REGENCY PARK PDD AMENDMENT

 

GENERAL DEVELOPMENT OVERVIEW

 

Regency Park is a Planned Development District (PDD) of approximately 655 acres.  An amendment to the PDD was approved in January 2005. The acreage for this amendment was 168.31 acres.  The amendment approved by the Town of Cary included a range of uses that included residential, retail, office, and congregate care. The retail use was approved with an alternate use of residential.  A decision was made to use the alternate use of residential.  This is reflected in the text of this document.    

 

Since the adoption of the amendment, there has been an increase in demand for office in Cary and the Triangle.  An amendment is now proposed for Tract 7 within the Regency Park PDD which is part of the approved amendment for Regency Park that was adopted by the Town of Cary in January 2005.  Tract 7 is approximately 21.33 acres (15.25 acres excluding buffers).  The current land use designation for this tract is office.  The request is to increase the square footage in Tract 7 from 180,000 square feet to 240,000 square feet.  This proposal is in addition to the 115,000 square feet of office that is currently approved for Tract 6 in Regency Park. 

 

The additional office square footage being proposed will help provide for the mix of uses that was originally envisioned for Regency Park.  Tract 7 is ideal for additional office development given its location adjacent to US 1 and its proximity to the interchange of US 1 & 64.  The Tract is adequately buffered from any proposed or existing residential development.  The request is compatible with the comprehensive plan.  There will be increased tax base to the Town with this amendment.  The regulations in the Town’s LDO will provide adequate protection to the adjacent properties.

 

This amendment also includes a request to reduce the Thoroughfare Corridor Buffer District from 100 feet to 50 feet.   A significant portion of the frontage along US 1 adjacent to Tract 7 is significantly above the highway; therefore the views into the site are obscured by the cut slopes along US 1.  Through a combination of grade difference and supplementary plantings, the intent of the requirements of the District will be met.   

 

Vehicular access is still being provided from Regency Parkway. 

 

 

            STORMWATER MANAGEMENT PLAN

 

Per the original Regency Park PUD plan, the PUD was initially approved by the Town of Cary prior to the adoption of the Town’s Water Supply Watershed Protection Ordinance.  Regency Park is exempt from the impervious area limitations and impoundment provisions of the ordinance.  The Owner reserves the right to use Symphony Lake in perpetuity to meet the requirements of any applicable watershed ordinance.

 

Regency PDD is located within the Swift Creek Watershed, of the    Neuse River Basin. Symphony Lake, which is currently owned and maintained by the Town of Cary, was approved and constructed for Regency PUD as a stormwater quality BMP and satisfies the Ordinance requirements for removal of 85% of the total suspended solids (TSS) as required by the Ordinance.  Per Chapter 4.4.6 of the Watershed Protection Overlay District requirements in the LDO, the developer agrees to pay the one-time fee that enables the proposed development to use Symphony Lake as a watershed protection device (BMP).  Furthermore, the lake will not be used for nitrogen removal.  Nitrogen will be addressed on site.

 

The project is subject and will adhere to Federal, State and Local stormwater regulations.  These requirements include:

 

US Army Corps of Engineers

§         Wetlands Protection (Clean Water Act, Section 404)

NCDENR - Division of Water Quality

§         Wetlands Protection

§         401 Water Quality Certification

§         Neuse River Riparian Buffers

Town of Cary

§         Stormwater Management Plan for New Development

§         Sediment & Erosion Control

 

The project development will address the two main parameters of the Town’s stormwater ordinance - total nitrogen control and 1-year design storm peak attenuation - on a development-wide basis where possible. The proposed development will be planned and constructed in a manner emphasizing the protection of the existing wetland areas, riparian buffers and streams.    No buffer reductions are being requested.  Disturbance of wetland and riparian buffer areas shall be prohibited except where required to construct road crossings, utilities, greenways and other items specifically allowable by the US Army Corps of Engineers, NCDENR, and the Town of Cary.  Disturbance of riparian buffers for the above mentioned practices would be limited to those necessary to promote a safe, functional and desirable community.

 

No portion of the property subject to this PDD amendment is located within the FEMA regulated flood plain as depicted on the FIRM Map# 37183C0503 E, March 3, 1992.

 

 

PHASING

 

Construction on Tract 7 is planned to begin in the fall of 2007.

 

TRACT DEFINITION

 

PARCEL	Acres	Use	Max. No.of Units or Max. Sq. Ft.
Tracts 1&2	32.31	SF	34 units
Tract3 3&4	29.42	SF	75 units
Tract 5	26.44	Mixed Res.**	114 units
Tract 6	12.84	Mixed Use**	120 units; 115,000 SF
Tract 7*	21.33	Office	240,000 SF (Proposed)

           

** In all of these tracts, any of the uses proposed can be used as long as the maximum number of units and square footages are not exceeded.

            *  The acreage for Tract 7 includes buffers.  Without buffers,

            acreage is 15.25.     

PERMITTED USES WITHIN TRACTS

 

The following uses are permitted within each tract.

 

TRACT 1

 

Residential Uses

Single-family detached dwelling

 

TRACT 2

 

Residential Uses

Single-family detached dwelling

 

TRACT 3

 

Residential Uses

Single-family detached dwelling, patio dwelling, cottage home, zero lot line, cluster home

 

TRACT 4

 

Residential Uses

Single-family detached dwelling, patio dwelling, cottage home, zero lot line, cluster home

 

TRACT 5

 

Residential Uses

Single-family detached dwelling, patio dwelling, cottage home, zero lot line, cluster home, townhouse, semi-detached/attached dwelling

 

TRACT 6

 

Residential Uses

Multi-family dwelling, patio dwelling, cottage home, zero lot line, cluster home, townhouse, semi-detached/attached dwelling, congregate care

Nonresidential Uses

Financial Institution (bank)

Office (office, business or professional offices)

 

TRACT 7

 

Nonresidential Uses

Financial Institution (bank)

Office (office, business or professional offices)

 

Accessory or ancillary uses normally associated with these primary uses and which do not constitute more than 25% of the gross floor area on a site are allowed in conjunction with the principal use.

 

 

 

 

 

 

 

 

 

 

 

 

STANDARDS FOR NEW DEVELOPMENT

 

Compliance with Development Plan Procedures Required

All new development shall be subject to development plan review in accordance with Section 3.10 of the Cary Land Development Ordinance, except as otherwise stated in this PDD document.

 

General Development Requirements

As applicable, the following general requirements shall govern development within the amended area within Regency Park PDD:

           

(A)              Measurement of Acreage, Density, and Units

Acreage may vary due to variations in parcel configuration.  In no case, however, shall the number of units increase above the number approved for each tract.

 

(B)              Reduction of Building Setbacks

All building setbacks may be reduced a maximum of 10% by Town of Cary staff.

                                   

(C)             Interior Buffers or Building Setbacks

Within all nonresidential parcels, there will be no interior buffers or building setbacks.  In all residential parcels, when building setbacks are less than five (5) feet from a sideyard line, a maintenance easement of up to five (5) feet will be provided on the adjacent property to facilitate building maintenance.  Garages and accessory buildings within rear yards have no setbacks.  Up to five (5)-foot maintenance easement from adjacent owners will be provided where setback is less than three (3) feet.  All building setbacks will be as specified in this PDD document and will not be subject to any or all code changes.

 

(D)              Buffers and Streetscapes

All widths and types of buffers and streetscapes shall be as specified on the Land Use/Circulation Plan and within this PDD document and shall not be subject to any or all code changes.

 

(E)              Open Space Configuration and Dimensions

The exact configuration and dimension of open space areas shall be determined at the time of subdivision or site plan approval.  No additional open space above and beyond what is specified in the PDD Document shall be required of any parcel.

 

(F)      Lot Clearing

There will be no tree clearing on any lot within Tract 2 prior to the issuance of a building permit except for infrastructure improvements.  For the remaining tracts, the tree save areas will be identified on the Tree/Slope Protection Areas Map found in the PDD Document.

 

(G)       Sidewalks

Sidewalks are planned for both sides of Regency Parkway and one side of Ederlee Drive within our development (see Plan).  Sidewalks will be on one side of all other streets except cul-de-sacs.  The applicant has agreed to construct a 2700’ asphalt greenway trail along the west side of Regency Parkway from Glade Park Drive to the entrance of the Town of Cary parkland and connecting directly to the existing Symphony Lake Greenway.  This trail may be substituted for the proposed sidewalk on Regency Parkway. 

(H)              Receration Requirement

There is no additional recreation requirement for Regency Park PDD.  However, the applicant is proposing a trail connection from Glade Park Drive, along Regency Parkway and linking with the existing Symphony Lake Greenway and the Town of Cary parkland at Symphony Lake (see map in PDD document).  A portion of the trail may be substituted with the sidewalk that is shown on the west side of Regency Parkway. 

 

(I)      Open Space Requirement

The open space requirement for Regency Park PDD has already been met.  The amendment proposes an additional 49.53 acres of open space, including buffers.  This represents 29.4% of the site.

 

 (J)      Alternate Street Design

The developer reserves the option to request alternate street designs from Town of Cary standards that may include, but not be limited to one-way circulation, reduced right-of-way and street widths and alleyways.

 

(K)     Access Points

Access points are identified on the Land Use/Circulation Plan.  Exact location of these access points shall be determined at subdivision or site plan submittal.

 

 

 

(L)     Recreation Facility

A recreation facility may be located on the site.

 

(M)     Street Connectivity

Connectivity requirements will be met.

 

(N)     Street Layout

The proposed street layout may vary due to topography and building configurations. 

 

(O)     Pedestrian Crossings

Marked pedestrian crossings will be provided within the development.  Refer to the Land Use/Circulation Plan for crossing location.

 

(P)     Road Sections

The road section for Regency Parkway is proposed to be a 60’ right-of-way with a 27’ B/B cross section.   Right of way will be dedicated as site and/or subdivision plans are submitted to the Town for approval for property.

 

 (Q)     Lake Buffer & Undisturbed Natural Area Easement

For those lots adjacent to the lake beginning at a point on the north side of Tract 3 where the existing greenway crosses the western end of the Symphony Lake and continues southeastwardly to a point where it intersects with the open space area between Tracts 2 and 3, there will be a 100-foot undisturbed buffer and a 20-foot undisturbed natural area easement measured from the lake edge.  In addition to the 20 feet, there will be an additional 30-foot building setback.  This additional 30 feet can be disturbed for uses such as patios and decks.  For the lots in Tract 2 that are adjacent to the lake, there will be a 100-foot undisturbed buffer and a 50-foot undisturbed natural area easement measured from the lake edge.  In no case can a building be closer than 150 feet to the lake edge.  This information is identified on the Tree/Slope Protection Areas Map.

 

(R)     Noise

Disclosure

There will be full representation and disclosure in all residential sales for the noise generated by the Koka Booth Amphitheater.  The adopted Noise Easement is included in the PDD Document.

 

 

 

                        Deed 

Deed restrictions will be placed on all residential properties preventing future claims regarding noise from the amphitheater.  For all residential units purchased, a restriction/disclosure will be added to purchaser’s deed regarding noise.  The exact wording is to be agreed upon by the developer and the Town of Cary.

Construction

For those residential units to be constructed within Tracts 2, 3 and 4, Noise Level Reduction (NLR) Design Requirements will be incorporated which create a minimum NLR of 25 dB.  The requirements are as shown in the Appendix.   

 

 

 

 

SPECIFIC DEVELOPMENT STANDARDS

 

 

The following development standards will apply to the proposed uses.

 

 

 

 

OPEN SPACE, STREETSCAPES AND BUFFERS

 

Open Space

Open space is provided as shown on the Master Plan. 

 

Streetscapes

Streetscape is an area located along a street to provide special plantings, community identity or other landscape treatments.  The provision of streetscapes along public right-of-ways is not intended to totally obscure development.  The purpose is to provide a transition area, establish an image for the development and reinforce the character of the project. 

Where buildings back up to a road, there will be a 25-foot streetscape.  Existing vegetation within the 25-foot streetscape will not be removed except where needed for road construction and site grading of adjacent tracts.  The streetscape will be re-vegetated when the streetscape is void of natural vegetation or when clearing and/or grading for roadway improvements encroach more than 33% into the required twenty-five (25) streetscape yard.  If re-vegetation is required, plant material will be installed at the following rate per fifteen hundred square feet (1500) of disturbed streetscape.  Examples may include but are not limited to:

·        2 deciduous, hardwood trees (Oak, Poplar, Gum, etc.) or magnolia’s @ 8’ ht.

·        5 Evergreen trees (Virginia/Loblolly Pine, Red Cedar, etc.) @4’-5’ ht.

Where buildings front a road, there will be no streetscape.  The following street tree plantings will apply:

·        Foundation plantings

·        1 - 4” shade tree per 60’

·        1 - 2” understory or flowering tree for every 2 units                                                                     

These streetscape standards shall only apply to Regency Parkway.

Stream Buffers

Stream buffers within this amendment shall be undisturbed land areas reserved adjacent to streams to protect water quality.  No grading is allowed within the stream buffer except for street crossings, pedestrian paths, utility extensions, stormwater devices and where permitted within the Town’s Watershed Protection Ordinance.  Lotting will not be permitted in any resulting stream buffers.

 

Undisturbed Buffers

Perimeter buffers adjacent to existing residential uses shall remain undisturbed where vegetation is present, except for the construction of streets, pedestrian paths, utilities and water quality devices.  Disturbed perimeter buffers shall be re-vegetated according to Town of Cary Type C buffer requirements.  Lotting is not permitted in undisturbed buffers.  Undisturbed buffers will be maintained by the Homeowners Association as common open space.  In order to promote healthy vegetation within undisturbed buffers, underbrush and trees (less than 5" caliper for larger trees and less than 2" caliper for under-story trees) may be trimmed or removed.  Where adjacent property is vacant, one-half of the required buffer will be provided.  Tree surveys in undisturbed buffers will not be required provided tree protection measures are in place prior to land disturbance.

 

DEFINITIONS

A Cottage Home is defined as a single-family detached structure.

 

MAP

Land Use/Circulation Plan