Town of Cary , North Carolina
Rezoning Staff Report
09-REZ-11 – Silverton PDD Amendment
Planning and Zoning Board Meeting
April 19, 2010

Consideration of proposed amendments to the existing Silverton Planned Development District (PDD) development standards to revise the allowable and restricted uses; to restrict access movements; to restrict signage on the site; and to add new conditions in association with the requested Mixed Use Sketch Plan (09-MU-002) for the same site.

NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml.

Property Owner(s)	Wake County Parcel Number (10-digit)	Real Estate ID(s)	Deeded Acreage
Singh V, LLC 7125 Orchard Lake Road, Suite 200 West Bloomfield, MI 48322	0755912461	0148766	19.23
Total Area			19.23

The proposed PDD amendment is designed to modify the allowable uses in a portion of the existing Silverton PDD and to add new conditions in association with the requested Mixed Use Sketch Plan (09-MU-002) for the same site.

Streams: According to correspondence from the NC Division of Water Quality provided by the applicant, there are no streams subject to regulation on the subject parcel.

Floodplain: According to the Town of Cary’s GIS maps, there is no floodplain or flood hazard area on the property. More definitive determinations would be made at the time of site plan submittal based on the existing conditions at that time.

Wetlands: According to correspondence from the US Army Corps of Engineers provided by the applicant, there are no jurisdictional wetlands on the subject property.

Topography: The property drops in elevation approximately 70 feet from Evans Road toward the intersection of Winfair Drive and Northwest Cary Parkway.

Surrounding Land Uses:
North - Office and daycare uses – both on the opposite side of Evans Road
South - Silver Oaks single-family subdivision on the opposite side of Winfair Drive
East - Silver Oaks single-family subdivision on the opposite side of Winfair Drive
West - Vacant property (an office/light industrial parcel of the Silverton PDD) on the opposite side of Northwest Cary Parkway

Land Use Plan
This rezoning request is in compliance with the Land Use Plan, a volume of the Town’s Comprehensive Plan. The current land use plan designation for the subject property is Commercial (COM). This site is also located within the Silverton Neighborhood Mixed Use Center. In neighborhood mixed use centers, commercial land uses are those uses necessary to support the day-to-day demands of the surrounding neighborhood for goods, for services, and for facilities. Being within a mixed use center also broadens the scope of allowed uses to include and encourage a mix of commercial, office, and residential uses.

Parks, Recreation, and Cultural Resources Facility Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan, there are no issues related to this site. A recreation payment-in-lieu may be due for residential development in accordance with the Land Development Ordinance.

Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that are relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

3. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encouraged desired forms of development.

4. Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.

The proposed development is located in an area designated in the Land Use Plan as a mixed-use Neighborhood Activity Center. The area is also zoned Mixed Use Overlay District. As such, it is a preferred-growth area where higher-intensity development is intended to be concentrated, with a higher-intensity mix of housing, office, and commercial development. The property is not currently within the Town’s corporate limits; however, the development would be annexed and utilities provided to the property during the development process.

Affordable Housing Plan
The following principles of the Affordable Housing Plan are applicable to this case:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

3. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.

4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

The proposed case includes 198 multifamily housing units, located within the Silverton mixed-use Neighborhood Activity Center. This should help to advance the first and third housing principle listed above, especially since the housing will be intermixed with some retail and office, and located on a C-Tran transit route. Further, the activity center is located within convenient distance of a number of employment destinations on Evans Road and in the nearby Weston area. While there is no guarantee that the housing will conform to official affordability criteria, there may be a somewhat greater chance that the proposed multifamily housing might be more affordable than other housing products. The above principles are provided for reference only and should not be construed as a commitment that the development would provide affordable housing.

Comprehensive Transportation Plan
Northwest Cary Parkway is classified as a Major Thoroughfare.
Existing Section: 4-lane, median-divided (transitioning from 4-lane, median-divided to the 2-lane, undivided section north of the site)
Future Section: 4-lane, median-divided
Sidewalks: Existing on eastern side; future sidewalk on western side
Bicycle Facilities: Wide outside lanes
Transit Facilities: A transit stop is proposed for Northwest Cary Parkway, approximately 150 feet south of Evans Road as part of the associated MUSP (09-MU-002).
Status of Planned Improvements: No improvements required at this time

Evans Road is classified as a Major Thoroughfare.
Existing Section: 4-lane, undivided
Future Section: 6-lane, median-divided
Sidewalks: Existing on both sides; no improvements required
Bicycle Facilities: Wide outside lanes
Transit Facilities: No facilities required for Evans Road
Status of Planned Improvements: The widening to one half of the 6-lane section and the construction of the median are to be done with site plans associated with the associated MUSP (09-MU-002).

Winfair Drive is classified as a Collector Avenue.
Existing Section: 2-lane, undivided
Future Section: 2-lane, undivided
Sidewalks: Required on both sides; existing sidewalk on north side
Bicycle Facilities: 4-foot bicycle lanes
Transit Facilities: No facilities required for Winfair Drive
Status of Planned Improvements: Striping of centerline and bike lanes is to be done with site plans associated with the associated MUSP (09-MU-002).

Open Space and Historic Resources Plan
The Open Space Plan and its priority open space inventory identify portions of the case area as having some significant natural resources. These natural resource areas are located on the western third of the site, and consist of mixed upland hardwoods.

Adequate Public Facilities (Traffic)
A traffic analysis (09-TAR-315) was conducted for this mixed use sketch plan analyzing 198 multi-family dwelling units; 16,100 square feet of office floor space; 16,800 square feet of shopping center floor space; and 12,200 square feet of restaurant floor space. The proposed development would be expected to have an impact on the adjacent roadways, and the following mitigations are required to meet the Adequate Public Facilities Ordinance (APFO):

Access #1 (across from Pebble Ridge Farms Court): construct the southbound approach to provide one ingress lane and one egress lane (shared right/thru lane); construct an additional lane on the eastbound approach (Winfair Drive) and stripe the roadway to provide for an exclusive left turn and shared right/thru lane; and provide signage on the southbound approach to prohibit left-turn movements out of the site.

Access #2 (Right-in/Right-out (RI/RO) off Northwest Cary Parkway): construct the northbound approach to provide one ingress lane and one egress lane to form a right-in/right-out access; and widen northbound Northwest Cary Parkway to provide a right-turn lane with 100 feet of storage for this access.

Access #3 (RI/RO off Evans Road): construct the eastbound approach to provide one ingress lane and one egress lane to form a right-in/right-out access; stripe the required widening of Evans Road to provide an exclusive right-turn lane along southbound Evans Road with at least 150 feet of storage; and construct a concrete median in front of this access to enhance access control.

Access #4 (across from swim club access): construct the southbound approach to provide one ingress and one egress lane (shared left/thru lane); stripe the required widening of Winfair Drive to provide an exclusive right-turn lane westbound along Winfair; and provide signage on the southbound approach to prohibit right-turn movements out of the site

Northwest Cary Parkway and Winfair Drive Intersection: re-stripe the westbound approach at this location to provide for an exclusive left-turn and an exclusive right-turn lane. Traffic should be monitored at this location for the possibility of signalization in the future.

Evans Road and Winfair/Windbyrne Drive intersection: restrict both the eastbound (Winfair Drive) and westbound (Windbyrne Drive) approaches to right-turn movements only through the installation of a left-over-style median on Evans Road; construct two additional lanes on the southbound Evans Road approach resulting in an exclusive left-turn lane (with at least 75 feet of storage), two through lanes, and an exclusive right-turn lane (with at least 150 feet of storage); and construct a left-turn lane on the northbound Evans Road approach with at least 150 feet of storage.

Northwest Cary Parkway and Norwell Boulevard/Silverrock Court intersection: conduct a signal warrant analysis to determine if a signal should be installed at this location. If the intersection meets the signal warrants, the signal design and installation would be the responsibility of the applicant.

Outside of the requirements of the APFO, the traffic consultant commented on the restricted site accesses located on Winfair Drive, which were requested by the applicant and analyzed by MAB (the traffic consultant) as requested. MAB felt that these restrictions would be difficult to enforce and are not recommended, continuing to say that full-access would be preferable for circulation purposes. The turn restrictions would achieve a trip reduction along Winfair Drive, but would result in increased trips along the adjacent thoroughfares – Evans Road and Northwest Cary Parkway. If the development is constructed with the restrictions in place as proposed, it would be critical that the site be interconnected.

Buffers and Streetscapes
The proposed site is completely surrounded by roadways; therefore, there are no perimeter buffers required for the project. The Silverton PDD requires a 50-foot-wide streetscape along Winfair Drive that would be supplemented to a Type A (opaque) buffer standard. This streetscape would remain undisturbed, with the exception of land disturbances allowed by the LDO (e.g. driveways, utilities, etc.). The streetscapes along Evans Road and Northwest Cary Parkway would be subject to the LDO requirements at the time of development plan submittal.

The applicant has withdrawn the original condition requesting a reduced streetscape width along both Evans Road and Northwest Cary Parkway. This withdrawal removes all reference to streetscapes from this portion of the PDD, thereby requiring that development be regulated by the applicable streetscape requirements of the LDO at the time of a development plan’s submittal.

Neighborhood Meeting
Neighborhood meetings were held on December 16, 2008; February 17, 2009; June 24, 2009; and July 27, 2009.

Notification
On August 24, 2009 the Planning Department mailed notification of a public hearing on the request to property owners within 400 feet of the subject property. Notification consistent with General Statutes was published in the Cary News on August 26, 2009 and September 2, 2009. Notice of the public hearing was posted on the property August 28, 2009.

Town Council Public Hearing
At the September 10, 2009 public hearing, several citizens spoke about their support for the proposed plan but indicated that there were concerns that remained unaddressed. The two principal topics covered were the proposed traffic mitigation for the Winfair Drive and Evans Road intersection and the inclusion of full-service entrances along Winfair Drive. Speakers also brought up the topic of pedestrian connectivity in the area.

On-line Public Feedback
In addition to speaking at community meetings and public hearings, citizens may also use the associated "Public Comment" page to share their opinions and concerns.

Click here to view comments received so far.

The feedback among the respondents continues to trend toward a relatively even distribution between expressions of support, of neutrality, and of opposition for the various aspects of the project. There are three aspects to which this trend does not appear to apply. School capacity and water/sewer capacity show that the majority of respondents (62%) are not overly concerned about these aspects. Road and/or pedestrian connectivity shows that most respondents (85%) are concerned about this aspect. This observation is supported by both the predominance of text comments related to traffic and related to the proposed mitigations to the Winfair Drive/Evans Road intersection. Additional comments that appear regularly are related to building height, to the lack of commercial floor space, and to the density of residential units proposed.

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

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

The proposed zoning would modify the underlying PDD to allow the applicant to take advantage of the Mixed Use Overlay District, which did not exist at the time the original Silverton PDD was approved. This would make the development of the parcel more consistent with the Land Use Plan, which designates the intersection as a mixed use center.

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

The rezoning is generally consistent with the Comprehensive Plan and all other adopted plans and policies in relation to land use.

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;

The property is surrounded by the Town’s corporate limits and adequate infrastructure is available to serve the proposed 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;

The proposed rezoning would not increase the foreseeable impacts to the environment beyond those allowable under the existing zoning. The proposed use restrictions would potentially limit some of the more intense uses that would be permitted utilizing the base zoning.

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

The proposed rezoning includes restrictions on signage, construction traffic, and allowable uses to address compatibility with surrounding properties.

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

The proposed amendment introduces additional land uses for this parcel, which was previously designated for commercial uses. This is consistent with the Land Use Plan designation as a mixed use Neighborhood Activity Center.

Assigned Schools	20th Day Enrollment1	Permanent Seating Capacity	Average Percent Occupied	Projected Number of Additional Students2
Northwoods Elementary	570	591	96%	26
West Cary Middle	1139	1104	103%	16
Cary High	1751	2243	78%	11
1 Current Enrollment and Building Capacity is based on the 20th day of the school year for 2008-2009 as supplied by the Wake County Public School System. School assignment will be determined at the time of development.
2 The Projected Number of Additional Students is a rough approximation. The actual number of students will vary depending on variables, such as the number of bedrooms, dwelling size, and other factors. The basis for these calculations is the multipliers provided by the Wake County Schools Office of Student Assignment.

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) and do not necessarily represent the views or opinions of the Town of Cary. Any statements as to the type, the quality, or the physical features are at the direction of the applicant and may be formulated into a condition:

1. Any issues with the size of the tract?
The physical characteristics of the property are suitable for the proposed mixed use development.

2. How is the request compatible with the comprehensive plan (i.e., Land Use, Transportation, Open Space and Historic Resources)?
The Comprehensive Plan calls for Commercial within a Neighborhood Activity Center. This request is adhering to the Comprehensive Plan by providing all components of a Neighborhood Activity Center. By definition, Neighborhood Activity Centers contain the highest concentration of activities in the core area with a gradual transition out towards lower density uses. This is evident in the project design where the proposed commercial uses on the tract are located on the front on the tract adjacent to major thoroughfares and the townhomes provide an excellent transition between those uses and the existing neighborhood along Winfair Drive.

3. What are the benefits and detriments to the owner, neighbors and the community?
The Neighborhood Activity Center gives the owner an ample tool to produce an appropriate development. Existing residents will be provided with services and entertainment within walking distance. Silverton will still be preserved as an established neighborhood through landscaped and natural buffers. Stormwater management will meet code requirements and the quality of this development will make this corner a vibrant part of Silverton.

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?
Neighborhood Activity Centers were created to support the surrounding neighborhood. The build out of this project will provide services to the existing neighbors in the manner that NAC’s [sic] are meant to function. The residential uses included in this project provide another housing option for the Silverton PDD and provide a transition between commercial and existing residential.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.
Note: The following statement is no longer applicable, as the proposed MUSP now includes the required 30-foot-wide streetscapes on both Northwest Cary Parkway and Evans Road.

The Silverton PDD was created prior to the introduction of Neighborhood Activity Centers. Originally, a 30-foot streetscape was put in place on the subject parcel along Cary Parkway as well as Evans Road. However, the Town of Cary Neighborhood Activity Center Guidelines clearly state “limit using buffers to separate neighborhood scale commercial and office uses from residential uses.” Therefore, a PDD amendment is justified in order to bring this parcel into compliance with Neighborhood Activity Center Guidelines.

ORDINANCE FOR CONSIDERATION

09-REZ-11 Silverton PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 19.23 ACRES LOCATED AT THE SOUTHERN QUADRANT OF THE INTERSECTION OF NORTHWEST CARY PARKWAY AND EVANS ROAD OWNED BY SINGH V, LLC, BY AMENDING THE SILVERTON PLANNED DEVELOPMENT DISTRICT AS OUTLINED IN THE CONDITIONS BELOW.

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

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

PARCEL & OWNER INFORMATION

Property Owner(s)	Wake County Parcel Identification Number (10-digit)	Real Estate ID(s)	Deeded Acreage
Singh V, LLC 7125 Orchard Lake Road, Suite 200 West Bloomfield, MI 48322	0755912461	0148766	19.23
Total Acres			19.23

Section 2: That the Silverton Planned Development District is amended subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3: The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

1. A 50-foot buffer will be maintained along Winfair Drive and disturbances will be limited to those permitted by the LDO.

2. The site will contain a maximum of 198 residential units and associated residential clubhouse amenity not to exceed 8,000 square feet. The site will also contain a maximum of 45,100 square feet of non-residential space.

3. Prohibited Uses are: dormitories, cemeteries, public utility stations, utility sub stations, hospital, public athletic fields, radio or television broadcasting studios, electrical facilities, transportation facilities, indoor and outdoor kennels, veterinary hospitals with outdoor kennels, hotel or motel, car washes, auto sales and rentals, sexually oriented businesses, vehicle filling stations, vehicle services, telecommunications facility, outdoor storage, and funeral homes. No more than two drive-thrus shall be permitted on the property.

4. Subject to NCDOT and Town of Cary approval, a temporary construction access road will be constructed with access from Northwest Cary Parkway or Evans Road for all construction related vehicles.

5. There shall be no project identification signage for the Mixed-Use Development installed within 250 feet of the centerline of Winfair Drive at both the intersection with Northwest Cary Parkway and Evans Road.

These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

Section 4: This ordinance shall be effective on the date of adoption.

Adopted and effective: DATE

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Harold Weinbrecht, Jr.
Mayor



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Date