Town of Cary
North Carolina

Rezoning

17-REZ-23 Village at the Park PDD Amendment Phase 4B

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

 

Speaker: Katie Drye, Planning

 

Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map in the SE quadrant of the Kit Creek Road and Green Level Church Road intersection. The rezoning request is to amend a portion (Phase 4B) of the previously approved Village at the Park Planned Development District (PDD) to change the use designation from a mix of retail, office, hotel rooms and multi-family to allow the development of a maximum of 300 multi-family or townhome dwellings and 15,000- 19,000 square feet of office/retail and reduce the parking requirement.

 

Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant. See below for more information on the recommendation.

 

Planning and Zoning Board Recommendation: The Planning and Zoning Board found the request to be consistent with the Imagine Cary Community Plan and recommended approval by a vote of 7-2.

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 development plan.

 

SUBJECT PARCELS

 

Property Owner

County Parcel Numbers
(10-digit) (PIN)

Real Estate IDs (REID)

Addresses

Acreage

HAB Properties LLC

Cabernet Realty I LLC

Alston/55 LLC

333 Sherwee Drive

Raleigh, NC 27603

0736076829

0054689

7655 Kit Creek Road

12.38

Galaxy Investments LLC

Highway 54 Partners LLC

Roy E. Mashburn, Jr.

4208 Six Forks Road, Suite 1400

Raleigh, NC 27609

0736077568

0043959

5329 NC 55 Hwy.

3.56

Total Area

15.94

 

 

Click on the map to see surrounding development activity.

 

 

OVERVIEW

 

Location of Subject Properties

Southeast quadrant of the Kit Creek Road and Green Level Church Road intersection

Schedule

Town Council
Public Hearing

January 25, 2018

June 14, 2018

Planning & Zoning Board
July 23, 2018

Town Council
 

August 23, 2018

Existing Zoning District(s)

PDD Major- Village at the Park (Phase 4B), within the Mixed Use Overlay District (MUOD) and Watershed Protection Overlay District (Jordan Lake Sub-district)

Existing Planned Development District (Phase 4B)

Current Uses Allowed in Phase 4B

§         78,197 SF Retail

§         88,240 SF Office

§         150 Room Hotel

§         45 Multi-family dwellings 

Proposed Zoning District(s)

PDD Major- Village at the Park (Phase 4B), within the Mixed Use Overlay District (MUOD) and Watershed Protection Overlay District (Jordan Lake Sub-district)

Proposed Revisions to Existing Planned Development District (Phase 4B)

1.      The rezoning proposes to allow for a maximum of 300 multi-family dwellings and/or townhomes and 15,000-19,000 square feet of office/retail. 
 

2.      Building height for non-residential structures shall be no more than thirty-five feet (35’).  Building height for residential structures shall be no more than sixty feet (60’).
 

3.      Residential uses shall be limited to multi-family dwelling, townhouse, and any associated accessory uses.
 

4.      A minimum of 60% of all multi-family dwelling units must be 1-bedroom units.  A minimum of 50% of all townhouses shall have two (2) car garages.  No lot for a townhouse shall be less than twenty feet (20’) in width.  The minimum corner side setback for a townhouse lot shall be ten feet (10’).  Interior townhouse lot lines shall be a minimum of zero feet (0’).

 

5.      Any development plan for proposed residential dwellings submitted for land within Phase 4B of the PDD shall include (at a minimum) a conceptual plan for development of at least 15,000 square feet (but no more than 19,000 square feet) of non-residential (retail/office) floor area within Phase 4B.  Such plan shall demonstrate that the retail/office use and required parking can be developed in compliance with the requirements of the PDD and Land Development Ordinance within the area designated as Phase 4B.  The retail/office use floor area can be vertically mixed within the multi-family residential buildings and/or located in separate buildings.
 

6.      Transportation Improvements:  To address transportation impacts reasonably expected to be generated by the development, prior to request for the first Certificate of Occupancy for the Property, the following improvements shall be constructed and installed as recommended by the TIA on file with the Town of Cary (17-TAR-424):

              Green Level Church Road and Site Drive 3

a.       Construct the westbound approach (Site Drive 3) with one ingress lane and one egress lane.  The egress lane shall be striped as an exclusive right-turn lane.  Access to Green Level Church Road shall be restricted to a right-in/right-out stop-controlled intersection.

b.      Provide stop control for the westbound approach.

c.       Construct an exclusive northbound right-turn lane with a minimum of one hundred feet (100’) or storage and appropriate taper.
 

7.      Transportation Improvements:  To address transportation impacts reasonably expected to be generated by the development, prior to request for the first Certificate of Occupancy for the Property, the following improvements shall be constructed and installed as recommended by the TIA on file with the Town of Cary (17-TAR-424):

             

              Green Level Church Road and Wake Road

a.       Restripe the eastbound approach (Wake Road) to provide an exclusive left-turn lane and an exclusive right-turn lane with a minimum of twenty-five feet (25’) of storage and appropriate taper.
 

8.      Transportation Improvements:  To address transportation impacts reasonably expected to be generated by the development, prior to issuance of the first Certificate of Occupancy for the property, the following improvement shall be constructed and installed in accordance with and subject to North Carolina Department of Transportation (NCDOT) and Town of Cary approval and Standards and Specifications as recommended by the TIA on file with the Town of Cary (17-TAR-424) in accordance with the following:

Green Level Church Road and Stonewater Glen Lane

a.       Restripe the westbound approach (Stonewater Glen Lane) to provide a shared left-turn/through lane and an exclusive right-turn lane with as much storage as possible (but in no case less than twenty-five feet (25’)) without affecting the existing curb and gutter along Stonewater Glen Lane.
 

9.      Transportation Improvement:  To address transportation impacts reasonably expected to be generated by the development, prior to issuance of the first Certificate of Occupancy for the Property, the following improvements shall be constructed and installed as recommended by the TIA on file with the Town of Cary (17-TAR-424):

NC Highway 55 and Site Drive 2

a.       Construct the eastbound approach (Site Drive 2) with one ingress lane and one egress lane.  The egress lane shall be striped as an exclusive right-turn lane.  Access to NC Highway 55 shall be limited to a right-in/right-out stop-controlled intersection.

b.      Provide stop control for eastbound approach.

c.       Construct an exclusive southbound right-turn lane with a minimum of one hundred feet (100’) of storage and appropriate taper.

 

10.  Transportation Improvement:  To address transportation impacts reasonably expected to be generated by the development, prior to issuance of the first Certificate of Occupancy for the Property, the following improvements shall be constructed and installed as recommended by the TIA on file with the Town of Cary (17-TAR-424):

 

NC Highway 55 and Kit Creek Road

a.       Construct an additional exclusive northbound left-turn lane with a minimum of 350 feet of storage and appropriate taper.

b.      Modify signal and timings as necessary.

 

Town Limits

Yes 

Staff Contact

Katie Drye
919-469-4085

Katie.drye@townofcary.org

Applicant 

Roy Mashburn, Hwy 54 Partners

Applicant’s Contact

Jason Barron
919-590-0371

jbarron@morningstarlawgroup.com

 

 

sUMMARY OF REQUEST

Note: This request was heard by Town Council at a public hearing on January 25, 2018. The applicant has since added a request to reduce the parking ratio to 1.68 spaces per dwelling. Once a Planned Development District rezoning case has been presented at a Town Council public hearing, the Town of Cary LDO requires any new conditions submitted by the applicant to be more restrictive. Reducing the parking ratio is considered to be “less restrictive;” therefore, the applicant has elected to restart the case so that the condition to reduce the parking ratio can be included.

 

In addition to the parking reduction, the applicant has proposed additional changes (all more restrictive) since the initial public hearing. These include: proposing to construct a northbound left turn lane on NC 55 Hwy onto Kit Creek Road, and  committing to a minimum amount of non-residential development of 15,000 square feet.

 

Village at the Park is a 90-acre Planned Development District (PDD), approved in 2002 and located in Wake County, near both Durham and Chatham Counties. The Village at the Park PDD, when originally approved, was intended to be a mixed use community which incorporated retail, office, and residential uses in a walkable environment. Due to market forces including nearby retail and office development, the Village at the Park PDD has been amended several times over the past 15 years. Current land uses within the PDD consist of two multi-family developments, a gas station with a convenience store, and an elementary school.

 

This rezoning request seeks to amend Phase 4B of the Village at the Park PDD which is located at the southeast quadrant of the intersection of Kit Creek Road and Green Level Church Road. The rezoning proposes to allow for a maximum of 300 multi-family dwellings or townhomes dwellings and 15,000-19,000 square feet of office/retail. The current allowed uses and proposed uses are listed in the table below. 

 

Village at the Park PDD Amendment Phase 4B

Current Uses Allowed in Phase 4B

Proposed Uses Allowed in Phase 4B

Retail- 78,197 SF

Office/Retail

15,000 SF min.- 19,000 SF max.

Office- 88,240 SF

Hotel- 150 Rooms

Multi-family- 45 units

Multi-family or Townhomes- 300 units max.

 

Phasing Plan for the Village at the Park PDD. The subject site is Phase 4B.

 

Existing uses adjacent to the site. Note, the area highlighted in yellow indicates the boundaries of the Village at the Park PDD. The subject site is located at the southeast quadrant of Green Level Church Road and Kit Creek Road intersection.

 

 

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 September 6, 2017. According to the information submitted by the applicant, no nearby property owners attended the meeting. The applicant submitted a record that the neighborhood meeting was held and there were no attendees (attachment submitted by the applicant).

 

Town Council Public Hearing (January 25, 2018)

Staff presented an overview of the request followed by the applicant who shared a justification of the request. There were no speakers other than the applicant at the Town Council Public Hearing. The Council forwarded the case to the Planning and Zoning Board.

 

Changes Since the Town Council Public Hearing

The applicant has proposed the following additional conditions since the Town Council public hearing:

1.      Uses may include townhomes in addition to multi-family

2.      Reducing the required parking ratio to 1.68 spaces per dwelling unit

3.      Requiring a minimum of 60% of multi-family units to be one-bedroom dwellings

4.      Offering to construct a north bound left turn lane on NC 55 Hwy onto Kit Creek Road

5.      Establishing a minimum square footage (of 15,000 square feet) for the office/retail space

 

The LDO specifies that only conditions that are more restrictive may be added to a PDD rezoning after the initial Town Council Public Hearing. Since the request to reduce the parking is less restrictive than LDO requirements, the applicant has elected to restart the process and go back to an initial Town Council Public Hearing. A new neighborhood meeting is not required because the LDO notes that conditions cannot be made less restrictive following the 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.

 

Town Council Public Hearing (June 14, 2018)

As noted above, the applicant elected to restart the process and go back to the Council for an initial public hearing, so that the parking reduction could be added to the case. At the council meeting staff presented an overview of the request followed by the applicant who shared their justification for the request.

 

One council member had a question regarding how the height limits would be applied if the developer proposed a vertical mix of uses (residential over non-residential).

 

Following the council meeting staff confirmed that when a residential use is proposed over a non-residential use, the non-residential height restriction would be applied.

 

Changes Since the Town Council Public Hearing

None

 

Planning and Zoning Board (July 23, 2018)

Staff presented an overview of the request followed by the applicant’s agent who shared the justification for the rezoning. The applicant did not propose any changes since the Town Council public hearing and therefore the Planning and Zoning Board did not have a public hearing.

 

The Planning and Zoning Board discussed the case. There were questions regarding the location of the proposed office/retail uses. Staff noted there were no location criteria for the uses called out within the PDD document. There were other questions regarding the history of Village at the Park and why the applicant has proposed the reduction in the office/retail uses. The applicant’s agent shared that recent development of office and retail nearby as well as a market shift have made it difficult to develop under the current entitlements.

 

The Planning and Zoning Board found the request to be consistent with the Comprehensive Plan and recommended approval by a vote of 7-2. The two Planning and Zoning Board members who did not support the vote to recommend for consistency noted concerns over lack of affordable housing as well as the loss of land for retail and office development.

 

Changes Since the Planning and Zoning Board Meeting

None

 

site characteristics and context

 

Existing Zoning: The existing zoning for the site is Planned Development District Major (Village at the Park PDD). Most of the adjacent sites are also part of the Village at the Park PDD.
Across NC 55 Hwy is the Research Triangle Park.

 

 

GAS LINE EASEMENT


As shown in map above, using 2013 aerial photography, the site has a 50-foot natural gas pipeline easement that runs from the northwest to southeast of the site.  (Approximate location of easement shaded above.)  The shaded stream buffers shown within and adjacent to the site are based on the survey depicted in the PDD.

 

The natural gas line easement that traverses the site can present some development challenges.  For a number of existing developments in Cary situated along the gas pipeline, the pipeline company (easement owner) has allowed improvements such as parking lots and driveways within such easements, but not buildings.  For the subject property, the precise situation will not be known until site plan submittal and review.  However, in the original 2002 PDD Master Plan, the easement was acknowledged and taken into account for the original proposed mix of uses. 

 

Gas Line Easement on pdd’s original illustrative plan (2002)

In the above illustration, taken from the illustrative concept plan from the original PDD, the location of the easement can be seen, traversing the site from the upper left to the lower right (generally shaded yellow).  The subject site is in the center of the illustration, on the southeast quadrant of the intersection of Kit Creek Parkway and Green Level Church Road (formerly called Alston Avenue).

 

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 town wide, to meet the needs of a wide range of household sizes, types, and market preferences.  The rezoning proposal seeks to add multi-family and/or townhomes, and may therefore help offer additional choices to singles, couples without children, smaller households, young households, or seniors.  Overall in Cary, single-family-detached housing and multi-family housing tend to be the dominant housing options, while products such as townhomes, and smaller single-family homes are the most lacking. 

 

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 western Cary where the site is located.  The subject site can be considered as occurring within a new suburban neighborhood that’s emerging along Green Level Church Road between Kit Creek and the Durham County Line, all of which is within about ½ mile of the subject site.  The housing supply in Cary’s town limits within this area so far consists of:

§         710 apartment units in two existing complexes

§         108 single-family townhomes

§         82 single-family-detached homes

 

The addition of 300 multi-family dwellings, would not serve to greatly expand housing choices within the neighborhood.  However, the addition of townhomes may serve to expand the housing choices. No minimum number of townhomes units is specified as a condition. 

 

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: 

 

Policy 1.  The Policy Intent includes the statement:

“Growing a diverse workforce will require housing, transportation, shopping, and recreational options that meet the needs of the 21st Century workforce.”   

In terms of housing, this policy reinforces the importance of LIVE Policy 2, Provide More Housing Choices for All Residents.

 

Policy 2.  The Policy Intent includes the statement:

This includes providing a quality of life and a built environment that appeals to, and attracts, both businesses/employers and the workforce of tomorrow.

 

Policy 8.  The Policy Intent includes the statements:

Support new and expanding firms that have different locational needs...”

and

“This policy also supports ensuring that adequate land is available to develop employment uses in a variety of locations. New developments should be evaluated for the opportunity to incorporate employment uses.”

 

Staff Observations Regarding Conformance with the WORK policies:

For the subject rezoning, there is necessarily some tension between the extent to which the proposed use supports Policy 8 and the extent to which it supports Policies 1 and 2.  An evaluation of conformance with each of these policies follows below. 

 

Policy 1. 

The proposed multi-family component could be seen as helping to support this policy, since it would provide housing close to major employers in RTP, especially perhaps housing for singles, millennials, and small households. 

 

Policy 2. 

Both the multi-family and nonresidential components of the proposed rezoning will help to support this policy.  Future residents and workers at this location might enjoy a substantial quality of life benefit by being able to live adjacent to employment in RTP, both in terms of a short commute distance, and in terms of the multimodal commute options inherent in the site – the adjacent street-side trails and greenway will provide direct pedestrian and bicycle connections via Kit Creek Road to RTP’s pedestrian and bicycle trail system.  Future residents will also enjoy a direct north-south greenway connection to a future Town park site on Kit Creek, ½ mile south of the site, and to the Alston Destination Center and its sidewalk, trail, and greenway system.

 

Policy 8. 

The uses currently allowed for Tract 4B of the Village at the Park include 88,240 sq. ft. of office space and 78,197 sq. ft. of retail.  The proposed rezoning reduces the combined office and retail space to a maximum of 19,000 sq. ft. (with a minimum of 15,000 sq. ft.).  With the reduction in total office space, the proposed rezoning is therefore less supportive of Policy 8 than the current tract zoning.   In addition, the existing zoning includes a 150-room hotel, which is lost with the proposed zoning, removing potential hotel employment.   

 

A March 2015 background study during development of the Imagine Cary Community Plan examined suitability of developable vacant sites across the planning area.  That study, done in cooperation with the Cary Chamber of Commerce’s Economic Development Director, identified the site as being suitable for either office uses, Mixed Neighborhood housing, or a combination of both, in addition to having some limited retail potential.   In terms of office space, the site is probably more suited to office in vertically-mixed buildings, neighborhood office, or mid- to small-format office buildings that could support the types of firms described above, rather than for large-format corporate or campus office. 

 

 

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, street-side trails are proposed adjacent to the site along the NC 55 Hwy., Kit Creek Road, and Green Level Church Road frontages.  These trails have been constructed on the majority of frontage of the site, on NC 55 Hwy. and Kit Creek Road.  Any remaining gaps in the proposed trail system adjacent to the site, will be constructed with the corresponding road frontage of the respective phase of construction.  Connections from the trails into the internal pedestrian network will be required per the existing PDD.

 

The PRCR Master Plan has identified a future community park for the Town of Cary property located approximately 0.4 mile south of the site.

 

No other parks are proposed for the Phase 4B site. A recreation fund payment will be required for residential development in accordance with the LDO.

 

 

 

engage Policies (Cary Community Plan, Chapter 5)

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 the subject 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

Provide Opportunities for a Limited Set of Non-Residential Uses Outside of Commercial Centers (Policy 7)

 

Staff Observations:

The Intent statement for Policy 7 clarifies that “The intent of this policy is to acknowledge the need for some businesses to be located outside of the three commercial categories (Commercial Centers, Commercial Mixed Use Centers, and Destination Centers) and the Downtown.”  For this case, Policy 7 effectively works in tandem with the Future Growth Framework designation for the site – described below – and supports certain nonresidential uses at this site.  

 

 

 

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 Mixed Neighborhood on Cary’s Future Growth Framework Map (see Chapter 6, pp. 93, 96-97).  The inset map below depicts the Future Growth Framework Map within the vicinity of the subject site.

The Mixed Neighborhood development category generally encompasses and describes neighborhoods and housing located in the northwestern part of Cary’s planning area, located within about 2 miles of Research Triangle Park.  Mixed Neighborhoods are intended to have substantial variety in housing types, unit sizes, lot sizes, and densities.  The predominant land use types will typically be a mix of single-family-detached (large and small lot), single-family-attached and townhomes, and multi-family housing (large and small format). 

In addition, a limited amount of nonresidential uses might occur at the periphery of neighborhoods, or at major intersections or on major thoroughfares, including uses such as neighborhood commercial, small-format commercial, and civic and institutional or office uses.   (Neighborhood and small-format commercial uses are generally smaller than a supermarket-anchored center.  See Chapter 6, pp. 109-114, for definitions and descriptions of the different usage types.) 

 

Staff Observations:

Use of the site for housing is generally consistent with the definition of the Mixed Neighborhood development category, as is the proposed 15,000 - 19,000 square feet of nonresidential uses.  However, the precise nature of the proposed housing type, namely 300 multi-family units, should also be considered jointly with the relevant LIVE and WORK polices.  Similarly, the type and amount of proposed nonresidential uses should be considered jointly with the relevant WORK policies. 

 

 

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 reflect 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. 

 

Kit Creek Road

Existing Cross Section:  4-lane-divided roadway with a street-side trail on the south side and sidewalk on the north side.  Starting with 105 feet of right-of-way at the Green Level Church Road intersection and increasing to 115 feet of right-of-way adjacent to the property.

 

Future Cross Section:

The road is built-out consistent with the Imagine Cary Plan.

 

 

 

NC 55 Hwy.

Adjacent to the site (southbound lanes), the half-width cross-section for the ultimate 6-lane- divided roadway has been built.  This includes a street-side trail on the west side of NC 55 Hwy.  Along the NC 55 Hwy. frontage, right-of-way varies between 250 feet to 290 feet.

 

Future Cross Section:

§         Road:  6-lane median-divided roadway with minimum 130 feet of right-of-way which includes the street-side trail on the west side

§         Sidewalks:  5-foot sidewalk east of the road and 10-foot street-side trail west of the road  

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

 

Green Level Church Road

Existing Green Level Church Road (view looking north) – Northbound half-section needs to be built.

 

Existing Cross Section:  The half-width cross-section for the ultimate 4-lane-divided roadway has been built for the southbound lanes (west side of the road) within 80 feet of right-of-way.  Adjacent to the proposed site, the remaining half-width still needs to be constructed.

 

Future Cross Section – Remaining Half-Section To Be Built by Applicant:

·         Road:  4-lane median-divided roadway with landscaped median in 125 feet of right-of-way (to accommodate street-side trails)

§         Trails:  10-foot street-side trails on both sides of the road  

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

§         Improvements adjacent to property:

o       Construct the half width cross-section for northbound Green Level Church Road including the landscaped median, two northbound lanes, curb and gutter and street-side trail in accordance with Town standards. 

o       Coordinate with staff on northbound lanes needed at Green Level Church Road / Kit Creek Road intersection.  This intersection is adjacent to the Alston Ridge Elementary School.  Incorporate pedestrian facilities when making intersection improvements such as pedestrian refuges in the median and minimizing curb radii.   

 

Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects:  None

 

Transit:  There is an existing GoTriangle Transit route along NC 55 Hwy. 

 

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.

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

 

Density and Dimensional Standards

 

Existing Phase 4B

Retail/Office/Hotel

and

Proposed Phase 4B

Retail/Office

Existing Phase 4B

Multi-family

and

  Proposed Phase 4B

Multi-family

Proposed

Townhomes

Max. Gross Density

N/A

Existing:

Max. 45 units. Density would be determined based amount of land to be used.

 

Proposed:

18.82 du/acre

Min. Lot Size

N/A

N/A

N/A

Minimum Lot Width

N/A

N/A

20’

Roadway Setback

30’ Streetscape

30’ Streetscape

Min. of 18 feet when parking is provided between the roadway and dwelling unit;

10 feet when parking is not provided between roadway and dwelling unit

Side Yard Setback 1

N/A

0

10’

Rear Yard Setback 1

N/A

0

The width of the roadway or front and rear setbacks combined shall equal at least twenty (20) feet and any individual rear setback shall be at least three (3) feet.

Maximum Building Height

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

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

 

Proposed: 35’ max

Per LDO: 35’ (may be increased by one foot for every additional foot provided between the building footprint and the minimum required setback.)

 

 

 

 

Proposed:

60’ Max.

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).

 

Landscape Buffer and Streetscape

The current approved streetscape for Phase 4B of Village at the Park PDD is 30 feet. The rezoning proposes to maintain the 30-foot streetscape. Staff notes, the applicant is proposing to change the use from a primarily non-residential use to a residential use (multi-family) which typically requires a 50-foot streetscape per the LDO. There is, however, a 30-foot streetscape for the other residential multi-family developments in the Village at the Park PDD. 

 

TRAFFIC

Per section 3.4.1(D)(3) of Cary’s LDO, a traffic study is required for rezoning applications when a development is anticipated to generate 100 or more peak hour trips. The proposed mix of residential and commercial uses required a traffic study. A Final Draft Traffic Analysis Report (17-TAR-424) was prepared by the Town’s on-call traffic engineering consultant Ramey Kemp & Associates, dated July, 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)

 

§         300 Apartments

§         10,000 SF General Office Building

§         10,000 SF Shopping Center

 

Land Use

Weekday Traffic

AM Peak Hour (vehicles/hour)

PM Peak Hour

(vehicles/hour)

Apartments (LU Code 220)

1,950

151

183

General Office Building (LU Code 710)

230

30

90

Shopping Center (LU Code 820)

1,520

38

128

TOTAL Site Trips

3,700

219

401

 

Intersections Studied

 

The traffic study evaluated a total of 10 intersections within one (1) mile of the site boundary per LDO standards. The 10 intersections also include the proposed site entrances. A list of these intersections is included in the Executive Summary of the traffic study.

 

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

 

For Background Traffic (2022) Conditions, there were eight (8) potential developments in the vicinity that may be approved and completed prior to, or at the same time as, the build-out of the proposed development. Site traffic generated from those planned and/or developed projects was accounted at the study intersections in the Background Traffic (2022) Conditions.  Those background developments located in Cary include:

 

§         15-TAR-389 Ridgefield Farms (15-SB-010)

§         15-TAR-391 O’Kelly Chapel Daycare and Medical Office (15-SP-011)

§         15-TAR-392 E-33 Elementary School and Commercial (15-SP-011, 17-SP-0972)

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

§         M-16 Middle School TIA, SEPI (16-SP-045)

§         Sears Tract Apartments & Grocery, Kimley-Horn (Hillstone 16-SP-038, NC 55 Grocery 16-SP-030)

§         Alston Town Center (Phase 1) and Alston Village, Kimley-Horn (14-SP-046A, 15-SP-014, 15-SP-013)

§         The Brickyard, Kimley-Horn (16-SB-004)

 

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

 

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).

 

§         Intersection of NC 55 Hwy. and Kit Creek Road (signalized) (Applicant has offered two (2) of three (3) improvements listed below for this intersection as zoning conditions)

o       Construct an additional exclusive northbound left-turn lane with a minimum of 350 feet of storage and appropriate taper.

o       Construct an additional exclusive westbound left-turn lane with a minimum of 250 feet of storage and appropriate taper.

o       Modify signal and timings as necessary.

 

Staff Comment: The remaining improvement, a second westbound left-turn lane on Kit Creek Road at this intersection would be constructed by RTP development, Credit Suisse. As a result, all of the recommended improvements at this intersection may be completed.

 

§         Intersection of Green Level Church Road and Wake Road (unsignalized) (Applicant has offered these improvements as zoning conditions)

o       Restripe the eastbound approach (Wake Road) to provide an exclusive left-turn lane and an exclusive right-turn lane with a minimum of 25 feet or more of storage and appropriate taper.

 

§         Intersection of Green Level Church Road and Stonewater Glen Lane (unsignalized) (Applicant has offered the improvement from the first bullet below as a zoning condition. The applicant has not offered the second improvement (monitor intersection for signalization) as a zoning condition).

o       Restripe the westbound approach (Stonewater Glen Lane) to provide a shared left-turn/through lane and an exclusive right-turn lane with as much storage as possible without affecting the existing curb and gutter (minimum of 25 feet or more of storage) along Stonewater Glen Lane.

o       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 Comment: The traffic study indicates that this intersection is not expected to satisfy the 8-hour and 4-hour signal warrants, which are typically favored by NCDOT to support installation of a traffic signal. These warrants are not expected to be met due to the nature of the development in the area (residential and schools), which have distinct short peaks throughout the day.

 

§         Intersection of NC 55 Hwy. and Site Drive 2 (unsignalized, right-in/right-out) (Applicant has offered these improvements as zoning conditions)

o       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 NC 55 Hwy. to a right-in/right-out stop-controlled intersection; provide stop control for the eastbound approach.

o       Construct an exclusive southbound right-turn lane with a minimum of 100 feet of storage and appropriate taper.

 

§         Intersection of Green Level Church Road and Site Drive 3 (signalized, right-in/right-out) (Applicant has offered these improvements as zoning conditions)

o       Construct the westbound approach (Site Drive 3) with one ingress lane and one egress lane. Stripe the egress lane as an exclusive right-turn lane. Restrict the access along Green Level Church Road to a right-in/right-out stop-controlled intersection.

o       Provide stop control for the westbound approach.

o       Construct an exclusive northbound right-turn lane with a minimum of 100 feet of storage and appropriate taper.

 

Required Intersection Improvements

 

The following roadway improvements are required based on the rezoning case 12-REZ-09, Village at the Park PDD Amendment, which is a previous phase of the subject rezoning.

 

§         Intersection of Kit Creek Road and Black Gate Drive/Site Drive 1 (unsignalized)

o       Construct a ‘pork chop’ island(s) to convert the existing full-movement intersection to an unsignalized directional left-over intersection.

o       Restripe the northbound and southbound approaches to provide exclusive right-turn lanes.

o       Provide stop control for the northbound and southbound approaches.

 

Staff Comments Regarding Recommendations in Traffic Study

 

The traffic study (17-TAR-428) has identified several deficiencies at the study intersections listed above as a result of site generated traffic. The applicant has offered to complete most of the transportation improvements at each of the five (5) intersections. The right-turn lanes offered to be constructed at the two (2) entrances, one each on NC 55 Hwy. and Green Level Church Road, would primarily serve the subject development. The second northbound left-turn lane and signal modifications offered at the intersection of NC 55 and Kit Creek Road would provide additional capacity at the intersection and satisfy some of the area’s traffic needs.

 

Stormwater

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

 

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

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

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

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

 

STAFF recommendation        

 

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

 

Rationale for Recommendation

§         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 “Mixed Neighborhood” land use category on the Future Growth Framework Map. The Mixed Neighborhood development category generally encompasses and describes neighborhoods and housing located in the northwestern part of Cary’s planning area, located within about 2 miles of Research Triangle Park.  Mixed Neighborhoods are intended to have substantial variety in housing types, unit sizes, lot sizes, and densities.  In this case, the proposal is for a multi-family use which staff believes is consistent with the Mixed Neighborhood designation of the Imagine Cary Community Plan.

§         The applicant has proposed to complete certain offsite road improvements to address several deficiencies at the study intersections from the TAR as a result of site generated traffic. The proposed improvements will satisfy some of the area’s traffic needs.

 

 

NEXT STEPS

 

The Town Council may take final action on the rezoning request.  If the rezoning is approved, the developer or property owner must submit and obtain approval for a Development Plan for the subject property prior to commencing construction of infrastructure or submitting requests for building permits.