Staff Remarks:

This development has access to Cary public water service system via existing waterlines along Davis Drive and High House Road. A 12" water main is proposed to serve the site and loop existing waterline on Davis Drive with waterline on High House Road.

Gravity sanitary sewers, which discharge to Turkey Creek Outfall, are proposed to serve the site.

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

A Traffic Impact Study has been prepared by HNTB dated December 2001.

Davis Drive – The Town has plans to widen Davis Drive from Park Village PUD to Morrisville-Carpenter Road, which encompasses the proposed Sears Farm PUD frontage. Construction is estimated to begin in the Spring of 2002 and be completed in the Spring of 2004. The developer has added a PUD condition stating that no certificates of occupancy will be issued until the Davis Drive widening along the project frontage has been completed.

Current Enrollment

2

1

Land Use Plan Amendment History:
None.

An existing Neighborhood Activity Center is located at the intersection of High House road and Davis Drive; it has its focus area containing the commercial core on the SW quadrant of the intersection. The proposal site is across Davis Drive on the SE quadrant.

The question of whether this proposal is consistent with the land use plan depends on an interpretation of the spirit and intent of the criteria set out in the land use plan for neighborhood and community activity centers. The table makes a comparison of the proposal with the main criteria and characteristics of each type of activity center see Table 1.

The comparison shows that aspects of the proposal falls somewhere between the neighborhood and community activity center, not neatly into either one.

There are two main inconsistencies of the proposal with regard to its compatibility with the existing neighborhood activity center:

1. The provision of commercial retail use on a second quadrant of the intersection
2. The amount, (111,610 sq.ft.) of that commercial retail use which is intended to serve not just the residents here but, the surrounding area.

It is considered that some additional commercial retail use can be accepted in this second quadrant given its direct relationship to the population of the senior and assisted living community, which is mobility, limited. The proposal would be linked by pedestrian crossings to the Cornerstone shopping center and is provides a pedestrian friendly environment. While there are other neighborhood activity centers in the vicinity, credence should be given to the applicants argument that additional square footage is needed to support the costs of providing a high quality product and features which are not typical in a Neighborhood activity center such as this including parking decks, a major pedestrian amenity and conservatory.

Notwithstanding the land use plan, a guiding principle of the more recent adopted Growth Management Plan is to increase permitted densities in preferred growth areas, to encourage desired forms of development, and to further encourage mixed-use development and make use of existing infrastructure. This project is consistent with these goals. Additionally, a goal of the adopted Housing Plan is to increase housing choices for senior living.

On balance while there are inconsistencies with the land use plan, the proposal is consistent and achieves some of the significant goals of the Town. These are chiefly securing mixed uses both horizontally and vertically, providing structured parking and constructing senior housing, which has no negative impact to schools and more limited impact to transportation facilities. The specialty nature of the retail uses go beyond what would typically be found in a neighborhood center and by there nature would not offer the size and variety of goods typically found in a community center. Therefore it is considered that this proposal be viewed as a special exception to the norm and the center remain designated as a neighborhood activity center. Accordingly if Town Council approves this application staff recommends that no amendment be made to the land use plan or map.

Open Space and Historic Resources Element

The subject parcel is not classified as potential open space or located within an open space corridor. It should be noted that the site does contain a stream buffer that runs along the eastern side of the property. The applicant's proposal is demonstrating protection of the stream buffer area.

Comprehensive Transportation Plan Element

The Comprehensive Transportation Plan identifies Davis Drive and High House Road as major thoroughfares. Both of these roadways will be multi-lane facilities. The applicant's proposal indicates that the right-of-way necessary to improve these roadways would be dedicated to the Town immediately following PUD approval.

One of the goals the Transportation Plan is to improve alternative modes of travel. From a pedestrian perspective, the proposal provides sidewalks along both sides of most streets and parking areas, which will facilitate pedestrian movements. In addition, the applicant is providing bicycle racks in the commercial area. During the site plan review process, staff will be looking to providing a more direct pedestrian/bicycle tie in from the Davis Drive/ High House Road intersection. A more direct connection will facilitate these movements.

Cornerstone Circle/

368.9

At the Public Hearing concerns were raises with regard to this project. These concerns involve flooding and storm water, building heights, adequate buffers and traffic.

Since the public hearing the developer has met with the town staff and adjacent property owners numerous times to alleviate issues and concerns of each. Based on these meetings, the applicant has offered a number of conditions to address these concerns (a list of these conditions is listed in the staff report above).

The developer has agreed to accommodate storm water retention equal to a ten-year storm without impacting the existing flow into Turkey Branch. Prior to beginning the project, Turkey Branch will be cleaned of obstructions or debris that impede storm water flow.

The developer has agreed to reduce the building roof elevations by five feet for apartment buildings "N" and "P".

In order to allow existing and proposed buffers to mature, the project will be phased so that apartment buildings "N" and "P" will be the last built. Existing buffer on the east side of apartment buildings "N" and "P" will be increased by at least seventeen feet in width. Prior to the beginning of site development, additional evergreen trees will be planted with in the existing and proposed buffers adjacent to Preston Forest.

The Davis Drive widening project will be completed prior to the issuance of occupancy permits for this project. The developer will widen High House Road and construct a median along the property frontage.

Additional right-of-way has been dedicated for the Davis Drive widening project and the High House Road widening project.

A summary of the major review areas in this document indicates this project is supported by complying with the Town’s land use plan, the open space plan, the environmental issues for drainage and stormwater protection, transportation plan with road improvements, pedestrian and bicycle consideration, and stream buffers. In addition the project supports an initiative of Town Council to continue to provide various housing opportunities with the Town. This plan proposes senior housing to aid in that initiative and additionally lessens the impact the school capacities for plans of this nature.

Staff recommends approval.