F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

1.   Rezoning 04-REZ-31 (Trinity Ridge)
The property is located south of Old Trinity Road, west of and adjacent to the Thomas Bradshaw Freeway (I-40) and contains 48.87 acres. Current zoning is Residential-40; proposed zoning is Transitional Residential Conditional Use. The council tabled this item at the June 23, 2005 council meeting. Council may vote to remove this item from the table, and after discussion may take action. (Mr. Bob Benfield)

STAFF RECOMMENDATION

Staff recommends approval of the request.  The request was reviewed for compliance with the criteria established in Sec. 3.4.1(E) of the Land Development Ordinance and was found to meet the criteria outlined, as follows:

• The request is consistent with the Comprehensive Plan.  The plans proposed no more than approximately 2.02 dwelling units per acre.  This proposal for Low Density Residential development complies with the Land Use Plan.
• Adequate public services are available.  There are services available to the area, and the addition of up to ninety-eight (98) single family residences will not unduly tax the delivery of those services.
• The proposed rezoning is unlikely to have significant adverse impacts on the environment.  Approximately 30% of the property would be left undisturbed due to stream buffers and open space requirements.  Initial clearing would only be for roadways and utility extensions onto the property.
• The proposed rezoning will not have significant impacts on other property in the vicinity of the subject tract.  The surrounding property is developed in a like residential manner.
• The proposed zoning classification is suitable for the subject property.  The proposed land use zoning classification in consistent with Cary ’s s Land Use Plan designation for the area.

PLANNING AND ZONING BOARD ACTION

The Planning and Zoning Board voted 5 to 4 to recommend denial of the request.  (Matthew Danielson was excused from involvement in this case citing a possible conflict of interest).

Concerns Discussed:

• The proposal of new conditions that were not previously reviewed by the staff or the Planning Board prior to the Planning Board meeting;
• The submittal of a Traffic Study;
• The installation of traffic calming measures along the existing section of Brandywine Drive .  (The applicant advised the Planning Board and staff that a private agreement would be entered into with the neighborhood that would obligate the applicant to provide funding for the installation of traffic calming devices along the existing section of Brandywine Drive.);
• The need for additional buffer width along the western boundary of the development; and
• The appropriateness of proposed zoning designation.

Reasons for majority vote:

• The Planning Board felt that perhaps the Planned Development District (PDD) designation, as opposed to the proposed Transitional Residential Conditional Use (TR CU) designation, would have provided additional information regarding access, buffers, and the general conceptual layout of development.
• The submittal of additional zoning conditions for the Town Council’s consideration that were not previously reviewed by the staff or the Planning Board.

Reasons for Dissenting Vote:

• The Transitional Residential Conditional Use designation (TR CU) as proposed satisfied the Comprehensive Land Use Plan requirement for low density development.
• The proposed zoning conditions adequately met the needs of the neighborhood.

ORIGINAL PROPOSED ZONING CONDITIONS

From February 24, 2005 public hearing.

1.   The maximum density shall be limited to no more that 2.1 units per acre.

2.   No more than 98 dwelling units shall be allowed.

3.   Uses would be limited to single-family detached dwellings, including accessories uses and neighborhood recreation uses.

NEIGHBORHOOD CONCERNS

Neighborhood Concerns (Provided on April 29, 2005 and May 28, 2005 )

1.  Zoning of Residential-12 (R-12) with cluster development option.

The developer is not interested in using the cluster option and it is not required.  Transitional Residential zoning is proposed in order to allow some lots in the range of 8,000 to 9,000 square feet.  Along the western property line, proposed lots and attendant common buffers and/or landscape easements would total a minimum of 12,000 square feet.  This would provide physical separation similar to Residential-12 zoning requirements between proposed dwellings and from existing dwellings.

2.  Specifics regarding "accessory uses" and "neighborhood recreation uses".

Accessory uses would be typical accessory uses associated with single-family development, such as detached garages, storage sheds, decks, patios, fencing, swimming pools, etc.  Neighborhood recreation uses could consist of clubhouse, pools, multi-use courts, tennis courts, play equipment, picnic areas and pedestrian trails.

3.  Provide a 2-3 acre Town of Cary pocket park rather than a payment-in-lieu for dedication of public recreation land.

As a zoning condition, the developer has agreed to provide an open space amenity that would contain at least 7,500 square feet of useable area (not in required buffers). This area may contain benches, structures, or play equipment.  The specific elements would be determined at subdivision submittal.

There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resource Facilities Master Plan.  A payment-in-lieu for the value of approximately 3.83 acres would be required.  (As requested by the neighborhood, the Parks, Recreation and Cultural Resources Department has re-evaluated the possibility of obtaining public park land within the subject area and advises that a payment-in-lieu is preferred so that collected recreation funds could possibly be utilized to obtain a larger, more useful recreation site in the northeastern area of Cary .)

4.  Provide a hard surfaced noise barrier along the I-40 side of the property.

The applicant hired Kimley-Horn and Associates to prepare a Sound Impact Assessment for this site.  The Sound Impact Assessment indicates:

·         The Federal Highway Administration (FHWA) establishes a maximum noise level threshold for this area at a Category B (67dB), which would include uses such as residences, motels, hotels, churches, schools, libraries, and hospitals.

·         Noise levels were taken on April 14, 2005 ,during PM peak at eight locations along I-40 right-of-way and the western property line of Trinity Ridge:

·         The decibel (dB) level along I-40 right-of-way: varies from 63 dB to 67.2 dB

·         The dB level along the Trinity Ridge western property line (near Trinity Woods): varies from 53.5 dB to 64.7 dB (55.9 dB at Trinity Woods)

·         The FHWA advises that one could expect a 3 to 4 dB reduction for the first row of dwellings near I-40, and a 1.5 dB reduction for each additional row of dwellings.  Assuming at least three rows of dwellings, the total noise reduction compensation would be 6 dB resulting in 47.5 dB to 58.7 dB along the western property line and 49.9 dB at Trinity Woods.

·         For comparison, according to Cary ’s Code of Ordinance, Section 22-106, Sounds Impacting Residential Life, the maximum noise level should not exceed 65 dB.

“The measurement locations along the west boundary of the Trinity Ridge are all within the NAC threshold.” (Referencing Noise Abatement Criteria (NAC) threshold identified by the Federal Highway Administration.)

“The clearing of land (tall pine trees and vegetation) coupled with the construction of residential dwelling units associated with the new development as described by the site plan are expected to result in a negligible change (+/- 4dBA) in noise levels. Although existing trees and vegetation will need to be cleared during construction, trees and vegetation only offer minimal abatement.”

“It appears that there is a widely held belief that vegetation is an effective controller of sound. However, research by Fricke (1984) and others show that vegetation is only effective at higher frequencies (125-500Hz) with vegetation having little effect on sound propagation at mid-frequencies (500-2000Hz).”

There have been discussions regarding the building of a hardscape noise barrier wall along Interstate 40.  Staff members and Trinity Woods residents have both commented that a barrier of any type will not help reduce traffic noise.  The applicant provided staff documentation from the US Department of Transportation that supports this information.

5. Identify and confirm a second point of full ingress/egress.

The applicant has received confirmation from the NCDOT that two access locations would be provided to the area associated with this rezoning request.  One access source would be north from Trinity Road near Interstate 40.  Progress Energy has also verified that no overhead electrical transmission support tower will be located in the area associated with this rezoning request that would prevent access.

A zoning condition was added stating that a minimum of two access points would be provided.

6. Construction traffic to use the identified/confirmed point of ingress/egress which is least invasive to interior neighborhood streets.

Excluding existing roadway stubs to the property, ingress and egress considerations are determinations to be made at the time of construction plan submittal.  Therefore, this concern would not be included as a condition associated with a request for a change in land use.

7.  Satisfactory resolution of any sewer tie-in questions with adjacent property owners.

This is a construction-related concern and would be evaluated during the subsequent review of development plans.

8.       Resolution of safety concerns for the existing section of Brandywine Drive.

Brandywine Drive was designed and constructed according to Cary ’s collector street standards to provide future access to the subject property.  Speed humps would be provided along the proposed extension of Brandywine Drive within the new subdivision.  No speed humps are proposed along the existing section of Brandywine Drive , because existing Town Policy would allow property owners along this stretch of roadway to petition the town for the installation of speed humps.

LOCATION

Adjacent to I-40, east of Trinity Road and east of Trinity Woods Subdivision.

PROJECT DESCRIPTION

The request is to amend the zoning on 48.87 acres from Residential 40 to Transitional Residential Conditional Use (TR CU).  The project would be limited to no more than 98 dwelling units.  The range of uses would be limited to single-family dwellings.  A 100’ Thoroughfare Corridor Buffer is required and proposed along the eastern side of the property adjacent to I-40.  It is also required that existing forest area within the 100’ buffer be supplemented to form an opaque landscape screen.

APPLICANT’S JUSTIFICATION STATEMENT

The proposed use of the property is low density residential.  Low density residential complies with the Town’s adopted Land Use Plan and is consistent with other existing development in the area of this proposed request.  Development would be limited to no more than 98 single-family detached lots.

PLANNING

Comprehensive Plan Analysis

The proposal for Low Density Residential development complies with the Land Use Plan; therefore, no amendment is required.

Parks and Greenways

There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resource Facilities Master Plan.  A payment-in-lieu for the value of approximately 3.83 acres will be required if approved.

Transportation Planning

At the time of subdivision plan submittal, the following will be reviewed for compliance with Town Ordinance, the Comprehensive Transportation Plan and/or the Town Engineering Standard Specifications and Details Manual:

• Connectivity (extension of existing street stubs, providing stubs to adjacent undeveloped properties, providing a layout which meets or exceeds a connectivity index ratio of 1.2);
• Street pavement and right-of-way widths;
• Cul-de-sac length limits (maximum 900’);
• Sidewalk (required on one side of all new residential streets and both sides of all new collector streets and thoroughfares);

School Information

ENGINEERING

Environmental Considerations

The project will be required to meet the nitrogen requirements of the Town of Cary .  There are riparian buffers associated with this project.

Utilities (Water and Sewer)

This proposed development has direct access to the Town’s existing water and sewer systems. The developer will be required to comply with Town utility policies and standards.

Traffic Impact Analysis

A traffic impact study is not required. (A traffic study would be required if the development proposed 98 single family dwelling units or more.)

The average daily traffic volume ( 2/9/2005 ) for Trinity Road is 9,260.  This development will add an additional 563 trips per day to Trinity Road for a total volume of 9,823. This traffic volume is below the capacity of a two lane road (15,000 vehicles per day).