Town of Cary, North Carolina

Mixed Use Sketch Plan Staff Report to the Town Council

07-MU-004: Silverton/Brier Ridge MUSP

Kevin A. Hales, Case Manager

Request

The applicant is requesting that Town Council approve a Mixed Use Sketch Plan to allow for the development of 328 multi-family dwelling units and 25,000± square feet of office space on approximately 22.19 acres.  The property is located west of the intersection of Northwest Cary Parkway and Evans Road.

There is an associated PDD Amendment to the Silverton PDD (07-REZ-13) in review with this case.

The purpose of the Mixed Use Overlay District is to enable the development of lands in areas designated as mixed use centers on the Land Use Plan Map in accordance with the guidance of Comprehensive Plan and individual mixed use sketch plans. It is intended to promote higher-density, mixed-use developments of varying sizes, as an alternative to lower-density separate-use suburban sprawl-type development.

Mixed use sketch plans are conceptual documents that address the general density, mix of uses, and development patterns within a mixed use center. They are less detailed than the site plans required for full site plan review. The intent is to provide sufficient information to determine consistency with the Comprehensive Plan and the Town’s Design Guidelines. Specific development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site plan is submitted.  All such requirements can be found at http:vic.townofcary.org.

Site Plan (1 OF 3)

SITE PLAN (2 of 3)

SITE PLAN (3 OF 3)

Background Information

Changes Since The Town Council Public Hearing:  Minor changes have been made to the plan to address Staff comments regarding the physical layout of the site.  A building was removed and changes made to two building “types” to maintain the same number of dwelling units.  The changes were required to remove the proposed constructed wetland from the floodplain.  The amenity center was relocated to a more central location to meet the Cary Design Guidelines.

The applicant proposed to make the first floor of the non-residential building Commercial in response to Staff’s requests for more Commercial uses.  The addition of the new use requires a new public hearing before Council, and therefore the applicant withdrew the proposed changes and is proceeding with the original proposal of 25,000± square feet of Office.

Overview of Silverton Mixed Use Center (Existing Conditions):

The Silverton Neighborhood Mixed Use Center has the following metrics as currently built or under construction:

Consistency with the Comprehensive Plan

A. Land Use Plan:  This request conforms to the adopted Land Use Plan as it is within the Silverton Neighborhood Mixed Use Center and provides a mix of uses.  The current land use designation is Office/Institutional within a Neighborhood Mixed Use Center, and the proposed uses are appropriate in a mixed use center.  Staff has concerns about the mixture of uses proposed as explained further below.

B.  Growth Management Plan:
The Growth Management Plan includes the following three Guiding Principles which are relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
3. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.

C.  Affordable Housing Plan:  Some of the applicable goals from the Affordable Housing Plan include:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
3. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.
4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

Affordable housing is defined as dwelling units that cost no more than 30% of the income of families and individuals earning 80% (for buyers) or 60% (for renters) or less of the area median income of $71,600, adjusted for family size (2006 HUD Data).

D. Transportation
Existing Section:  Evans Road: approx. 80’ ROW; Cary Parkway.: 100’ ROW

Future Section:  Evans Road: 124’ ROW, 6-lanes; Cary Parkway.: 100’ ROW 4-lanes

Road Improvements:  widening to meet the Town’s Comprehensive Transportation Plan

Sidewalks Requirements:  Sidewalks required on both sides of Cary Parkway. and Evans Road

Bicycle Requirements:  14’ wide outside lanes required on both sides of Cary Parkway and Evans Road

Transit Requirements:  None

Traffic Analysis:  A traffic study (07-TAR-264) has been completed by HNTB.  The TAR analyzed 328 apartment units and a 25,500 sf office building for a 2008 build out.  The apartments (ITE Land Use Code 220) generated 167 AM peak hour trips and 203 PM peak hour trips.  The office building (ITE Land Use Code 710) generated 40 AM trips and 38 PM trips.

The following improvements were identified in the draft analysis.  The TOC is currently reviewing the draft so the recommendations are not final at this time.

Evans Road and NW Cary Parkway:

• Construct a southbound exclusive right-turn lane on Evans Road with at least 500 feet of storage.
• Construct additional 200 foot left-turn lane on eastbound NW Cary Parkway.

NW Cary Parkway and Site Driveway #1/Winfair Drive:

• Site egress driveway should have a separate left-turn and through/right-turn lanes.  The driveway throat length should be designed to accommodate at least 2 vehicles (50 feet) prior to the internal circulation roadway that parallels NW Cary Parkway.

E.  Parks & Greenways:  Greenways Map

In accordance with the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the Developer will construct approximately 1,480 linear feet of 10’ wide public asphalt trail along the northern property line and approximately 325’ of 10’ wide asphalt multi-use trail along the Evans Road frontage, provide 20’ wide Town of Cary Greenway Easements centered on these trails, and provide a 30’ wide Town of Cary Greenway Easement along the western property line in Zone 3 of the Urban Transition Buffer.  Developer will construct 6’ wide private asphalt trail connections to the public greenway trail; location and number of connections to be determined at site plan approval.  A payment-in-lieu will be required for any residential development in accordance with the Land Development Ordinance.  According to the Open Space and Historical Resources Plan (OSHRP) this site was not identified as significant/proposed open space.  These comments were reviewed and approved by the Greenways Committee at its October 2007 meeting and by the Parks, Recreation and Cultural Resources Advisory Board at its November 2007 meeting.

F.  Environmental: 

According to the Town of Cary GIS maps, there may be some impact from Urban Transition Buffers on the project.  The extent of these buffers on the ground will be field determined and at that point the project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

G.  Buffers: 

The project is located within the Silverton PDD and will be subject to all of the buffer requirements stated in the approved PDD document except as may be amended in the associated rezoning case (07-REZ-13).  The current buffers proposed are a 50’ buffer along the western property line (for a total of 100’ between the project and Weston Place Townhouses) and a 20’ buffer along the northern property line (for a total of 70’ between the project and the Cary Church of God facility).

H.  Streetscape: 

Per the Silverton PDD, the applicant is required to provide a 30’ streetscape along both Northwest Cary Parkway and Evans Road.

Consistency with the Land Development Ordinance

The proposed project is in the mixed use sketch stage, and therefore only preliminary engineering of the site has been done.  Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

Dimensional Requirements Comparison:

* Standard non-residential setbacks require 30’ from any roadway with 50’ provided if parking is located between the Building and roadway.  Within a Mixed Use Center with an approved Sketch Plan (Alston Activity Center Plan) streetscapes may be reduced to a minimum of 10’ based on design criteria that are met.

** Building height is 35’ maximum within 100’ of a residential zoning boundary, 50’ outside of 100’ boundary.  Height maximums may be increased based on an increased setback from any roadway.

SUMMARY

The Land Use Plan sets the non-residential square footage for a Neighborhood Mixed Use Center in the area of 250,000 square feet.  This would, in an ideal situation, be split evenly between commercial and office uses.  Complicating the situation in this case is the underlying zoning, which is the Silverton PDD.  This PDD envisioned a larger, industrial park environment along Evans Road, north of Cary Parkway, with Medium Density Residential pods south of Cary Parkway.  This led to the development of office/flex buildings along Evans Road which, when compared with the current Mixed Use Center guidelines, tip the balance of uses heavily in the direction of office and institutional uses (205,518 sq. ft. with the church and daycare added).  This initial development pattern has resulted in a complete absence of commercial square footage in the Silverton Mixed Use Overlay District (MUOD). The current proposal will add an additional 25,000 square feet of office in a district that already exceeds the range for the amount office uses.

Under the Silverton PDD, the property directly across Cary Parkway from this MUSP is designated as a “shopping center”.  A Mixed Use project consisting of Commercial, Office, and Multi-Family uses was submitted for that parcel earlier in 2007, but was withdrawn by the applicant after receiving opposition from the surrounding community.  To date, no additional plans have been submitted to the Town; however, two pre-application meetings have been held for the parcel.  The site plans provided during the pre-application meetings were both developed using the base zoning of the tract rather than taking advantage of the MUOD.

Through the review process, Staff has requested that the Brier Ridge developer change all or a portion of their proposed Office square footage to Commercial uses.  The intent behind that request is to provide a more integrated project by providing services that potential residents are more likely to frequent than would be the case with a standard Office use.

The site layout includes a series of detention ponds which have been incorporated into the design an amenity, rather than being located in a corner of the site as an afterthought.  For the 184 units (57%) that back up to the water features, this layout provides a unique sense of place.  Of the remaining units, 96 (29%) back up to the perimeter of the site (including the constructed wetlands to the west), and 48 (14%) are located in buildings which back up to one another.  The overall Staff impression of the layout is that it does not stand out significantly from the standard garden-style apartment communities found elsewhere in Town.  The Office portion of the site is oriented toward the intersection with little interaction between the two sites.  However, when coupled with the small percentage of Office uses proposed, the layout created the impression that both sites were planned independently of one another which is inconsistent with the intent and purpose of the mixed use plan process.

Staff believes a more integrated project with a mixture of Medium or High Density Residential units closely integrated with Commercial uses is more consistent with the intent of a mixed use center.  Office uses would be considered, but should not dominate the project.

P&Z Board Recommendation

The Planning and Zoning Board recommended denial of the Mixed Use Sketch Plan by a vote of 7-1.

Staff Recommendation

Staff recommends denial of this Mixed Use Sketch Plan based on the following as detailed in the Staff Summary above:

1.   The plan does not contain a mix of uses appropriate for the quadrant or the Mixed Use Center as a whole.  Specifically, the Mixed Use Center and this particular quadrant contain an amount of Office use that already exceeds the range established in the applicable Mixed Use/Activity Center guidelines.  Commercial square footage in lieu of the Office would contribute to a more pedestrian-friendly quadrant by providing services to the higher density housing immediately adjacent and across Evans Road.

2.  The plan does not present a logical and effective integration of the different uses proposed; rather, it is designed as two distinct “sites” under the umbrella of a single project.  A more integrated design of medium to high density housing over commercial floor space (vertical mix), or a better horizontal mix in the uses would be more consistent with the Design Guidelines for Mixed Use Centers.

Town Council Criteria for Consideration in Reviewing Mixed Use Sketch Plans:

Proposed mixed use sketch plans shall be reviewed for compliance with the following approval criteria where deemed appropriate (i.e., it may not be practical for some existing or partially-built mixed use district to achieve certain design standards).

Section 4.4.2 (J) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing mixed use sketch plans.

(1)        The mixed use sketch plan has been prepared consistent with the requirements of this Section and the Land Use Plan;

(2)        The mixed use sketch plan includes an appropriate mix of land uses for the overall activity center, including residential, commercial, office, and institutional uses;

(3)        The mixed use sketch plan will meet or exceed Town design guidelines and other established Town standards;

(4)        The mixed use sketch plan includes medium- and higher-density housing;

(5)        The mixed use sketch plan includes some formal outdoor space for public use, such as a park, village green, or plaza; larger mixed use centers should include more such space than smaller centers; and

(6)        The mixed use sketch plan demonstrates that there has been participation by residents, property owners in the surrounding neighborhoods, and the Town, so that the proposed development responds specially to the unique conditions of the area.

Other 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.

¹ Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2006-2007 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

² 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 134 two-bedroom units could yield 27 additional students, while 134 three bedroom units could yield 100 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.

³ High School Projected Students are a total of all high school students and should not be counted twice when looking for a total number of new students.  Wake County Public Schools has not provided a multiplier for each grade level.

APPLICANT’S JUSTIFICATION STATEMENT SUBMITTED (JULY 2, 2007)

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) and do not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition:

How is the proposed request reasonable?  In explaining how it is reasonable, please address the first four questions; #5 is for a PDD request:

1.  Any issues with the size of the tract?

The size of the tract is conducive to the use being proposed.

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?

When submitting a MUSP, a comprehensive plan amendment is not required.

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

The proposed use is compatible with the existing uses in the area and provides an effective transition with the existing residential development.  Less traffic will be generated with the proposed mix of residential and office than with the entire site being developed as office.  Office is still being provided with the proposed MUSP.  The regulations in the LDO will adequately protect adjacent property owners.

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

The proposed uses are compatible since other property in the vicinity of the proposed MUSP is currently developed for the same type of residential and nonresidential uses proposed.