TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (12-13-01)
01-REZ-17/01-LPA-13

PETITIONER	PROPERTY OWNERS
Elam Todd d’Ambrosi 2601 Weston Parkway, Suite 203 Cary, NC 27513 (919) 678-1071 Fax: (919) 678-1290	Ferrell Investments, LLC 1200 Morrisville Carpenter Road Morrisville, NC 27560-8620 David Stuart Ferrell & Luanne Ferrell Adams RR 1 Box 29 Morrisville, NC 27560-9801

LOCATION:	1132 Morrisville Carpenter Road and 2860 Carpenter Upchurch Road, North of Morrisville-Carpenter Road, South to Morrisville Parkway, West of Davis Drive
MAPS:	Vicinity Map - Small Vicinity Map - Large Zoning Map Aerial Map Land Use Plan Map Stream Buffers Master Land Use Plan Illustrative Plan Park Facility Plan

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

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING:	November 8, 2001
PLANNING & ZONING BOARD:	November 19, 2001
TOWN COUNCIL:	December 13, 2001

PARCEL INFORMATION
Parcel #	Realid #	Area
073504925083 (Part)	0010676	6.89 acres
073504914493 (Part)	0022035	44.34 acres

REZONING DATA
	CURRENT	PROPOSED
Zoning:	Residential 30 (R-30)	Residential 30 (R-30) Planned Unit Development (PUD)
Overlay District:	N/A	N/A
Land Use:	Agricultural	Amendment to the Proposed Planned Unit Development (PUD) for Carpenter Village consisting of Parcels J, K and L.. See Notice Sheet for details on specific changes to this PUD.

REZONING CONDITIONS
CURRENT	PROPOSED
None.	Parcel J (Elementary School) Site plans shall conform to applicable sections of the UDO.
	Parcel K (Parkway Retail) Building Placement – Buildings shall be placed relative to the r-o-w as shown. Balconies, open porches, covered walkways/arches, colonnades, awnings or bay windows may extend 5’ out from building facade. Building Height – Building height shall be one story. Architectural elements may be used to suggest a 1 ½ story building. Parking – Parking space shall be provided to the rear and sides of the buildings. No parking shall be located between the building and Morrisville Parkway. Parking spaces shall be allocated at a ratio of 90% of Town of Cary standards for B-2 uses because of the pedestrian orientation of this development. Building Uses – All uses permitted by the Town of Cary UDO for the B-2 Zoning district, with the following exceptions: motels, outdoor amphitheater, public utility facility, vehicle sales and rentals, cemetery, animal hospital, package delivery, messenger service, college, wholesale warehouse or distribution, commercial outdoor recreation, sexually oriented business, nursing home. Architectural Standards – Finished materials on facades shall be limited to brick, sandstone, cast stone, wood clapboard, or wood shingles. Balconies and porches may be metal on brick or stone facades, and wood on wood facades. The glazed area and all other openings for retail façade shall not be less than 70% of total area, with each façade being calculated separately. Shutters, if any, shall be sized to match opening. Canvas awnings are permitted. Eaves shall be capped by a profiled molding. Flat roofs shall be enclosed by parapets no less than 42" high, or by detailed railings. A master sign plan shall be submitted separately to the Town of Cary. All architectural plans must be reviewed and approved by the Architectural Control Committee of Village Market Place Assoc. Variances to theses standards may be granted by the Architectural Control Committee if exceptional architectural merit is demonstrated. If a variance is approved, a letter so stating will be provided to the Town of Cary at the time architectural plans are submitted to the Town for review.

Parcel L (Multi-family Residential)

Building Placement – Where apartment buildings face each other, the front setbacks shall be 20’ from back of curb for a 3-story building, with an additional 5’ for each additional story. Buildings shall be separated from other buildings by a minimum of 25’.

Building Height – Building height shall not exceed 6 stories.

Building Use – Buildings shall be used for multi-family residential dwellings only, as rental apartments or condominiums.

Parking – Parking shall be provided at a ratio of two spaces per unit. Parking shall be located to the rear of buildings wherever practicable. If parking is located along Louis Stephens Drive it shall be screened.

Architectural Standards – Buildings shall be compatible w/ buildings in the Village Core Commercial in terms of materials, colors, scale and proportions. It is not required that architecture be identical.

General – Nothing in these regulations shall prohibit on-street parking on all residential streets. Parking is prohibited in alleys. Alleys shall be maintained by a HOA. No residential entrance walk shall exceed 6’ in width. Asphalt walks are not permitted, except for greenway paths. Sidewalks along public may be 4’ minimum width where sidewalks are provided on both sides of the street.

REZONING HISTORY

Z-805-95 PUD, request from R-30 to R-30 PUD, withdrawn.

SITE DATA

WATER/SEWER SERVICE

Staff Remarks: Public water is available for the three parcels by extending an existing 8" water line and a 12" water line within Carpenter Village PUD. Sewage will discharge to the existing Carpenter Interceptor and will eventually be treated at Cary’s North Wastewater Treatment Plant. No off-site water and sewer improvements are expected.

TRANSPORTATION

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

Traffic Impact Study has been received from Wilbur Smith & Associates dated October 2001.

The following mitigation is proposed:

Louis Stephens Drive at site driveway #1 – Left turn lanes in all directions.

Louis Stephens Drive at site driveway # 2 – Right in – right out driveways only.

Morrisville Parkway at site driveway #3 – Left turn lanes in all directions.

Morrisville Parkway at site driveway #4 - Right in – right out driveways only.

Morrisville Parkway at site driveway #5 –Exclusive left turn lanes - eastbound and southbound.

Driveway #5 must be located a minimum of 500-ft from the intersection of Morrisville Parkway and Louis Stephens Drive.

Off Site:

Morrisville Carpenter Road & NC 55 – Widen NC 55 as proposed in TIP. Install traffic signal.

Morrisville Parkway & Davis Drive – Widen Davis Drive as proposed and install traffic signal.

Louis Stephens Drive and Morrisville Parkway are designated on the Town’s Thoroughfare Plan to have ultimate 78’ back-to-back cross sections (2 lanes each direction with a landscaped median) centered within a 100’ right-of-way. The developer will be required to construct the roadways and dedicate right-of-way adjacent to these parcels in conjunction with site development.

Table 6

STUDY AREA LEVEL-OF-SERVICE SUMMARY

		Existing		2004 No-Build			2004 Build
Unsignalized Intersections	Time Period	Delay^a	LOS^b	Delay		LOS	Delay		LOS

Morrisville Carpenter Road at NC 55	AM PM	663.9 *	F F	* *		F F	* *		F F

Morrisville Carpenter Road at Hamilton Hedge Place	AM PM	11.6 14.3	B B	12.2 16.7		B C	12.6 16.8		B C

Morrisville Parkway at Preston Village Way	AM PM	9.2 9.0	A A	8.7 9.1		A A	9.1 9.2		A A

Morrisville Parkway at Davis Drive	AM PM	193.2 202.1	F F	97.8 155.7	F F			99.0 158.7		F F

Louis Stephens Drive at Site Drive 1	AM PM	-	-	-	-			9.8 9.2		A A

Louis Stephens Drive at Site Drive 2	AM PM	-	-	-	-			8.7 8.7		A A

Morrisville Parkway at Site Drive 3	AM PM	-	-	-	-			8.7 8.8		A A

Morrisville Parkway at Site Drive 4	AM PM	-	-	-	-			8.5 8.8		A A

Morrisville Parkway at Site Drive 5	AM PM	-	-	-	-			8.8 9.2		A A

Signalized Intersections

Morrisville Carpenter Road at Louis Stephens Drive/Koppers Road	AM PM	-	-	-	-			6.5 5.1		A A

Morrisville Parkway at Louis Stephens Drive	AM PM	-	-	-	-			9.6 10.3		A B

a Delay in seconds-per-vehicle.
b Level-of-Service.
* Delay is not measurable

GENERAL NOTES:

For unsignalized intersections, Delay is representative of critical movement/approach.
For signalized intersections, Delay is representative of overall intersection.

ENVIRONMENTAL CONSIDERATIONS

Carpenter Village PUD has documentation indicating that the previously approved project is grandfathered from the riparian buffer rules. With this request for rezoning the applicant will need to receive documentation from the Division of Water Quality (DWQ) to see if the proposed change will be subject to the riparian buffer rules. The project will have to meet the requirements of the nitrogen removal ordinance of the Town of Cary.

ADJACENT ZONING AND LAND USES
	Zoning:	Land Use:
North:	R-30 PUD	Vacant Land
South:	Residential Multi-Family-12 CU Residential Multi-Family-8 CU Residential-12 CU	Agriculture Agriculture Agriculture
East:	Residential Multi-Family-8	Residential – Lake Ridge Townhomes Morrisville Parkway
West:	Office/Institutional CU Residential-30 Business-2 CU	Agriculture Agriculture Agriculture

WAKE COUNTY SCHOOL CAPACITY IMPACTS:
Current Enrollment Area Schools		Building Capacity	Percent occupied	Projected Number of Additional Students
Elementary	14,909	13,127	113.6%	62
Middle	7,596	6,456	117.7%	32
High	5,629	5,100	110.4%	44
Total for all Area Schools	28,134	24,683	114%	138
Preschool				73

Current Enrollment is based on the 20^th day of the school year for 2001. Building capacity is based on current enrollment on the 20^th day of the school year for 2000.

School assignment will be determined at the time of development. A list of individual area schools can be found for review: area school data.

Be advised that 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. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System.

TOWN OF CARY FUTURE LAND USE PLAN DATA
	CURRENT	PROPOSED
Plan Designation:	Low Density Residential	Part Office/Institutional, Part High Density Residential, Part Commercial
Alternate Designation:	Traditional Neighborhood Development	None
Activity Center:	Neighborhood Activity Center	No Change

LAND USE PLAN

In looking at the proposed land use plan amendment we looked at the merits of this proposal in relation to the plan objectives:

A neighborhood activity center is identified in the area of the intersection of the proposed Morrisville Parkway and Carpenter Upchurch Road. The center would likely be formed north and south of parkway in line with existing zoning, with the commercial focus area on the south side and office institutional uses on the north.

The proposed school site will adjoin the existing office institutional use on the north side.

The high-density residential element of the proposal will lie within one quarter of a mile of the focus area and as such with suitable pedestrian crossing facilities would be accessible.

The proposed commercial element of the proposal would be more than 1000 feet away from the focus area, on the opposite side of Morrisville Parkway and separated by Louis Stephens Drive. The land use plan seeks to concentrate commercial uses in the focus area to achieve pedestrian oriented development. However, it does make an allowance, which allows for commercial uses to be located on one additional quadrant to the focus area provided:

Their total area should not exceed 1-2 acres
They should not include a shopping center,
They should typically accommodate pass by traffic travelling in the opposite direction, from traffic on the same side of the road as the focus area, such as a service station, car wash a second bank or drive-through restaurant (where the first bank/drive through is in the focus area).

In this case the proposed commercial parcel is 4 acres but could comply with the other criteria. Further the usable site would also be reduced to comply with set backs from Morrisville Parkway and a 100-foot stream buffer on the eastern side.

In conclusion, the school proposal complies with the activity center model and would be well related to the village. The residential component is slightly more distant than desired, but would be well related to the school facilities. The commercial component exceeds the size expressed in the plan. However, it could provide ancillary services to any shopping center at the focus area, it is related to existing and proposed residential uses on the opposite side of Morrisville Parkway which is emerging as a through route. On balance the degree of variation from the plan is considered acceptable.

OPEN SPACE CONSIDERATIONS

The property is identified in the Open Space and Historic Resources Plan as Potential Open Space (POS). The property is considered ‘priority open space’ because of its location within the highest-measured viewshed of the Carpenter Historic District. [POS consists of privately-held vacant, undeveloped, or slightly developed land that could function as open space. POS may include all or part of an individual parcel.] Proposal would comply with the goals of the Open Space and Historic Resources Plan if: (1) the school site layout directs recreational open spaces with natural or landscaped buffers to be located in the highest visual sensitivity areas; (2) building architecture is compatible with the vernacular styles prevalent in Carpenter Village and the Carpenter Historic District.

Parks, Greenways and Bikeways Master Plan

The property is traversed by the proposed Panther Creek Greenway corridor. In addition, potential payment-in-lieu may be required for new development.

STAFF ANALYSIS

The amendment proposes to add a school site, a multi-family site and a small commercial area.

The Land Use Plan evaluation supports the proposed amendments, however with some reservation with the four-acre commercial tract. Staff supports a one to two acre commercial site and in discussions with the developer, they have alluded to the net acreage being one to two acres at time of plan review due to buffers. Provided this site does not include an additional shopping center, staff can support as proposed. The Open Space Plan has identified architecture and building arrangement for the school site important issues in order to accommodate the historic view shed of the Carpenter Historic Area. In discussion with the developer this is intended to be a public school site and the Wake County Board of Education may incorporate some elements of design but does not support conditions on the zoning for architecture. Should this not be included, staff would suggest an opportunity to review the site layout prior to site plan submittal to evaluate the landscape buffers on the northwest side. Staff would seek to visually screen the site with an opaque buffer to protect the Carpenter Historic View Shed.

The greenway plan identifies the area for an additional greenway to be developed. This greenway would be designed at time of site plan submittal.

STAFF RECOMMENDATION

Recommends approval with further applicant consideration on the buffering on the school site and with permitted uses scaling the four-acre commercial site to preclude a shopping center.

PLANNING & ZONING BOARD RECOMMENDATION 11/19/01

Board voted to forward to Council for approval at their December 13, 2001 meeting with the following recommendations: a) Building in Parcel L be limited to three stories, b) traffic mitigation be contingent with the rezoning.

REVISED CONDITIONS (12/10/01)

1. The proposed elementary school site, Parcel J, will conform to Cary’s UDO buffer standards.

2. The retail tract, Parcel K, will not be a strip commercial center.

3. Buildings in the multi-family site, Parcel L, will not exceed four (4) stories in height.

4. The architecture for multi-family and for retail buildings will be compatible with the architectural themes in existing Carpenter Village.

5. A greenway easement will be provided as per the Parks, Recreation and Cultural Resources recommendation.

TOWN COUNCIL RECOMMENDATION

To be made after the December 13, 2001 Town Council meeting.

Information regarding this rezoning case will be on the Internet prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2001cases/2001index.htm.