TOWN OF CARY
REQUEST FOR PLANNED UNIT DEVELOPMENT AMENDMENT &
LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT
01-REZ-01/01-LPA-02

PETITIONER

CONTACT PERSON

PROPERTY OWNER

Millpond KPT, LLC
c/o Konover Property Trust,Inc.
11000 Regency Parkway Suite 300
Cary, NC 27511
(919) 462-8787
(919) 234-3189 (Fax)

Shannon Dixon
Konover Property Trust, Inc.
11000 Regency Pkwy, Suite 300
Cary, NC 27511
(919) 372-3107
(919) 234-3189 (Fax)
ssdixon@konovertrust.com

Same as petitioner

LOCATION:

Intersection of Kildaire Farm Road and Ten-Ten Road

MAPS:

Vicinity Map: Large & Small
 Proposed Site Data
Existing Master Land Use Plan
Existing Site Data
Proposed Master Land Use Plan
 

In Town Limits [X] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ ]

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

March 8, 2001

PLANNING & ZONING BOARD:

April 16, 2001

TOWN COUNCIL:

May 10, 2001

 

PARCEL INFORMATION

Parcel #

Realid #

Area

0761.03-12-4457

0065145

3.20 acres

0761.03-03-2159

0184065

12.77 acres

0761.03-02-3050

0184066

31.55 acres

0761.02-02-5880

0213979

3.47 acres

0761.03-11-5918

0232384

0.19 acres

0761.03-11-2267

0232405

7.17 acres

0761.03-01-8542

0266784

3.56 acres

 

REZONING DATA
 

CURRENT

PROPOSED

Zoning:

Mill Pond Village Planned Unit Development

No Change, just amending existing PUD conditions

Overlay District:

Swift Creek Reservoir Watershed Protection District

No change

Land Use:

A shopping center is under construction on a portion of the property. The remainder of the property is vacant.

There are a few changes in the permitted land uses and square footages. These changes are summarized below.

What follows is a summary of the major changes to the Mill Pond Village PUD:

    1. Two outparcel buildings slated for retail have been replaced with parking.
    2. A daycare facility (6,120 sq. ft.) has been replaced with a 4,420 sq. ft. bank.
    3. The original bank site has been replaced with a 5,000 sq. ft. building to be used as either retail or restaurant.
    4. The gas station square footage has been increased from 1,800 sq. ft. to 2,700 sq. ft.
    5. Total office sq. ft. has increased by 6,120.
    6. The square footage of the drug store on the east side of Kildaire Farm Road has been increased from 11,000 sq. ft. to 14,490 sq. ft.  Also, the applicant would like a retail option in lieu of a drug store.
    7. The square footage of Office D (located on the east side of Kildaire Farm Road) has been decreased from 26,500 to 24,628.
    8. The original plan limited a portion of the first floor of the main shopping center to offices (in the vicinity of the multi-story portion of the building). The proposed amendments would allow office or retail in this area.
    9. Total gross leasable area remains as originally approved.
    10. Total percent of impervious surface remains the same as originally approved.

                                       Current Approval                           Proposed

TOTAL RETAIL*                 130,960                                      No change

TOTAL OFFICE                  129,274                                      135,394

DAYCARE                             6,120                                        0

GROSS LEASABLE
AREA                                266,354                                      No change

*Includes bank, restaurant, gas station and drug store

REZONING HISTORY

Case # 96-REZ-35

From R-40 (Wake County) To O&I CU and B-2 CU and R-12 CU

Approved by Town Council on: September 26, 1996
 

Case # 98-REZ-08

From R-12CU and O&ICU and B-2CU To Mill Pond Village Planned Unit Development (PUD)

Approved by Town Council on: January 28, 1999

 

Case # 00-REZ-36

From Mill Pond Village PUD To Mill Pond Village PUD Amended

Withdrawn by applicant. On December 14th, 2000 Council granted a waiver to the 1 year waiting period.

 

SITE DATA

WATER/SEWER SERVICE

Staff Remarks: Sanitary sewer service to Mill Pond Village will be provided through 8" lines located along the north property line along the Fernwood subdivision and along the east side of the farm pond. Extensions of the sanitary sewer line are indicated to the properties downstream to the east, west, and south for future development.

 

The plans for Mill Pond Village include the installation of a 16" water line within the Ten Ten Road right-of-way along the property frontage as well as a 10" loop within the northwestern portion of the project. The 16" water line will be required to be extended west on Ten Ten Road and tied to the existing 12" line along Kildaire Farm Road. The plan indicates that water service will also be gained through the existing 12" water line along Kildaire Farm Road.

 

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ ] No [ X]

Staff Remarks: A Traffic Impact Analysis (TIA) was prepared in June 1998 for the original Mill Pond Village approval. This PUD Amendment would increase the weekday trips by 419 trips or 5.6% decrease. The AM Peak will decrease 68 trips or 16.5%. The PM peak will reduce 60 trips or 8.0%. Due to the total reduction of site traffic, a TIA was not required as part of the proposed PUD amendments.

The applicant is making significant improvements to Kildaire Farm Road and Ten Ten Road to ensure that the level of service remains at a level D or better. These improvements are being made as a result of the road improvements identified in the 1998 TIA. All road improvements are required to be in place with the completion of Phase 1 (which is all development on the west side of Kildaire Farm Road).

The original TIA proposed a right-in-right-out access to Ten Ten Road from the northeast corner.  If that access is to be full access, the TIA must be revised to determine if a full access driveway can be accommodated safely.  The density of site traffic has been increased on the northeast corner with this amendment.  The morning peak hour will increase from 90 to 200 trips.  The afternoon peak hour increases from 333 to 351 trips with this PUD amendment.

 

ENVIRONMENTAL CONSIDERATIONS

The property is located within the Swift Creek Watershed Protection District. Although the imperious coverage limit is 30 percent, the applicant received a variance to allow 32.17 percent impervious coverage. The applicant is installing a stormwater retention pond to meet the water quality requirements of the Swift Creek watershed ordinance.

 

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:

North:

Residential-12 Conditional Use

Fernwood Subdivision

South:

Residential Multi-family-12 Conditional Use

Apartments (under construction)

East:

Residential-8 Conditional Use

Glenridge Subdivision

West:

Residential-12 Conditional Use

Danbury Subdivision

 

TOWN OF CARY FUTURE LAND USE PLAN DATA
 

CURRENT

PROPOSED

Plan Designation:

Commercial, Residential, and Office/Institutional

Resource Conservation & Commercial

Alternate Designation:

None

None

Activity Center:

Neighborhood

No Change

 

LAND USE PLAN AMENDMENT HISTORY

None.

 

STAFF ANALYSIS AND RECOMMENDATION

CHANGES SINCE PUBLIC HEARING: *Yes [ X ] No [ ]

* The 15 foot buffer shown along the northern boundary of Phase two has been increased to 25 feet.
 

PROTEST PETITION FILED: Valid [ ] Invalid [ x ] None Filed [ ]

 

REZONING EVALUATION

The Land Use Plan identifies the site as part commercial, office institutional and low density residential and as a Neighborhood Activity Center. The proposal is a minor variation, to floor space totals of the approved PUD, and remains within the parameters set out in the Land Use Plan. Notwithstanding this amendment, the development has reached its impervious surface limit. Therefore a 3 acre parcel of the PUD on the eastern side of Kildaire Farm Road and approximately 20 acres of land forming the north west portion of the PUD are to be retained as open space. These parcels are currently identified as Low Density Residential on the Land Use Plan. The plan should be amended to reflect the future land use.

The following is an evaluation of the pros and cons of this request:

Pros

  • Is consistent with the Land Use Plan
  • The amendments are relatively minor given the fact the overall building square footages and impervious surfaces are not changing from the original plan.
  • Overall traffic generation is less than the original approved plan.

Cons
  • The full service access on Ten Ten Road (next to the proposed rug store) is currently shown as full service. Staff feels that this access should be limited to right-in/right-out only UNLESS the applicant can show that a full service access would not negatively impact traffic flow.

Recommendation: Amend the aforementioned parcels on the Land Use Plan from Low Density Residential to Parks,Open Space, Greenways in order that the plan accurately reflects the future land use. Additionally, staff recommends approval of the Mill Pond Village PUD amendments subject to the following condition:

  • That the access point on Ten-Ten Road be limited to right-in/right-out. This applies to Phase 2, which is the site of the drug store, gas station and office building. As an alternative, staff would be willing to entertain any data the applicant could provide that would show that a full service access would not create stacking problems at the intersection of Kildaire Farm Road and Ten Ten Road.
 

 

PLANNING & ZONING BOARD RECOMMENDATION

On April 16, 2001, the Planning & Zoning Board recommended unanimous approval of the Mill Pond Village PUD amendments. The Board’s recommendation also included staff’s recommendation to limit the Ten Ten Road access to right-in/right-out, unless the applicant can demonstrate that a full service access will not negatively impact traffic flow.

 

Information regarding this rezoning case will be on the Internet prior to the public hearing. Our Internet address for this case is www.townofcary.org/ Departments/Planning and Zoning/Current Zoning Cases/01-rez-01.