C.  Parks & Greenways:  Greenways Map

A privately maintained (but open to the public) 10’ wide asphalt greenway trail will be constructed along the eastern edge of the site extending from Davis Drive to High House Road (trail to follow existing sewer easement or zone 3 of riparian buffer), ending at the signalized intersection at High House Road.  A recreation payment-in-lieu fee will be required for any subdivided residential housing on this site in accordance with the Land Development Ordinance.  (Note: No individual/subdivided residential lots are proposed.) At its May meeting, the Greenway Committee and the PRCR Advisory Board a reviewed these recommendations and unanimously approved them.  Public art is desired at the corner of Davis Drive and High House Road; any public art proposed must go through the Town's public art review process.

 

D.  Environmental:   According to the Town of Cary GIS maps, there is a river buffer running along the eastern property line and on the northern half of the site. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

 

E.  Buffers:  The Existing PDD document requires a 50’ Type “A” opaque buffer along the southern property line adjacent to Fenton Estates.  This exceeds the 40’ buffer requirement between a proposed Class 4 (multi-family residential) and existing Class 2 use in the Fenton Estates Subdivision.

 

F.  Streetscape: The existing PDD provides a Streetscape planted to Type “A” buffer standards between residential uses on the site and Davis Drive and High House Roads. Since the subject property is within a PDD as well as a Mixed Use Overlay District, reductions to streetscape and buffer widths from 50 feet to 30 feet along residential areas were previously approved. The landscaping within these streetscapes is required to meet Type “A” Opaque standards. The amendment proposes a reduction of the streetscape adjacent to the village tract to a width of 20’ but retains the 30’ opaque streetscape adjacent to residential use.  The approved site plan for the model home incorporated a six-foot earthen berm as part of the streetscape.  A similar berm is also proposed for the CCRC Phase III.

 

 

Consistency with the Land Development Ordinance

 

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Site Plan or Subdivision Plan approval, the applicant will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

 

 

Master Land Use Data Existing and Requested Zoning District Comparison:

 

 Village Tract

Location	Existing	Proposed at Public hearing	Current Proposal	Net Change
				At Public Hearing	Current Proposal
Retail Square Feet	113,100	175,000	135,000	+61.900	+ 21,900
Office Square feet	40,000	75,000 square feet	50,000	+ 35,000	+10,000
Multi-family residential	0 units	298 units	No residential units proposed in Village Tract	+ 298 units	No Change
Hotel	110 rooms	200 Rooms	100 rooms	+90 rooms	-10 rooms
Surface Parking Parking Structure   Total Parking	320 spaces   360 spaces ____________   680 parking spaces	Parking provided at 4 spaces per 1,000 sq.ft.  for retail and 2.5 spaces per 1,000 sq.ft. for office. Parking at 1 space per unit for 3rd floor apartments Parking at 1 space per room for hotel	No reduction beyond the 15% for the Village Tract approved in the existing PDD All other parking to conform to LDO requirements.	20% reduction for retail and 50% reduction for residential use in Retail Village		No reduction beyond the 15% for the Village Tract approved in the existing PDD All other parking to conform to LDO requirements

 

 

Continuing Care Retirement Community (CCRC)

Building	Existing Condition	Proposed at Public Hearing	Current Proposal	Net Change
				At Public Hearing		Current Plan
Assisted Living	Based on need	Healthcare Facility with up to 155 Beds open to residents and general public.	Restricted to existing residents and a maximum of 96 beds.  The footprint of the building was modified and a maximum size of 70,000 square feet specified.	Limit of 155 Beds open to residents and general public.	Limit of 96 Beds For existing residents only. Maximum size of 70,000 square feet.
Club House/ Activity Center	±47,580 sf ± 39,034 sf (28 Apartment Units)	Eliminate square footages and allow up to 30 dwelling units	24 dwelling units Total combined area of 90,000 square feet	+3,386 Square Feet + 2 units	+3,386 Square Feet -4 units
Conservatory	19,657 sf	Remove exact square footage and add parking under building	Not less than 20,000 square feet and not greater than 30,000 square feet,	Size limit removed.	Provide for minimum & maximum size. Allow  parking under building

 

 

Village Tract Setbacks and Dimensions

 

 

Continuing Care Retirement Community Setbacks

CCRC Apartments And Clubhouse	Existing	Currently Proposed
Front Side Rear	Front: 20’ from BOC Side: 30’ each side Rear: 20’	Front: 0’ Side: 0 Rear: 0’

 

 

 

 

Continuing Care Retirement Community Building Height and Parking

Building Key	Existing Conditions	Currently Proposed	Net Change
Q	Activity Center – 2 stories	Activity Center up to 3 stories	+ 1 story
R	Conservatory – 2 stories	Conservatory – up to 3 stories with parking structure on lowest level. Maximum building height 30 feet.	+ 1 story
S	Assisted Living – 2 stories	“Health Care Facility” – up to 2 stories.	No height change
M, N, O and P	Buildings are sited above parking structures.  Each parking structure will accommodate 71 vehicles	Each parking structure will accommodate up to 80 vehicles, but may be less than 71.	Allows for +9 parking spaces and removes minimum requirements.
Clubhouse/Activity Center	2 stories	Up to 3 stories with possible parking under building	+ 1 story

 

 

Revisions Proposed to Existing Zoning Conditions and New Conditions

Existing Condition	Original Proposal	Current Proposal
Bank drive through lanes shall be placed on the side of the building.	No change to this specific language was proposed at the public hearing.  Staff recommended modifying the zoning condition to match Master Plan.	Drive though lanes shall be reviewed and determined during the site plan review process.
No condition regarding on-street parking	On-street parking may be provided on any private street on the site.	On-street parking may be provided on any private street on the site if approved by the Town of Cary during Site Plan Review
Bike racks shall be placed in the retail village	No change to this language was proposed at public hearing.  Staff recommended modification.	Bike racks shall be placed in accordance with Town of Cary LDO requirements.
Storm water discharge from this site shall not exceed the predevelopment discharge for the 10-year storm.	Applicant made a statement to Town Council that he intended to introduce a condition that would further address stormwater management.	Stormwater discharge from this site shall not exceed the predevelopment discharge for the 50-year storm.
Retail village including the hotel will provide not less than 85% of the UDO parking requirement.	Reductions to overall site parking proposed	Retail village including the hotel will provide not less than 85% of the LDO required Parking.  Residential use within the Village Tract shall meet parking LDO requirements  at 100%
The developer will be widening High House Road and constructing the median along the property frontage.  Thus the developer will enter into a developer’s agreement with the Town of Cary at the time of site plan approval for the CCRC Phase II or Village component.	Removed	Condition to remain as previously approved.
The developer of the CCRC and the developers of the retail/office property will be responsible for landscape planting and maintenance of the median in High House Road	Removed	Condition to remain as previously approved, but with the note added that  the owners of the CCRC Phase III and the Village Tract will be responsible for maintenance
An ingress/egress easement of between 50’ – 62’ for the on-site road will be added to the PUD document and will be recorded at the time of site plan approval.	An Ingress/Egress Easement of between 50’ – 62’ for Searstone Boulevard, Walker Stone Drive, Lilly Ridge Road and Winston Hill Drive will be added to the PDD document and will be recorded at the time of site plan approval.	Removed.  Roads will be required to meet Town of Cary design standards.
Healthcare accommodations, including assisted living and long-term care, will be constructed as demand requires after occupancy of the community.  The phasing or sequencing of healthcare construction will be based on actual demand and/or the actuarial characteristics of the resident population.	Healthcare accommodations, including assisted living and skilled care, will be constructed as demand requires after occupancy of the community.  The phasing or sequencing of healthcare construction will be based on actual demand and/ or the actuarial characteristics of the resident population.	No Change: Healthcare accommodations, including assisted living and skilled care, will be constructed as demand requires after occupancy of the community.  The phasing or sequencing of healthcare construction will be based on actual demand and/ or the actuarial characteristics of the resident population
Plan did not contain specific language to define age limits within the CCRC Community; however, Continuing Care Retirement Communities are defined regulated by the North Carolina Department of Insurance and fully intended to provide housing for an age restricted population.	Phase Three of the CCRC may be age restricted residential units (55 and older) as well as C.C.R.C. Units	No Change : Phase Three of the CCRC may be age restricted residential units (55 and older) as well as C.C.R.C. Units
		All buildings within the Village shall meet the Town of Cary Mixed Use Overlay District Design Guidelines.
No Zoning Condition was listed pertaining to exact building size; however, the master plan provided a conceptual image of building footprints and locations.	No single retail tenant on the Site will occupy more than 50,000 sf of space per floor.	The largest retail tenant shall  be limited to 45,000 square feet. The second largest retail tenant shall be limited to 40,000 square feet. All other retail tenants shall be limited to 35,000 square feet per tenant space.
		The full service intersection on High House Road shall align with the project to the north if that project is built before Searstone

 

 

Proposed Revisions to the Circulation Plan

Original Plan	Proposed at Public Hearing	Current Proposal
	The typical sections for the streets included under Circulation Plan dictate a 30” curb and gutter.  The applicant is requesting the ability to install 24” curb and gutter as an alternate.  The back of curb to back of curb dimension of all street sections will be maintained independent of which curb and gutter is used.	Plan will meet Town of Cary Design Standards
	The typical sections for the streets call for a 6 foot wide sidewalk.  The applicant requests the ability to install 5 foot sidewalks as an alternate.  The width of the ingress/egress easement will be maintained as currently approved.	Plan will meet Town of Cary Design Standards

 

Notes on Master Land Use Plan 

 

In the applicant also added the following notes to the master plan within the document.  Several of these are duplicated or restated as zoning conditions:

 

1. The ultimate layouts of the development proposed for each component of the site and the parcels or lots forming parts thereof, the exact alignments of streets, points of access, the configurations and placements of parking areas and the precise locations, heights and masses of buildings and parking decks to be constructed have not been determined.  As a consequence, the graphics which accompany this sheet are schematic in nature and are not to be considered as specific site development plans rather as preliminary graphic representations of the types and quality of development proposed for each component.

 

2. On-street parking may be provided on any private street on the site, if approved by the Town of Cary during site plan review.

 

3. The total number of ingress/egress points to Davis Drive and High House Road shall be limited to the number shown.  The exact locations may vary somewhat from those depicted based upon final design and location requirements as regulated by the NCDOT.

 

4. The streetscape along the site’s frontage on Davis Drive and High House Road shall be 20’ minimum in width.  Project design elements may be located within the streetscape along the site’s frontage in accordance with Mixed Use Overlay District Guidelines.

 

5. The setback between the village component and other SearsStone sites shall be zero (0) feet in width.

 

6. The site may be divided into separate lots.

 

7. Drive throughs may be included.

 

8. No single retail tenant on the site will occupy more than 45,000 square feet per tenant space for the largest and 40,000 square feet for the second largest retailer.  All other retail tenants are limited to 35,000 square feet per tenant space maximum.

 

9. The buildings located adjacent to Davis Drive and High House Road will not exceed 3-stories as measured from the plaza elevation or two-stories as measured from the street elevation (48 feet maximum from the plaza elevation.)

 

10. The buildings located internal to the site will not exceed 4 stories as measured from the Plaza elevation.  These buildings may have a level of parking underneath.  For all buildings located internal to the site, the maximum height is 60 feet as measured from the Plaza elevation.

 

TOWN COUNCIL Criteria for Consideration in Reviewing Rezonings and PDD’s:

 

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezonings:

 

1.             The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.             The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.             The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.             The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.             The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.             The proposed zoning classification is suitable for the subject property;

7.             The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8.             The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

 

 

 

Staff Analysis

 

Streetscapes, Buffers and Setbacks

Reductions to LDO buffer standards may be considered as part of a Planned Development District.  By applying Mixed Use Overlay Center design guidelines such as orienting the front of the building toward the street, and providing for pedestrian access, a reduction to the streetscape in front of the office and retail uses is reasonable. The applicant agreed with Staff’s recommendation to meet a minimum streetscape of 20 feet for along the Village Tract portion of the site. The residential portions of the project will not be less than 30 feet wide and will be planted to Type “A” opaque standards.  The applicant has demonstrated the intention to use landscaped berms with the approved site plan for the sales model in the CCRC tract, and has agreed to provide berms at least six feet tall along all the CCRC residential phases.

 

Transportation and Internal Circulation

During the PDD review process Staff advised the applicant that in light of the proposed increases within the Village Tract, the main throughway or “Village Street” needed to be direct with minimal parking and reduced turns. The applicant agreed to provide angled parking rather than the 90 degree parking proposed and is continuing to work with the Engineering Staff to ensure compliance with town standards. The applicant also agreed to remove all references to golf cart use within the Village Tract. Circulation Plans within the PDD document were revised to match the plans submitted for the traffic study and the requirement for roads to meet Town of Cary Design Standards and comply with Department of Transportation regulations has been conveyed to the applicant.  More in-depth review of the road design shall be conducted at the time of site plan review.

 

Pedestrian Connectivity

The applicant provided a pedestrian connectivity plan to illustrate pedestrian movement within the site. This plan proposes a connection at a signalized intersection to the Crosland property to the north where a Mixed Use Sketch Plan is proposed.  The pedestrian crossings at the two proposed signalized intersections will meet the DOT pedestrian crossing requirements. Studies have shown that pedestrian crossings that meet  DOT requirements are safer to cross than crossings designed with pavement treatments, because of the recognition by vehicular and pedestrian traffic.

 

Staff from the Parks, Recreation and Cultural Resources, Engineering, and Planning Departments met with the applicants for the Sears Farm PDD Amendment and Cornerstone MUSP proposal to discuss potential pedestrian connections and alternatives such as grade separated crossings. Staff determined that grade separated pedestrian connections were not a feasible alternative for these particular projects. There are certain engineering aspects of the tunnel that hinder a below grade crossing in this location. While placing a tunnel near the lowest elevation on the subject properties might be the easiest to construct, this would conflict with underground utilities.  Such a tunnel would have to go underneath utility lines, which would then put it below the creek level and be subject to regular flooding.  Putting the tunnel at a higher point would impact the proposed road network and proposed building locations on the site because of the need to also construct ramps to tunnel level.

 

While grade separation is desirable in certain locations with high pedestrian volume lit is unlikely that these sites will generate the volume of pedestrian traffic to justify such a crossing. There are also some site constraints that make grade separated crossing more difficult. The Maynard Road crossing of Black Creek Greenway at Godbold Park dealt with similar challenges.

 

Retail areas in Cary generate moderate pedestrian volumes. Even in this area, Cornerstone shopping center and Stonecreek Village generate limited pedestrian volumes and even lower cross development volumes. While Staff continues to encourage pedestrian activity, it is unlikely that the threshold for a grade separation will be met. For this category of streets, primary criteria for a grade separated crossings stipulates that the highest 4 hour volume exceeds 300 pedestrians. While certain natural greenway crossings may approach this future volume in Cary, no other locations approach satisfying this criteria.

 

Grade separated crossings would likely be located at one of two locations in the area. These locations are near the intersection of High House/Davis and near Turkey Creek. In the vicinity of Turkey Creek, topography lends itself to a tunnel under High House Road. A tunnel in this location is significantly complicated by utilities, which control the depth of the culvert, a floodplain than would frequently flood the area, environmental impacts/permits and the need to pump stormwater as the tunnel would be below the creek. At the intersection a tunnel would require significant excavation as this is the highest topography in the area. Long ramps or steps would be required to connect the tunnel to the surrounding buildings. ADA requirement dictate flat grades for wheelchair access that exaggerate the length of ramps. The alternative at this location is a bridge over. A bridge would also require ramps or steps and an elevator for ADA. Barriers would be needed to prevent objects from being thrown from the bridge at the cars below. Grade separations are expensive to construct, with the site constraints in this case the cost rise above typical installations.

 

Research indicates that 95% of the pedestrians will use a tunnel and 70% would use a bridge if the travel time were equal to the at grade option. However, virtually no pedestrians will use grade separated crossing if the travel time becomes 50% longer than crossing at grade. With long ramps, steps or elevators, the travel time increases greatly reducing the use of a grade separated crossing for this site. In addition, the plan, through the internal road layout and building placement required by the topography, also makes the travel distance to the High House/Davis grade separated crossing much longer. Likewise, the Turkey Creek location is well away from the active part of the site. Either will require a much longer walking distance to access the grade separated crossing. Even if a grade separated crossing were built at these locations with the site layout, the use would be low and the majority of the pedestrians would still cross at the traffic signals.

 

Safety is also a significant concern at pedestrian crossing locations. While separating pedestrians and vehicle traffic eliminates the vehicle/pedestrian conflict, grade signalized crossing are also very safe. Frequent perception is that major streets are the primary safety hazard for pedestrians. In Cary between 1998 and 2002, the probability of a pedestrian/vehicle crash in a parking lot is twice that of a major street. Even along major streets, the frequency of crashes decreases at signalized intersections. Other safety concerns exist for tunnels and bridge. With long entry points, the areas are not visible. Visibility is further decreased when the pedestrian volume is low. The sense of safety reduces greatly at night. While Cary continues to be a very safe community, vandalism has occurred in several of the greenway tunnels.

 

As part of Cary’s design principles for development within mixed use centers, it is important to conveniently connect uses and to crate a sense of place.  An at-grade pedestrian crossing, coupled with Sears Farm plan to encourage pedestrian activity within the Village Tract would meet these objectives.  

 

 

Land Use Analysis

 

According to the adopted Land Use plan, in a Community Mixed Use Center, the actual amounts of uses in a center will likely vary according to different circumstances. The land use plan state that typically such centers  will contain plus or minus 500,000 square feet of non-residential uses and normally look to achieve at least 1 multifamily unit per 1,000 square feet of non-residential floor space. Within a Regional Center plus or minus 1.5 million square feet of non-residential floor space is typical. Although, the square feet of non-residential are an important consideration, the types and intent of services are also elements that more clearly define a Community Center. 

 

The Sears Farm PDD sets limits on building height, and the maximum area permitted per individual tenants. Increases proposed for non residential use are compatible with the Land Use Plan.

 

Below is a table showing the amounts currently approved in the Cornerstone Community Mixed Use Center:

 

 

[1] There are currently 7.6 acres of vacant O&I zoned property.

[2] Continuing Care Retirement Community (CCRC) Age Restricted

[3] An assisted living facility based on need for existing residents is currently approved (The specific number of beds or building square feet was not specified)

 

Currently Sears Farm PDD has 153,100 square feet of non-residential use approved plus an assisted living facility for established residents.  The current PDD amendment asks for an increase of 31,900 square feet for non residential use and more clearly defines and sets limits on the size of the health care facility.  By having the Sears Farm PDD comply with Mixed Use overlay district design guidelines, establishing limits on building height, and setting a maximum square foot allowance for individual retail tenants, the increases proposed for non residential use are compatible with the Land Use Plan and maintain a balance of uses within the overall Cornerstone Community Mixed Use District.

 

 

Other Reference Information

 

Schools

Because the only residential use proposed in the Sears Farm PDD is age-restricted, there will be no impact on schools.

 

Feedback at the Planning and Zoning Board Meeting

 

A Second Public Hearing was conducted at the Planning and Zoning Board Meeting on June 18, 2007.  Keith Finn and Christopher Brooks were both recused from this case.  Hari Nath was excused from the meeting.

 

Staff explained that the applicant’s request to remove the proposed increase of 200 dwelling units just prior to the meeting could be considered during the Board’s deliberation since it had been received in writing prior to the meeting and did not create a more intense impact.  Staff reported that the applicant had met with the Engineering and Parks Recreation and Cultural Resources Staff and that there was support from those departments for revisions to the vehicular and pedistiran circulation plan.  Staff added that an adjustment was pending on the greenway location, but the applicant was willing to making the plan meet the Town’s requirements.

 

Mr. Sears remarked that the removal of the residential units was in response to the concerns expressed by adjacent property owners, and represented his desire to be a good neighbor. Mr. Sears, the project engineer and a number of future residents of Searstone spoke in favor of the project.

 

Traffic increases and the impact of road improvements were the primary concern expressed by citizens who opposed the project.  A number of citizens also expressed the belief that that the amount of square footage proposed for the overall Cornerstone Mixed Use Center exceeded the 500,000 square foot target by too great of a margin.  Some citizens asked for a reduction in the scale of the buildings and the building height.

 

Several Board members expressed appreciation to Mr. Sears for scaling back the project and responding to the feedback from adjacent property owners.  There was also disappointment expressed that removal of some of the requested amendments such as having opportunities for workers to live on the site and having the medical facility open to the general public represented  a missed opportunity for the surrounding community.

 

One Board Member asked if an above grade pedestrian crossing could be considered for this project.  Staff referenced the feedback from the Town’s Engineering and Police Departments that recommended an at-grade crossing.

 

Planning and Zoning Board Findings

 

The Planning and Zoning Board recommended the amendment for approval 5 to 1. No explanation was offered by the Board Member who voted against the request.

 

 

 

Ordinance for Consideration:

06-REZ-31 Sears Farm PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 75.24 ACRES LOCATED along High House Road and Davis Drive owned by Sears Farm, LLC FROM Sears Farm Planned Development District TO Pdd Amendment. 

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

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):  

Parcel and Owner Information
Property Owners	County Parcel Numbers (Pin 10)	Real Estate ID’s	Acres ±
Sears Farm LLC 1142 Executive Circle, Suite D Cary, NC 27511	0744515979 0744613580 0744620097 0744638111	0342712 0068092 0342711 0110707	1.50± 45.17± 24.00±   4.57±
Total Acreage			75.24 ±

 

 

Section 2:  That the Property is rezoned from Sears Farm PDD to Sears Farm PDD Amendment subject to the conditions set forth herein and in the Master Plan dated May 11, 2006 (and all supporting plans), which is attached hereto and incorporated herein by reference, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.  

OPT (to reflect changes made at council): 

 

Section 3:  At the direction of the Town Council, The Master Plan shall incorporate the following changes:  The maximum square footage for retail use is capped at 125,000 square feet.  The largest retail tenant shall not exceed 35,000 square feet.  The second largest retail tenant shall not exceed 25,000 square feet.  All other retail tenants shall not exceed 20,000 square feet.

 

Section 4:  This ordinance shall be effective upon adoption but the PDD and Master Plan shall not become effective until applicant has submitted to the Planning Department of a copy of the Master Plan and all supporting plans incorporating all changes, if any that were required as conditions of approval and such additional information as the Town Council may have required as a condition of approval.

 

Adopted and effective:  July 26, 2007

 

Ernest F. McAlister Mayor		Date