06-AC-03 Village at the Park Activity Center Concept Plan
Staff Report to Town Council

1.  Background Information

Existing Zoning:  Residential 40 (R-40) Zoning map  

Requested:  Activity Center Concept Plan (ACCP) approval

Acreage:  Approximately 190.49       

Location:  Intersection of Alston Avenue and Kitts Creek Parkway Vicinity map  

Applicant:  
David Rigsbee
2631 Alston Avenue
Cary, NC
27519
(919) 544-3973

Applicant’s Contact Person: 
Andrew Sentgeorge
Withers & Ravenel
111 MacKenan Drive
 
Cary, NC 27511

(919) 469-3340  
asentgeorge@withersravenel.com
 

Town of Cary Case Manager:  
Philip E. Smith, Long Range Planning Manager
316 N. Academy Street, Cary, NC 27513

(919) 469-4029  
philip.smith@townofcary.org

2.  Summary of Requested Rezoning

A.  Transportation

NC 55
Existing Roadway Section:
4 lanes with a median (under construction by NCDOT), 150’ ROW

Future Roadway Section: 6 lanes with a median, 150’ ROW

Schedule: N/A

Sidewalk Requirements: both sides  

Alston Avenue

Existing Roadway Section: 2 lanes, 60’ ROW

Future Roadway Section:  4 lanes with a median, 124’ ROW

Schedule: N/A

Sidewalk Requirements: both sides  

Kit Creek Parkway Extension

Existing Roadway Section: N/A

Future Roadway Section: 

6 lanes with a median, 124’ ROW (NC 55 to Alston Ave.)
4 lanes with a median, 100’ ROW (Alston Ave. to Wake Road)  

Sidewalk Requirements: both sides

Note:  The Northwest Area Plan provides the following language with regards to the extension of Kitt Creek Road west of Alston Avenue (Map 3, Roads and Transit, Note 2):  “Kitt Creek Road may need to continue west of Alston Avenue, depending on future development and traffic need.  Alignment of extension has not been set.”

Wake Road 

Existing Roadway Section: 2 lanes, 60’ right-of-way (ROW) 

Future Roadway Section:  3 lanes, 70’ ROW 

Sidewalk Requirements: both sides   

B.  Traffic Impact Analysis:  A Traffic Impact Study for Village at the Park has been prepared by Town traffic consultant, Wilbur Smith Associates, dated January 2002. If the additional area has a density greater than 2.1 units per acre, the traffic impact study will need to be updated. 

C.  Parks & Greenways: 
Issues related to parks & greenways for this proposed activity center concept plan include the following:

·         According to the Parks, Recreation and Cultural Resource Facilities Master Plan, there is an existing undeveloped park site (Shaffer) just to the east of tract 6 and south of tract 3.

·      The Kitt Creek Greenway is proposed along the southern edge of the proposed activity center.  

·      Multi-use trails (10’ in width), are proposed both sides of Alston Avenue, from O’Kelley Chapel Road to Kitt Creek Road. The applicant will be required to construct any proposed trails within the development site as part of the activity center concept plan.

·      A parkland dedication (or payment-in-lieu if requested) will be required for all subdivided residential development.

·      Per the approved Open Space and Historical Resources Plan (OSHRP), the Kitt Creek corridor (along the southern edge of the site) is designated as priority open space. Greenways map 

3.  Feedback at Town Council Public Hearing: 

At the public hearing, citizen feedback regarding the proposal was generally favorable, and specifically indicated support of the proposed.  The applicant noted their successful meetings with the residents of the area to address their concerns.  The applicant stated he had committed to providing a 100 foot buffer along the western property line.  It was noted that in an activity center a maximum 60 foot buffer was permitted.  The applicant indicated he would work with Planning staff on a combination buffer and other mechanism to provide the 100 feet.  Council members asked that the conditions on the buffer be clearly defined to everyone.  It was also noted that much of the proposed buffer area was already cleared and would need to be re-vegetated.  Several speakers expressed concerns regarding the extension of Kitt Creek Road west to intersect with Wake Road.  Residents questioned whether the road was really needed and if so, the alignment should turn north so as not to encourage cut-through traffic. 

Changes Since Town Council Public Hearing

There have been no changes since the public hearing.   

4.  Staff Observation on the Activity Center Concept Plan: 

The Activity Center Concept Plan covers the southern quadrant of the Activity Center Overlay District.  (This ACOD is not a typical four-quadrant intersection).  Much of the property covered by the ACCP has already been approved by the Town as part of the Village at the Park Planned Development.  A church owns property on the west side of Alston Avenue and the ACCP shows this as church (O&I) uses.  The remaining parcels are shown as single-family residential.  Approval criteria for Activity Center Concept Plans are set forth in Section 4.4.2(J) of the Land Development Ordinance: 

Consistency with the Land Use Plan - This request is consistent with the current Town of Cary Comprehensive Plan and the Northwest Area Plan.   The Cary Land Use Plan proposes a Neighborhood Activity Center for this area.  The Northwest Area Plan calls for an intense mixed use center with focus on commercial/retail and office uses with some high density residential at the intersection of Kitt Creek Parkway and NC 55.  West of Alston Road the plan calls for transitional office compatible with the Very Low Density Residential Area to the west.  The concept plan conforms to the NWAP as the uses transition from intense mixed use at NC 55 to lower density residential and office uses to the west.

Appropriate Mix of Uses – The ACCP contemplates a mixture of uses including retail, office, and high density residential and low density residential.

Meet Town Guidelines – The applicant will be required to meet or exceed all Town design guidelines and development standards.

Includes Medium and higher density residential - The ACCP proposes 809 dwelling units on 167 acres for an overall density of 4.84 units per acre.  This density is in the medium category.

Participation by residents and property owners - Clear evidence was presented at the public hearing that there has been extensive participation with the surrounding residents and agreement and support has been developed for this plan.   

5.  Planning and Zoning Board Motion Options 

Approval Motion:

The Planning and Zoning Board finds that this request is consistent with the current Town of Cary Comprehensive Plan for the reasons cited in this report.  The Planning and Zoning Board recommends that the Activity Center Concept Plan be approved.    

Denial Motion:

The Planning and Zoning Board finds that this request is not consistent with the current Town of Cary Comprehensive Plan for the following reasons: 

The Planning and Zoning Board recommends that this request be denied.

6.  Reference Information   

Meeting Schedule:   

Town Council Public Hearing 
Date:  May 25, 2006
  
Action:  Forwarded to the June 19, 2006 Planning and Zoning Board meeting

Planning & Zoning Board
Date:  June 19, 2006
  
Action:   

Town Council Action 
Date:  July 27, 2006
  

PARCEL & OWNER INFORMATION

PIN 10

DEEDED ACRES  

OWNER

ADDRESS

0736088344

40.30

BAGWELL, HAROLD G  
ALSTON 55 LLC

PO BOX 1700  
GARNER NC 27529-1700

0726976362

10.63

FERRELL, BETTY LOU

1600 MORRISVILLE CARPENTER RD
CARY NC 27519-8633

0726963638

20.00

LIFE COMMUNITY CHURCH OF RESEARCH TRIANGLE PARK NC INC

PO BOX 12017
RTP NC 27709-2017

0736172879

0.36

BAGWELL, HAROLD G CABERNET I REALTY LLC

PO BOX 1700  
GARNER NC 27529-1700

0736064791

38.06

FAIRFIELD RTP LIMITED PARTNERSHIP

2045 N HIGHWAY 360 STE 250
GRAND PRAIRIE TX 75050-1499

0726879384

9.37

FERRELL, BETTY LOU

1600 MORRISVILLE CARPENTER RD
CARY NC 27519-8633

0736172751

0.89

BAGWELL, HAROLD G  
CABERNET 1 REALTY LLC

PO BOX 1700  
GARNER NC 27529-1700

0736077568

3.56

GALAXY INVESTMENTS LLC ETAL
HIGHWAY 54 PARTNERS LLC

4101 LAKE BOONE TRL STE 400
RALEIGH NC 27607-7506

0736182194

1.64

BAGWELL, HAROLD G  
CABERNET 1 REALTY LLC

PO BOX 1700  
GARNER NC 27529-1700

0726951686

40.54

RIGSBEE, DAVID HAROLD SR

2631 ALSTON AVE, CARY, NC 27519

TOTAL

190.49

 

 

Applicant’s Justification Statement Submitted (March 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 (PDF or HTML)

1.  Any issues with the size of the tract? 

This site originally had two land uses during the Northwest Area Plan process; however the size of the site makes it difficult to adequately provide both office and very low density residential.  In this size and location, particularly when residential is involved, only on use is best.   

2.  How is the request compatible with the Comprehensive Plan? (I.e. Land Use, Transportation, Open Space, and Historic Resources?)

The Comprehensive Plan includes a neighborhood activity center at this location and the uses proposed are within the guidelines established for activity centers.   

3.  What are the benefits and detriments to the owner, neighbors and the community? 

As indicated in #1 above, the owner is more able to use his land efficiently.  There are, as you would expect, contrasting opinions within the surrounding community.  In general, larger landowners believe change is coming because of the influences caused by growth in the Research Triangle Park and NC Highway 55/Alston Avenue area.  They see the benefits our request would bring.  Single family homeowners on larger lots in Chatham County and in Wake County near the Chatham County line, approximately a half mile from the site think any change to the Northwest Area Plan will lead to other future changes.  They don’t want any change, now or then.   

4.  How are all the allowable uses, with the proposed request compatible with, or how do they relate to, the uses currently present on adjacent tracts? 

Our site is surrounded by open space and large tracts of land owned by a church.  Our proposal does not negatively impact these adjacent tracts.  The issue is where should very low density residential (VLDR) begin.  We believe property lines and county lines are arbitrary locations to attempt land use transition as in the case in this area of the NW Area Plan.  Stream buffers (within 200’ of open space separation) provide a better transition, and in this situation, stream buffers just west of the activity center provide a natural break between very low density residential to the west and other more intense uses to the east located closer to Alston Avenue.