D.   PUBLIC HEARINGS

1.   Activity Center Concept Plan 05-AC-004 / Land Use Plan Amendment 05-LPA-04 (Wrennwood)
Property is located in the southwest corner of the intersection of Kildaire Farm Road and Wrenn Drive and contains 5.37 acres. The plan will provide a pharmacy containing approximately 14,820 square feet and another 26,000 square feet of general retail development. The current land use plan designation is High Density Residential; the proposed land use plan designation is Commercial. The council continued the public hearing from the June 9, 2005 council meeting. The applicant has submitted a letter requesting another continuance to the August 11, 2005 council meeting. Council may continue this public hearing to the August 11, 2005 council meeting. (Mr. Bob Benfield)

ACTION: Mrs. Robison moved to continue this public hearing to the August 11, 2005 council meeting. Ms. Dorrel provided the second. Council granted unanimous approval.

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2.   Rezoning 05-REZ-13 (Macedonia Village Planned Development District Amendment)
The property is located approximately 2,300 feet northwest of the intersection of Walnut Street and Tryon Road and contains 7.55 acres. The request is to amend the current zoning conditions to eliminate the language limiting Tract C to age restricted housing only and to eliminate the language pertaining to the north-south collector road. The council continued the public hearing from the June 9, 2005 council meeting. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Ms. Juliet Andes)

Summary of request:  This request is to amend the existing Macedonia Village Planned Development District in order to add an option of single family attached residential to Tract C as alternate use, remove language that requires Tract C to be limited to retirement and or assisted dependent living units, and to remove a general condition that mandates construction of a north-south collector roadway. 

LOCATION OF PROPERTY:  Tryon Road and Piney Plains Road

APPLICANT: Qwest Properties, LLC

130 Edinburgh (South)

Suite 204

Cary , NC 27511

REQUESTED LAND DEVELOPMENT PROPOSAL

This request is to amend the existing Macedonia Village Planned Development District in order to add an option of single family attached residential to Tract C as alternate use, remove language that requires Tract C to be limited to retirement and or assisted dependent living units, and to remove a general condition that mandates construction of a north-south collector roadway. 

TOWN OF CARY

CASE MANAGER:  Travis Morehead, Principal Planner

Phone: (919) 465-4610

E-mail:  travis.morehead@townofcary.org

MEETING SCHEDULE: 

TOWN COUNCIL PUBLIC HEARING – June 9, 2005

Staff Recommendation:  Continue the public hearing until July 28, 2005 .

Action: The Town Council continued the public hearing until July, 28 2005 .  The continuance was necessary because the applicant modified this request in order to allow single family residential as a permitted use. 

TOWN COUNCIL PUBLIC HEARING – July 28, 2005

Staff Recommendation:  Following the pubic hearing, staff would recommend forwarding this request to the August 15, 2005 Planning and Zoning Board Meeting.

ZONING: 

    Current:  Planned Development District (PDD) Minor
    Proposed:  Planned Development District (PDD) Minor

APPLICANT’S JUSTIFICATION STATEMENT ( April 25, 2005 ):  This request is to make minor revisions to the existing Macedonia Village PDD.  The first request is to eliminate the age restricted requirement for Tract C.  The second request is to eliminate the north-south collector road with respect to offsite improvements.

The Macedonia Village PDD was approved by the Town Council in 1998.  Since that time, changes have occurred in the Town’s policies and practices.  These two revisions are in keeping with current policies and practices in place at the present time. 

TOWN OF CARY LAND USE PLAN DESIGNATION:  

Current:  Medium to High Density Residential (HDR); or Mixed Use (MXD) if the tract were to be incorporated into the overall Activity Center Concept Plan for the Tryon Village Community Activity Center Concept Plan.

Proposed:  No change.

This request is in compliance with the Land Use Plan.  No Land Use Plan Amendment is required.

ONING & LAND USES

ADJACENT ZONING & LAND USES:

North:

Existing Use:  Vacant

Existing Zoning:  Planned Development District (PDD) Major

Existing Land Use Plan Designation:  Medium Density Residential (MDR) and Office/Institutional (OFC/INS)

East:

Existing Use:  Vacant

Existing Zoning: Residential 40 (R-40) with an Activity Center Overlay

Existing Land Use Plan Designation:  Mixed Use (MXD) and Parks (PKS)

South:

      Existing Use:  Permanent Open Space

      Existing Zoning: Planned Development District (PDD) Major

 Existing Land Use Plan Designation:  Office/Institutional (OFC/INS), Parks (PKS), and Low
 Density Residential (LDR)

West:

      Existing Use:  Vacant

      Existing Zoning:  Planned Development District (PDD) Major

Existing Land Use Plan Designation:  Office/Institutional (OFC/INS), Medium Density Residential (MDR), Institutional (INS), and High Density Residential (HDR)

Parks & Greenways:  There are no additional parks or greenways comments related to this amendment according to the Parks, Recreation and Cultural Resources Facilities Master Plan.

Traffic Impact Analysis:  Traffic Impact Study has been completed by the Town Traffic Consultant – Stantec as part of the Tryon Village Traffic Impact Analysis (TIA). The results were that all signalized intersections and site driveways operate at level of service “D” or better. No additional improvements are required beyond the requirements of the Comprehensive Transportation Plan.

Reference Information:

Schools:   The school information is being provided for your review, however, the Wake County Board of Education controls capital projects for school capacities.

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2004 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors.

Development Plan Issues: 

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. 

Staff’s power point presentation is attached to and incorporated in these minutes as Exhibit B. Refer to the June 9, 2005 council meeting minutes for the planned development document.

No one came forward to speak, and Mayor McAlister closed the public hearing.

Mayor Pro Tem Smith questioned the change in density and asked if more units are now being allowed. Ms. Juliet Andes on the planning department stated this request is consistent with the land use plan. The applicant is asking to remove the AR (age restricted) designation and add an option for single family attached townhomes (42 total). If approved, they would either construct the original 125 multi-family units OR the 42 townhomes.

ACTION: Mr. Joyce moved to forward this item to the Planning and Zoning Board meeting ( August 15, 2005 ). Mrs. Robinson provided the second, and council granted unanimous approval.

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3.   Comprehensive Plan Amendment for the area known as Carpenter, 05-LPA-06
Consideration of a proposal by the Town of Cary to amend Cary ’s long-range Comprehensive Plan for the Carpenter area, covering an area of approximately 499 acres in the vicinity of the Morrisville Carpenter Road and Carpenter Upchurch Road intersection. The proposed Carpenter Community Plan includes an area that is approximately bounded by N.C. Highway 55 in the west and Louis Stephens Drive and Koppers Road in the east, and from approximately Morrisville Parkway in the south to the future McCrimmon Parkway extension in the north. The proposed Plan includes recommendations for future land uses, roadways, parks, and greenways. Council may forward this item to the August 15, 2005 Planning and Zoning Board meeting. (Mr. Don Belk)

Background:  The Carpenter Community Plan (CCP) is a master plan for approximately 475 acres (0.74 square miles) in the northwestern portion of Cary ’s planning area (see location map ).  The Plan fulfills an implementation recommendation contained in the 2002 Northwest Area Plan (NWAP).  This plan constitutes an amendment to the NWAP, as well as to the Town of Cary Land Use Plan , Comprehensive Transportation Plan, and the Parks, Recreation, and Cultural Resources Facilities Master Plan.  The Carpenter community, located in the vicinity of Carpenter-Upchurch and Morrisville-Carpenter Roads, has been a distinctive crossroads community since the 19^th century, and has long been a place of special interest to the surrounding area. 

The goal of the Carpenter Community Plan is to make the Carpenter area a unique regional destination and a highly attractive place to live, work, and recreate.  The land use recommendations of this plan are centered on this principle objective.  A Carpenter Community Plan document accompanies the land use map. 

Key Elements of the Plan: 

Establishment of a Rural Village.  The Rural Village is the centerpiece of the Carpenter Area Plan.  This Mixed Use (MXD) area represents a new type of activity center for Cary : smaller in scope than a traditional Neighborhood Activity Center (NAC), but one that contains diverse uses, housing types, and in the case of Carpenter, the significant historic resources of a National Register Historic District. The Rural Village will contain most of the non-residential uses within the Carpenter area, along with the corridor between NC-55 and the railroad.  As a follow-on implementation recommendation of this Plan, special design guidelines will be created for new development within the Rural Village .  Use of these guidelines will further enhance the historic qualities and uniqueness of Carpenter, and provide incentives for preserving the historic architectural resources of the community, while also allowing for creative and sensitive infill development to occur.

Predominance of Residential Uses.   Low Density Residential (LDR) and Medium Density Residential (MDR) uses are the predominant categories in the Carpenter Community Plan.  To preserve the traditional rural character of the area, the Plan recommends retaining the farm ponds that are prevalent there today.  Along with stream buffers, these ponds will create a pastoral setting for new residential development.

Special Treatments along Collectors and Thoroughfares.  Segments of certain collectors and thoroughfares within the Plan area will be constructed to create a ‘rural character’ to the road as you approach the Rural Village .  Sections of Morrisville-Carpenter Road and Good Hope Church Road will be constructed at the ‘Rural Thoroughfare’ standard specified in the Southwest Area Plan.  A key feature of the Carpenter Community Plan is the ‘wildflower buffer’, a 100’ wide corridor of plantings along Morrisville-Carpenter Road and Good Hope Church Road that will create a larger road setback and a more ‘open’ visual experience along these roads.  The buffer also helps preserve the rural character and ‘feel’ of the area, and attempts to keep historic structures within their original context.  The buffer may be enhanced by plantings of native trees and shrubs, and includes an opaque hedgerow at the outer edge of the buffer to screen new development behind it.  Multi-use paths and greenways would meander through the wildflower buffer. 

Greenways and Parks. The Carpenter Community Plan recommends three parks for the area: expanding the existing Ruritan Park to create a Rural Village Park ; an adjoining Trailhead Park ; and a conventional Neighborhood Park to be located in the northern half of the Plan area.  The Trailhead Park will serve as a terminus amenity and destination point where four open space/greenway corridors converge:  Kitt Creek, Nancy Branch, Morris Branch, and Panther Creek greenway trails.  The Trailhead Park will also provide greenway/pedestrian connectivity to the NC-55 multi-use path and other greenways and sidewalks throughout the Plan area. 

Implementation Recommendations.  The Carpenter Community Plan lists 10   recommendations for implementing its goals and objectives, including the following:

§          Prepare Design Guidelines for the Rural Village;

§          Develop a Town-initiated Activity Center Concept Plan for the Rural Village ;

§          Establish an Activity Center Overlay District for the Rural Village;

§          Develop a set of incentives for open space and historic resource preservation;

§          Explore public/private partnerships for the recommended parkland acquisitions.

Public Input and Involvement: Work on the Carpenter Community Plan began in early 2004 based on guidance from Town Council regarding project priorities in implementing the recommendations of the Northwest Area Plan.  Jerry Turner and Associates and Elam Todd d’Ambrosi (ETd) assisted the Town staff in the development of the Plan.  To garner stakeholder input to the planning process, three community ‘open houses’ were held in the area, in March and October 2004, and in April 2005.  The open houses were well-attended by both long-term residents of Carpenter as well as neighborhoods from the surrounding area.  While some generational landowners are interested in preserving heritage, others are interested in pursuing development opportunities. Residents living outside of the study area indicated a strong interest in the transportation network as well as preservation. The final plan has been formulated and based on this broad community input, and reflects the community’s concerns and preferences for preservation of the Carpenter crossroads core area, creation of a pedestrian oriented village center area, and low density housing.  Officials of the State Historic Preservation Office also commented on the draft.   

Staff Recommendation:  Following the public hearing, Staff recommends that this Comprehensive Plan amendment to create the Carpenter Community Plan be referred to the August 15 Planning and Zoning Board meeting for review.

Staff’s power point presentation is attached to and incorporated in these minutes as Exhibit C. The plan document and map is attached to and incorporated in these minutes as Exhibit D.

Mr. Russ Tompkins respects the effort that has gone into the plan. He resides at the west side of the Carpenter Village , and the rural area is what attracted him to this area. He is against the destruction of the pond, which is a beautiful rural feature that adds to the character of the entire area.

Mr. Greg Cochran referred to note #2 on the plan, which indicates the pond should be preserved and not drained. He concurred with this statement and does not want the pond to be drained.

Mr. Joel Carpenter stated he looks forward to having a guideline for the development of this community. His family has been in this area since 1790, and he welcomes the chance for the positive guidelines.

Ms. Claudia Brown of the state preservation office stated her office has a long-standing history with the Carpenter community. This is one of five rural historic districts in Wake County . She stated the east end contains the most complete farm communities, but all are tied together by the agricultural landscape. She stated this area has been altered over time. She urged council to adopt a plan to guide development to preserve the character of the area so that the historic character will not be lost over time.

Mr. Jeff Adolphsen of the state preservation office made the following suggestions. The 100 foot buffer should be increased in several locations so the historic farm locations can be maintained as a whole (i.e., such as the Butts farm and the Howard farm). The Ferrell farm should be included in the plan. The 100 foot buffer on the south side of Morrisville Carpenter Road should be extended east of Louis Stephens Drive in order to preserve the open space at all four corners of the intersection and protect the historic view of the rural area when approaching from the east. Owners of historic buildings should investigate the possibility of rehabilitating these buildings by using historic preservation tax credits. If the property owners do not want to rehabilitate these buildings themselves, then they may be interested in selling or leasing these buildings through preservation groups. He encouraged the property onwers to consider landmarking their buildings to provide another layer of protection. He recommends that a viewshed study be undertaken to determine key locations for groups of plantings and possibly deeper setbacks from Morrisville Carpenter Road to preserve the historic views. He asked that height limits be investigated on the north side of Morrisville Carpenter Road . He recommends against bridging of Morrisville Carpenter Road over the railroad tracks, because it will be an intrusion into the historic district. For the rural village designation, he suggested that sites for future development should be carefully considered and demarcated on the proposed rural village plan. Parking within the rural village should be accommodated at the historic locations in front of the buildings they serve with overflow parking accommodated within the center of the block and behind the commercial buildings. He stated accessible parking spaces and walks should utilize soil consolidates in existing soil instead of concrete, asphalt, brick or wood, which will also help preserve the historic character. Street widths within the commercial core should not be widened; any new drives or roads behind the structure should also be narrow, possibly accessing the parking lots with one-way streets. He asked that council look forward at Green Level, which is one of the other four rural historic districts for the county to take positive actions for the planning of this area.

No one else came forward to speak, and Mayor McAlister closed the public hearing.

ACTION: Referred to the August 15, 2005 Planning and Zoning Board meeting

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4.   Rezoning 05-REZ-16 (Hatcher/Carpenter Planned Development District)
The property is located 300 feet east of Carpenter Upchurch Road, south of April Bloom Lane, and west of the Carpenter Village Planned Development District. The request is to amend the zoning from Residential 40 (R-40) to Planned Development District (PDD) Major on a 23.6 acre tract.  The proposed development includes single family detached residential uses, mixed residential uses, and mixed residential, office, and commercial uses. Council may forward this to the August 15, 2005 Planning and Zoning Board meeting. (Mr. Don Belk)

Summary of request:  The request is to amend the zoning from Residential 40 (R-40) to Planned Development District (PDD) Major on a 23.6 acre tract.  The proposed development includes single family    detached residential uses, mixed residential uses, and mixed residential, office, and commercial uses.

LOCATION OF PROPERTY:   East of Carpenter Upchurch Road, south of Morrisville Carpenter Road

APPLICANT:  Glenda Toppe

Jerry Turner and Associates, Inc.

905 Jones Franklin Road

Raleigh , NC 27606

FAX (919) 851-7547

E-mail:  gtoppe@jerryturnerassoc.com   

REQUESTED LAND DEVELOPMENT PROPOSAL  

The Carpenter/Hatcher Planned Development District (PDD) is a residential and mixed-use development.  The uses planned for the PDD include single-family detached residential uses, mixed residential uses, and mixed commercial/office/residential uses.  The mixed-residential uses include patio homes, townhomes and condominiums.  A total of 89 residential units and up to 14,000 square feet of commercial offices uses are planned.