Town of Cary

06-MU-07 Cornerstone Mixed Use Sketch Plan

Staff Report to the Town Council

Background Information

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

Existing Zoning Overlay District:  Mixed Use Overlay District

Requested Approval:  Mixed Use Sketch Plan (MUSP)

Land Use Plan Designation:  The subject parcels are located within the Cornerstone Mixed Use Center, which encompasses all four quadrants around the intersection of Davis Drive and High House Road.  A community-scale activity center is intended to include a balanced mix of commercial, office/institutional and residential uses at moderate-to-high densities.  The Land Use Plan also provides an alternative recommendation of either Low Density Residential (1-3 dwellings per acre) or Traditional Neighborhood Development.
Land Use Map

Acreage:  41.84 ±

Location:  Northeast quadrant of Davis Drive and High House Road
Vicinity Map

Applicant:

Greg Sanchez

High House Davis, LLC

4309 Emperor Blvd., Suite 110

Durham, NC 27703

(919) 941-5745

Applicant’s Contact Person:

Charles Smith

Withers & Ravenel, Inc.

111 MacKenan Dr.

Cary, NC 27511

csmith@withersravenel.com

(919) 469-3340

Town of Cary Case Manager: 
Jennifer Currin, Planner II

316 N Academy Street

Cary, NC 27513

(919) 469-4342

jennifer.currin@townofcary.org

 

Summary of Requested Mixed Use Sketch Plan

The mixed use sketch plan submittal, which incorporates Traditional Neighborhood Development (TND) standards as outlined in the LDO, such as vertically-based mixed use design, proposes a combination of non-residential and residential uses.

The proposed plan incorporates a new site layout on approximately 41.84 acres. The proposed plan limits the maximum non-residential floor area to 220,000 square feet. While the applicant is proposing 200,000 square feet of commercial uses allowed and 50,000 square feet of office uses allowed, the maximum threshold of 220,000 square feet of non-residential space will not be exceeded. A minimum of 100,000 square feet of commercial and 7,500 square feet of office are proposed. With the current proposal, the maximum building size for any one tenant will be 50,000 square feet, unless that tenant is a movie theater. A note has been added that no more than one tenant may use this much space and no more than three additional tenants may occupy as much as 30,000 square feet each.

The applicant has proposed that as the project develops, the owner/developer may reduce up to 50,000 square feet of non-residential uses for 50 residential units. Also specified in the revised plan is that no more than three outparcel sites shall be allowed to include drive-thrus with a maximum of 2 fast food users.

Multi-family residential and townhouses are still the residential types proposed. A maximum of 340 residential units and a minimum of 300 residential units are proposed. A voluntary note to the plan has been added, which states that the total residential units will be comprised of a minimum of 20 townhouse units and a maximum of 40 townhouse units. Within the multi-family units, no more than 6% of the multi-family units will have 3 bedrooms and a minimum of 42% will be 1 bedroom units.

The following table depicts the overall changes to non-residential square feet and residential units through this process that have occurred to date.  As indicated below, the project has been reduced by a total of 150,000 square feet of non-residential square feet and 130 multi-family dwelling units since the original submittal.

Site Plan
Color Illustrative

Historical Information on the Initial Mixed Use Sketch Plan (MUSP) Submittals

Prior to the current MUSP revision submitted on July 10, 2007, the proposed plan limited the maximum non-residential floor area to 250,000 square feet.  While the applicant was proposing up to 200,000 square feet of commercial uses allowed and up to 70,000 square feet of office uses allowed, the maximum threshold of 250,000 square feet of non-residential space was not to be exceeded.  A voluntary condition was included which limits any single non-residential tenant to a maximum of 60,000 square feet, unless that tenant is a movie theater. The applicant committed to minimum amounts of commercial and office uses as well. A minimum of 100,000 square feet of commercial and 30,000 square feet of office was committed. The maximum building height was reduced from 5 stories to 4 stories. The plan proposed a residential building which will be 4 stories in height and include a basement.

The applicant proposed 36 townhouse units in 9 buildings on approximately 4.07 acres as part of this request. The maximum number of total units in the previous submittal was 450. A minimum of 300 multi-family units is remaining in this submittal. The total acreage of the project was 47.61± acres.

The original proposed sketch plan specified 4 single- family dwelling units, 450 multi-family dwelling units, and 370,000 square feet of office, retail, restaurant, and civic uses. While the overall maximum was 370,000 square feet for all permitted uses, individually up to 350,000 sq. ft. of retail/restaurant uses were allowed and up to 90,000 sq. ft. of office use were allowed. The applicant was proposing a maximum building height of 5 stories. The only reduction being requested by the applicant to the LDO requirements was a reduction to the parking standards.

The initial sketch plan provided 4 single family detached residences in the mixed use sketch plan boundary. Single family detached dwellings are permitted in Community Centers; however, according to LDO 5.2.1 (L), one of the requirements is a minimum density of 3.5 dwelling units per acre. The 4 previously proposed single-family residences did not meet this LDO requirement. The total acreage of the project originally was 67.90±.

A.      Transportation

High House Road

Existing Roadway Section:  5 lanes, right of way (ROW) varies

Future Roadway Section:  4 lane median divided, 100’ ROW

Schedule:  N/A

Sidewalk Requirements:  Both

Bicycle Requirements:  Wide outside lane

Transit Requirements:  Bus shelter with concrete pad is required approximately 70 feet prior to the second entrance in the westbound direction on High House Road.  Dimensions of the bus shelter should at least 5 foot wide and 12 feet in length with a bench included.  Must have metal supports with clear sidings for safety and security.

Davis Drive

Existing Roadway Section:  4 lane median divided, right of way (ROW) varies

Future Roadway Section:  4 lane median divided, 100’ ROW

Schedule:  N/A

Sidewalk Requirements:  Both

Bicycle Requirements:  Wide outside lane

Transit Requirements:  None

B.  Traffic Impact Analysis:  A draft traffic impact study has been prepared by town traffic consultant, Sepi Engineering dated January 2007.  An updated study was completed by Sepi Engineering in May 2007 and will supersede and replace the previous study.

The study (07-TAR-231a) recommends the following improvements to meet Town of Cary Adequate Public Facilities Requirements.

These improvements and the requirements of the Town of Cary Comprehensive Transportation Plan will provide mitigation for site impacts as required by the Adequate Public Facilities Ordinance.

Level of Service and Delay (sec/veh) Results –

Study Area Intersections

Traffic Impact Study (07-TAR-231a)

N/A => Intersection not analyzed / Intersection does not exist

^=> Critical intersection movement for unsignalized intersection

* => Delay incalculable

In December 2005, the Town of Cary completed the road improvement which changed Davis Drive from a two lane road to a four lane median divided roadway. This improvement has cut travel time in half. Travel times from US 64 to Morrisville Carpenter Road was reduced from 23 minutes to 11 minutes. This improved travel time generated drivers from Cary Parkway and NC 55 to shift to Davis Drive. As a result in 2006, the traffic volume on Davis Drive increased 60%. Twenty (20%) percent of the increase appears to be traffic diverted from Cary Parkway.

Early 2007, NCDOT opened NC 55 to the future four lane section. As a result, all traffic diverted from NC 55 should return to that highway. With the improved travel times on NC 55, drivers from Apex and Holly Springs and southwestern Wake County should return to NC 55. Recent counts (1/17/2006) from the traffic camera at Davis Drive and High House Road indicate that traffic volume on Davis Drive has already decreased by 10%+-. As more drivers divert back to NC 55, additional reductions to traffic on Davis Drive are expected. 

NCDOT plans to start construction on Davis Drive north of Morrisville Carpenter Road to RTP in the spring. This construction should also divert traffic to NC 55.

C.  Parks & Greenways:  Greenways Maps
A 10’ wide, concrete multi-use trail is required along the north side of High House Road.  A payment-in-lieu will be required for any subdivided residential development in accordance with the Land Development Ordinance.  A privately maintained (but open to the public) 10’ wide asphalt greenway trail will be constructed along the northern and eastern edge of the loop road with a paved pedestrian connection to Council Gap Drive.  (The Greenway Committee and the PRCR Advisory Board at its May meeting reviewed these recommendations and unanimously approved them).  Public art is desired at the corner of Davis Drive and High House Road; all public art will go through the public art review process.

Feedback at the Town Council Public Hearings

The initial public hearing was held on January 11, 2007. The public hearing was continued until January 22. On January 22, the public hearing was closed; however, Council scheduled an additional public hearing for March 22.

Citizen concerns expressed at all of the public hearings were flooding, pedestrian connectivity, traffic, buffers, building height, pedestrian safety, possible depreciation of property values, relocation of the cemetery, the proposal exceeding the community mixed use center concept, preserving the Maynard-Stone house, stormwater runoff, school capacities, density, minimal notification, and loss of history.

Comments were also made in support of this proposed project and presented to Council during the public hearings. One citizen stated that this is the first opportunity that Cary has seen for this type of development, and that it is what the Town’s plan calls for.

Changes Since the Town Council Public Hearings

The applicant has made the various changes noted above and guaranteed a minimum 30,000 square feet of office space. The streetscape has been revised to provide an average of 30’, where at no point shall the streetscape fall below 20’. Information regarding distances from the cell tower to the residential and non-residential buildings and the cell tower height has been provided in the latest revision of the sketch plan. The applicant indicated that the cell tower is 169’ in height, and the shortest distance between the closest buildings (residential and non-residential) is 100’. The mixed use sketch plan now shows a second BMP located at the corner of the Loop Road and Davis Drive. No reductions have been requested.

Planning and Zoning Board Recommendation

On June 18, 2007, the Planning and Zoning Board voted 4-3 to forward this request to Council with a recommendation of denial.

Changes Since the Planning and Zoning Board Meetings

Besides the revisions noted above in the Section titled “Summary of Requested Mixed Use Sketch Plan”, the applicant has made revisions to the overall site layout. Originally, the center of the proposed project was directed towards the intersection of High House Road and Davis Drive. The revision shows the layout shifting so that the current proposal has direct access to the center of the project from High House Rd. and Davis Dr.  The townhouses are still located between the existing detached single family houses to the north and the non-residential and multi-family proposed within the Cornerstone MUSP.

The mixed use sketch plan presented to the Planning and Zoning Board had a total of 5 outparcels included in the plan. The revised plan shows a total of 6 outparcels. Four of the outparcels are located along High House Road, while the other two have been shown on either side of the Davis Drive entrance closest to the High House Road and Davis Dr. intersection. The applicant proposed a note specifying that no more than 3 outparcels sites shall be allowed to include drive-thrus, with a maximum of 2 fast food users.

The applicant is now proposing 4 parking decks, instead of the 2 previously shown on the mixed use sketch plan. The buildings footprints surrounding these parking decks have also been revised to accommodate the new site layout. Within the median, between Buildings 2, 3, 10, and 11, 2 locations for commercial buildings have been depicted. These 2 buildings (labeled as Building #9) shall not exceed 1,000 square feet or 1 story in height.

The previous plan showed 2 BMP locations. The current proposal shows 3 BMP locations. One BMP (BMP #2) is still located south of the Davis Drive/Loop Road intersection. BMP #3 is located south of BMP #2 between the southernmost Townhouse building and the parking lot provided, which primarily serves Building #1. BMP #1 is located along the Loop Rd., south of Orum Drive, and directly north of Building #6. The BMPs are still designed to meet the 50 yr. storm event.

A specific note has been added to the Cornerstone Mixed Use Sketch Plan regarding the transit stop along High House Road and the pedestrian connectivity between the Cornerstone MUSP and Stone Creek Village. The transit note addresses issues such as when it will be constructed, the size of the concrete pad and shelter, and the materials it shall include. The pedestrian connectivity note states that prior to site plan approval, the developer will participate in a pedestrian study to determine the need for a grade separated connection between this site and Stone Creek Village.

Staff Observations on the Mixed Use Sketch Plan

Staff has reviewed this proposal against various Town plans and requirements. Additionally, information is provided in response to numerous concerns raised by citizens about various topics.

Consistency with the Adopted Land Use Plan & Density

The adopted Land Use Plan makes two recommendations for future development of this property (in fact it does so for all land in all mixed use centers across Town) in a sort of “layered” fashion. 

The land use plan designates this property for LDR or TND development.  That is, the entire property could be low density residential development (at densities of 1 to 3 dwelling units per acre) or it could be developed in a more intense, mixed fashion, using TND principles. TND is a type or style of development (more often referred to as “New Urbanism”).  The land use plan also includes additional policy direction.  It has a corresponding designation for this entire intersection that builds on the “base” policy and further recommends this location to develop and function as a community scale, mixed use center (CC). 

LDO Section 4.4.2(C), Types of Mixed Use Centers, further codifies and expands upon the concepts contained in the Land Use Plan. The intensity, amount, and size of development within the Mixed Use Overlay District are based on three types of the center designations used on the Land Use Plan Map and Zoning Map.  The three types of mixed use centers are intended to function as set forth below, while more specific descriptions may be found within the Land Use Plan.

(1)      Neighborhood

The Neighborhood Center is intended to facilitate the development of a center at the neighborhood scale.  Neighborhoods are contiguous areas, generally containing approximately 600 to 1,500 dwellings, or approximately 1,500 to 3,500 people.  The Neighborhood Center should contain facilities vital to the day-to-day activity of a neighborhood (e.g., grocery, drug store, church, service station) located in close proximity to one another.  The Neighborhood Center should contain the neighborhood’s highest-density housing and be located to facilitate pedestrian travel between the two areas.

(2)      Community

The Community Center is intended to facilitate the development of a center at the community scale.  Communities are generally made up of three to five neighborhoods and contain approximately 2,000 to 7,000 dwellings, or approximately 10,000 to 20,000 people.  The Community Center area is larger and more diverse than neighborhood areas and contains commercial, institutional, recreational, and service facilities needed to support the surrounding community (e.g., large supermarket, large drug store, specialty shops, and community parks).  The Community Center should contain the community’s highest-density housing and should be located to facilitate pedestrian travel between the two areas. 

(3)      Regional

The Regional Center is intended to facilitate the development of a center at the regional scale.  A region is a collection of adjacent communities, and has between 80,000 and 150,000 people.  This district is intended to encourage the development of large-scale, distinctive, attractive regional centers containing a mix of concentrated land uses.  These high-quality and highly visible regional centers are intended to serve as Cary’s "image-makers.”  The center should contain major economic generators, most with a regional market draw, such as a regional shopping mall, major employer, a large high school or community college, restaurants, theaters, hotels, and relatively dense office development.  The area should contain a broad mix of complementary uses, such as high-density multi-family housing, major civic and public facilities, parks, and open space.  Mass transit facilities and pedestrian-friendly elements are important components of development in this type of center, in order to reduce demand for auto travel as well as increase visual interest.

Staff has evaluated the standards for reclassifying the Cornerstone Mixed Use Community Center (CC) to a Regional Center (RC). While the square feet of non-residential begin to exceed the ideal amount in a CC as outlined in the Land Use Plan, Staff assesses a reclassification on many considerations.  For instance, a regional center supplies a larger amount of region-serving office space and high density residential units than what would be expected in a community center, "the principal commercial establishment will likely be a large regional shopping mall...,” and a regional center would normally be expected to contain a concentration of large anchor stores. A community center is expected to serve 10,000 to 20,000 people; whereas, a regional center should serve between 80,000 and 150,000 people. Cary’s population as of April 1, 2007 was 121,457.

Staff determined through evaluating these criteria that there is not a sufficient amount of region-serving office space and high density residential units than what would be expected in a regional center, the principal commercial establishment does not mimic a mall, at this point there is not a concentration of large anchor tenants planned for the Cornerstone CC, and the population of people the Cornerstone community center would serve is not comparable to the expectation in a regional center.

According to the adopted Land Use plan, in a community center, the actual amounts of uses in a center will likely vary according to different circumstances. The land use plan state that typically community centers will contain plus or minus 500,000 square feet of non-residential uses and normally looking to achieve at least 1 multifamily unit per 1,000 square feet of non-residential floorspace. Within a regional center, plus or minus 1.5 million square feet of non-residential floorspace is typical. Although, the square feet of non-residential is important, the types and intent of services more clearly define a community center than the square feet. Below is a table showing the amounts currently approved in the Cornerstone CC.