TOWN OF CARY
REQUEST FOR PLANNED UNIT DEVELOPMENT AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (09-27-01)
01-REZ-09

PETITIONER/OWNER

CONTACT PERSON

Kirit D. & Kalindri K. Padia
103 Lacoste Lane
Cary, NC 27511-6656

919-467-5500
fax 919-467-8038

Christine L. Hilt
CLH Design, PA
121 Edinburgh South, Suite 203
Cary, NC 27511

919-319-6716
fax 919-319-7516
clhdesign@horizons.net

 

LOCATION:

East side of Kildaire Farm Road, just north of the Fonville Morissey office building at 2395 Kildaire Farm Road.

MAPS:

Vicinity Map - Small
Vicinity Map - Large

 

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

May 10, 2001

PLANNING & ZONING BOARD:

September 17, 2001

TOWN COUNCIL:

October 11, 2001

 

PARCEL INFORMATION

Parcel #

Realid #

Area

0762.19-60-4708

0174353

1.49 acres

 

REZONING DATA

 

CURRENT

PROPOSED

Zoning:

Lochmere Planned Unit Development

Lochmere PUD Amended: See proposed amendments below.

Overlay District:

Swift Creek Reservior Watershed Protection District

No change.

Land Use:

Vacant

N/A

 

REZONING HISTORY

Although several amendments have been made to the overall Lochmere PUD since its adoption, staff is not aware of any amendments that have been made to this particular property.

Padia Building – Lochmere PUD
Kildaire Farm Road, Cary, NC

24-Sep-01

CONDITIONS OF LOCHMERE PUD AMMENDMENT PROPOSAL – 01-REZ-09

  1. Reduce the existing buffer along Kildaire Farm Road by 20-ft. from the existing 50-ft. buffer to a 30-ft. buffer.
  2. The existing Kildaire Farm Road Buffer shall be supplemented with nine 2-in. caliper shade trees, fourteen 1-in. caliper understory trees and twenty-seven 4-ft. – 5-ft. tall evergreen shrubs.
  3. Fifteen 4-ft. – 5-ft. tall evergreen trees shall be furnished to the two Lomond Lane property owners nearest the subject property for additional screening on their (Lomond Lane property owners) side of the property line. Failure of installation of these trees by the adjacent property owners will not prevent a certificate of occupancy for the Padia site. Written confirmation of delivery of trees shall be received by the Town of Cary prior to certificate of occupancy.
  4. Thirty 4-ft. – 5-ft. tall evergreen trees shall be planted along the northern parking lot in a staggered row to create more of a buffer between Lomond Lane property owners.
  5. Existing trees along the buffer edge whose roots (as determined by the canopy) are more than 30% disturbed as a result of construction operations shall be replaced at the following rates: For every 600-sq.ft. of lost canopy: one 2-in. caliper canopy trees approximately 8ft tall; two 1 1/2-in. caliper native understory trees; and three 48-in. tall native fruit-bearing shrubs will be planted within the buffer.
  6. A total of thirty, 5-gal. plants, consisting of native canopy, understory and fruit-bearing plants, shall be installed to supplement the Neuse River Buffer to within 6-ft. of the existing greenway path. The purpose of the plantings is not to block the view of the lake from the building but to soften the buildings impact from lake front views and to improve the quality of the Neuse River Buffer.
  7. Lochmere representatives shall be allowed to review the locations of all buffer plantings prior to installation.
  8. All plant material shall be warranted for one year from the date of installation by the landscape company or nursery, and all dead plant material shall be replaced by the property owner before expiration of the warranty period. An extension of six months may be granted if the warranty period ends during the summer months of June, July and August. 
  9. All proposed at grade impervious surface areas shall have one layer of one of the following: asphalt, concrete, or 3-in of #57 washed gravel, or ABC stone installed prior to the framing inspection of the structure. 
  10. A stormwater management system shall be constructed which utilizes engineered stormwater control structures and/or best management practices (such as sand filters, filter strips roof water recycling, underground detention pipes, etc.) to: (1) meet all the applicable requirements of the Town of Cary and State of North Carolina; (2) reduce the export of nitrogen from the site to a rate of less than 7-lbs./ac/yr. Any surface detention facilities shall be screened from off-site view with landscaping.
  11. Sediment carried from the subject site during construction and deposited on or adjacent to the lakeside greenway path shall be removed and properly disposed of within 72-hrs. of the sedimentation causing event by the property owner.
  12. The Board of Directors of the Lochmere Association shall be contacted throughout the development of the architectural design and periodically provided with progress drawings for their review and comment prior to review by the Town of Cary Appearance Commission. This contact will be made by the design firm during the plan review process. Plans and specifications for construction on the subject property must be submitted for review and approval by the Architectural Committee or the Board of Directors of the Lochmere Association per applicable covenants, conditions and restrictions for Lochmere PUD prior to submitting a site plan to the Town of Cary for review. Written confirmation of this approval will be included in the site plan submittal package to the Town. The general architecture of the proposed building shall conform with the following:
  1. Major roof shall consist or two or more planes joining at ridges and sloped not less than 3:12. Minor roofs (i.e. elevator roof) may have lower slopes.
  2. Roofing materials shall be limited to residential style shingles, wood shakes or standing seam metal.
  3. Building exterior wall finishes shall consist or horizontal siding similar to adjacent buildings, brick masonry similar to adjacent buildings, or a combination of siding and brick with siding as the dominant material and brick as a secondary material.
  4. Color finishes for exposed exterior materials shall be compatible with those of other buildings in the Lochmere P.U.D. located in the immediate area of the project site.

END OF CONDITIONS

SITE DATA

WATER/SEWER SERVICE

Based on Town of Cary MapInfo:

Water service is available to the property via a 12" waterline within Kildaire Farm Road right-of-way.

Sanitary sewer service is available to the property via an 8" sewer line within a public easement along the rear (eastern boundary) of the property.

 

TRANSPORTATION

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

Since no land use changes are being requested, a traffic study is not needed.

Kildaire Farm Road is designated on the Town’s Comprehensive Transportation Plan to have an ultimate cross section consisting of 5 lanes with wide outside lanes (69’ back-to-back). This cross-section requires an additional 2’ of right-of-way on each side of Kildaire Farm Road. As part of site development, the developer will need to ensure that right-of-way is dedicated in conformance with the Transportation Plan along the frontage of the property.

 

ENVIRONMENTAL CONSIDERATIONS

The project is in the Swift Creek watershed and would have to meet the requirements of the Reservoir Watershed Protection Ordinance of the Town of Cary if the re-zoning is approved. This project is part of the overall Lochmere PUD that is grandfathered from the requirements of the Reservoir Watershed Protection Ordinance. The project now has a 100-foot stream buffer associated with it and the applicant would be required to request a Modification by variance according to Chapter 14.6.8(a), if the applicant wished to reduce this stream buffer. The project would be required to meet the new nitrogen removal ordinance of the Town of Cary.

 

ADJACENT ZONING AND LAND USES

 

Zoning:

Land Use:

North:

Lochmere PUD

Townhomes

South:

Lochmere PUD

Office Building

East:

Lochmere PUD

Lochside Lake

West:

Lochmere PUD

Church

 

TOWN OF CARY FUTURE LAND USE PLAN DATA

 

CURRENT

PROPOSED

Plan Designation:

Commercial

No Change

Alternate Designation:

None

No Change

Activity Center:

None

No Change

 

STAFF ANALYSIS AND RECOMMENDATION

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

 

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

 

REZONING REQUEST

Analysis: At the public hearing, a number of adjacent property owners objected to the proposed Lochmere PUD amendment. More specifically, the concerns consisted of water run off, traffic, parking issues, and building size. Over the last few months, the applicants have been meeting with the adjacent owners to review proposals for new conditions. The new list of conditions is the result of the negotiations between the property owners, developer and applicant. Staff has reviewed these conditions and made some suggestions to help clarify the content of these statements. These suggestions have been sent to the applicant, property owners, and adjacent property owners for review. While staff generally supports this amendment to the PUD, we feel the suggested language in the conditions as proposed by staff are necessary to aid all parties in the understanding and enforcement of this rezoning. It will be very important during the plan review process and during the construction period if approved. Staff expects to get the final conditions from the applicants sometime prior to Monday nights meeting of the Planning and Zoning Board.

Upon receipt of these conditions, we will forward for your review via email prior to Monday’s meeting.

Recommendation: Will be presented at the Planning and Zoning Board meeting.

 

PLANNING & ZONING BOARD IMPACT STATEMENT

Board voted to forward to Council for approval at their September 27, 2001 Council meeting.

TOWN COUNCIL IMPACT STATEMENT

Council voted unanimously to approve.

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 Department/2001 Zoning Cases/01-rez-09.