlotte (Cotswold, Providence), Chapel Hill, Austin, Scottsdale, Charleston, Greenville, and Alpharetta, GA, as shown in the attached spreadsheet.  Those projects ranged from 160-201 units, with ratios ranging 1.2-1.4.  The overall average nationwide is 1.28.  This request is consistent with that data.”


The attachments referenced in the justification above are included as an attachment to this staff report.



The proposed rezoning of 6.33 acres would result in a maximum of 200 age restricted attached (multi-family) housing units.  Based on the ITE Trip Generation Manual, 9th edition, Land Use Code 252 – Senior Adult Housing Attached, the proposed rezoning is anticipated to generate approximately 40 AM and 50 PM peak hour trips. The threshold for a traffic study is 100 peak-hour trips; therefore, a traffic study was not required.



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.




Town Staff’s summary of analysis for the rezoning request 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.

§         The subject site is designated as part of a “Commercial Center” on the Future Growth Framework Map. 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. 

o       In this case the Commercial Center will be anchored by a shopping center to the north on the MU-II tract of the Twin Lakes PDD (Twin Lakes Center, which is currently under review, and is anticipated to include a Wegmans store).

o       The description of the Commercial Center specifies that residential uses may also be in a commercial center and either mixed vertically or horizontally. This rezoning is proposing a horizontal mix (adjacent to the shopping center). Although the horizontal mix is consistent with the commercial center designation, it is a deviation from the original plan for the Twin Lakes PDD which envisioned the residential component of the MU parcels to be mixed vertically over the retail uses.

§         Evaluating the case under the LIVE Chapter, it is noted that the site will provide additional housing options for seniors. The Imagine Cary Plan provides guidance for senior housing and in this case, there are multiple options for shops and services within close proximity to the site (with the Twin Lakes Shopping Center being developed to the north as well as other nearby shopping centers). At this time there is not access to transit; however, Imagine Cary does envision a future transit route along Davis Drive.   

§         When reviewing the Work Chapter, the following points are noted:

o       Policies 2 and 8 provide guidance for employment locations. Currently there are no office uses in the Twin Lakes PDD. There will be a small allowance for office uses in the Twin Lakes Center to the north. This request is proposing to rezone the northern portion of MU-III which will leave the remaining 5.52 acres of MU-III with limited visibility and access. This constrained site will provide an obstacle to meeting the PDD’s vision for including office space in the development. It should also be noted that the development of the suburban shopping center (Twin Lakes Center) has encumbered the largest of the MU parcels and the remaining parcels may no longer be as viable for office development given the size of the sites, site constraints, and character of the area. 

o       Policies 1 and 2 consider employment housing. The provision of non-age-restricted multifamily would tend to conform to these policies more so than the provision of age-restricted.  This is because the site’s prime location on Davis Drive, within a couple miles of RTP, would be ideal for younger households actively employed in or near RTP. 





After the Planning and Zoning Board makes its determination on consistency and its recommendation on the proposed rezoning request, Town Council may consider action on the request.