TOWN OF CARY REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
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PETITIONER |
PROPERTY OWNER |
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Jerry Turner/Glenda Toppe
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Amberly, LLC AND B.F. McLeod, Jr. AND Bernard F. & Virginia C. McLeod, Jr. |
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LOCATION: |
Generally north of O’Kelly Chapel Road and northwest of O’Kelly Chapel Road and Alston Avenue |
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MAPS: |
Master Land Use Plan Open Space Plan Conceptual Plan Phasing Plan Aerial Intersection Small Vicinity Large Vicinity River Buffers Zoning Zoomed NWCAP Uses Flood Zone Hydrology 091002 Master Land Use 091002 NWCAP Land Use Map Open Space Buffer 091002 Phasing 092002 Stormwater 091002 TC Vicinity |
In Town Limits [ ] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ X ]
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PROPOSED SCHEDULE OF MEETINGS |
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TOWN COUNCIL PUBLIC HEARING: |
July 11, 2002 |
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PLANNING & ZONING BOARD: |
September 17, 2002 September 24, 2002 |
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TOWN COUNCIL: |
October 10, 2002 October 24, 2002 |
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PARCEL INFORMATION |
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Parcel # |
Realid # |
Area |
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0726829398 (part of) |
0046320 |
220.22 acres |
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0736022203 |
0206490 |
24.24 acres |
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0726730190 |
0214011 |
5.72 acres |
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0726631161 (part of – Chatham Co) |
59.22 |
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REZONING DATA |
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CURRENT |
PROPOSED |
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Zoning: |
Residential-40 (R40) |
Residential-40 Planned Unit Development (PUD) |
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Overlay District: |
Jordan Lake Watershed |
Jordan Lake Watershed |
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Land Use: |
Agricultural – Forest Land |
Mixed residential, commercial, and park development consisting of a maximum of 1390 dwelling units:
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REZONING CONDITIONS |
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CURRENT |
PROPOSED |
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N/A |
Mixed development consisting of single-family detached, cluster; multi-family residential; office, retail and commercial; recreation; and a park site. See master plan for details. |
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REZONING HISTORY |
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None. |
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SITE DATA |
Land Use Notes # 5: Remove comment that no additional streetscapes and buffers shall be required.
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WATER/SEWER SERVICE |
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Staff Remarks: Only one minor issue should be changed: General Notes #3 on Sheet C-4 and any reference to "Town of Cary capital project" on the same sheet shall be removed. With this comment being addressed, the proposed water and sewer design meets Town utility policies and standards. |
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TRANSPORTATION |
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Traffic Impact Analysis Required: Yes [ X ] No [ ] A Transportation Planning Study was prepared by Wilbur Smith Associates dated February 2002. A Traffic Impact Study was prepared May 2002. The September 3, 2002 submittal represents a trip reduction of 12.6% from the traffic study. EXECUTIVE SUMMARY – Wilbur Smith – May 2002 This study has been conducted to assess the traffic
impacts and evaluate the access and egress requirements for the proposed
Stonewater (formerly known as Forest Creek) Planned Unit
Development (PUD). The project site is to be located on the west side of
NC 55 and to the north 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. The project proposal is a mixed-use development known as the Stonewater PUD. This project site is located to the 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 1,357 residential units, 180,000 square-feet (sf) of retail space, 60,000 sf of office space, and a 28-acre Town Park. Access for this future development will be provided via the existing roadways of O’Kelly Chapel Road, Alston Avenue/Green Level to Durham Road, the future County Line Road (which a portion is proposed to be constructed as part of this development), as well as the proposed internal east/west and north/south connector roadways. It should be noted that future regional access to the project will also be provided by the planned Western Wake Expressway, which is proposed to be constructed by the NCDOT in the immediate area of the site and is planned to terminate at NC 55. When constructed and reasonable access obtained, this future Expressway would provide excellent regional access for traffic generated by the Stonewater PUD. For study purposes, the Western Wake Expressway has been assumed to be partially in place by the planning horizon of the project. EXISTING CONDITIONS Existing conditions have been gathered for the following four 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 .919 and .908 were developed for the AM and PM peaks, respectively, and have been utilized within this report as required by the ordinance. PROBABLE IMPACTS OF THE PROJECT 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. Within the defined study area, NC 55 is programmed to be widened from its current two-lane cross-section, to a four-lane divided facility by the NCDOT. This improvement is planned to be started by 2003/2004, and will extend from US 64 through the study area to I 40. Also included with this project is the re-alignment/extension of O’Kelly Chapel Road between Green Level to Durham Road and NC 55. Additionally, the existing southbound approach of Alston Avenue at O’Kelly Chapel Road will be relocated opposite Green Level to Durham Road to form a four-legged intersection. Another roadway planned project, is the Wake Expressway which is planned to end at NC 55 via a grade-separated interchange. South of NC 55, the Wake Expressway should, at a minimum, continue as a two-lane facility terminating at Panther Creek Parkway (proposed) via an at-grade intersection. 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 19,790 (two-way) vehicle trips on a weekday daily basis, of which a total of 1,066 trips (384 entering, 682 exiting) are expected during the weekday AM peak-hour. During the PM peak-hour, 1,912 trips (1,025 entering, 887 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/Green Level to Durham Road. As a result of this project, traffic volume increases at the study area intersections are expected to be significant, ranging from approximately 15 to 280 percent, with the highest increases occurring at intersections internal of the site. Roadway improvements/modifications by developer As part of the proposed development plan, a portion (approximately 850-feet) of the proposed future County Line Road (Amberly Drive) will be constructed from O’Kelly Chapel Road northward to the project boundary. This roadway will be constructed as a four-lane divided cross-section. Also, as part of this project, two internal connector roadways will be constructed. An east/west connector will be constructed and extend (approximately 1,250-feet) from the proposed County Line Road eastward to Green Level to Durham Road. This roadway will be located approximately 500-feet north of (and parallel to) O’Kelly Chapel Road. A north/south connector will be constructed and extend (approximately 400-feet) from O’Kelly Chapel Road northward to the proposed east/west connector. This roadway will be located approximately 850-feet west of (and parallel to) Green Level to Durham Road. Each of these connector roadways will be constructed as a two-lane divided cross-section. In addition to this new roadway construction, the following roadways will be widened (along the project frontage) to provide a four-lane divided cross-section.
To provide access to the proposed development, multiple access driveways are proposed to access the major roadways of O’Kelly Chapel Road and Green Level to Durham Road, the minor roadway of Alston Avenue, as well as the newly constructed County Line Road, East/West Connector, and North/South Connector. It should be noted that all above improvements/modifications are included under the 2010 Build condition. 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 all study area intersections are acceptable (LOS D or better) during both the weekday AM and PM peak hours with the exception of the NC 55 at Alston Avenue/Petty Farm Road intersection, which operates unacceptably during both time periods due to the high volume of through traffic on NC 55. Under 2010 No-Build conditions, all intersections are expected to operate acceptably during the peak hours with the exception of the Green Level to Durham Road/O’Kelly Chapel Road intersection. 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, operations at all intersections will be degraded such that three of the study intersections will operate unacceptably. Recommended Mitigation NC 55 at O’Kelly Chapel Road
O’Kelly Chapel Road at Green Level to Durham Road
O’Kelly Chapel Road at Alston Avenue
General Comments As shown, with mitigation, the O’Kelly Chapel Road at Green Level to Durham Road intersection is improved to an acceptable level, whereas the NC 55 at O’Kelly Chapel Road intersection is drastically improved but will still operate unacceptably during the PM peak-hour. In order to achieve acceptable levels, it is anticipated that NC 55 will need to be widened to provide three travel lanes in the each direction at some point in the future if planned development continues in the region. Also, if this widening of NC 55 were to occur and/or the Western Wake Expressway were to be extended to US 64, the required number of separate turning lanes at specific intersections along NC 55 would be reduced. Thoroughfare Improvements: As part of site development, thoroughfares shall be constructed according to the cross sections specified in the Town’s Comprehensive Transportation Plan, or the Traffic Impact Analysis prepared by Wilbur Smith Associates, whichever is greater. The roadway improvement schedule on sheet C-1 in the PUD booklet needs to be addressed in the transportation development agreement between staff and applicant. Development and transportation improvement phases will be part of that agreement. |
Table 7
Level-of-Service summary

Table 8
mitigated Level-of-Service summary

* Delays not calculable.
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WAKE COUNTY SCHOOL CAPACITY IMPACTS: |
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Current Enrollment |
Building Capacity |
Percent occupied |
Projected Number of Additional Students |
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Elementary |
14,909 |
13,127 |
113.6% |
239 |
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Middle |
7,596 |
6,456 |
117.7% |
124 |
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High |
5,629 |
5,100 |
110.4% |
170 |
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Total for all Area Schools |
28,134 |
24,683 |
114% |
533 |
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Preschool |
278 |
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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.
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ENVIRONMENTAL CONSIDERATIONS |
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Stonewater PUD Final comments 9/10/02 Stormwater Services The Stonewater 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 no plans to impact any of the subject riparian buffers in this PUD. 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 parcel or "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. |
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ADJACENT ZONING AND LAND USES |
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Zoning: |
Land Use: |
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North: |
Residential-40 |
Residential |
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South: |
Residential-40 |
Agricultural |
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East: |
Business-2 Conditional Use |
Vacant Land |
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West: |
Residential-40 PUD (Amberly) |
Vacant Land |
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TOWN OF CARY FUTURE LAND USE PLAN DATA |
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CURRENT |
PROPOSED |
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Plan Designation: |
Part low density residential (1 to 3 dwelling units per acre), part low to medium density residential (up to 8 dwelling units per acre) Neighborhood Park , Proposed Greenway and Planned Roadways |
A range of densities from low to medium and high density residential (8 or more units per acre). Roadway realignments and connections and a park (located in a Planned Unit Development). |
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Alternate Designation: |
None |
None |
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Activity Center: |
None |
Neighborhood Activity Center |
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COMPREHENSIVE PLAN ANALYSIS |
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LAND USE PLAN: The adopted Land Use Plan shows the project site to be Low Density Residential, Low to Medium Density Residential, Neighborhood Park, and Greenway uses. Under the draft Northwest Area Plan (slated for adoption by Council on September 12, 2002), the site is designated LDR, MDR, HDR, Park and Mixed uses in the exact locations and with the same land uses and densities as proposed by the proposed PUD. The proposed land uses and densities are therefore consistent with the draft NW Area Plan.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:
If the Town Council does not approve the Northwest Area Plan in its current form, the proposed PUD rezoning would require a formal land use plan amendment (#02-LPA-05). OPEN SPACE PLAN: The extreme northeast corner of the PUD contains mixed upland hardwood forests that have been identified as a Significant Natural Heritage Area (SNHA) by the NC Natural Heritage Program. These are defined as areas having… "particular biodiversity significance…due to the presence of rare species, rare or high quality natural communities, or other important ecological features." The applicant is to be commended for committing to the preservation of the northeast corner of the PUD (which contains a large area of the SNHA areas) as a Town Park. Other significant natural resources on site (including additional SNHA areas to the south/west of the 100-foot riparian buffer within the proposed MF-1 multifamily area, as well as some Significant Natural Resource Areas as identified by the Cary Open Space Plan within the other MF pods within the PUD), will be evaluated by staff upon submission of site and subdivision plans. |
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PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN |
* The Parks, Recreation and Cultural Resources Advisory Board reviewed the Stonewater PUD during its August meeting and voted unanimously in favor to accept staff’s recommendation to choose between either of the two options of park sites that were originally offered by the developer. (The developer originally offered two options for dedication. The first option (1) would include dedicating 15.00 acres located along the east side of Green Level to Durham Road, north of O'Kelly Chapel Road. In addition, the developer also proposed dedicating 14.53 acres of floodplain (open space) along Kitt Creek (located on the west side of Green Level to Durham Road). The second option (2) would include dedicating 11.66 acres of parkland (upland) located along the west side of Green Level to Durham Road. As with the first option, the developer would also include the same 14.53 acres of floodplain also located along the west side of Green Level to Durham Road). |
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STAFF ANALYSIS |
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Changes Since Public Hearing :The required public hearing on the Stonewater PUD was conducted on July 11, 2002. Some of the major issues raised at the hearing included:
Since the hearing, staff has transmitted comments to the applicant on these and numerous other aspects of the proposed rezoning. Several changes to the PUD have been provided in response to public comments:
In addition, the following other additions, changes, and revisions have been incorporated in the Stonewater PUD:
Protest Petition Information: Valid [ ] Invalid [ ] None Filed [X] Analysis: This proposal is located close to the Regional Activity Center proximate to the I-540 and NC 55 interchange and provides a mix of land use types and higher density development in the area near Research Triangle Park. The applicants have worked closely with staff to prepare the Stonewater PUD in conjunction with development of the Northwest Area Plan. Pros:
Cons:
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STAFF RECOMMENDATION |
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Staff recommends approval of the Stonewater PUD as presented, incorporating the language changes and additions provided by the applicant, and the minor changes and edits pointed out by staff in this report. |
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PLANNING AND ZONING BOARD RECOMMENDATION |
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At the meeting on September 24, 2002, the Planning & Zoning Board’s discussion focused on the mechanisms proposed by the applicant to address nitrogen runoff generated by this project. A motion to approve the plan as submitted failed by a vote of 2-6. On a motion by Mr. Zaccardo, seconded by Ms. Perrin, the Board voted 8-0 to forward this planned unit development to Council for approval with the minor language modifications noted by staff and addition of a new requirement to achieve a nitrogen target of 3.6 lbs/ac/yr instead of 3.8 lbs/ac/yr as proposed by the applicant. Since that time, staff has evaluated this requirement and would recommend alternative language to allow flexibility to meet whatever standard is in place since the Northwest Area Plan proposes a potential increase in the nitrogen target via a special study. |
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TOWN COUNCIL ACTION |
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Council voted to approve. |
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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 |