Town Of Cary
 Reedy Creek Activity Center Concept Plan 05-AC-009
Staff Report to the Town Council

1.  Background Information

History:

The application for this request was submitted prior to the terminology change from Activity Center Concept Plans to Mixed Use Sketch Plans. 

Current:  Zoning Map
Base zoning district:  
The subject property is within the Northwoods PDD and also includes an Office and Institutional (O&I) zoning district. Properties owned by the applicant and fronting  NE Maynard Road are part of the Northwoods Planned Development District. The Northwoods Master Land Use Plan allows for office & institutional uses on these properties.   The two lots fronting Reedy Creek road are zoned Office & Institutional (O&I). 

Overlay zoning district: Reedy Creek Neighborhood Mixed Use Overlay

Proposed:
The proposed Activity Center Concept Plan (ACCP) consists of a mixture of high density residential, office, commercial development.  The underlying zoning classification cannot be changed within an Activity Center.  Through the submittal and approval of an ACCP, however, various uses may be considered.

The subject ACCP proposes 245 residential multi-family units, a 64 room hotel, a maximum of 63,200 square feet of commercial space, and  a maximum of 73,600 square feet of office space.  The residential multi-family buildings and the proposed office buildings would be a maximum of three (3) or four (4) stories.  One mixed use building with a height range of four (4) to five (5) stories is proposed in the south east corner of the site near the intersection of Reedy Creek Road and NE Maynard Road. This building would contain retail uses, indoor recreation, office space and residential units.  The sketch plan also shows two swimming pools and neighborhood community centers which provide active recreation for the residents. Concept Plan

Acreage:  17.66 acres+

Location:   Vicinity Map
707 & 801 NE Maynard Road and 771 and 803 Reedy Creek Road

Applicant:
Al Hashemi
PO Box 97772
Raleigh,  NC  27624  

Town of Cary Case Manager: 
Debra Grannan, Senior Planner
316 N. Academy Street, Cary,  NC  27513
(919) 460-4980
Debra.grannan@townofcary.org

2.  Summary of Request        

A.  Transportation:           
Existing  NE Maynard Road Section: 5 lanes undivided, 100’ Right-of-Way (ROW)
Future Roadway Section: 6 lanes median divided, 124’ROW
CIP Schedule: N/A
Sidewalk Requirements: both sides
Bicycle Requirements: Wide outside lanes

Transit Requirements: 
A bus stop shelter with concrete pad is required in the right-of-way between Reedy Creek Road and the westernmost entrance into the development on NE Maynard Road .  The shelter must be a minimum 5’ wide by 12’ long with a light green metal fabricated roof.  Sides must be made of materials that can be easily seen through for safety purposes.  Frame will be made of metal or cast aluminum material in dark brown color.  The shelter must also have solar lighting.

Existing Reedy Creek Road Section: 2-3 lanes, 60’ ROW
Future Roadway Section: 3 lanes, 67’ ROW
CIP Schedule: 2007 (this project is NOT budgeted)
Sidewalk Requirements: both sides
Bicycle Requirements: Wide Outside Lanes
Transit Requirements: None

B.  Traffic Impact Analysis:
A traffic impact study is not required at the concept plan stage, however, a traffic impact study will be required prior to site plan approval.

C.  Parks & Greenways:   Greenways Map
According to the Parks, Recreation and Cultural Resource Facilities Master Plan a neighborhood park is proposed for this general area of the Town; however, the subject property is not being considered for a park site. Should the residential portion of the project be subdivided, a parkland dedication or payment in lieu will be required. There are no greenways proposed through the site.

D.  Riparian buffer impacts:  
The riparian buffers on this property will be addressed in the following manner:  Pursuant to a Release and Settlement Agreement entered into by and between the Town of Cary and ARH International Co. and Al Hashemi, the Town has agreed that property located at 707 and 801 N.E. Maynard Road, Cary, NC may be developed without regard to the Town of Cary Riparian Buffer Requirements provided such development is in accord with a State (buffer) variance or in accord with all applicable State Riparian Buffer Requirements.  The proposed Reedy Creek Activity Center Concept Plan (ACCP) presently encompasses detailed plans for 707 and 801 N.E. Maynard Road, therefore, the provisions of the Settlement Agreement would apply to this Application.

3.  Reference Information

Meeting Schedule:

Town Council Public Hearing
Date:  June 8, 2006
Action: Forwarded to the Planning and Zoning Board

Planning & Zoning Board:
Date: March 19, 2007
Action: Recommended for approval 7-2. Forwarded to May 24, 2007 Town Council Meeting
Postponed to:  June 14, 2007 Town Council Meeting

Town Council Action:
Date:  June 14, 2007
Action:

Feedback at the Public Hearing
Staff presented the Activity Center Concept Plan and reported that there was a valid protest petition.

The applicant’s representative, Mr. Azad Atashi reported that neighborhood meetings had been taking place.  He described aspects of the plan, stating that it was designed to provide generous open space and buffers, and that a large amount of parking was underground, resulting in less impervious area than other developments.  He emphasized the concept of new urbanism and that this site provided a place for citizens to live and work in close proximity.  He addressed that the plan would take traffic concerns into account when designing turn lanes and that the site would address stormwater management issues through the use of bio retention areas.

George Bailey spoke on behalf of Glen Ward and himself as the owners of the two undeveloped parcels adjacent to this site within the same quadrant of this Mixed Use Overlay District. Mr. Bailey indicated they are not part of the concept plan submittal, and he encouraged more comprehensive planning to also include his property and Mr. Ward’s property. He indicated his intent to work with Mr. Atashi to facilitate this planning.

Several property owners from the adjacent Royal Oaks subdivisions spoke during the public hearing and focused their comments on the following concerns: 

•    Water run off and how it would impact underground parking

•    Building height

•    Impact on area schools

•    Traffic on Reedy Creek Road

•    Site lighting and buffers

•    The overall density and intensity of the site

•    Loss of vegetation

Following the Public Hearing, the Council raised concerns regarding:

•    The need for increased office space in this area

•    Whether or not this site was an appropriate location for a Town Park

•    If the buffers were adequate based on the building height proposed

•    If buffer reductions were appropriate or if enhancements could be required

•    Building height and its appropriateness for this location

•    If the balance of uses, especially residential,  was appropriate for this site

•    How stormwater management would be addressed

•    Why the adjacent property was not included as part of the plan

Changes since the Public Hearing

In January 2007, the applicant met with staff to discuss a plan that reduced building height and the number of residential dwelling units, but increased the non-residential use by greater than 100,000 square feet above the current proposal.  Staff advised the applicant to reduce the overall density of the proposal to lessen the impact on the subject property, to create more area for recreational open space and to allow room for future development on other quadrants of the Mixed Use Center . In addition, the applicant agreed to make further reductions to building height, which are indicated on the current plan.

The following table depicts the changes to the proposed ACCP since the Town Council public hearing on June 8, 2006:

*The commercial use presented at the original public hearing did not include areas within the mixed use center that were intended for indoor recreation, and this accounts for a portion of the increase.  When open to the public, such uses would be classified as commercial rather than neighborhood recreation.

** Area includes all perimeter buffers, neighborhood recreation centers and pools, common open space and active and passive recreation areas. 

Buffers and Open Space

The perimeter buffers have been designated as Type “A” Opaque. The width of the buffer abutting the Royal Oaks Subdivision to the north is 30’ as required by the Northwoods PDD.  Based on Staff’s recommendation, the applicant agreed to provide an additional ten foot setback off that buffer to protect existing vegetation, which is consistent with the present requirements of the Land Development Ordinance. The plan was modified to show more open space and recreation sites with swimming pools and neighborhood recreation centers to meet the Land Development Ordinance requirement of 500 square feet of passive or active recreational open space per dwelling unit.

Stormwater Management

The applicant is proposing to construct three (3) wetlands to manage stormwater runoff.  The general location of two constructed wetlands has been identified on the plan.  Detailed location and dimensions as well as other stormwater management requirements will be addressed at the time of site plan review.

Administrative Changes

Use classifications and descriptions on the plan were changed to be consistent with terms used in Cary’s Land Development Ordinance.

The applicant, Mr. Hashemi, is no longer represented by Atashi and Associates, and is representing himself in this application.  The plan now conceptually shows how the property owned by the applicant relates to the adjacent, vacant parcels within the same quadrant.  In addition, the staff report has been modified to reflect the most current school data provided by Wake County.  

Planning and Zoning Board Recommendation:

On March 19, 2007, the Planning and Zoning Board voted 7-2 to recommend approval of the Reedy Creek ACCP as it pertained to the following items:

• Type and mix of uses on the site
• Square feet of non-residential  uses and number of hotel rooms
• Number of residential dwelling units
• Building height
• Perimeter buffers, streetscapes and building setbacks

The Board asked for clarification and assurance on how Cary’s regulations would be applied on the following:  

• Recreation payment in lieu requirements 
• Buildings not being located within stream buffers
• General stormwater management regulations
• Provision for a ten- foot setback off the perimeter buffer
• Application of Cary’s Design Guidelines to future buildings
• Traffic flow on the site

During the presentation, Staff emphasized that there were aspects of the plan that such as stormwater management, road design and connection points that would be subjected to more scrutiny and application of Cary’s ordinance regulations at the time of site plan review. 

Two members who voted in favor of the concept plan questioned the appropriateness of the five story building proposed on the site. Two board members voted against the plan, stating that the proposed density was too intense for the site.

Changes since the Planning and Zoning Board Meeting

The most significant change was in the conversion of several four story multi-family residential buildings to 12 groups of “town home” style units.  This yielded a reduction in dwelling units from 260 to 245. 

The height of a portion of building 13, section “D” along NE Maynard Road from five-stories to four-stories. This is one building, but it is designed in segments, which the applicant proposes will be “stepped” in height so that the impact at the street is reduced. The plan sets the tallest point of the building back approximately 80 feet from the roads. This reduction in height does not result in a reduction to the overall square feet of non-residential use on the subject property. The footprint of building 13 will be modified to accommodate the shift in square feet from a vertical to horizontal placement. The multi-family portion of building 13, section “A,” remains five-stories.

The data provided by Wake County Public Schools has been updated to reflect the current enrollment and school capacity statistics.

Planning Analysis

Land Use Plan Compliance

The Town of Cary Land Use Plan outlines Neighborhood Activity Centers as mixed-use centers containing 250,000 +/- square feet of non-residential floor space.  The Reedy Creek ACCP increases the total non-residential floor area from 69,405 to 237,805.  As a guide, the Town strives to achieve roughly equal parts of commercial and office/institutional uses in an Activity Center .  The Reedy Creek ACCP increases the total commercial floor area from 59,539 to 122,739 and increases the total office/institutional floor area from 9,866 to 83,466.  The plan also shows that potential exists for future office development within this same quadrant. The Reedy Creek ACCP improves the balance of non-residential floor area within this activity center. 

In addition, the Town of Cary Land Use Plan strives to achieve at least 1 multi-family unit per 1,000 square feet of non-residential floor space in a Neighborhood Activity Center .  The Reedy Creek Mixed Use Overlay District currently provides nearly 5 multi-family units per 1,000 square feet of non-residential floor space. This result would provide support to existing and proposed commercial use within the overlay district. With the addition of the Reedy Creek ACCP, nearly 2.75 multi-family units per 1,000 square feet of non-residential floor space would be provided as indicated in the table below:  

Staff Analysis of Cary Design Principles
Within a Mixed Use Overlay District, (formerly an Activity Center) the plan is evaluated to ensure that it meets the following Design Principles:

• Create Human Scale
• Create a Sense of Place
• Connect Uses
• Provide Transitions
• Reduce Parking Impacts.
• Plan for Pedestrians, Bicyclists and Transit Users
• Provide Open Space

In applying these Design Guidelines to the Reedy Creek ACCP, Staff considered the following positive aspects of the plan:

Create Human Scale
The Buildings along NE Maynard Road create a sense of place along the street.  Buildings are proposed to have pedestrian access from the sidewalk.  The proposed “town home style” residential units adjacent to Royal Oaks serves as a good proportional relationship between the buildings and pedestrian activity on the site.

Create a Sense of Place
There is an opportunity for amenities such as fountains, clocks, or seating areas to be provided. A gathering area is proposed in the plaza area at building 13.

Connect Uses
Connections to adjacent parcels are provided.  The plan proposes a pedestrian crossing over the stream buffer area.

Provide Transitions
To lessen the impact on existing residential property, the plan originally proposed a “stepped-back” building style for the multi-family units adjacent to the Royal Oaks Subdivision.  This has been improved by proposing town home style buildings that are three-stories tall.  The most intense use and massing occur along the public roadways.

Reduce Parking Impacts
Buildings appear to be more prominent than parking areas.

The applicant has made an effort to reduce the impact of parking by providing underground parking and parking decks.

The plan requests a 10% reduction to LDO required parking which staff supports within the mixed use, provided spaces are located appropriately in relation to proposed uses. Parking lots have been positioned behind buildings effectively along NE Maynard Road and Reedy Creek Road so that parking areas are screened.

Plan for Pedestrians, Bicyclists and Transit Users
Sidewalks are continuous along public streets. A location is reserved for a transit stop.  Bicycle parking will be a site plan requirement.

Provide Open Space
Passive and Active recreational open space is provided on this plan.  Residential areas have recreation opportunities within a five minute walk of each home.  Pedestrian trails are proposed in the vicinity of a wooded buffer area.

The following areas were identified where the plan did not meet Cary’s Design Guidelines:    

Create Human Scale
Not all buildings are not arranged to enclose and define space within the site. 

Create a Sense of Place
The area at the corner of NE Maynard Road and Reedy Creek road presents an excellent opportunity for creating a sense of place, however, this potential is diminished by the possible vehicular circulation route dividing the corner space with the mixed use building and plaza. This vehicular route, however, is conceptual and is subject to DOT approval.

Connect Uses
A connection to the off-site parcel to the west will be required to function. The proposed connection to the northeast parcel functions awkwardly due to its mid-point location into the possible parking area.  Also, multiple vehicular flow patterns are shown converging at this connection point, creating areas for potential conflict.

Plan for Pedestrians, Bicyclists and Transit Users
On the eastern portion of the site the pool/recreation area is located such that most of the residents pedestrians must cross vehicular circulation routes to reach this destination.

Pedestrian circulation within this site is unclear and does not provide a consistent, intuitive pattern for users.

Provide Open Space
While the plan meets the requirement for 500 square feet of passive or recreational open space for each residential unit, the open spaces appear to be left over from the desired building arrangement.  Open spaces may be improved in conjunction with clarifying pedestrian circulation.

Compliance with Cary’s Community Appearance Manual
Building architecture and landscaping features can not be evaluated until a full site plan has been submitted.  The applicant has provided a note on the plan which states “Unless exceptions are granted by the Town Council through the approval of this plan the final site plan will be required to meet all Town of Cary Land Development Ordinance Regulations and design requirements.” This offers assurance that the Town’s Community Appearance Manual and Design Guidelines will ensure a high quality appearance of the site.

During the review process several members of the Cary’s Development Review Committee expressed concerns about traffic and pedestrian flow on the site. Also, the vehicular flow through parking areas appears challenging.  As currently proposed, approval of this plan would not grant exceptions to Town standards for travel lanes, connectivity requirements or pedestrian circulation. 

At this conceptual stage of planning for the site, the focus is more centered on use type and allowable square footage. The plan provides a balanced mix of uses within this site and overcomes the shortage of office use in the overall Mixed Use District. 

In discussions with the applicant, Staff has stated that some reductions to building square footage may be required during site plan review process in order to meet LDO requirements for road design, utility easements, vehicular and pedestrian connectivity, as well as other design guidelines that can not be fully evaluated due to the conceptual nature of the plan.

Additional 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 2005-2006 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.

Staff Recommendation  

To foster a better relationship with adjacent property owners, the applicant has agreed to apply the following conditions to his plan:

           ·     A 10’ setback is required off the 30’ opaque buffer along the northern edge of the property line adjacent to lot one.
         ·     The exterior walls, with the exception of doors and windows, will be a minimum of 70% masonry.

Based on consistency with the Town of Cary Comprehensive Plan, Staff recommends approval of the Reedy Creek Activity Center Concept Plan for the following items:  

• Type and mix of uses for the site
• Square feet  of non-residential uses and the number of hotel rooms
• The number of residential dwelling units
• Building heights
• Perimeter buffers, streetscapes and building setbacks

This recommendation for approval comes with the understanding that the Town of Cary Land Development Ordinance requirements for vehicular and pedestrian connectivity may not be waived at this time.  Furthermore, the plan presented is conceptual and does not contain the information needed to fully evaluate the site in terms of meeting Cary’s design guidelines.