Town of Cary

The applicant is requesting Town Council approve a mixed use sketch plan to allow office, commercial and residential uses on approximately 15.81 acres located in the southwest quadrant of the Chapel Hill and NW Maynard Roads intersection and within the Northwoods West Neighborhood Mixed Use Overlay District.

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.

Applicant	Jerry Turner and Associates, Inc. (Glenda Toppe)
Agent	Glenda Toppe Jerry Turner and Associates, Inc. 905 Jones Franklin Road Raleigh , NC 27606
Acreage	15.81 ±
General Location Vicinity Map	Southwest quadrant of Chapel Hill and NW Maynard Roads intersection
Hearings / Meetings	*Public Hearing* December 13, 2007	*Planning & Zoning* March 17 and April 28, 2008	*Town Council* May 8 or 29, 2008*
Land Use Designation	Mixed Use and within the NW Maynard Activity Center
Town Limits	Portion of Maynard Village MUSP within Cary Town Limits: 13.81 ± acres Portion of Maynard Village MUSP within Cary ’s ETJ, but not within Cary Town Limits: 2 ± acres
Annexation	For those parcels not within the Town Corporate Limits, but within Cary ’s ETJ, annexation is required at time of site or subdivision plan submittal
Valid Protest	No protests were received regarding this case; therefore, no supermajority vote is required.
March P&Z Recommendation	Table the MUSP until the April P&Z Meeting 6-1
April P&Z Recommendation	To be provided after the April Planning and Zoning Board Meeting
Existing Use	Vacant and Single Family Detached Dwelling Units
Proposed Use	70,000 SF of office uses; 54,000 SF of commercial uses; and 24 dwelling units
Final Council Action	To be provided after the Town Council Meeting
Staff Contact	Jennifer Currin, Planner II Email: jennifer.currin@townofcary.org Phone: (919) 469-4342 Mailing Address: P.O. Box 8005 , Cary , NC 27512

*The date of this meeting will be determined after the P&Z Board recommendation. If a unanimous recommendation is made, it will go to the first meeting of the month on consent; if not on consent, it will go to the second meeting. Furthermore, if the case has a valid protest petition, it will go to the second meeting of the month as a discussion item, even if there is a unanimous recommendation for approval.

SUMMARY OF ORIGINAL REQUESTED MIXED USE SKETCH PLAN PRESENTED AT THE TOWN COUNCIL PUBLIC HEARING

The applicant is proposing 70,000 square feet of office uses, 54,000 square feet of commercial uses and 24 residential dwelling units.

There are 8 nonresidential, single-use buildings proposed in the Maynard Village MUSP. The office buildings shown are proposed to range in height from 1 to 3 stories. The commercial use buildings will be 1 story in height. The largest nonresidential building shows a maximum of 52,300 square feet of office uses. A 4,000 sq. ft. bank is proposed at the corner of Chapel Hill and NW Maynard Roads.

The applicant has proposed one 3-story building for the 24 multi-family dwelling units. The multi-family building is shown along the northwestern portion of the subject site, which is adjacent to the Nancy Jones House.

Two stormwater BMPs are proposed on the MUSP; one is located along the southwestern portion of the subject site and the other is located along the southern tip of the proposed layout.

SUMMARY OF ORIGINAL REQUESTED MIXED USE SKETCH PLAN PRESENTED AT THE TOWN COUNCIL PUBLIC HEARING

The applicant is proposing 70,000 square feet of office uses, 54,000 square feet of commercial uses and 24 residential dwelling units.

Two stormwater BMPs are proposed on the MUSP; one is located along the southwestern portion of the subject site and the other is located along the southern tip of the proposed layout.

Feedback at the Town Council Public Hearing: The applicant stated this request complies with the Comprehensive Plan, since the request proposes commercial, office and residential uses. The applicant stated a potential existed for as much as 70,000 square feet of commercial and 77,000 square feet of office; however, because of the trip budget that is part of the approved comprehensive plan, the project proposes a maximum of 54,000 square feet of commercial, 70,000 square feet of office and 24 residential units. The applicant stated they have designed the site according to the Town’s design guidelines. The applicant has placed several buildings adjacent to both major roadways as well as provided plazas, sitting areas and sidewalks throughout the site to create a pedestrian-friendly environment. The applicant stated that there is a residential use along the western property boundary, where the Nancy Jones House is located, and they understand that the Town would like to see the house remain. The applicant stated it is their intent to propose a development that will enhance that possibility and will not be a detriment to any future use of the house.

A citizen spoke about the importance of protecting the Nancy Jones House, which was built circa 1803 and is the oldest surviving home in the Cary area. The citizen stated the staff report indicates in Note 5 that the proposed roadway setback for a 24-unit residential building of 20 feet is incompatible with the existing Nancy Jones House 100-foot roadway setback. The report also indicates that the proposed height and mass of the three-story multi-family residential building is not in scale with the Nancy Jones House. The citizen urged Council to consider scale, buffers, setback, appropriateness and intensity of the mixed use sketch plan, since it is next door to one of the area’s most significant premier historic sites. The second citizen concurred with the previous comments and additionally noted that the buffer reduction request along the railway right-of-way and the potential traffic impacts are concerns.

A Council member stated they were pleased the proposal stays within the trip budget, but is concerned with the building configuration and does not think it is cohesive. It was expressed that a large expanse of parking is not pedestrian friendly. A generous buffer adjacent to the Nancy Jones House is preferred by members on Council. Concerns were also expressed whether a residential use is appropriate in this location. A Council member requested that Staff and the applicant provide information showing the long-term vision for connecting the site to the Nancy Jones House.

Changes Since the Town Council Public Hearing: Since the Town Council public hearing, the applicant and Town Staff met to discuss the layout and comments from the public hearing, and resulted in the applicant modifying the proposed site layout as described below.

The revised plan shows many of the buildings re-arranged to meet design guidelines for mixed use centers which includes increasing pedestrian connectivity. The original western-most office and commercial buildings were repositioned on the site to create a “mini” main street. Building J, as identified in the Mixed Use Sketch Plan (MUSP), has been moved away from NW Maynard Road and closer the other buildings located north and west of Building J. The residential building has been rotated away from Chapel Hill Road and the Nancy Jones House so that it now almost parallels the property line between the subject site and the Nancy Jones House. The residential building is now a focal point where the “main street” terminates.

The largest non-residential building has been reduced to 50,000 square feet. The MUSP includes a table identifying floorspace in the buildings and the square feet of each use in those buildings.

The right-in/right-out driveway originally proposed along Chapel Hill Road near the intersection with NW Maynard Road has been removed, aiding in pedestrian safety and connectivity.

The applicant specified that a 20’ Type A buffer would be provided along the western property line adjacent to the Nancy Jones House. The Maynard Village MUSP provides a note stating that an access easement is to be reserved for a future connection to the Nancy Jones House property. A 50’ streetscape has also been provided along Chapel Hill Road in front of the residential building. A 20’ streetscape along NW Maynard Road is proposed. The applicant indicates in Note 2 on the MUSP that the 10’ reduction to the streetscape is due to the parking, but the building will have an entrance towards the street with pedestrian access, thus meeting the intent of the mixed use sketch plan guidelines. The applicant further states that the parking will be hidden effectively with plant material and the building will have a significant façade, thus providing a major presence along Maynard Road . The MUSP also proposes a 10’ Type A buffer along the railroad. The applicant has stated that a retaining wall (if needed) and a solid fence will be provided. The applicant has also included in a note that the developer is committed to sound attenuation measures for the residential units. Best Management Practices (BMPs), parking, and travel aisles have also been provided between the railroad and the buildings to further reduce the impact of the railroad on this site.

Feedback at the March Planning and Zoning Board Meeting: Although a few Planning and Zoning Board members supported the mix of uses, the applicant’s consideration of the traffic budget, and the applicant and Staff working together, a few concerns were raised during the meeting. Several Planning and Zoning Board members expressed concerns about the NW Maynard Activity Center Land Use Plan recommended a 30’ buffer adjacent to the railroad right-of-way and the applicant requesting that the buffer adjacent to the railroad be reduced to a 10’ Type A buffer. Another concern raised was about the buffer reduction from forty (40) feet to twenty (20) feet along the western property line, adjacent to the Nancy Jones’ House. A request was also made that representatives from the Capital Area Preservation, Inc. (CAP) evaluate 2 of the houses currently existing on site. A concern was voiced regarding a right turn lane and what sound attenuation measures might be used in the residential building. The Planning and Zoning Board also wanted to know what the remaining conditions were that Staff wanted the applicant to address and did not feel comfortable forwarding the MUSP to Town Council without knowing Staff’s comments.

Changes Since the Planning and Zoning Board Meeting: Since the Planning and Zoning Board meeting, the applicant responded to Staff’s third review comments. In Staff’s recommendation to the Planning and Zoning Board in March, Staff requested that the interaction between building J and NW Maynard Road be increased. The applicant has shown a small plaza possibly with ‘monumental’ stairs. The design of this area will be submitted during the site plan approval process. The applicant stated that the fence provided along the railroad right-of-way will be either an industrial grade PVC or a concrete tilt up fence.

To address the question regarding the sound attenuation measures, the applicant stated in their comment responses that some sound attenuation will be achieved through the use of the retaining walls and the fence placed on top. Most probably the concrete tilt up would be used along the residential segment. Only slight attenuation/absorption is achieved through plant material so increasing the buffer specifically for this would not be effective. Noise level design requirements will be required on the site plan and may include measures to the exterior walls; windows; doors; roof-ceiling assembly; floors, foundations and basements; ventilation and wall penetrations; or other alternatives.

Several notes have been added to the MUSP or revised. These notes refer to the public art location at the intersection of NW Maynard Road and Chapel Hill Rd , the specific deviations from the LDO requested in the MUSP, modifications submitted and reviewed in accordance with LDO 3.19.1 and 4.4.2(L), and timing of installation of focal point features.

A. Land Use Plan:
The governing element of the Comprehensive Plan for these properties is the Northwest Maynard Activity Center Land Use Plan, originally adopted by Council in December 2003. The Plan’s land use recommendations for this southwest quadrant of the intersection were amended via case 06-CPA-03 on October 12, 2006. The Plan currently designates all the subject parcels on the southwest quadrant as “Mixed Use (MXD),” but subject to Notes #2, #4, and #5 on the Plan Map, as well as the “Traffic” section of the “Purpose and Intent” text box on the Plan Map. The text of Notes 2, 4, and 5, plus the “Traffic” portion of the Plan Map text, are provided below, along with an analysis of the degree to which the sketch plan application conforms to the Notes and plan text:

Note #2: This mixed-use area can include Commercial uses, Office and Institutional uses, or residential uses. A substantial and reasonable mix of at least two of the three aforementioned use categories should be provided, exclusive of any residential units provided under the commercial bonus provision described in (c.), below. At a minimum, no more than about two-thirds of the developed floorspace should be in the same major use category. General guidelines:

a.) Lot consolidation and the provision of shared driveways onto Chapel Hill Road are also recommended in this area, in order to maximize the overall redevelopment potential and avoid land use conflicts with neighboring lots.

b.) If both residential and nonresidential uses occur on this quadrant, the architectural styles of the two types of uses should be compatible, and transitions between such uses should conform to Cary’s Design Guidelines Manual.

c.) Office uses should be limited to no more than about +/- 77,000 square feet of office space on this quadrant, and Commercial/Retail uses to no more than about +/- 60,000 square feet if no residential units are provided on the SW quadrant, but allow an additional 1,000 sq. ft. of commercial/retail for every dwelling unit provided, up to a maximum of about +/- 70,000 sq. ft. of commercial/retail. Individual retail spaces/anchors should not exceed about 50,000 sq. ft.

d.) For mixed-use buildings, the floorspace for the individual uses within such buildings will be subject to the above floorspace caps.

e.) The total number of residential units should not exceed about 128 units (equivalent to the maximum yield of Medium Density Residential applied over the entire quadrant). However, either Medium or High Density Residential housing types are acceptable.

Staff analysis re. Note 2: The mix and amount of land uses proposed in the Mixed Use Sketch Plan conforms to the land use designation and Note #2 of the NW Maynard Activity Center Land Use Plan. It is not yet possible to determine the extent to which 2.b. is satisfied, until building elevations and architectural details are provided.

Note #4: Buffer adjacent to railroad right-of-way, minimum of 30 ft. wide. Recommended to include a sound wall or fencing to block view of railroad.

Staff analysis re. Note 4: When the CPA was approved in 2006 recommending the 30’ buffer, a site layout had not been submitted to the Town of Cary for review. Typically, when designing a site, one would expect higher intensity uses to be placed closer to the intersection of Chapel Hill and NW Maynard Roads and placement of lower intensity uses farther away ( parallel to the railroad right-of-way) from the major thoroughfares. However, when the mixed use sketch plan was submitted, the applicant placed the 24 residential dwelling units along the western portion of the site, perpendicular to the railroad ROW, (and not parallel to the railroad right-of-way) to provide a transition between the Nancy Jones House, a residential use, and the nonresidential proposed in the Maynard Village MUSP. By locating the residential building along the western property line, the applicant was transitioning uses to be consistent with Note #5 in the NW Maynard Activity Center Land Use Plan. In addition to the 10’ Type A buffer, which includes an opaque fence, the MUSP provides travel aisles, BMPs, parking spaces and/or, in some instances, a sidewalk between any of the residential and nonresidential uses and the railroad right-of-way. These measures should effectively block the view of the railroad. It is for the reasons mentioned above that Staff determined that a 10’ buffer adjacent to the railroad ROW is appropriate and is not inconsistent with Note #4 on the NW Maynard Activity Center Land Use Plan.

Note #5: Towards the western edge of the activity center individual buildings should be of a height, mass, and architectural style compatible with the adjacent single family residential uses to the immediate west of the activity center, in order to create an effective transition between uses.

Staff analysis re. Note 5: The parcel immediately west of the site is the 4.5-acre Gillespie property, home to the Nancy Jones House, the oldest historic building in Cary, dating from about 1810, and listed on the National Register of Historic Places. The Nancy Jones House is situated approximately 400 feet west of the sketch plan’s western boundary, and is set back approximately 100 ft. from Chapel Hill Road. The MUSP includes a 3-story, 24-unit multifamily residential building at the western end of its site, near the Gillespie/Nancy Jones property.

Following the initial public hearing, and in response to staff and Council comments, this building has been rotated on the site so that it is further away from Chapel Hill Road and the Nancy Jones House property to the west than it was in the original submission. The building is aligned so that it now almost parallels the property line between the Nancy Jones House. The multifamily building is now set back 50 ft. from Chapel Hill Road, and about 150 ft. from the property line of the Gillespie property at the building’s closest point, and about 200 ft. at its furthest point. Thus, the proposed building would be approximately 550 ft. to the east of the Nancy Jones House at its closest point.

The sketch plan also proposes a 20-foot Type A buffer on the common property line, which is a 20-foot reduction from the 40-foot Type A buffer that would have otherwise been required under the Land Development Ordinance. In addition, there is presently a generous stand of trees and vegetation on the Gillespie Property, between the Nancy Jones House and the property line, which can further help to block views between the two sites, to help soften the transition.

Thus, while the height and mass of the proposed 24-unit building could be considered incompatible with the Nancy Jones House if the two buildings were sited in close proximity, the physical separation and buffers between the two buildings makes it less imperative to match height and scale. Overall, compatibility between the two buildings or sites has been achieved using a combination of separation, buffers, height, and mass.

Finally, Note #5 implies that there should be architectural compatibility between the Nancy Jones House and the proposed 3-story multifamily building. However, it is not yet possible to fully determine the extent to which this recommendation is satisfied, until building elevations and architectural details are provided.

Purpose and Intent Text Box, “Traffic” Section: The subject parcels are also subject to the Plan Map’s special notes regarding traffic. The first paragraph under the “Traffic” heading of the “Purpose and Intent” text box on the NW Maynard Activity Center Land Use Plan map is as follows:

The overall level of traffic associated with future development within this activity center should not exceed the level that might reasonably have been expected for this neighborhood activity center, prior to the rezoning of the northeast quadrant in May 2003 for a Lowe’s Home Improvement Center (02-REZ-19). Thus, total trip generation across the entire activity center should not exceed more than about 12,900 ADT (Average Daily Trips) on weekdays, and 13,500 ADT on Saturdays. Future development plans and Mixed Use Sketch Plans should strive to keep the overall activity center ADT within about +/- 5% of the weekday ADT target, and within about +/- 7.5% of the Saturday ADT target.

Staff analysis re. “Purpose and Intent,” “Traffic”: The sketch plan proposes 54,000 sq. ft. of commercial uses, 70,000 sq. ft. of office uses, and 24 residential units. Using the same methodology as used in evaluating case 06-CPA-03 Bashyam in 2006, the amount of development proposed by the sketch plan is 4% over the weekday ADT target, and 7.8% over the Saturday ADT target. Thus, the sketch plan conforms with the Purpose and Intent statement that the overall activity center ADT be within about ± 5% of the weekday ADT target, and within about ± 7.5% of the Saturday ADT target.

B. Comprehensive Transportation Plan:
The Town’s Transportation Plan identifies two thoroughfare roadways in the vicinity of the subject parcels:

Transit Requirements: Bus stop shelter and concrete pad meeting the Town’s specifications will be required along NW Maynard Road adjacent to the 3-story office building.

Traffic Analysis: A traffic study was conducted by HNTB (06-TAR-208) in July 2006 with a build out year of 2009. The following mitigations are identified in the traffic study analysis:

· Site accesses #1, 3, 4 and 5 are all right-in/right-out. The location of Site access #2 should be evaluated to ensure that it meets NCDOT median spacing guidelines for full access.

· Construct a NB separate left turn lane and right turn lane at the site exit (Site Access #2) with at least 150 feet of driveway throat length for queue storage.

· Construct a WB left-turn lane on NC 54 into Site Access #2 with at least 100 feet of storage.

· A signal warrant analysis should be done within the first year of occupancy at the intersection of NC 54 and Site Access #2. Pending the results of the warrant analysis, a signal installation may be required.

Following the March Planning and Zoning Board discussion, staff re-evaluated the need for a right turn lane off of eastbound Chapel Hill Road into the main site driveway. With three through lanes, the traffic study did not recommend a separate turn lane at this driveway to meet our APF requirements. In addition, the combination of the through volumes and the projected turning volumes do not indicate that a separate turn lane is needed from a roadway design warrants standpoint. Therefore, staff does not recommend a separate right turn lane although it may later be required by NCDOT.

There is a trip budget associated with this intersection that should be considered as well.

According to the Parks, Recreation & Cultural Resources Facilities Master Plan there are no issues related to this site. A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.

The Open Space Plan and its priority open space inventory do not identify any significant natural resources on the subject parcels. The collection of parcels does contain a mix of hardwood/conifer tree cover, typical of the area. There are presently 6 homes among the 13 lots included in the application. The oldest two homes date from 1940 and 1945, with the others dating from 1953, 1958 (two homes), and 1970. The 1940 house is a 2-story home of about 2,400 sq. ft. The 1945 house is a single-story of about 2,400 sq. ft. However, neither the 1940 nor the 1945 house are currently listed on the Wake County Historic Resources Inventory.

Nevertheless, since the County Inventory is not exhaustive, with the applicants’ permission, staff asked the Town’s on-call historic resources consultants (Capital Area Preservation, Inc.) to perform a cursory evaluation of the two oldest homes, in order to ensure that they weren’t omitted from the County Inventory in error. On April 4, 2008 , the Town’s consultants from Capital Area Preservation (CAP) performed an on-site evaluation. CAP verified that none of the homes met the criteria to be listed on the Wake County Historic and Architectural Survey. In their report to staff dated April 11, 2008 , CAP reported that:

“The houses are Minimal Traditional and Ranch styles dating from the 1940s-1970s. There are other houses on the Survey located in Cary that stand as better examples of these housing types built during these decades. Further, Edwards-Pitman Environmental, Inc., which conducted the 2001-2007 update to the Survey, made a similar determination regarding these properties, thus explaining their absence from the Survey list to date.
“If the six houses are to be demolished, we would suggest that Lotus Investments, LLC donate any usable materials from the houses to .. the Habitat for Humanity ReStore program in Wake County ..

Since CAP determined that none of the homes met the criteria to be listed on the Wake County Historic and Architectural Survey, Staff does not recommend saving the existing homes.

Immediately west of and adjacent to the subject site lies the Gillespie property, which contains the Nancy Jones House, the oldest home in Cary , dating from about 1810. The Nancy Jones House is eligible for the National Register.

The Town of Cary has an adopted Affordable Housing Plan; applicable goals from this 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 80% of area median income.

3. Encourage the location of high density housing within walking density and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, or through “mixed use” developments.

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.

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

1. Guiding Principle R1: Ensure that adequate infrastructure and services are available concurrently with new development.

Analysis: Water and sewer infrastructure is available, and the Adequate Public Facilities Ordinance for Transportation will ensure concurrency for roadway capacity.

2. Guiding Principle L1: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis: The subject parcels are located within an area where urban services are readily available, and is located within a planned mixed-use center.

3. Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development.

Analysis: The NW Maynard Activity Center Land Use Plan, as adopted in 2003, recommended future land use densities and intensities that conform with and reflect the degree to which the Town has identified this as a preferred growth area.

G. Environmental:
According to the Town of Cary GIS maps, there are no stream buffers impacting the subject request. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

H. Buffers:
According to the Northwest Maynard Activity Center Land Use Plan, the buffer adjacent to the railroad right-of-way shall be a minimum of 30 feet wide and recommended to include a sound wall or fencing to block view of the railroad. The applicant is proposing a 10’ buffer adjacent to the railroad right-of-way (see comments under Note #4 in the Land Use Plan section of the report). According to Chapter 7 (LDO), the applicant is required to provide a 40’ Type “A” buffer along the western boundary of the subject property since the proposed residential units are adjacent to a Residential-40 (R-40) zoned parcel. The applicant is proposing a 20’ buffer along the western boundary of the subject request (see comments under Note #5 in the Land Use Plan section of the report).

I. Streetscape:
According to Chapter 7 (LDO), the applicant is required to provide a 30’ streetscape along both Chapel Hill Road and NW Maynard Road where nonresidential uses are proposed. Along the street frontage on Chapel Hill Road , where the residential component is proposed, a 50’ streetscape is required by the LDO. The Maynard Village MUSP proposes variable streetscapes from 20’ to 50’ along Chapel Hill Road . The applicant does provide a 50’ streetscape along Chapel Hill Road where the residential units are located. The streetscape along NW Maynard Road varies in width. The majority of the streetscape along NW Maynard road is 20’ in width, which as proposed represents a 10’ reduction from the standard 30’ width.

PLANNING AND ZONING BOARD 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 the Planning and Zoning Board 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;

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;

(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.

Staff has reviewed this proposal in regard to various Town plans and requirements and makes the following observations:

The subject site is located within the previously approved Northwoods West Mixed Use Overlay District and the NW Maynard Activity Center Land Use Plan. This mixed use center is designated as a Neighborhood Center. According to the Mixed Use Center Inventory, 141,075 square feet of commercial uses and 59,348 square feet of office uses, including churches, have been developed in the Northwoods West Neighborhood Mixed Use Center.

Staff’s evaluation of the request, as outlined above in the staff report, found the proposal to be consistent with the Comprehensive Plan.

When reviewing a mixed use sketch plan (MUSP), Staff evaluates the MUSP with the 7 Design Principles: Create Human Scale; Create a Sense of Place; Connect Uses; Provide Transitions; Reduce Parking Impacts; Plan for Pedestrians, Bicyclists and Transit Users; and Provide Open Space.

Below is an analysis of the proposed Maynard Village MUSP in relation to the 7 Design Principles:

The buildings proposed along the “main street” are one and two story buildings, which is not overwhelming in scale. Elements such as plazas have been included to define pedestrian corridors along the main street.

The site offers outdoor seating areas and hardscape plazas for public use adjacent to some of the commercial and office buildings. The applicant has also proposed approximately 11 focal points, including one at the terminus of the main street adjacent to the residential building, and a public art location at the corner of Chapel Hill Road and NW Maynard Road . On the MUSP, the applicant has indicated that the focal point by the residential building could be a fountain or sculpture to tie in with other thematic features on the site and that the design of features will be reflective of architecture. Also, the applicant identified a public art location at the intersection of Chapel Hill and NW Maynard Roads. The applicant provided a note on the plan in reference to the corner of Chapel Hill and NW Maynard Roads. The note states that “walls/project id shall be designed in keeping with art or sculptural elements on corners of intersection (per discussion with Denise Dickens). Art to be reviewed and approved via site plan approval process and T.O.C. public art review process.”

The Maynard Village MUSP proposes an access easement to be reserved for future connection to the Nancy Jones House. Also, sidewalks have been provided from both Chapel Hill and NW Maynard Roads to the project, as well as throughout the site, for pedestrians to access the site.

From the western property line, adjacent to the Nancy Jones House, the residential building is the closest building to the property line. The 24 unit residential building is approximately 140’ from the western property line. The site then transitions and proposes two office buildings, and eventually commercial and other non-residential buildings. Also, an opaque buffer will be provided between the subject site and the Nancy Jones House to the west and the railroad to the south.

Most of the parking is situated towards the center of the proposed MUSP. Pedestrian connections have been designated through the parking lot so that it can be traversed. Also, the MUSP has stated in Note 3, that parking islands will be provided in accordance with the LDO requirements. Note 2 in the MUSP states that the parking will be hidden effectively with plant material to reduce the impact of the parking along NW Maynard Road. Where parking is provided along Chapel Hill Road, the applicant has mostly provided a 30’ streetscape. There are some locations where a 20’ streetscape is provided; however, in these areas, the MUSP typically shows only one row of parking spaces. A lower level parking garage has also been provided with office Building J to reduce the parking impacts.

Pedestrian connectivity is shown on the plan with sidewalks provided along NW Maynard and Chapel Hill Roads, as well as internally to the site. Pedestrian connections have been shown connecting all buildings in the site. Bicycle parking will be a site plan requirement. A bus stop shelter will also be required, as noted in the Comprehensive Transportation Plan section of this report.

A 40’ streetscape is provided at the intersection of Chapel Hill and NW Maynard Roads. The MUSP also provides hardscaped plazas throughout the site, including the areas along the mini “main street” and near office Building J. The MUSP identifies that there is approximately 0.28 acres provided in hardscaped plazas, which excludes sidewalks and outparcel outdoor seating areas.

The applicant is requesting reductions to the buffer adjacent to the railroad and along the western property line, adjacent to the Nancy Jones House, and is also proposing variable widths along the streetscapes. Staff recommends approval of these reductions for the following reasons:

When the CPA was approved in 2006, a site layout had not been submitted for review. One would expect higher intensity uses to be placed closer to the intersection and placement of lower intensity uses farther away from the major thoroughfares. When the mixed use sketch plan was submitted, the applicant placed the residential dwelling units along the western portion of the site, perpendicular to the railroad ROW, to provide a transition between the Nancy Jones House and the proposed nonresidential. This transitioning of uses is consistent with Note #5 in the Plan. In addition to the 10’ Type A buffer, which includes an opaque fence, the MUSP provides travel aisles, BMPs, parking spaces and/or, in some instances, a sidewalk between any of the uses and the railroad right-of-way.

The applicant has proposed placing the residential building along the western property line, adjacent to the Nancy Jones House, which is an appropriate transition, instead of placing the nonresidential adjacent to the Nancy Jones House. At the closest point, the residential building in the MUSP is 140’ to the western property line. Also, the Nancy Jones House is approximately an additional 400’ from their property line.

The applicant is proposing to reduce the streetscape to 20’ in some instances along Chapel Hill and NW Maynard Roads. However, a 50’ streetscape is being provided along the residential portion of the streetscape. As part of the Maynard Village MUSP, the applicant located buildings closer to the thoroughfares to be consistent with the Town’s design guidelines. The applicant has provided sidewalk connections and larger hardscaped plazas, along both Chapel Hill and NW Maynard Roads, leading into the site. The proposed MUSP also locates the parking towards the center of the project and/or a single row of parking along the major thoroughfares in some instances.

As mentioned previously in the staff report, since CAP determined that none of the homes met the criteria to be listed on the Wake County Historic and Architectural Survey, Staff does not recommend saving the existing homes.

At this time, major issues and comments noted in previous reviews have been addressed. Staff’s evaluation of the request found the proposal to be consistent with the Comprehensive Plan. Overall, the sketch plan is consistent with the Town’s Design Guidelines for mixed use centers and provides a good balance between the various guidelines and principles. Staff recommends forwarding the plan to the Town Council with a recommendation for approval.

The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.

School Information
Assigned Schools	20^th Day Enrollment*	Permanent Seat Capacity	Average Percent Occupied	Projected Range of Additional Students**
Northwoods Elementary	607	591	103%	1-9
West Cary Middle	1161	1023	113%	0-6
Panther Creek High*** (G 9-11)	1496	1663	90%	0-5***
Cary High (G 12)***	1890	2217	85%	0-5***
Total Projected range of additional students				1-20

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 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. The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment. At mixed use sketch plan review, student yield can not be accurately determined due to unknown variables.

****** Wake County does not provide multipliers for individual grades. The projected range for additional high school students is for both Panther Creek and Cary High Schools.

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 does 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):

1. Any issues with the size of the tract? There are not issues with the size of the tract.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? Our request is compatible with the comprehensive plan amendment that was approved by the Town Council on October 12, 2006.

3. What are the benefits and detriments to the owner, neighbors and the community? By following the guidelines of the Comprehensive Plan, we are introducing a mix of uses that are at a scale and intensity appropriate for the area. The plan provides residents who live in close proximity to the proposed development additional support services. The regulations in the LDO will adequately protect adjacent property owners.

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? The allowable uses are compatible to uses already approved and built within the Northwoods West Mixed Use Overlay District which our site is part of. Our quadrant is the last one to come in for approval. Together, all four quadrants make a cohesive, well-planned activity center.