1. Town of Cary Watershed protection ordinance will be met by construction of onsite measures or by provision of down stream off site improvements through cooperative planning efforts with adjacent and down stream property owners. Impervious areas of over 12% shall be allowed with mitigation measures developed for the parcel as a whole as opposed to individual measures for each lot.

2. A 30 foot easement shall be required along Cary Parkway to serve as a buffer and future right-of-way for Cary Parkway improvements

3. Uses that are prohibited are as follows: quarries; junkyards; fertilizer plants; chemical plants; meat packing plants; slaughterhouses; copper works; foundries for iron and steel; oxygen manufacturing; poultry dressing; railroad freight yard; soap detergent and washing compound; stonecutting; refineries; nuclear and hazardous waste storage; natural gas storage; nuclear plants.

1. All building setbacks specified for all uses may be reduced a maximum of 10% by the Town of Cary Staff.

2. The proposed street layout may vary due to topography and building configurations; however, the general layout will remain the same.

3. All types of open space, buffers and streetscapes shall be as specified in this PUD document and not subject to any or all code changes. No building or parking setbacks shall be required against any type of open space.

4. Stream buffers shall be undisturbed land areas reserved adjacent to streams to protect water quality. No grading is allowed within the stream buffer except for street crossings, utilities, stormwater devices and where allowed under the Watershed Ordinance.

5. Buffers: In most instances the existing vegetation will remain unchanged in buffers; however, if the natural vegetation is inadequate or disturbed by grading, additional plantings will be added. Buffers will not be lotted into.

Water: The applicant is proposing to serve the development with an 8" water main which connects directly to a 16" existing water line alone Cary Parkway. No offsite water easement is expected.

A Traffic Analysis was conducted by HNTB dated July, 2001. This analysis indicates that the proposed uses will generate 72 AM peak hour trips and 92 PM peak hour trips for 152 multi-family units and 84 Congregate Care Facility units.

The total weekday trips for 156 multi-family units, a maximum 72-unit senior living facility, and 10,000 sq.ft. Office as proposed will be 1179 trips. The AM peak hour will generate 89 trips and the PM peak hour will generate 111 trips.

The existing PEC zoning developed as an office park (102,500sq.ft.) will generate 160 AM peak hour trips and 153 PM peak hour trips. As an Industrial Park, similar to the Woodwinds Industrial Park, the property would generate 126 AM peak hour trips and 113 PM peak hour trips.

Cary Parkway - south of Old Apex Road has a daily 2001 traffic volume of 29,652. The existing level of service at Cary Parkway & Old Apex Road is "D" for both the morning and afternoon peak hour.

Therefore, no traffic impact study is required for rezoning. A traffic impact study may be required at site plan.

Roadway Improvements

The Comprehensive Transportation Plan designates Cary Parkway to have wide (14’) outside lanes for bicycles. The developer will be required to dedicate any additional right-of-way and construct the bike lanes (or make a payment-in-lieu) at time of site development.

The project is located in the Swift Creek Watershed and will have to meet the requirements of the Reservoir Watershed Protection Ordinance of the Town of Cary. There are riparian buffer considerations that will have to be addressed on the property.

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Amendment history: None

• The Land Use Plan identifies the site for office industrial use which reflects the existing zoning which is Planned Employment Center. The Plan also identifies a neighborhood activity center (NAC) in the area of the intersection of SE Cary Parkway and Old Apex Road.

• A NAC is a mixed-use, focused pedestrian friendly form of development alternative to unattractive, inefficient strip development and sprawling subdivisions. Activity centers are made up of a focus area (mainly commercial with some office and institutional uses) and of a support area (mainly residential of varying densities).

• High density and medium density development may be considered appropriate within one eighth to one quarter mile from the center for pedestrian accessibility and support for the connectivity of activities and uses and the services offered also to reduce dependency on the automobile.

• Residential densities in the focus area and portions of the support area can range between 8 –16 units per acre appropriate for townhouses and low rise apartments. They should transition to between 4 and 8 units per acre at the outer edge of the support area appropriate for patio homes, duplexes and small lot single-family homes.

In this case the focus area of the Neighborhood Activity Center is located on the northeast quadrant at the intersection of SE Cary Parkway and Old Road Apex. The site lies on a quadrant diagonally opposite. This is not ideal as such a location forces residents to cross two arterials to access the focus area. However, the proposal as amended has transitioned the density of units proposed decreasing in scale from the center to the outer edge and provided pedestrian accessibility is maximized to the shopping center from the site, it broadly complies with the activity center concept.

Specifically staff recommends adding a condition that provides a complete sidewalk linkage to the Old Apex, SW Cary Parkway intersection. The existing pedestrian traffic signal should be modified by the applicant to provide a pedestrian activate signal crossing.

This application conforms with several key principles of the Growth Management Plan. It supports the Plan’s goal of concentrating growth near existing and planned employment and activity centers and available infrastructure, and of encouraging higher densities in infill and preferred-growth areas, such as activity centers, in order to lessen or avoid urban extensions at the Town’s periphery.

Open Space and Historic Resources Plan: No significant resources affected by this proposal.