TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (OCTOBER 10, 2002)
Amberly Planned Unit Development (PUD)
02-REZ-05/LPA-2

PETITIONER

PROPERTY OWNERS

Amberly LLC
7200 Stonehenge Drive, Suite 211
Raleigh, NC 27613

(919) 846-7300

 

Amberly, LLC
7200 Stonehenge Drive, Suite 211
Raleigh, NC 27613

BF McLeod, Jr.
100 Park Avenue
Fuquay Varina, NC 27526-2039

Oren F. Leblang and Victoria R. Schindler
1625 Yates Store Road
Morrisville, NC 27560-9558

LOCATION:

South of O’Kelley Chapel Road, East of US Army Corps of Engineer property, North of New Hope Church Road, West of Durham Green Level Road and Yates Store Road.

MAPS:

Aerial
Flood Zones
Hydrology091002
Intersections
Land Use Map
Large Vicinity Map
Master Land Use Plan
NWCAP Land Use
Open Space Buffers091002
Phasing091002
Protest Map
River Buffers Map
Small Vicinity Map
Stormwater091002
TC Vicinity Map
Vicinity 091002
Zoning Map
Zoomed NWCAP

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

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

July 11, 2002

PLANNING & ZONING BOARD:

September 17, 2002

TOWN COUNCIL:

October 10, 2002

 

PARCEL INFORMATION

Parcel #

Realid #

Area

(WAKE) 0725433645

0159973

1.27 acres

(WAKE) 0725868650

0107655

19.09 acres

(WAKE) 0725651196

0234295

401.70 acres

(WAKE) 0725638895

0029238

13.56 acres

(WAKE) 0725447146

0105659

48.15 acres

(WAKE) 0726829398 (portion of)

0046320 (portion of)

37.283 acres

(WAKE) 07250275385

0234294

25.24 acres

(CHATHAM)

0070505

0.59 acres

(CHATHAM)

0019950 (portion of)

9.88 acres

(CHATHAM)

0019868

343.170 acres

(CHATHAM)

0063079

195.003 acres

 

REZONING DATA

 

CURRENT

PROPOSED

Zoning:

Residential 40 Planned Unit Development (PUD)

Residential-40 Planned Unit Development (PUD) Amendment

Overlay District:

Jordan Lake Watershed

Jordan Lake Watershed

Land Use:

Residential/vacant land

Mixed development consisting of:

SF-1, SF-2, SF-3 and SF-4 tracts are proposed to be single family residential units ranging from single-family detached to cluster-style housing. A total of 551 dwelling units are proposed.

MR-1, MR-2, MR-2a tracts are proposed to allow single family detached to apartments. A total of 2992 dwelling units are proposed.

AR tracts are proposed to range from single-family detached to residential attached including apartments. Also included is the potential for congregate care, including nursing homes. A total of 1757 dwelling units are proposed.

Village Center –1 tract: Retail use at a maximum of 20,000 SF.

Village Center-2 tract: Retail use at a maximum of 10,000 SF.

Recreation Center – A 12-acre recreation parcel adjacent to the Village Center-1 parcel and MR-2. Also a 6-acre recreation area for the AR section.

Town Park – a 28-acre park dedicated to the Town of Cary is proposed.

 

REZONING CONDITIONS

CURRENT

PROPOSED

Mixed development consisting of single-family residential; multi-family residential; commercial; a park site; a school site; and a YMCA site.

Mixed development consisting of single-family residential; multi-family residential; age-restricted residential; commercial; and a park site. See master plan for details.

 

REZONING HISTORY

1994, R-40 and RA-40 (Chatham Co) to R-40 PUD, withdrawn.
1995, R-40 and RA-40 (Chatham Co.) to R-40 PUD, approved.
1997, R-40 PUD and R-40 to R-40 PUD Amendment and R-40 PUD, approved.

 

SITE DATA

WATER/SEWER SERVICE

Staff Remarks:

The applicant has committed to the following two changes to the current PUD document and will incorporate the revisions into PUD document before the project goes to Town Council.

  1. Amberly will limit the number of residential CO’s to 40% until there is a northern waterline connection to TOC’s existing water main on NC 55.
  2. Inset A on Sheet C-4 will be eliminated.

Staff further requires the applicant to remove General Notes #6 and all reference of "by others" and "Town of Cary capital project" on Sheet C-4 and C-5.

With these issues being addressed, the proposed utility design meets Town policies and standards.

 

TRANSPORTATION

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

A Transportation Planning Study was prepared by Wilbur Smith Associates dated January 2002. A Traffic Impact and Access Study was completed April 2002 by Wilbur Smith Associates. The September 3, 2002 submittal represents a trip reduction of 11.2% from the traffic study.

There are deviations between the Town of Cary Thoroughfare Plan map and what’s being shown on the master land use plan. The deviations consist of the elimination of a north-south collector street, the addition of an east-west collector street and the eastward shift of a thoroughfare to avoid the U.S Army Corps of Engineers property. The deviations still provide for a grid system and adequate circulation through the PUD and to the PUD boundaries and therefore have staff’s support. If the PUD is approved, it should be subject to the approved Transportation Plan. The Draft NW Area Thoroughfare Plan when approved may provide that revision.

**The "Roadway Improvement Schedule" on sheet C-1 in the PUD booklet needs to be addressed in the development agreement between staff and applicant.

EXECUTIVE SUMMARY

This study has been conducted to assess the traffic impacts and evaluate the access and egress requirements for the proposed Amberly PUD. The project site is to be located on the West Side of Green Level to Durham Road and to the south of O’Kelly Chapel Road in Cary, North Carolina. This report identifies the impact of traffic generated by the proposed development and evaluates it with regard to capacity, safety, and roadway requirements. The following provides a brief summary of this study’s findings.

PROJECT DESCRIPTION

The project proposal is a large Planned Unit Development (PUD) known as Amberly. This project site is located just north of the previously approved Cary Park PUD and proposes land-uses that will complement the live, shop, and work in the same neighborhood concept which land planners refer to as a "Multi-Use or Traditional Development." The proposed development would include approximately 6,243 residential units, 270,000 S.F. of retail space, 125,000 S.F. of office space, over 42 acres of park/recreational areas, and an elementary school site. Of the total residential units (6,243), 32 percent or 1,975 units are planned to be age restricted (elderly housing).

Access for this future development will be provided via a new roadway (Amberly Drive) to be constructed through the project site. This new roadway will provide connectivity to/from the Cary Park PUD, through Amberly ending at a new intersection with O’Kelly Chapel Road. Effectively, this new roadway will provide a spine roadway through the site, and serve as the major circulation element for traffic generated by the project.

Regional access to the project will be provided by NC 55, Green Level/Durham Road, Carpenter Fire Station Road, and the proposed Panther Creek Parkway (through the Panther Creek PUD) site which is not yet an approved development. Planned in the future by the NCDOT, the Western Wake Expressway is proposed to be constructed in the immediate area of the site, and is planned to terminate at NC 55, but also provide a limited cross-section roadway through the adjacent Panther Creek PUD terminating at Panther Creek Parkway. When constructed and reasonable access obtained, this future Expressway would provide excellent regional access for traffic generated by Amberly. For study purposes, both the Western Wake Expressway and the Panther Creek Parkway have been assumed to be partially in place by the planning horizon of the project.

EXISTING CONDITIONS

Existing conditions have been gathered for the following six intersections, which make up the project study area as directed by Town of Cary staff:

This study area is located within the Northwest Transportation Zone, which requires that peak-hour volumes utilize a 90-minute average peak in accordance with the Town’s APFR Ordinance 01-012. Traffic volume data within the study area has been obtained for the weekday AM (6:30 - 9:30 AM) and PM (3:30 - 6:30 PM) peak periods. From this data, peak-hour multipliers of 0.938 and 0.937 were developed for the AM and PM peaks, respectively, which have been utilized within this report as required by the ordinance.

PROBABLE IMPACTS OF THE PROJECT

No-Build Traffic Volumes

To represent Future 2010 traffic volume conditions within the study area, the Existing traffic flow volumes were upwardly adjusted to account for normal traffic growth and any other currently approved projects within the study area.

Discussions with Town of Cary staff indicate that an annual growth rate of 5 percent per year is to be used for traffic on NC 55 and 10 percent per year for all other volumes. These growth rates were applied to the Existing peak-hour traffic volumes to estimate Future 2010 conditions without the proposed development. It should be noted that, in addition to the normal annual growth in traffic, traffic associated with the Cary Park development was included in the 2010 No-Build traffic volumes.

Planned Roadway Improvements

Within the defined study area NC 55 is programmed to be widened from its current two-lane cross-section, to a divided four-lane facility by the NCDOT. This improvement is planned to be completed by 2003/2004, and will extend from US 64 through the study area to I 40. Included with this project is the re-alignment of O’Kelly Chapel Road between Green Level/Durham Road and NC 55 to improve access and provide sufficient separation between this intersection and the future Western Wake Expressway interchange at NC 55. Additionally, the existing north approach of Alston Avenue at O’Kelly Chapel Road will be relocated opposite Green Level/Durham Road to form a four-legged intersection.

Two other roadway projects are planned; the first is the Wake Expressway, which is planned to end at NC 55 via a grade-separated interchange. South of NC 55, the Wake Expressway is expected to continue as a two-lane facility terminating at Panther Creek Parkway (proposed) via an at-grade intersection.

The second roadway project planned is Panther Creek Parkway which will extend from Green Level to Durham to the Wake Expressway (proposed by the Cary Park PUD), then extend to NC 55 (proposed by the Town).

Site-Generated Traffic

For this project, the Institute of Transportation Engineers (ITE) Trip Generation manual was utilized to estimate project trips generated by the proposed facility.

Based on this information, the proposed development can be expected to generate a total of 42,470 (two-way) vehicle trips on a weekday daily basis, of which a total of 2,997 trips (867 entering, 2,129 exiting) are expected during the weekday AM peak-hour. During the PM peak-hour, 4,044 trips (2,394 entering, 1,650 exiting) can be expected.

Traffic generated by the site will be primarily distributed to and from NC 55 and the Western Wake Expressway with lesser proportions to and from Alston Avenue, Yates Store Road, and Morrisville Carpenter Road.

Traffic Volume Increases

As a result of this project, traffic volume increases at the "front door" study area intersections (O’Kelly Chapel Road at Green Level to Durham Road/Alston Avenue, and Green Level to Durham Road at Carpenter Fire Station Road) are expected to be significant (ranging from approximately 60 to 160 percent) as compared to 2010 Future conditions without (No-Build) the proposed development. Much of the project traffic is projected to pass through these intersections. The impact of the project on NC 55 intersections is less significant given the large volumes of traffic already utilizing NC 55.

TRAFFIC OPERATIONS ANALYSIS

The Northwest Transportation Zone requires a minimum Level-of-Service standard of a D based on the 90-minute average peak. Under Existing conditions, traffic operations at the study area intersections along NC 55 are unacceptable (LOS F) while the other study area intersections operate very well (LOS B or better) during both the weekday AM and PM peak hours.

Under 2010 No-Build conditions, all intersections on existing roads are expected to operate at LOS F during one or more peak hours. These unacceptable traffic conditions arise from the anticipated annual growth in traffic in the area as well as the addition of the Cary Park traffic volumes.

With the addition of project related traffic, the poor operations at all intersections will be exacerbated. Each of the site roadway intersections (with one exception) also are projected to operate at LOS F during one or more peak hours.

MITIGATION

Proposed Roadway Connections and Site Access

As part of the proposed development plan, new roadways will be constructed to provide access to/from the development. The key link accessing the development will be a new four-lane roadway designated Amberly Drive that will traverse through the site in primarily a north/south direction between Carpenter Fire Station Road and O’Kelly Chapel Road. Connector roadways will be constructed between Amberly Drive and Green Level to Durham Road. Access to most of the PUD will be provided via Amberly Drive and these connector roadways. Other access drives will be provided for the school, recreation area, and residences located on the southern portion of the PUD. These access drives will intersect New Hope Church Road and Yates Store Road.

Access drives and new or existing roadways located on opposite sides of Amberly Drive and other site streets should be aligned insofar as possible to prevent undesirable offsetting situations. Exclusive left- and right-turn lanes should be provided in the vicinity of cross streets and drives to minimize impedance arising from slowing and left-turning vehicles.

It is expected that traffic signals will be necessary to provide acceptable conditions at the intersections of Amberly Drive with Carpenter Fire Station Road and with the south connector road. At the Carpenter Fire Station Road intersection, the site plan indicates a channeled westbound right-turn lane. Given the projected large turning volumes, a separate southbound left-turn lane and northbound right-turn lane should also be provided. At the south connector road, separate westbound right- and left-turn lanes should be provided. At O’Kelly Chapel Road, stop control is anticipated to be adequate, but a separate northbound right-turn lane should be constructed to accommodate the projected turning volumes.

The termini of the north and south connector roads at Green Level to Durham Road are expected to require signalization. Also, Green Level to Durham Road should be widened to provide a 4-lane section with adequate capacity and departure lanes for dual turn lanes between NC 55 and Carpenter Fire Station Road.

Off Site

Review of the intersection analyses indicates that the combination of background traffic growth, the Cary Park development, and the proposed Amberly PUD project has an impact on all of the study area intersections. Most are expected to operate at LOS F by the planning horizon (2010) with or without the Amberly PUD, and signalization is expected to become necessary at most intersections to provide acceptable operations. For the purposes of this study, the widening of NC 55 to a four-lane divided section has been assumed for 2010 conditions. Specific recommendations deemed necessary to mitigate the impact of the background growth and the Amberly PUD project are provided below.

Roadways

Green Level to Durham Road/Alston Avenue

Panther Creek Parkway

O’Kelly Chapel Road

Carpenter Fire Station Road

Western Wake Expressway extension to Panther Creek

Amberly Drive

Intersections

NC 55 at O’Kelly Chapel Road (new intersection)

NC 55 at Panther Creek Parkway/Good Hope Church Road (new intersection)

NOTE: There are Future plans to construct the "McCrimmon Parkway" which is essentially an extension of the Panther Creek Parkway (as shown in the graphics). The geometry for this intersection should be revisited with the planning of this parkway.

NC 55 at Carpenter Fire Station Road

Green Level to Durham Road at Carpenter Fire Station Road

Green Level to Durham Road at Panther Creek Parkway/South Connector Road (new intersection)

Green Level to Durham Road at O’Kelly Chapel Road

Panther Creek Parkway at the Western Wake Expressway Extension

It is evident that the recommended improvements will result in acceptable operating conditions at most intersections. The exception is at the intersection of NC 55 with Carpenter Fire Station Road. The projected traffic volumes at this intersection are sufficiently large that the recommended improvements will not provide sufficient capacity during the critical peak hour. With the expected phase two widening of NC 55 to a six-lane section, it is expected that conditions will drastically improve.

Table 7 Study area Level-of-Service Summary

Existing

2010 No-Buildc

2010 Buildc

Unsignalized Intersections

Time

Period

Delaya

LOSb

Delay

LOS

Delay

LOS

O’Kelly Chapel Road at Green

Level to Durham Road (existing)

AM

PM

 

9.4

9.9

A

A

 

To be

Modified

 

To be

Modified

O’Kelly Chapel Road at Green Level to Durham Road/Alston Avenue (modified)

AM

PM

 

N/A

N/A

N/A

N/A

 

149.1

-

F

F

 

-

-

F

F

O’Kelly Chapel Road at Alston Avenue (existing)

AM

PM

 

11.0

9.8

B

A

 

To be

Modified

 

To be

Modified

O’Kelly Chapel Road at Alston Avenue (proposed)

AM

PM

N/A

N/A

N/A

N/A

15.0

18.0

C

C

39.8

81.7

F

F

O’Kelly Chapel Road at NC 55 (proposed)

AM

PM

 

N/A

N/A

N/A

N/A

 

-

-

F

F

 

-

-

F

F

NC 55 at Alston Avenue/Petty Farm Road

AM

PM

 

213.1

99.5

F

F

 

To be

Eliminated

 

To be

Eliminated

NC 55 at Panther Creek Parkway

AM

PM

 

119.4

-

F

F

 

256.6

-

F

F

 

308.8

-

F

F

NC 55 at Carpenter Fire Station Road

AM

PM

 

649.5

555.2

F

F

 

476.2

447.9

F

F

 

-

-

F

F

Carpenter Fire Station Road at Green Level to Durham Road

AM

PM

 

12.1

10.7

B

B

 

763.3

-

F

F

 

-

-

F

F

Amberly Drive at North Connector Road

AM

PM

 

N/A

N/A

N/A

N/A

 

N/A

N/A

N/A

N/A

 

12.1

16.1

B

C

Amberly Drive at South Connector Road

AM

PM

 

N/A

N/A

N/A

N/A

 

N/A

N/A

N/A

N/A

 

38.3

984.7

E

F

Green Level to Durham Road at North Connector Road

AM

PM

 

N/A

N/A

N/A

N/A

 

N/A

N/A

N/A

N/A

 

216.3

832.8

F

F

Green Level to Durham Road at Panther Creek Parkway/South Connector Road

AM

PM

 

N/A

N/A

N/A

N/A

 

N/A

N/A

N/A

N/A

 

984.4

-

F

F

O’Kelly Chapel Road at  Amberly Drive

AM

PM

 

N/A

N/A

N/A

N/A

 

N/A

N/A

N/A

N/A

 

60.7

-

F

F

Carpenter Fire Station Road at Amberly Drive

AM

PM

 

N/A

N/A

N/A

N/A

 

N/A

N/A

N/A

N/A

 

24.9

-

C

F

                     

Western Wake Expressway at Panther Creek Parkway

AM

PM

 

N/A

N/A

N/A

N/A

 

8.7

10.1

A

B

 

17.0

165.5

C

F

a Delay in seconds-per-vehicle.
b Level-of-Service.
c. Assumes NC 55 is widened to 4-lane divided highway.

GENERAL NOTES:

  1. For unsignalized intersections, delay is representative of critical movement/approach.

Table 8 Mitigated Level-of-Service summary

     

2010 No-Buildc

 

2010 Buildc

 

2010 Build Mitigatedc

 

Time

                 

Intersections

Period

 

Delaya

LOSb

 

Delay

LOS

 

Delay

LOS

                     

O’Kelly Chapel Road at Green Level to Durham Road/Alston Avenue (modified)

AM

PM

 

149.1

-

F

F

 

-

-

F

F

 

13.1

16.8

B

B

                     

O’Kelly Chapel Road at NC 55 (proposed)

AM

PM

 

-

-

F

F

 

-

-

F

F

 

32.5

40.7

C

D

                     

NC 55 at Carpenter Fire Station Road

AM

PM

 

476.2

447.9

F

F

 

-

-

F

F

 

44.9

66.7

D

E

                     

NC 55 at Panther Creek Parkway

AM

PM

 

256.6

-

F

F

 

308.8

-

F

F

 

22.9

44.2

C

D

                     

Carpenter Fire Station Road at Green Level to Durham Road

AM

PM

 

763.3

-

F

F

 

-

-

F

F

 

9.3

10.5

A

B

                     

Green Level to Durham Road at North Connector Road

AM

PM

 

N/A

N/A

N/A

N/A

 

216.3

832.8

F

F

 

6.0

5.1

A

A

                     

Green Level to Durham Road at Panther Creek Parkway/South Connector Road

AM

PM

 

N/A

N/A

N/A

N/A

 

984.4

-

F

F

 

26.0

29.1

C

C

                     

O’Kelly Chapel Road at Amberly Drive

AM

PM

 

N/A

N/A

N/A

N/A

 

60.7

-

F

F

 

15.9

27.4

C

D

                     

Carpenter Fire Station Road at Amberly Drive

AM

PM

 

N/A

N/A

N/A

N/A

 

24.9

-

C

F

 

14.7

25.7

B

C

                     

Amberly Drive at South Connector Road

AM

PM

 

N/A

N/A

N/A

N/A

 

38.3

984.7

E

F

 

4.8

10.3

A

B

                     

Western Wake Expressway at Panther Creek Parkway

AM

PM

 

8.7

10.1

A

B

 

17.0

165.5

C

F

 

36.9

7.9

D

A

a Delay in seconds-per-vehicle.
b Level-of-Service.
c. Assumes NC 55 is widened to 4-lane divided highway.

GENERAL NOTES:

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

May 8, 2002

 

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%

609

Middle

7,596

6,456

117.7%

315

High

5,629

5,100

110.4%

432

Total for all Area Schools

28,134

24,683

114%

1356

Preschool

709

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2001. School assignment will be determined at the time of development. A list of individual area schools can be found for review: School Data

Since the applicant is proposing to provide funding to meet the Schools APF as allowed under the PUD provisions in the UDO, site and subdivision plans will not have to obtain certificates in the future.

ENVIRONMENTAL CONSIDERATIONS

Stormwater Services:

The Amberly PUD is subject to the current Town of Cary riparian buffers Ordinance, Nitrogen reduction Ordinance and Reservoir watershed protection Ordinance which are being addressed in the following manner.

The riparian buffer ordinance is being addressed by preserving those buffers that have been determined by the Town of Cary to be subject to the ordinance. There are instances where buffers are being impacted but this impact is being off set with land banking at a 2.24:1 ratio. A reduction in buffer of 143,806 sq. ft will be offset by permanently protecting 322,752 sq. ft of lands adjacent to streams which were not required to be protected under our buffer ordinance. This land banking is allowed under the current buffer ordinance at a 1:1 ratio. This proposal exceeds that requirement.

The nitrogen reduction is being addressed with the use of Best Management Practices (BMP's) and a PUD wide nitrogen target utilizing open space and riparian buffers to establish an over all goal for nitrogen. The attached spreadsheet shows how each pod within the PUD will reach the established target. This spreadsheet will be used at time of site plan submittal to ensure the overall PUD target is reached and shall be part of the approved PUD document.

The Reservoir Watershed Protection Ordinance is being addressed with a combination of impervious surface limitations and Best Management Practices.

 

ADJACENT ZONING AND LAND USES

 

Zoning:

Land Use:

North:

Residential-40

Vacant Land
Exempt Land

South:

Residential-40

Agriculture - Farm

East:

Residential-40

Agriculture – Farm
Green Level to Durham Road

West:

Chatham County Zoning

Vacant Land
US Army Corps of Engineers

 

TOWN OF CARY FUTURE LAND USE PLAN DATA

 

CURRENT

PROPOSED

Plan Designation:

Parts low, medium and high density residential, commercial, office, park open space and greenways and proposed roadways reflecting the layout of the existing approved Planned Unit Development for Amberly.

Neighborhood park

Revised development layout, including same uses and features with increased residential units and commercial acreage.

Alternate Designation:

None

No Change

Activity Center:

Includes Neighborhood Activity Center

Community Activity Center

 

COMPREHENSIVE PLAN ANALYSIS

LAND USE PLAN CONTEXT: The Town has prepared an update to the Cary Comprehensive Plan in the form of the Northwest Cary Area Plan, which is pending final Town Council approval on September 12. The Northwest Cary Area Plan includes the property in this PUD rezoning proposal. In terms of the application’s compliance with the new Northwest Cary Area Plan:

The Northwest Cary Area Plan recommends a mix of low-, medium-, and high-density housing in this area, with a community-sized mixed-use center located near the southeast quadrant of O’Kelly Chapel Road and Amberly Drive. The plan recommends two open space corridors of about 400 ft. in average width along Nancy Branch and Morris Branch, which flow east-west through the central portion of the PUD. The NW Plan also recommends multi-use path connections along Nancy and Morris Branch, Amberly Drive, and the county line. In general, the NW Plan includes its highest residential densities near the mixed use center and on the north side of the Lake, transitioning to moderate and lower densities outwards, especially to the south and west. The intent is to provide a mix of housing densities within a relatively short commute distance of RTP, and to provide non-automotive options for commuters and travelers, through the provision of a highly-connected pedestrian and bicycle path network.

Analysis of PUD Application Conformance with Northwest Cary Area Plan:

Overall, this PUD application conforms quite well with the Northwest Cary Area Plan, especially in terms of the mix of location of individual land uses and the intensity and density of development proposed. In further discussions with the applicant, they have also agreed to the following PUD plan changes, in order to bring the application into conformance with changes and clarifications made to the NW Cary Area Plan as part of the Planning & Zoning Board action on Aug. 19th:

  1. A direct pedestrian path will be provided between tract MF-1 and the Town Center immediately to the north, provided that the necessary regulatory approvals can be obtained to cross Nancy Branch and its stream buffer. (This path is desirable in order to facilitate pedestrian travel between MF-1 and Town Center. Without the connection, trips from the heart of MF-1 to the center of Town Center that would have been about 1,500 feet, will be forced onto sidewalks along roads, and trip length will expand to almost 4/5 a mile – a distance which people are unlikely to walk.)

There is only one tract in the Amberly PUD application where the intensity of the proposed land use differs from the Northwest Cary Area Plan. The approximately 60-acre portion of tract MF-2 that lies east of Amberly Drive and immediately north of and adjacent to the 12-acre Recreation Center and 3-acre VC-1 parcel is recommended for Medium to High Density Residential uses in the NW Cary Plan, but with an overall density cap of about 10 units per acre. The PUD application for this portion of MF-2 would allow for densities up to 16 units per acre.

While the density proposed for the PUD in this 60-acre area does differ from the NW Plan, in the context of the overall 1,080 acre PUD application, staff feels that on balance the PUD application does conform to the spirit and intent of the NW Plan. Further, if all of the areas making up tracts MF-2 and MF-2a are considered as a whole, the PUD application limits these 281.3 acres to a total of 2,146 dwellings – substantially less than the maximum of 3,163 units allowed in this area by the NW Cary Plan. That yields an average overall density for MF-2 and MF-2a of 7.6 units per acre, well within the Plan’s recommendations for medium to high density residential in this area.

PUD Application Compliance with Planning Board Version of NW Cary Area Plan:

The Northwest Cary Area Plan is not scheduled for final Council adoption until Sept. 12. At this point, there is one difference between staff’s recommended version of the NW Plan, and the Planning & Zoning Board’s official recommendation:

  • The Board’s recommendation calls for any development at densities greater than 3 units per acre, on tracts adjacent to U.S. Army Corps of Engineers’ property, to be developed using conservation subdivision design, where at least 50% of the total land area would remain in permanent open space, with development clustered on the remainder of the area. Amberly tract AR, tract MF-2a, and the portion of tract MF-2 that is south of the lake and west of Amberly Drive do not conform to the Board’s recommendation.
  • In response to the Board’s open space and density concerns in this area, as expressed by the Board-recommended NW Plan change noted above, the applicant has altered the PUD application as follows:
  • Building heights in the tracts AR and MF are limited to a maximum of 4 stories.
  • MF-2 and AR property adjacent to the Corps property will have: (a) a 50-ft. undisturbed buffer adjacent to Corps land; (b) a 25-ft. building setback from the undisturbed buffer; (c) only single family detached, patio, and cluster housing within 200 ft. of Corps property, at no more than 3 units per acre; and (d) no buildings over 3 stories within 300 feet of Corps property.

An Observation on Future Site Design:

Chapter 1 of the Northwest Cary Area Plan describes a vision for how future development should be oriented towards the four open space corridors in the plan, including the Nancy Branch and Morris Branch corridors, which traverse east-west through Amberly. Staff is confident that development along Morris Branch and the lake on Morris Branch will conform to this vision, as residential development there will obviously be arranged to take advantage of lake views. However, it is unclear at this point as to whether future development in the Town Center or MF-1 will conform to this aspect of the NW Cary Plan vision, and orient portions of their development towards the Nancy Branch open space corridor. Such a development orientation may be especially key within the Town Center, in order to "keep eyes on the multi-use path" planned for the north side of Nancy Branch. No portion of this PUD application should be construed to preclude future conformance with this aspect of the NW Plan, and the layout of these tracts and their buildings will be determined at a later stage, during site plan and subdivision review.

 

OPEN SPACE CONSIDERATIONS

Site contains extensive areas of mixed hardwood/conifer forest. Site contains no open space priority parcels.

 

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

  1. Staff recommends the approval of the proposed dedication of 28 acres of parkland* to be located off New Hope Church Road. Per the PRCR Advisory Board recommendations, subsequent meetings with the applicant clarified that residential street had originally been located to provide a maximum of acreage for the park.(28 acres) The applicant did agree to provide vehicular access to the park from the adjoining residential street.
  2. Staff also recommends the approval of the dedication of greenway easement within the 400' open space corridors for the development of public greenways.
  3. Staff recommends the approval of the applicant's proposal to construct all proposed public greenways. (This amounts to approx. 15,000 linear ft. of greenway. [This amount does not include the multi-purpose trails]) (The applicant has agreed to build the greenways if Transportation credits are received.)
  4. There is a lack of pedestrian connection indicated between the pods and the public system of greenways and multi-purpose trails. Applicant should at least provide a note of intent to provide a system of private access trails when necessary to link to the Amberly Lake Trail, Morris Branch Greenway, Nancy Branch Greenway, etc.

* The Parks, Recreation and Cultural Resources Advisory Board reviewed the Amberly PUD during its August meeting and voted unanimously in favor of accepting staff’s recommendation for the 28-acre park. It recommended further that the park should have complete frontage along the entire proposed residential street along the park's northern edge. It further voted that all open space corridors (400') meet the goals of the Northwest Plan and that the applicant build all proposed greenways within Amberly to Town standards and lastly, that these greenway trails be dedicated to the Town for public use and ownership.

 

STAFF ANALYSIS

Below is a list of the major changes to Amberly PUD since the public hearing.
  1. Marked pedestrian crossings are now shown on the revised Master Land Use Plan. Due to concerns raised by the Developer and the Town of Cary, a tunnel is no longer being proposed.
  2. Amberly PUD now has 274.37 acres of open space. By Town Ordinance, Amberly would be required to have 161.94 acres of open space. This is an increase of 169% over what is required.
  3. There are additional recreational amenities being provided within the specific development parcels. Refer to the revised Master Plan for the general location of these amenities.
  4. The PUD Master Plan has been revised to include the 400-foot (average width) linear parks that are identified on the Northwest Cary Plan.
  5. The PUD has been revised to provide for the multi-use corridors along Amberly Drive, Yates Store Road and New Hope Church Road as per the Northwest Cary Study.
  6. The density south of the large lake within pods MF-2 and MF-2A west of Amberly Drive has been reduced. The maximum density is now a maximum of 10 dwelling units per acre.
  7. The maximum height limit has been reduced. The maximum height in the Town Center is 5 stories. The maximum height in the multi-family and AR parcels is 4 stories. The maximum height in the two (2) village commercial parcels is 3 stories.
  8. Locations of entrance amenities have been located on the revised Master Land Use Plan.
  9. Potential transit stop locations have been identified on the Master Land Use Plan.
  10. An entrance to the Town Park has been added as per the Parks, Recreation and Cultural Resources Department.
  11. Amberly PUD will comply with the Town’s APF Ordinance for schools as outline in the Developer Agreement.
  12. Multi-family parcels (excluding MF-2a) adjacent to Corps property will adhere to the following standards:
  • 50-foot undisturbed buffer (utilities and pump station would be permitted)
  • 25-foot building setback adjacent to undisturbed buffer
  • Within 200-feet of Corps property (excluding MF-2a), uses would be limited to residential single-family detached patio and cluster housing (up to 3 units per acre). Additional uses allowed would be golf course and other low intensity recreational facilities, utilities, pump station, greenways and stormwater management facilities. No buildings over 3 stories will be allowed with 300 feet of Corps property.

13.   AR development parcels adjacent to Corps property will adhere to the following standards:

  • 50-foot undisturbed buffer (utilities and pump station would be permitted)
  • 25-foot building setback adjacent to undisturbed buffer
  • Within 200-feet of Corps property, uses would be limited to residential single-family detached, patio and cluster housing (up to 3 units per acre). Additional uses allowed would be golf course and other low intensity recreational facilities, utilities, pump station, greenways and stormwater management facilities. No buildings over 3 stories will be allowed with 300 feet of Corps property.
14.  Connectivity requirements are not applicable where parcels are adjacent to Corps property and/or stream buffers creating barriers to street crossings. In cases where this constraint does not apply, connectivity requirements will be met.

15.  Amberly PUD complies with the Town’s Northwest Area Plan.

16.  The post development Total Nitrogen Export limit has been reduced significantly.

17.  The number of stormwater devices has been increased to the maximum extent practicable in order to achieve the lower total nitrogen export limit.

18.  In consideration of the Town of Cary's recent agreement with Durham County for wastewater treatment capacity in Durham County's Triangle Plant, the Amberly PUD wastewater discharge point has been changed from the Carpenter Interceptor to the Kitt Creek Pump Station.

19.  A second water line connection is proposed by extending a water line along Yates Store Road to the water line at Cary Park

20. Land banking is now provided at a ration of 2.24:1 for reduction of a limited amount of Town of Cary Riparian buffers.

21.  Language was added to the PUD document clarifying when utilities and BMP’s could be allowed in the outer 50-feet of the State Class IV Watershed Protection buffers and Zone 3 of the Town of Cary Riparian buffers as part of a hardship due to topography. However, all locations within the outer 50-feet of the State Class IV Watershed Protection buffers and within Zone 3 will require Town of Cary approval at the time of site plan.

22.  Sand filters were added as BMP devices in commercial pods as an option for compliance with the pods target total nitrogen export.

23.  Private utility services shall obtain a Town of Cary or NC DOT encroachment agreement prior to installation in right-of-way.

24.  Amberly will commit to the contingency for a water line connection to NC 55 to the north of Amberly in the event that the development to the south does not happen. Amberly will commit to limiting the number of residential CO’s to 40% until there is a northern water line connection.

25.  Amberly PUD is responsible for the following public greenway construction:

  • Construct the greenway around the lake (8-foot wide paved path)
  • Construct the multi-use corridor (10-foot wide) along the western side of Amberly Drive to a point where it goes along the county line to Yates Store Road, down New Hope Church Road to the Town Park. The Developer will only be responsible for building the standard (10-foot wide) section. This does not include boardwalks if needed due to environmental conditions.

Protest Petition Information:

Valid [X ] for Parcel MR-2 tract Invalid [ ] None Filed ]

Analysis:

This project is located within the proposed NW Area plan under consideration by the Town of Cary. The comments for land use and transportation have been generated using this area plan.

Pros:

  • Compliance with the proposed Northwest Area Plan.
  • Exceeds open space requirement by 115 acres.
  • The applicant and/or the Town of Cary will make required roadway improvements in accordance with a separate developer’s agreement.
  • Exceeds a town initiative for a diversified housing population by incorporating a substantial age restricted area.
  • Providing funding for school construction via a developers agreement on a per unit basis at time of building permit
  • Less impact on school capacities with age restricted housing
  • Providing additional permanent protection for stream buffers not required by our ordinances

Cons:

  • Lack of pedestrian connections via private trails indicated between the residential tracts and the public system of greenways and multi-purpose trails.

REVISIONS TO AMBERLY SINCE THE SEPTEMBER 17, 2002 PLANNING AND ZONING BOARD MEETING:

  1. Amberly PUD is responsible for the following public greenway construction:
  • Construct the greenway around the lake (8-foot wide paved path)
  • Construct the multi-use corridor (10-foot wide) along the western side of Amberly Drive, to a point where it goes along the county line, to Yates Store Road, down New Hope Church Road to the Town Park. The Developer will only be responsible for building the standard (10-foot wide) section. This does not include boardwalks if needed due to environmental conditions.
  1. Nitrogen Export Limits: The Nitrogen Export shall be limited to the POD Nitrogen Export Schedule or to an export limit that may be determined based on completion of the NW Study Area Stormwater Analysis. 
  2. Private pedestrian connections to Town of Cary greenway system. Specific locations will be determined at the time of subdivision or site plan approval.
  • Town Center along Nancy Branch-2 connections
  • MF-1 along Nancy Branch-1 connection that will cross creek
  • MF-2 along north side of lake (both sides of Amberly Drive)-2connections
  • MF-2 along south side of lake (both sides of Amberly Drive)-2connections
  • MF-2 north of lake to county line trail-1 connection
  • MF-2 south of lake to county line trail-1 connection
  • AR to county line trail-5 connections

In addition to these changes, the following items have been agreed to:

  1. The Amberly PUD Document will be reformatted prior to submittal of the first development plan in Amberly.
  2. The Developer Agreement will be brought before the Cary Town Council for consideration of approval at the next Council meeting after the adoption of the Amberly PUD Amendment.

Amberly’s Proposal for Compliance with Cary’s APF for Schools

  • One bedroom - $500 per dwelling
  • Two bedroom - $1,000 per dwelling
  • Three bedroom - $2,000 per dwelling
  • Four bedroom - $3,000 per dwelling
  • Over four bedrooms- $1,000 per bedroom

With respect to dwelling units constructed within the portion of Amberly located in Chatham County, the amount payable to the Town of Cary shall be reduced by any schools fee paid to Chatham County or any other governmental entity.

Exempt from this requirement are congregate care facilities, assisted living facilities, nursing homes, rest homes and any other dwellings for non-active adults.

 

STAFF RECOMMENDATION

Staff recommends approval with applicant consideration of providing a system of private access trails from residential areas to link to the Amberly Lake Trail, Morris Branch Greenway, Nancy Branch Greenway, etc.

 

PLANNING AND ZONING BOARD RECOMMENDATION

Board voted unanimously to forward to Council for approval at their October 10, 2002 meeting.

 

TOWN COUNCIL RECOMMENDATION

Council voted to approve.

 

Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2002cases/2002index.htm