06-AC-01 Piney Plains Activity Center Concept Plan (ACCP) Staff Report to Town Council

1.  Background Information   

Existing Zoning:  Zoning map
Office and Institutional (OI), Residential 40 (R-40)   

Requested:  Activity Center Concept Plan (ACCP)  

Comprehensive Plan Amendment
Cary’s Southeast Area Land Use Plan calls for high to medium density residential (HDR) development, between 8 and 12 units per acre on the property.  The Land Use Plan has an alternative designation of Office and Institutional. The requested ACCP has a density of 9.84 units per acre which is consistent with this aspect of the Land Use Plan. However, the boundary of the Crossroads Regional Activity Center Overlay District needs to be amended to include approximately 16 acres of the property associated with the concept plan (associated Rezoning 06-Rez-09.) Land use map

Location:   Vicinity map
The property is located along Piney Plains Road, northwest of the intersection of Stephen Road and Piney Plains Road.  

Acreage:  Approximately 30.30 

Applicant
Dave Ransenberg
Gateway Homes
11121 Carmel Commons Blvd, Suite 260
Charlotte,  NC  28226
(704) 752-8550
dave@gatewayhomes.biz   

Applicant’s Contact Person
Glenda Toppe
Jerry Turner Associates Inc
905 Jones Franklin Road
Raleigh, NC 27606
(919) 851-7150
gtoppe@jerryturnerassoc.com

Town of Cary Case Manager
Ricky Barker, Associate Planning Director
316 N. Academy Street, Cary, NC 27513
(919) 469-4085
ricky.barker@townofcary.org    

2.  Summary of Requested ACCP 

The revised concept plan shows 299 dwelling units.  This includes a mixture of multi-family units.  All buffers and streetscapes are consistent with the activity center design guidelines and Land Development Ordinance. 

A.  Transportation  
Piney Plains Road 
Existing Roadway Section: 2 to 5 lanes, 70’ to 100’ right-of-way (r/w) 
Future Roadway Section: 4 lane median divided, 100’ r/w
Schedule: Widening to a 5-lane undivided section underway
Sidewalk Requirements: Both sides   

Stephens Road   
Existing Roadway Section: 2 lanes, 50’ r/w
Future Roadway Section: 3 lanes, 70’ r/w
Schedule: With development
Sidewalk Requirements: Both sides   

B.  Traffic Impact Analysis 
A traffic impact study has been prepared by Town of Cary traffic consultant HNTB dated February, 2006. The study recommends a westbound right turn lane at the intersection of Dillard Drive and Walnut Street. All intersections will operate at level of service “D” or better.   

C.  Parks & Greenways
The Parks, Recreation and Cultural Resources Department has reviewed this rezoning request and recommends the following conditions:

·       A payment-in-lieu fee will be required for any subdivided residential units of housing developed within this site.

·      According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, a proposed Town of Cary greenway bisects the site. This greenway will connect with the Kids Together Park and the US1/64 Pedestrian Bridge to the west as well as with the proposed Tryon Road Park to the south.

·      A 30’ wide greenway easement for the future Piney Plains Greenway will be required through this proposed development.  If the greenway is placed in a buffer and if this buffer is designated as a 100’ buffer, the greenway easement can be located within Zone 3 of the buffer.  If the buffer is designated as a 50’ wide buffer, the greenway must be located outside of the buffer. Any greenway easement that is provided will be credited towards the required payment-in-lieu of park land dedication. 

·      The applicant will be responsible for constructing the public greenway that extends through the site since the project is located within an activity center to meet the activity center design guidelines for pedestrian circulation. The location and length of greenway to be determined at site plan review.

·      6’ wide paved private connections (to be constructed by the developer) will be required from the housing to the public greenway. These will be determined at the time of site plan review.

-         The Greenway Committee reviewed this rezoning request at their May 2006 Committee Meeting and unanimously approved staff’s recommendation.

-       The PRCR Advisory Board reviewed this project at its July, 2006 meeting and also approved staff’s recommendation unanimously.  Greenways map  

3.  Feedback at the Town Council Public Hearing:

Several people had concerns about storm water run-off, the maximum number of units, traffic and road connections. 

Changes Since Town Council Public Hearing

The applicant has reduced the number of dwelling units from 350 units to 299.  The applicant has also provided additional buffer on the north east side of the development.  The applicant has conditioned the plan that: “There shall be no net increase in peak storm water runoff flow leaving the site from pre-development conditions for the five-year design storm.”

4.  Staff Recommendation: 
The information shown on the plan is consistent with the land development ordinance and the Land Use Plan.  Staff recommends approval of the Concept Plan with the conditions for the parks and greenways listed above.  

5.  Planning and Zoning Board Recommendation:
The Planning and Zoning Board voted 6-4 to recommend denial of the ordinance to amend the Land Development Ordinance Map related to this request.  Those Planning and Zoning Board members supporting the denial voiced concerned regarding storm water issues of the adjacent neighborhood, adequate transition of the development to the adjacent low density residential uses and traffic congestion.  

6. Changes since the Planning and Zoning Board Meeting:

The applicant has changed the plan to add the following conditions: 

A. There shall be no net increase in peak stormwater runoff flow leaving the site from pre-development conditions for the ten year design storm.

B. The impervious area on this site shall not exceed 56% with initial or future development as defined by Town of Cary ordinances. 

7.  Reference Information
Meeting Schedule 
Town Council Public Hearing  
Date:  April 27, 2006  
Action:  Forwarded to the June 19, 2006 Planning and Zoning Board meeting.

Planning & Zoning Board
Date: June 19, 2006
Action:   The Planning and Zoning Board recommended denial of the request (6-4).

Town Council Action
Date:  September 14, 2006.  Tabled until October 12, 2006.    

Applicant’s Justification Statement Submitted February 27, 2006  

(Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary) Concept Plan   

1. The tract is 30.30 acres and includes 20% open space.  A broad corridor of forested wetlands and floodplain lie at the northern end of the property.  The tract is of an ample size to accommodate the requested development, preserve sensitive natural resources, and achieve the Town’s goals as specified in the Southeast Area Plan.  

2. This proposal is compatible with the comprehensive plan; i.e., the Southeast Area Plan (SEAP).  The project meets the Guiding Principles (Section 1.2, p. 4) of the Plan as follows:   
1. The project’s requested density of 12 units to the acre conforms to the planned upper-end of ‘High Density Residential’ (HDR) as shown on the SEAP Future Land Use Map.  Road improvements on Piney Plains are near completion, which will facilitate the additional traffic expected to be generated from this project.
2. The improved Piney Plains Road, pedestrian sidewalks, and a greenway easement traversing the property will facilitate multi-modal movement and linkages to off-site parks and greenways.  The project is near access to Cary Transit (C-Tran) at the Centrum. 
3. The project focuses a high-intensity use (HDR) within the Crossroads Regional Activity Center, and provides both a needed housing type (condominiums) and home ownership opportunities for employees of businesses and services located within this major commercial node.  

3. The benefits to the owner are realized through the development of the tract in compliance with the comprehensive plan.  The presence of homes next to the auto storage facility may be a detriment to marketing the condos.  Neighboring residents are well-buffered from the visual impact of this proposal.  Landowners on Benedum and Catherwold Place will be adjacent to undisturbed, forested buffers, and the latter street will be shielded by a broad expanse of forest.  The Keller residence is located more than 100’ away from the boundary of the proposed development.  Residents along Stephens Road may experience more traffic waiting to turn onto Piney Plains, but most drivers will likely use the northern access directly onto the thoroughfare to get to Walnut Street, U.S.1/64, and points beyond.  

4. The proposed uses are compatible with the Activity Center concept, and provide an appropriate ‘transitional use’ between the heavy commercial uses (car storage facility, big box retailers) and the single-family detached residential at Wellington and on Stephens Road.

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 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. For example a site with 299 two-bedroom units could yield 58 additional students, while 299 three bedroom units could yield 225 students.  The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment.  At rezoning, student yield can not be accurately determined due to unknown variables.