Proposed retirement residence consisting of a maximum of 115 unit suites. Changes made since public hearing include the following (see revised conceptual plan for additional details):

Staff is comfortable with the applicant’s proposal to install Hardiplank Cement Board instead of vinyl siding. Staff would appreciate a commitment by the applicant to an equal combination of both brick and Hardiplank Cement Board.

Staff Remarks: The proposed development meets all Town of Cary utility requirements.

Residential Retirement Community of 115 DU’s during the AM peak hour will generate 20 trips and the PM peak hour will generate 31 trips.

Per the Town’s Thoroughfare Plan, Penny Road is designated to have an ultimate 76’ back-to-back cross-section centered within a 98’ right-of-way. The 76’ back-to-back section consists of 2 lanes in each direction (12’ inside lanes and 14’ outside lanes) with a 16’ center landscaped median. The developer is responsible for ½ street improvements along the project frontage.

Initially, Town Staff proposed access onto Penny Road to be limited to a right-in/right-out only movement due to close proximity to the existing Penny Road Elementary School driveway and existing Magnolia Woods Drive. A raised median would be required in Penny Road to limit the drives’ movements to right-in/right-out only. In further discussion with the applicant, staff feels that there is a possibility of allowing a "left-in" movement as well, but this must ultimately be approved by NCDOT. The applicant has added a note to the PUD document, which states that "the project reserves the right to have a left turn into the driveway from Penny Road subject to approval by governing authorities". Engineering staff supports this statement.

Staff initially advised the applicant that Rose Point Drive could not be left as a dead-end street. A connection needs to be made to provide another access point to the proposed retirement community. The Town’s Fire Department supported this requirement, as well, due to emergency access concerns and the requirement to have access to at least two sides of the building. Staff met with the applicant to review this requirement further. The applicant has revised the plan to show Rose Point Drive ending as a cul-de-sac with a gated fire access off of it. Engineering staff and Fire Department staff support this design.

The general neighborhood is identified in the Land Use Plan as low-density residential single family detached 1-3 units per acre. This proposal is for a life care community/ retirement home, which does not fall neatly into the plan’s land use categories. However, as with other uses such as schools, the Plan acknowledges it is nearly impossible to pre-select appropriate sites for the full range of land uses. In such cases an undefined or use with extraordinary characteristics is considered in accord with the general spirit and intent of the Plan and subject to consideration of compatibility with design guidelines.

In this case:

• The layout retains significant amounts of open space,
• Buildings are sited to minimize visual and environmental impacts and create a sense of place,
• The impacts such as noise and traffic generation associated with the characteristics of the intended occupants and the operation of the use are normally low,
• The layout includes a pedestrian access through the site from the Magnolia Woods subdivision to the school,
• In addition to the primary access off Penny road, the layout provides a cul-de-sac with an emergency vehicular connection from Rose Point Drive in the Magnolia Woods subdivision.

Open Space Historic Resources Plan (OSHRP) identifies bottomland hardwood forests in proximity of lake in the northern section of the parcel. Conceptual plan shows this portion of parcel will remain undisturbed.

The changes made since the public hearing are listed above under "proposed rezoning conditions."

Valid [ ] Invalid [ ] None Filed [x]

At the public hearing for this rezoning request the issue concerning access from this site to the stub at Rose Point Drive was raised. The adjoining property owners and the applicant requested that a connection not be required from this site to Rose Point Drive. Staff met with the applicant to review concerns relative to emergency access. Staff feels that this issue has now been adequately addressed.

With the evaluation of the above issues staff has identified a list of pros and cons concerning this request.

• A Cul-de-sac for emergency access has been provided between this site and Magnolia Woods subdivision.
• This proposal includes a right turn only from this site to Penny Road.
• This plan is consistent with the requirements of the Design Review Guidelines.
• The proposed development meets the Town of Cary utility requirements.
• This use is a low traffic generator.
• All stormwater requirements have been addressed.
• Trails providing pedestrian access have been provided.

• The Open Space Historic Resource Plan has not been met with respect to preserving vegetation in the Riparian Buffers adjacent to the Pond area.
• Minimum setbacks imposed by the applicant limit flexibility with respect to site design.

Staff feels that the applicant has addressed many of the issues raised with respect to this rezoning request. Staff is still however concerned about encroachment into the riparian buffer area and the conservation of significant trees as defined in the Open Space Plan. Based on these concerns, staff recommends approval of this request with the added condition that there be no encroachment into "zone 3" or grading of the riparian buffer area.