TOWN OF CARY, NORTH CAROLINA
ACTIVITY CENTER OVERLAY DISTRICT (ACOD) AND
 
ACTIVITY CENTER CONCEPT PLAN (ACCP)
STAFF RECOMMENDATION TO
 TOWN COUNCIL

 

Rezoning Petition:

05-AC-001 Fairview Village Activity Center Concept Plan (ACCP) and Activity Center Overlay District (ACOD)

Land Use Plan Amendment:

N/A.

 

Meeting

Date

Staff Recommendation

Action

Town Council Public Hearing

April 14, 2005

Forward to April 18, 2005, Planning and Zoning Board meeting

Forwarded to April 18, 2005 Planning Board meeting

Planning and Zoning Board

April 18, 2005

Staff recommends approval with conditions listed below

Planning Board voted unanimously to recommend approval of the request as submitted by the applicant.  (See Planning and Zoning Board Action Section below.)

Town Council

May 12, 2005

Staff recommends approval with conditions listed below

Approved as recommended by the Planning Board 

 

TOWN OF CARY CASE MANAGER

Bob Benfield, Senior Planner

Phone:  (919) 469-4045
E-mail:  bob.benfield@townofcary.org

 

STAFF RECOMMENDATION

Staff recommends approval of the Activity Center Overlay District (ACOD).  The request was reviewed for compliance with Section 4.4.2(B) of the Land Development Ordinance, which states: “The intent of the Activity Center Overlay District is to recognize existing activity centers and encourage the establishment of new activity centers, which are higher-density, mixed-use development nodes of varying sizes, as an alternative to lower-density separate-use suburban sprawl-type development.”  

Staff also recommends approval with conditions of the proposed Activity Center Concept Plan.  The request was reviewed for compliance with the criteria established in Section 4.4.2(J) of the Land Development Ordinance and was found to be in compliance.  The recommendation of approval includes the following conditions:  

  • That residential dwelling units be provided in the medium density range. within the mixed use component of the ACCP

Section 4.4.2(J), Criteria for approval of an ACCP

(1)  The ACCP has been prepared consistent with the requirements of this Section and the Land Use Plan.  The ACCP contains all information required by the LDO for submittal of an ACCP request.

(2)  The ACCP includes an appropriate mix of land uses for the overall activity center, including residential, commercial, office, and institutional uses.  The ACCP would be a mixed use development containing commercial, office, residential and institutional uses.

(3)  The ACCP will meet or exceed Town design guidelines and other established Town standards. The ACCP would comply with Activity Center Design Guidelines, Cary Design Guidelines, and Cary ’s Community Appearance requirements.

(4)  The ACCP includes both medium and higher-density housing.  The ACCP as recommended would include a section of medium density residential development.

(5)  The ACCP includes some formal outdoor space for public use, such as a park, village green, or plaza; larger activity centers should include more such space than smaller centers.  The ACCP would include reserved areas for public gathering and public art.  The Fairview Neighborhood Activity Center (NAC) includes a YMCA site with outdoor recreational opportunities.

(6)  The ACCP demonstrates that there has been participation by residents, by property owners in the surrounding neighborhoods, and by the Town, so that the proposed development specially responds to the unique conditions of the area.  A public neighborhood meeting was held by the applicant in which residents of the neighborhood were provided a presentation of the ACCP and asked to comment on the plan.  The applicant advises that the ACCP addresses concerns expressed by the neighborhood.  

 

PLANNING AND ZONING BOARD ACTION

The Planning and Zoning Board voted unanimously to recommend approval of the proposed ACOD and ACCP as submitted by the applicant.  The applicant’s submittal included a section designated for Commercial/Mixed Use development.  Staff had recommended that this section be modified to include a mixed use component that would have included residential dwelling units in the medium density range.  The Planning Board voted to keep the Commercial/mixed use section as submitted by the applicant.  (A previous Land Use Plan amendment for the Fairview Activity Center , and rezoning request to rezone to PDD was recommended for approval by the Planning Board. The recommendations included replacing the proposed Medium Density Residential (MDR) component of the plan with Mixed Use (MXD).designation.)  

 

CHANGES SINCE PUBLIC HEARING

With regard to the proposed Activity Center Concept Plan, no one at the public hearing spoke in opposition to the plan.  The Town Council, however, expressed concern with including a provision that would require medium density residential development in the mixed use section of the plan, given the rural nature of the surrounding area.

 

APPLICANT

OWNERS

Jerry Turner
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh , NC 27606
(919) 851-7150
Fax (919) 851-7547
jturner@jerryturnerassoc.com

 

The Pantry Inc.
1801 Douglas Drive
Sanford , NC 27330
 Attn:  Don Davis  

Clarence Kenneth & Mary L West
8721 Holly Springs Road
Apex, NC 27539-9196
 

Vance L. Sexton
8809 Holly Springs Road
Apex, NC 27539-9196  

Mary Linda West ET AL
8721 Holly Springs Road
Apex, NC 27539-9194  

Katharine Jones Ogburn
8901 Holly Springs Road
Apex, NC   27539-9197

     

LOCATION

MAPS & DOCUMENTS

Southern quadrant of the intersection of Holly Springs Road and Ten Ten Road

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

Master Land Use Plan Map

 

PROJECT DESCRIPTION

The purpose of this request is to establish an Activity Center Overlay District and an Activity Center Concept Plan (ACCP) designation for the southern quadrant of the intersection of Holly Springs Road and Ten Ten Road .  The ACOD would establish the boundary of the proposed Activity Center and the ACCP would provide 122,000 square feet of commercial, 40,000 square feet of commercial/Mixed use or multi-family development.  The ACOD contains approximately 21.64 acres.  

This property is located in an area designated as a future Neighborhood Activity Center , and it is currently outside Cary ’s town limits and extraterritorial zoning jurisdiction.  Therefore, the property must be annexed and rezoned to Planned Development District (PDD).  Approval of a Land Use Plan amendment and designating the property as an Activity Center Overlay District is also required.  

The Land Use Plan amendment would change the use designation from Low Density Residential (LDR) and Commercial (COM) to Commercial (COM) and Medium Density Residential (MDR).  An ACCP designation for the area within the Activity Center Overlay District is also requested and would establish various land uses within the area of the ACCP request.

 

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

0760776759

 

1.98

N/A

 

0760775550

 

 9.60

N/A

 

0760771323

 

 0.87

N/A

 

0760770010

    6.28 du/ac

 6.69

42

 

0760664750

19.2 du/ac

 2.50

48

 

Total

 

21.64

90

 

   

APPLICANT’S JUSTIFICATION STATEMENT

The applicant is requesting approval of an Activity Center Overlay District (ACOD) designation and approval of an Activity Center Concept Plan (ACCP) for the area located in the southern quadrant of the intersection of Holly Springs Road and Ten Ten Road .  A neighborhood-scale shopping center is proposed.  Given development patterns in the area, this location fits the criteria for a neighborhood shopping center.  Water and sewer is in close proximity to the site, and the Town has made infrastructure improvements in the area to accommodate future development..

 

CURRENT & PROPOSED TOWN OF CARY LAND USE PLAN DESIGNATION

Current Land Use Plan Designation:  Low Density Residential (LDR) and Commercial (COM).

Proposed Land Use Plan Designation:  Commercial (COM) and Medium Density Residential (MDR)

 

EXISTING & PROPOSED ZONING

Current Zoning:  Residential-30 Wake County (R-30W) and General Business Wake County (GB)

Proposed Zoning:  Planned Development District (PDD), with Neighborhood Activity Center Overlay designation (NAC)

 

ADJACENT ZONING & LAND USES

 

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Vacant

Residential-40 Wake County
(R-40 W)

Very Low Density Residential (VLDR), Office/Institutional (OFC/INS)

East:

Single-family

Residential-30 Wake County
(R-30 W)

Very Low Density Residential (VLDR)

South:

Vacant (approved for YMCA)

Residential-40 (R-40)

Low Density Residential (LDR)

West:

Commercial, Industrial, and Single-family

General Commercial Wake County (GB), Industrial-1 Wake County (I-1), Residential-40 Wake County (R-40 W)

Low Density Residential (LDR)

 

PLANNING

Comprehensive Plan Analysis

No Land Use Plan amendment is required in order to establish this ACCP.  The proposed site lies within an area that is under study as a future Neighborhood Activity Center.  

Parks and Greenways

There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan.

Transportation Planning

Roadway improvements need to be consistent with the Town’s Comprehensive Transportation Plan requirements for Holly Springs Rd. and SR1010.

 

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)

The proposed development has direct access to the 16” Town of Cary waterline on Ten Ten Road. Off-site sewer extension will be required to obtain public sanitary service via an existing sewer located at the YMCA site. Water and sewer service to the property will be required to comply with Town of Cary utility policies and standards.

Traffic Impact Analysis

A draft traffic impact study has been prepared by Town of Cary traffic consultant MAB dated April 1, 2005 . The findings and conclusions are based on development options that can only be determined at time of development plan review.  The link provided in this section of the report will connect you to the Traffic Impact Study prepared for the Fairview Village Activity shopping center area.

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number

Real Estate ID(s)

Area (Acres)

The Pantry, Inc.

0760776759

0324285

1.98

Mary Linda West ET AL

0760775550

0055386

9.60

Clarence Kenneth & Mary L West

0760771323

0075618

.87

Vance L Sexton

0760770010

0036715

6.69

Katharine Jones Ogburn

0760664750

0051886

2.50

Total Acreage

21.64