LAND USE PLAN AMENDMENT HISTORY: None.

Suitability of the Location for High- and Medium-Density Housing: The Land Use Plan recommends that in most instances higher density housing should be sited either at an activity center or a transit station, or at a major employment center, in order to put concentrations of population within either walking distance of daily amenities or transit, or within minimal commute distances from jobs. The nearest activity center with a shopping center is located about a mile eastward on NC54, so daily amenities will not be within walking distance. The original proposed location for the Morrisville TTA Regional Rail Station would have been less than a quarter mile from this site, however the new proposed station location will be about a mile west of the site, also beyond walking distance.

However, the site is located at the western edge of a major employment center (Weston Office Park), and thus does meet one of the three possible conditions that support the location of higher-density housing in the Land Use Plan.

The proposal also fits in well with the goals of the Center of the Region Enterprise (CORE) land use plan proposed by the Triangle J Council of Governments and endorsed by Cary, which calls for higher density residential uses to be located throughout this area, in order to lessen the impacts of sprawl by providing more housing close to the major employers of Research Triangle Park, RDU Airport, and Weston.

Pedestrian and Bicycle Connectivity: Since there is no sidewalk or greenway system providing interconnected access to the employment sites in Weston PUD (e.g., there are no sidewalks on Weston Parkway), the proposed rezoning is unlikely to reduce the number of automotive commute trips into Weston. Additional consideration should be given to upgrading the Weston Pkwy and NC 54 intersection to add crosswalks and "safe havens" in the median for pedestrians. The applicant has indicated support for enhancing the pedestrian movements via marked crosswalks, bus stops and connections to the adjacent apartments. Staff suggests adding conditions to the PUD to achieve this.

Transit: While the location will not be within walking distance of the future TTA Regional Rail Station (to be located about 1 mile east of the site), the location is served by TTA regional bus service. Further, the parcel’s location along NC54 and adjacent to other high-density housing will help facilitate future local bus transit service to the site.

Mixed Uses and the Cary Land Use Plan: The proposed rezoning terms this section of Weston PUD as a "mixed use overlay district." Criteria and guidelines for mixed-use development have been explored in both Cary’s Town Center Area Plan and the Northwest Area Plan. In both plans, mixed-use development is encouraged to contain a mix of medium- and high-density housing, and a mix of commercial (retail, services, dining, etc.) and office uses. This proposed rezoning is generally consistent, with 45 to 100 townhomes, up to 425 multifamily apartments/condos, and up to 40,000-sq. ft. of retail and/or office uses.

Parcel is predominately wooded. The Open Space and Historic Resources Plan identifies Significant Resource Areas of mixed upland hardwoods on the eastern third of the tract (near Weston Parkway & Martin Tavern Dr.) Staff recommends an expanded streetscape for Weston Parkway and Martin Tavern Drive that could incorporate tree preservation areas for these resources, in keeping with the wooded, campus-like setting of other Weston developments.

1. The Amendment will maintain the existing entry feeling of the Weston PUD on Weston Parkway.

2. There will be a clubhouse and pool for all the residents within the parcel being considered for the PUD Amendment.

3. A sidewalk is being provided along NC 54. An internal pedestrian system is identified on the conceptual land use plan. A marked crosswalk will also be provided across Weston at the NC 54 intersection. The exact location will be determined at the time of the first site plan submittal. A bus stop location will also be determined at the same time. A connection to the adjacent apartments will be provided subject to cooperation of the adjacent apartment complex owner.

4. Bike racks will be provided or there will be a bike rack area for the development.

5. There has been a reduction of 6 units for this project.

Valid [x] (Removed) Invalid [ ] None Filed [ ]

There were several concerns raised at the public hearing on this case. The developer met several times with the staff and other concerned citizens in an effort to address those issues.

One of the major concerns was additional traffic generation. Three of the four intersections studied in the traffic impact study are in Morrisville’s jurisdiction. The one intersection studied, which is in Cary’s jurisdiction, is located at Highway 54 and Weston Parkway. This intersection will operate at an acceptable level of service with the required mitigation.

There were also comments made concerning pedestrian access. The developer has provided pedestrian access within the development and a crosswalk at the Weston and Highway 54 intersection. However, the pedestrian access along Weston Parkway to Weston Estates Way has not been provided.

Significant resources exist on the lower third of this property along Martin Tavern Drive. Staff would recommend that during the site plan stage that this be addressed through site sensitive design in order to protect these resources and to keep the campus-like feel of the Weston Parkway development.

The protest petition was filed in response to a private contractual agreement, which the Town of Cary has no involvement.

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

• The one signalized intersection in Cary’s jurisdiction will operate at an acceptable level of service with the required mitigation
• The Land Use Plan can support higher density development at this location because of the proximity of this development to a major employment center
• This development is consistent with the Land Use Plan with respect to mixed use. Also the townhome component adds a medium density product which is desirable in this area
• The Center of the Region Enterprise Land Use Plan (CORE) calls for higher density residential uses throughout the area where this project is located
• Internal pedestrian access has been addressed
• There will be a recreation facility, bike racks, and a bus stop provided with this development
• There has been a slight reduction in the number of units proposed

• Valid protest petition on this case.
• Much of the Road system is in Morrisville’s jurisdiction, therefore, the level of service provided is not controlled by Cary.

• No pedestrian circulation provided along Weston Parkway to Weston Estates Way.

Staff recommends approval of this request provided that 1) language is included to protect the significant resources in the lower third of the property along Martin Tavern Way through site sensitive design at the site plan stage and 2) pedestrian circulation is provided along Weston Parkway to Weston Estates Way.