TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (November 21, 2002)
02-REZ-13/LPA-09 – BISHOP’S GATE PLANNED UNIT DEVELOPMENT

PETITIONER

PROPERTY OWNER

Evangelical Covenant Church
5101 North Francisco Avenue
Chicago, IL 60625

(773) 784-3000
Fax: (773) 784-4366

Applicant Contact:
Chuck Smith – Withers & Ravenel, Inc.
111 MacKenan Drive
Cary, NC 27511

(919) 469-3340
Fax: (919) 467-6008

Sherwood H. Howell & Oma A. Howell
1350 Davis Drive, Apex, NC 27502

AND

Frances J. Marks, Elsie J. Walters and Allen K. Jenks
2081 NC Highway 42
Moncure, NC 27559

AND

Elaine Contronis Brock
4000 Mountainbrook Road
Apex, NC 27502

LOCATION:

West of Davis Drive and Westhigh Street

MAPS:

Vicinity Map - Small
Vicinity Map - Large
Illustrative
Master Land Use
Open Space and Buffers
Zoning Map
Land Use Plan Map
Stream Buffers
Stormwater Management Plan
Town Council Vicinity

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

 

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

August 22, 2002

PLANNING & ZONING BOARD:

October 21, 2002

TOWN COUNCIL:

November 21, 2002

 

PARCEL INFORMATION

Parcel #

Realid #

Area

074315639704

0211578

30.43 acres

074316837854 (part)

0035452

24.44 acres

074316830760 (part)

0015045

23.25 acres

074316834747 (part)

0041845

33.33 acres

074315722907 (part)

0033743

18.01 acres

Total: Approximately 83.02 acres inclusive of the "part" parcels.

 

REZONING DATA

 

CURRENT

PROPOSED

Zoning:

Residential 10 Conditional Use (R10-CU)
Residential 40 (R-40)
Residential 40 (R-40)
Residential 40 (R-40)

Residential 10 and 40 Planned Unit Development

Overlay District:

N/A

N/A

Land Use:

Vacant, Residential, Agricultural

A mixed development consisting of:

SF-1 Tract: Detached single-family units consisting of 99 92 units on 29.74 acres. A small recreation site consisting of .17 acres has been added to the SF-1 tract along with the .49 acre recreation site already part of the proposal.

SF-2 Tract: Detached single family units consisting of 6 5units on approximately 2 acres.

SF-3 Tract: 4 units on 3.1 acres

AR-1 Tract: Attached residential units consisting of 88 68 units on 9.74 acres.

AR-2 Tract: Attached residential units consisting of 46 35 units on 4.99 acres.

A church site consisting of 8.34 acres with an alternative of detached single family units with same criteria as SF-1 tract.

An Office A site consisting of 3.15 acres with an alternative of attached residential units with same criteria as the AR-1 tract.

See master plan for additional details.

Note: Strike-through and bold reflects changes since the public hearing.

 

REZONING CONDITIONS

CURRENT (For the R-10CU Portion)

PROPOSED

1. The owner of the subject tract of land shall construct an east-west collector street to Davis Drive with such collector street being completed according to the Town of Cary standards and open for traffic prior to the issuance of any building permits on the property. In addition, the interior streets that connect to Modena Drive shall be constructed according to Town of Cary standards and open for traffic prior to the issuance of building permits on the property. The east-west collector street shall intersect with Davis Drive at Farm Pond Road unless otherwise determined by the Town Council.

1. Minimum lot size in the SF-1 against Giverny subdivision will be 11,000 square feet.

2. The church site will be used for a church with no alternative residential uses.

3. Single family detached parcel (SF-1, 2 and 3) densities approximately 2.46 du/ac; attached residential (AR-1 and 2) is approximately 7 du/ac for an overall density of 3.1 du/ac and 204 units total for the project.

4. A 60-foot landscape strip will be provided within the church parcel against existing Giverny lots.

5. A recreation site consisting of .17 acres will be provided on the SF-1 parcel. (This is in addition to the .49 acre recreation site also found in the SF-1 Tract).

2. Along the western boundary line contiguous with the railroad right-of-way, there will be a 20-foot Type "A" buffer. This buffer may have a combination of fencing, berming, and landscape plantings. A buffer plan for the entire buffer will be submitted with the first preliminary subdivision plat request for the property.

6. In order to address complementary vehicular, pedestrian and bicyclist needs, the following will be completed:

a) West High Street shall be built as a 35’ to 38’ roadway section in a 60’ right-of-way that includes a 4 foot striped bike lane in each direction;

b) a standard 5’ Town of Cary sidewalk shall be built on the south side of West High Street from Davis Drive to Cary Parkway; and

3. In an attempt to prevent Modena Drive from becoming a "cut-through" street, the streets connecting Modena Drive to the east-west collector street shall include at least two (2) 90 degree turns between the point at which Modena drive connects to the northern boundary line of the subject tract and its connection to the east-west collector street.

c) In place of the greenway trails that were to be located within the stream buffer, a 10’ asphalt multi-purpose trail shall now be built along the north side of West High Street from Davis Drive to Cary Parkway with cost difference between a 5’ concrete sidewalk and a 10’ asphalt path, as well as any other related costs due to this additional width, offset by the required recreation fees for the project. Portions of the trail outside of the 60’ right-of-way will be located in a greenway easement. We will still reserve the opportunity to request trail locations in the stream buffers at a later date, but will go through the standard Town of Cary process already in place to make this request.

4. All construction traffic shall access the subject property only from the east-west collector street and Davis Drive and shall be explicitly prohibited from utilizing Modena Drive as a construction entrance at any time. Moreover, all developers and builders which access the subject property must, to the best of their abilities, require all construction traffic to utilize the east-west collector street and Davis Drive entrances

7) The buffer adjacent to the railroad will exceed Town standards by using a combination of existing mature vegetation, berming (approximately 6 feet), and supplemental new vegetation.

8) The applicant has agreed to remove the proposed office use for the pod at the southeast side of the intersection of West High Street and Davis Drive. The alternative attached residential units as proposed in the PUD document are now proposed.

 

**All conditions added since public hearing.

  Conditions Added Since Planning and Zoning Board Meeting:
  1. West High Street shall be completed from Cary Parkway to Davis Drive prior to the issuance of the 100th C.O. within Bishop’s Gate. In any event, the Modena Drive connection between Bishop’s Gate and Giverny will occur no sooner than 90 days after the West High Street/Davis Drive connection is made. Since the developer has no assurance from the railroad of a date of approval of the revised West High Street/Davis Drive crossing, the developer reserves the right to re-visit this number in the event the approval of the crossing is delayed past 2 years from the approval of Phase I subdivision plans.
  2. A street stub shall be provided off of West High Street through the old O&I site to the new AR-3 site to serve the Witt property to the south.
  3. A signed annexation petition shall be submitted prior to the approval of the first phase of subdivision plans.

 

REZONING HISTORY

R-10 CU Portion: Z-687-93-1, R-40 to R-8 CU Denied, 7/8/93; Z-709-93-1, R-40 to R-10 CU, Approved
R-40 Portion:
N/A

 

SITE DATA

WATER/SEWER SERVICE

Staff Remarks:

Water: The proposed water plan meets current Town utility policies and standards.

Sewer: Staff has concerns regarding the wording on sewer reimbursement statement in the PUD document. The applicant agrees to revise related sections and fully comply with Town policies.

 

TRANSPORTATION

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

A Traffic Impact Analysis has been prepared by HNTB dated July 2002.

Thoroughfare Requirements:

  • Davis Drive is specified to have an ultimate cross section of 73’ back-to-back within a 100’ right-of-way. The 73’ back-to-back section consists of 2 lanes in each direction (14’ outside lanes & 12’ inside lanes) with a center-landscaped median.
  • Westhigh Street is specified to have an ultimate cross section of 45’ back-to-back within a 70’ right-of-way.

Connection to all adjacent existing street stubs is a requirement of the Town’s connectivity ordinance.

 

TRAFFIC IMPACT STUDY - EXECUTIVE SUMMARY - HNTB

I. PROJECT DESCRIPTION

A new mixed-use residential/commercial development to be titled Bishops Gate PUD (Planned Unit Development) is being proposed for construction on property on WestHigh Street near Cary Parkway and Davis Drive in Cary, NC. The proposed facilities include 270 residential units, 30,000 square feet (SF) of office development, and a 42,000 square foot church. Figure 1 shows the general site location of the Bishops Gate PUD. The proposed site is located in undeveloped tracts of land between Davis Drive and Cary Parkway in the southwestern part of Cary. For the purposes of this analysis, all facilities are assumed to be complete and fully operational by the year 2008. This report analyzes the full build-out scenario for the year 2008, the no-build scenario for 2008, as well as 2002 existing year traffic conditions.

The proposed site will have two direct access links to Cary’s local and regional thoroughfares. One connection currently exists as WestHigh Road, which connects to Cary Parkway. The other connection will be an extension of WestHigh Street through the Bishops Gate PUD, connecting to Davis Drive directly across from the existing Farm Pond Road intersection with Davis Drive. It is assumed that parking will be provided internally for individual residences and commercial parcels and that some internal circulation roadways will be developed to convey PUD traffic onto WestHigh Street.

This report analyzes and presents the traffic impacts that the Bishops Gate PUD site will have on the following intersections along Cary Parkway (south to north):

In addition, the report analyzes the traffic impacts to three intersections along Davis Drive (listed south to north):

This study does not include any analysis of potential future internal roadways or minor local access streets currently intersecting WestHigh Street.

  1. EXISTING CONDITIONS
  2. All of the six intersections analyzed are existing. Figure 3 displays the existing study area laneage. The intersections of Cary Parkway / Old Apex Road and Davis Drive / Old Jenks Road are currently signalized. All remaining intersections are unsignalized. Davis Drive and Cary Parkway are regional arterial facilities and Old Apex Road serves as a minor arterial for the Town of Cary. WestHigh Street, West Chatham Street, Old Jenks Road, Farm Pond Road, and Park Village Road provide local connectivity to residential subdivisions and retail/commercial developments.

     

  3. PROBABLE IMPACTS OF THE DEVELOPMENT PROJECT
  4. The projected trips generated by the proposed Bishops Gate PUD site were based on the ITE Trip Generation Manual (Institute of Transportation Engineers, 6th Edition, 1997). Each facility was separately reviewed to determine the best site trip generator independent variable. The proposed 30,000 square feet of commercial space was analyzed as the "General Office Building" ITE Land Use Category. Based on traits such as number of previous studies and which criteria better fit the specific sites, it was determined that the planned church and commercial space would best be analyzed based on gross leaseable floor areas and the residential units as single family detached housing. This analysis does not reduce the number of estimated site trips by a passby reduction factor per documentation found in the ITE Trip Generation Manual, 5th Edition and the February 1995 Update of the 5th Edition. No reduction was made due to the fact that these land uses are not typically associated with passby trips. A truck percentage of two percent was assumed for site generated traffic. Trip generation results used the average rate methodology to calculate the number of trips. This provides a more accurate estimate than using the derived equation-based methodologies. The equation-based methods often overpredict site trips that are not realistically generated by relatively small individual parcels, like the commercial space proposed for the Bishops Gate PUD.

     

    With the addition of new peak hour trips during the AM peak period and the PM peak period, there are potential impacts to the study area intersections caused by the influx of site traffic. This is especially true for the analyzed intersections of Cary Parkway / WestHigh Street and Davis Drive / Farm Pond Road (WestHigh Street extension). These intersections will experience a high percentage of site traffic impact at multiple approaches, adding to heavy north/south vehicular movements along both Cary Parkway and Davis Drive during peak travel periods. Traffic to and from the proposed site access points onto these existing facilities has the potential to cause queuing problems or excessive delays for vehicles attempting to exit the PUD during the peak hours. In addition, the Cary Parkway intersection with West Chatham Street currently experiences constrained conditions with traffic movements operating near capacity and causing potential safety problems during the peak periods. The Town of Cary is planning to widen Old Apex Road by the 2008 site buildout year, which will relieve some capacity problems at its intersection with Cary Parkway.

     

  5. TRAFFIC OPERATIONS ANALYSIS

Of the six intersections analyzed, none currently operate at undesirable levels of service. Analysis at Cary Parkway and West Chatham Street initially indicates that existing traffic operations produce lengthy delay, but a field operational delay study noted that actual delays are much lower than what is calculated by operations analysis software (HCS). Cary Parkway exhibits heavy peak period traffic volumes that can at times limit the opportunity for vehicles turning from W. Chatham Street. This intersection’s operations will become more congested in the future 2008 scenarios, but not to a degree that would cause complete failure for critical movements. Figures 4-8 display the existing and projected traffic volumes used in this analysis.

Future year analyses indicate that the intersections of Davis Drive / Park Village Road and Cary Parkway / WestHigh Street, will operate unacceptably with or without site traffic. Conditions are expected to worsen for the minor street stop-controlled approaches at these intersections. No significant delay is expected for the major approaches at these intersections. The addition of site traffic will cause a similar problem to occur at the intersections of Cary Parkway / WestHigh Street and Davis Drive / Farm Pond Road (WestHigh Street extension) for the minor approaches. In addition, 2008 analyses with the addition of site traffic indicate that the intersection of Cary Parkway and Old Apex Road will operate with excessive overall delay. This intersection, even with improvements to Old Apex Road, is near or at capacity with or without site traffic in 2008. No other study area intersections face deficient operations as the result of additional Bishops Gate PUD site traffic.

A summary of the traffic operations for each intersection, related to vehicular delays (intersection average as a whole if signalized, critical movement if stop-controlled) and Level-of-Service (LOS) is shown in Table ES-1. The table also indicates LOS and delay values calculated through the use of traffic operations simulation software. Simulation is an effective tool for more accurately predicting operations under future scenarios.

 

V. MITIGATION RELATED TO THE PROJECT

Figure 9 shows the operationally deficient movements and their corresponding delay. Figure 10 presents the recommended improvements described below.

There are no recommended improvements to be made by the Town to correct current deficiencies, or deficiencies expected without site traffic in the 2008 No-Build scenario.

The recommended improvements to be made to mitigate site traffic impacts specifically are to widen the existing WestHigh Street approach at Cary Parkway to include separate right and left-turning lanes with appropriate pavement delineation and at least 150 feet of turning bay storage. Also, to mitigate impacts at the Cary Parkway / Old Apex Road intersection, the left-turn phasing for eastbound Old Apex Road should be changed to allow permitted turns in addition to the protected phase. This simple upgrade will allow enough marginal improvement to cause the signal to operate with slightly less delay than the 2008 no-build condition.

For the other intersections that experience movements with excessive delay, there are no recommended improvements. In every scenario, with or without site traffic, the movements (usually the left-turns out of the subdivision minor streets) will fail in either case. Restriping the lanes to separate movements at these intersections does not improve operations to any significant degree. Signalization, although an option to produce acceptable operations, is not recommended because the minor street volumes do not warrant the installation of a signal, and the proliferation of signals along both the Davis Drive and Cary Parkway corridors would cause unnecessary detrimental delay to the through traffic.

 

Operations analysis and simulation techniques show that vehicular queues at these minor street approaches are not excessive in peak periods. In addition, many of these intersections are located upstream or downstream of nearby existing traffic signals that provide gaps in the major street traffic that will allow minor street turning movements adequate opportunity to complete their maneuvers. Operations for the affected turning movements will likely improve to a significant degree in the off peak periods, though these periods were not specifically analyzed for this study.

 

 

Table ES-1 LOS and Delay Summary

 

Bishops Gate PUD – TAR 138

2002 Existing

2008 No-Build

2008 Build

2008 Mitigated

Intersections

Time Period

Delay

LOS

Delay

LOS

Delay

LOS

Delay

LOS

Davis Drive at

AM

8.4

A

13.6

B

14.0

B

N/A

N/A

Old Jenks Road

PM

26.1

C

43.9

D

48.4

D

N/A

N/A

Davis Drive at

AM

11.5

B

12.8

B

36.5

E

N/A**

N/A**

Farm Pond Rd

(WestHigh St Ext)

PM

17.4

C

23.7

C

64.7

F

N/A**

N/A**

Davis Drive at

AM

22.9

C

45.0

E

49.2

E

N/A**

N/A**

Park Village Road

PM

22.4

C

36.1

E

38.3

E

N/A**

N/A**

Cary Parkway at

AM

32.4

C

32.1

C

32.5

C

31.0

C

Old Apex Road

PM

51.3

D

56.1

E

59.4

E

55.5

E

Cary Parkway at

AM

20.1

C

26.1

D

92.0

<31.1>

F

<D>

81.2

<37.2>**

F

<E>**

WestHigh Street

PM

27.8

D

43.0

E

363.3

<77.3>

F

<F>

250.2

<43.7>**

F

<E>**

Cary Parkway at

AM

83.2

<32.1>

F

<D>

288.4 <50.0>

F

<F>

383.2

<59.4>**

F

<F>**

N/A**

N/A**

West Chatham Street

PM

67.1

<34.5>

F

<D>

229.9 <35.9>

F

<E>

344.9

<37.4>**

F

<E>**

N/A**

N/A**

N/A – Not Applicable or No Improvements Necessary

           

<X> - Results from Field Delay Study/Traffic Simulation Analysis

     

** - Low Traffic Volume and/or Queue Length

     

TRANSPORTATION ISSUES from Public Hearing:

Waldo Rood @ Davis Drive not studied:

The intersection of Waldo Rood Road and Davis Drive is 5800 feet from Bishops Gate PUD and exceeds the one-mile limit for Traffic Impact Studies.

The intersection of Waldo Rood Road and Davis Drive was studied as part of the Sears Farm PUD December 2001. That study indicates the intersection will operate at level of service D/C in 2006 with full Sears Farm development and the town’s widening of Davis Drive.

The proposed Bishops Gate PUD will only add an additional 1% traffic to the intersection at build out. The intersection should operate at level of service "D" or better with the development of Bishops Gate PUD.

Traffic volume on Waldo Rood Road should decrease with the construction of Westhigh Street (Cary Parkway to Davis Drive).

Local Street traffic:

Giverny Place: The engineer needs to determine the connectivity index for this development. This will determine the traffic service to Giverny Place. The existing grade crossing of the railroad at existing Westhigh Street R/W will be eliminated and relocated to the new alignment of Westhigh Street. Does Giverny Place need to be extended to AR-1?

Modena Drive: The existing residents of Modena Drive will find the connection to Westhigh Street more convenient than the residents of Bishops Gate traveling to MacArthur Drive. As a result, the traffic volume on Modena Drive at MacArthur Drive should decrease with the construction of Westhigh Street from Cary Parkway to Davis Drive.

Traffic cut thru on Westhigh Street. Today, the only connection between High House and Old Apex Road for Cary Parkway and Davis Drive traffic is Waldo Rood Road.

 

ADT

LOS

Waldo Rood Road @ Davis Drive

15,027 (2001)

E/C

Waldo Rood Road @ Cary Parkway

12,861 (2002)

B/C

With the construction of Westhigh Street between Cary Parkway and Davis Drive, the traffic volume on Waldo Rood Road should be reduced. That traffic volume will move to the Westhigh Street corridor. This cut thru traffic was not included in the traffic study and is not created by the development of Bishops Gate PUD.

Traffic Delays and congestion–

 

Chatham Street @ Cary Parkway The traffic signal warrants for a traffic signal are not met. However, if the average intersection vehicle delay exceeds 35 seconds (level of service D) then a traffic signal would be required with or without the Bishops Gate PUD.

 

Westhigh Street @ Cary Parkway The construction of Westhigh Street from Cary Parkway to Davis Drive and the new collector street traffic will meet the requirements for a traffic signal at the intersection. The traffic signal should operate at level of service "D" or better.

Westhigh Street @ Davis Drive The construction of Westhigh Street from Cary Parkway to Davis Drive and the new collector street traffic will meet the requirements for a traffic signal at the intersection. The traffic signal should operate at level of service "D" or better.

Park Village @ Davis Drive The widening of Davis Drive from Cary southern town limits to Morrisville will meet the requirements for a traffic signal at the intersection. The traffic signal should operate at level of service "A" or better.

Existing railroad and future commuter service The NCDOT rail division indicates that the existing railroad bed is the lowest standard for railroads with speeds of less than 10 mph. Today, a freight train travels to Durham in the morning and returns to Apex in the afternoon.

This rail line is proposed in the NW Area Plan to provide commuter service in the future. This is the only existing rail line to provide service between Apex to Durham.

Davis Drive only two lanes in Apex. The existing two lane Davis Drive in Apex is adequate for the existing volume and the traffic from Bishop’s Gate. As traffic continues to increase in Apex, Davis Drive will need to be built to the same standard as the Cary section. At this time, Apex nor NCDOT has plans to improve this road.

 

ADT

Davis Drive – North of Waldo Rood Road

18,916 (2001)

Davis Drive – South of Waldo Rood Road

15,385 (2001)

Davis Drive – North of Park Village Drive

12,358 (2002)

Davis Drive – East of Jenks Road

11,814 (2002)

Driveways on Westhigh Street: The Comprehensive Transportation Plan has Westhigh Street listed as a collector. This collector will have traffic volumes that are unsafe for driveways.

Olde Salem Addition (60 units) not included in traffic study. The Olde Salem Phase 2A & 2B was approved in April 2002. The proposed 59 dwelling units did not require a traffic impact study. This addition was not included in the background traffic as a separate development. This study did include a 3.5% annual growth rate to account for other development in the area.

Projected Trips

AM

PM

59 Dwelling Units

44

60

to Cary Parkway

31

42

to Davis Drive

13

18

This traffic increase will increase the growth in background traffic to:

Cary Parkway @ Westhigh St.

Traffic Study

Plus Old Salem Addition

AM Peak

21.0%

22.3%

PM Peak

21.0%

22.6%

 

Since this traffic is not generated by Bishops Gate PUD, it will not change the mitigation required for the PUD.

Timing of Traffic counts in the Bishops Gate PUD TIA. The timing of traffic counts is determined when the request for a TIA is received (5/17/02). Traffic volume variation is created by many factors such as day of week, time of year, schools, shopping, and employment.

Cary Parkway

ADT

 

1/23/01

29,101

South of Waldo Rood Road

6/4/02

31,199

North of Chatham Street

Davis Drive

ADT

 

10/24/00

13,357

North of Park Village

10/1/01

15,385

South of Waldo Rood Road

6/5/02

12,358

North of Park Village

 

 

ENVIRONMENTAL CONSIDERATIONS

The Bishops Gate PUD has addressed all of the requirements of the Town of Cary Stormwater Section. The final draft of the PUD document will clearly state that all impacts to riparian buffers will follow current Division of Water Quality and Town of Cary rules.

 

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%

50

Middle

7,596

6,456

117.7%

26

High

5,629

5,100

110.4%

36

Total for all Area Schools

28,134

24,683

114%

112

Preschool

59

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

 

ADJACENT ZONING AND LAND USES

 

Zoning:

Land Use:

North:

Residential-12
Residential-30 Planned Unit Development

Giverney Subdivision
MacArthur PUD

South:

Residential-10 Conditional Use
Residential-40

Residential
Residential

East:

Residential-10 Conditional Use

Agricultural

West:

Wake County Residential

Residential
Davis Drive

 

TOWN OF CARY FUTURE LAND USE PLAN DATA

 

CURRENT

PROPOSED

Plan Designation:

Low Density Residential (1-3 units per acre)

Parts medium density residential (3-8 units per acre), parts high density residential (8 or more units per acre) parts open space.

(Gross density 3.3 3.1units per acre)

Alternate Designation:

None

Parts office and institutional

Activity Center:

None

No Change

 

COMPREHENSIVE PLAN ANALYSIS

LAND USE PLAN AMENDMENT HISTORY: None

COMPLIANCE WITH THE TOWN OF CARY COMPREHENSIVE PLAN -

 

Suitability of Proposed Land Uses: The Land Use Plan recommends the entire 83.02 acre project area be low density, detached, single-family residential uses, with a density of 1 to 3 dwellings per acre and an average minimum lot size of about 12,000 sq. ft. The Plan further shows the nearest activity center (a NAC) to be more than a mile away.

The proposed rezoning includes the following breakdown of uses:

Use Acreage % of Site

Detached Residential 32.69 39.4

Attached Residential 14.73 17.7

Office 3.15 3.8

Church 8.34 10.0

Collector Street 1.86 2.3

Open Space 22.25 26.8

TOTAL 83.02 100.0

Proposed Attached Residential Uses: Two areas are proposed for attached residential uses - AR-1, nearest the CSX railroad line (immediately adjacent to the proposed church), and AR-2, on the south side of West High St (extended) nearest the existing pond (to remain). Housing types permitted will be single family detached, single family attached, patio homes, zero lot line homes and townhomes. These AR sites each have a maximum proposed density of 7 du/acre, with total maximum dwelling units of 68 and 35 units, over 9.74 and 4.99 acres, respectively. The PUD document justifies moderately high density in this location due to the site's location against the CSX rail line (which is envisioned in the NW Area Plan to provide transit commuter service between Apex, Durham and RTP). To protect these homes from impacts of the rail line, a 40' railscape is proposed with a minimum 6' berm planted to a Type B buffer, two times the evergreen plant material required in a Type B buffer will be provided, and no residence will be located directly adjacent to the buffer (a local residential street will be adjacent to the homes). No attached residential uses are proposed adjacent to the existing Giverny Subdivision.

Although the individual AR parcels each exceed the maximum of 3 du/ac density recommended in the Land Use Plan, clustering these units allows the overall density of the entire PUD to reach only 2.46 du/ac, with a significant amount of open space proposed to be preserved on-site. The overall residential density of the PUD therefore complies with the intent of the Land Use Plan. However, the proposed housing types (in particular the attached units, zero lot line homes, townhomes and patio homes) are not consistent with allowed uses in a LDR land use designation. These uses belong in the Medium Density Residential designation, where densities range from 3 to 8 du/ac and duplexes and triplexes are also typically allowed. To allow such uses, the Land Use Plan would require amendment in these AR areas to a MDR designation.

Staff supports the proposed amendment to the Land Use Plan to allow MDR in the two AR areas as proposed for the following reasons:

  • The overall residential density of the entire project site would remain within the 1-3 du/ac required under the LUP.
  • Providing higher density near a potential future transit corridor could be beneficial to mitigating traffic congestion, if a transit stop were to be constructed nearby (this is an unknown at this time, however).
  • The proposed project may expand the stock of lower-cost housing in Cary through the development of higher density housing types. The proposed attached housing types have a higher density than typical detached homes, and thus they typically result in more affordable housing than typical single family homes. This project therefore would be consistent with the goals of the adopted Cary Affordable Housing Plan.

Street/Bicycle/Pedestrian Connectivity:

Bicycle travel will be accommodated through the use of striped bicycle lanes along West High Street from Cary Parkway to Davis Drive. The street cross section of West High Street will be 35-38 feet back to back to accommodate the lanes. It should be noted that the street width would increase at the intersection with Davis Drive to accommodate a left turn lane.

Pedestrian travel will be accommodated by sidewalks on both sides of West High Street on the subject property and on the south side of the street off-site to connect to Cary Parkway. There are also sidewalks proposed on both sides of internal streets except for cul-de-sacs.

Street Connectivity: Staff recommends access to the church from West High Street be achieved with a driveway constructed directly across from the western portion of the AR-2 access road furthest west. This will create a four-way intersection on West High Street and provide interior access to the church for residents within the PUD and vehicles driving on West High Street. While this issue can be addressed with subsequent site plan submittal, staff wanted to make the applicant aware of this issue as they develop plans for the project.

 

 

OPEN SPACE CONSIDERATIONS

The Marks, Lynch, and Brock properties contain total forest cover in the proposed area. The lower Howell tract is forested east of the pond. Significant resources identified within the proposed area, as denoted in the Open Space and Historic Resources Plan, include mixed upland hardwoods and riparian forests associated with the streams.

 

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

  1. Staff recommends approval of the proposed multipurpose trail along the north side of West High Street from Davis Drive to Cary Parkway.
  2. A payment-in-lieu will be due for the value of 5.83 acres (for 204 units).

* The Parks, Recreation and Cultural Resources Advisory Board reviewed the Bishop's Gate PUD during its October meeting and voted unanimously in favor of accepting staff’s recommendation to provide pedestrian access that would link Bishop's Gate to Bond Park as well as to the Town's proposed trail system (White Oak Creek Greenway, etc.) to be located west of Davis Drive.

STAFF ANALYSIS

Changes Since Public Hearing:

1) Minimum lot size against Giverny in the SF-1 tract has been increased from 7,700 square feet to 11,000 square feet.

2) Densities have been reduced in single family detached parcels (SF-1, 2 and 3) to 3.1 du/ac (from 3.5 du/ac) and attached residential parcels (AR-1 and 2) to 7 du/ac (from 9 du/ac). The resulting project density is now 2.46 du/ac (from 2.88 du/ac) with 204 total dwelling units (previously 239 units).

3) The church site has now been guaranteed to be a church with no alternative residential use.

4) A 60’ landscape buffer strip (increased from 30’) has been provided within the church parcel against existing Giverny lots.

5) An additional homeowner recreation site consisting of .17 acres has been added to the SF-1 parcel.

6) The applicant has agreed to remove the proposed office use for the pod at the southeast side of the intersection of West High Street and Davis Drive.

7) West High Street shall be built as a 35’ – 38’ roadway section in a 60’ right-of-way that includes a 4’ striped bike lane in each direction; A standard 5’ Town of Cary sidewalk shall be built on the south side of West High Street from Davis Drive to Cary Parkway; and in place of the greenway trails that were to be located within the stream buffer, a 10’ asphalt multi-purpose trail shall now be built along the north side of West High Street from Davis Drive to Cary Parkway with the cost difference between a 5’ concrete sidewalk and 10’ asphalt path, as well as any other related costs due to this additional width, offset by the required recreation fees for the project. Portions of the trail outside of the 60’ right-of-way will be located in a greenway easement. We will still reserve the opportunity to request trail locations in the stream buffers at a later date, but will go through the standard Town of Cary process already in place to make this request.

8) The buffer adjacent to the railroad will exceed Town standards by using a combination of existing mature vegetation, berming (approximately 6 feet), and supplemental new vegetation.

Protest Petition Information:

Valid (within100 ft) [x] Invalid (not within 100 ft) [ ] None Filed [ ]

Analysis:

There were a number of concerns raised at the public hearing. The applicant has worked closely with staff to address these concerns and a number of changes/conditions have been added since to this case since the public hearing.

A number of traffic related concerns were brought up at the Public Hearing. The individual analysis of the various intersections and street connections can be found earlier in this report. There are no recommended improvements to be made by the Town to correct current deficiencies, or deficiencies expected without site traffic in the 2008 No-Build scenario. The recommended improvements to be made to mitigate site traffic impacts specifically are to widen the existing West High Street approach at Cary Parkway to include separate right and left-turning lanes with appropriate pavement delineation and at least 150 feet of turning bay storage. Also, to mitigate impacts at the Cary Parkway / Old Apex Road intersection, the left-turn phasing for eastbound Old Apex Road should be changed to allow permitted turns in addition to the protected phase. However, overall this development will provide another connection from Cary Parkway to Davis Drive and will benefit the traffic system.

There was some concern raised with respect to soil contamination on the Howell property. This contamination was caused by fuel leakage when this property was used for farming and vehicles were fueled on-site. The applicant has provided information to the Town with respect to this contamination. The spillage has been monitored since 1997. Withers and Ravenel completed a Corrective Action Plan in 1997, which was approved by NC Department of Environment and Natural Resources. In 1998 changes were made with respect to cleanup for leaking tanks. The risk based corrective action guidance does not require long term assessment or remediation of sites where relatively low or moderate levels of contamination are present and where sites are served by municipal water. In summary, fuel contamination could be a problem where water supply wells are used. However, in this case no negative impact should occur because the property in question will be serviced by public water. The one surrounding property (Evans) which currently uses a well will continue to be monitored on a semi-annual basis until the residence is connected to municipal water.

Other concerns involving other areas of concern including land use, density and buffers have been addressed with the additional conditions added to this case.

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

Pros:

  • The total number of dwelling units has been decreased from 239 to 204
  • This request will meet the Town of Cary utility requirements.
  • This request meets the stormwater requirements.
  • This development will provide another connection from Cary Parkway to Davis Drive, which is a benefit to the Town’s overall traffic system.
  • The church site has now been guaranteed to be a church with no alternative uses proposed.
  • The office use pod has been removed.
  • Buffers have been enhanced adjacent to the railroad and at the church parcel adjacent to Giverny.
  • Pedestrian access has been provided.
  • Project can be supported for a land use amendment change.

Cons:

  • Valid protest petition on this case.
  • A driveway access to the church site from West High Street constructed across from the western portion of the AR-2 access road is needed.

 

STAFF RECOMMENDATION

Staff recommends approval provided that the applicant agrees to provide the driveway access to the church site from West High Street as proposed.

 

 

PLANNING AND ZONING BOARD RECOMMENDATION

Board voted (7-2) to forward to Council for approval with conditions with Mr. Yerha and Mr. Hyatt having the dissenting votes.

 

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