Lowe’s Home Center, Inc.

Hwy 268 East, East Dock

North Wilkesboro, NC 28659

Phone: (336) 658-4463

Fax: (336) 658-2616

McGuire Woods, LLC/Pat Shelley

7 St. Paul Street, Suite 1000

Baltimore, MD 21202

Phone: (410) 659-4413

Harry Stephenson

104 Prestwick Place

Cary, NC 27511

AND

George H. Jordan, III

155 West Chatham Street

December 12, 2002 (continued to January 23)

March 17, 2003 (additional public hearing)

Conditional use by excluding the following:

Billboards

Bottling Works

Nursing Homes

Tire recapping

Manufacturing

Bus stations

Satellite dish antennas

Radio and television transmission towers

Proposed Use Description:

1. Parcel is proposed to be developed as a neighborhood retail center for goods and services. The center would consist of a primary retail user or "anchor store" and adjoining condominium stores that will be sold to individual owners. In addition to the retail center there may be some outparcels. One of the outparcels is proposed to be located at the intersection of Maynard Road and NC Highway 54. The use is proposed as an automotive service station. In order to enhance this use, tree planting shall be provided inside the property line around the outparcel and orientation of the building and pumps shall be done so that the pumps will not be on the street side.

All of the retail center’s exterior features and outparcel buildings shall conform to the same architectural style. This architecture shall be in keeping with Cary’s emphasis of the community town.

2. Access Points: In order to allow future signalization and adequate traffic movement at the intersection of Maynard Road and NC Highway 54, the main access point to the center off Maynard Road would align with Evans Road. Also, access to the center on NC Highway 54 would be a minimum distance of 400 feet from the intersection of NC Highway 54 and Maynard Road.

Landscaping: Tree planting along the rear of the property will be provided to buffer the adjoining property owners. This planting will be adequate so as to occupy 75% of the vertical plan of view. Interior tree planting shall be provided to visually modify parking areas by having islands with a minimum of 300 square feet of landscaped area for every twenty-(20) spaces. This is a 50% increase over the Town’s code requirements for island planting.

To be developed as Lowe’s Home Improvement Center and sit-down restaurant.

1. Gates will be installed at Garden Center side and lumberyard side to prevent truck traffic circulation after hours. This will be subject to approval by the Fire Marshall and Police Department. See concept Plan for locations

2. Install culvert under main signalized entrance drive for a pedestrian underpass as part of the greenway installation if allowed by the Town of Cary.

3. The architecture will be four-sided. Architectural renderings as submitted will be constructed.

4. Outparcel will be utilized as a sit down restaurant. No drive-through restaurant is permitted. Restaurant architecture will be similar/compatible with the Lowe’s building.

5. The detention pond will have an 8-foot decorative fence.

6. A landscaping/plantings on the Concept Plan will be submitted as part of the PUD approval.

7. Along the eastern property boundary adjacent to the Buckhurst neighborhood (see Concept Plan), the following plant material will be installed:

A double staggered row of evergreen trees such as cypress, cedar, and/or holly will be installed between the parking area and the homes in Buckhurst. The plants shall be spaced a minimum of 10 feet on center and shall be a minimum of 8 feet in height at installation. In addition + 100 loblolly pines at a minimum height of 4 feet will be planted on the disturbed slopes adjacent to the parking area to provide future evergreen canopy.

8. A site lighting plan will be part of the PUD approval. Standards will include but not be limited to:

 Poles will be a maximum height of 18 feet or will comply with the Town of Cary requirements, whichever is most restrictive.

 One hour after closing only lights designated as NL (night light) will remain on for security purposes.

 Shoebox fixtures will be used. Shields can be utilized if needed to eliminate light spillover.

9. There will be one architectural feature at the corner of the site.

10. Buffers and streetscapes will be provided as shown on the concept plan.

11. There will be no outdoor storage.

12. Outside sales will be limited to those areas indicated on the plan, generally in front of the garden center.

13. Storage height will be limited to 20 feet in the garden center area.

14. No exterior audible beepers/intercoms will be utilized provided there is no OSHAA violation. Battery powered forklifts can be utilized in lieu of propane powered lifts in an effort to reduce noise.

15. The greenway/sidewalk system will be installed as shown on the concept plan.

The following conditions added 4/21/03:

16. For the restaurant site, there will only be parking on one side adjacent to the road, either the Maynard Road side or the Chapel Hill Road side (refer to Concept Plan).

17.The applicant will strengthen the overall design of the right and back elevations of the home improvement store with additional horizontal and vertical elements like those used on the front (refer to building elevations).

18.The applicant will include a mural(s) or other similar feature(s) along the back of the home improvement store in the areas shown to be brick where typically would be windows along the entrance to a building. Scenes could include typical views into the store via a window etc. The actual solution will be determined at time of site plan approval.

19.As shown on the renderings, the decorative lighting will be incorporated into the site plan.

20. A public art easement at the intersection of Chapel Hill.

 

PIN 0764091511613 was rezoned from R30 to B2CU in Case Z-391-86-1. Conditions were imposed.

A Traffic Impact Study was prepared by the Town of Cary traffic consultant Sear-Brown dated October 2002.

The overall conclusion of this study as summarized below is that "…this development will not degrade operations at the NW Maynard Road traffic signal controlled intersections of James Jackson Road, Chapel Hill Road, and Evans Road assuming the completion of the NW Maynard Road improvements. Overall, Level of Service ‘C’ or better is anticipated at these intersections."

Regardless of the use located on this particular property, the safe movement of pedestrians, bicyclists, and motorists in this general vicinity must be considered due to the mix of uses in this area, including parks, two schools, several churches, greenways, and other uses. This issue has been raised during public debate on this rezoning request. Thus, the Town’s transportation consultant, Sear-Brown, has been commissioned to conduct a special study to assess pedestrian links.

In response to the key question of at-grade vs. grade-separated road crossing(s), this study recommends use of an at-grade, uncontrolled pedestrian crossing (with a staggered crosswalk configuration) on NW Maynard instead of a grade-separated bridge or tunnel connection.

Pedestrian Links

Other key findings include the following:

• Maintain and enhance current intersection crosswalks and pedestrian signal treatments at the Evans Road and Chapel Hill Road intersections.
• Consider posting of a reduced School Speed Zone along NW Maynard Road.
• Encourage pedestrian and bicycle amenities be incorporated in the Evans Road reconstruction project.
• Construct an at-grade uncontrolled crossing at the Godbold Park entrance.
• Monitor conditions (volume and safety) at the crossing to determine if additional supplemental treatments may be required to improve crossing visibility.
• Continue with the construction of Black Creek Greenway Trail and other pedestrian links to enhance the local network.
• Include trail-blazing signs at the Black Creek Greenway Trail to channel users to the safe crossing location.
• Include trail-blazing signs on the Godbold Park property to channel users to the safe crossing location.

• Maintain and enhance current at-grade school crossing at Northwoods Elementary School.
• Monitor at-grade crossing to determine if additional supplemental treatments may enhance this crossing (similar to those treatments documented for NW Maynard Road crossing).
• Encourage the provision of a sidewalk system or trail along the northeast side of Chapel Hill Road.
• Further study should be undertaken of the appropriate crossing of Black Creek Greenway Trail.
• At a minimum, the Black Creek Greenway Trail should have an at-grade crossing at the Chapel Hill/ NW Maynard Road intersection.

• NCDOT’s Greenways Policy and revised Pedestrian Policy should be reviewed for potential funding assistance. These policies provide opportunities for greenway crossings and sidewalks as incidental features of highway projects, if certain conditions are met.
• North Carolina Bicycle Facilities Planning and Design Guidelines and companion videos should be consulted for assistance with public outreach and education associated with pedestrian and bicycle activities.
• The Basics of Bicycling curriculum should be encouraged at the local schools through an annual Safety Education program by the Police Department and Schools should be encouraged.
• Dissemination or enhancement of bicycling and walking maps should be considered.
• Consult the University of North Carolina Highway Safety Research Center (HSRC) – Education and Outreach programs for public outreach assistance.

The project will be required to address the Nitrogen Removal Ordinance of the Town of Cary. According to available information, there are stream buffers associated with the property.

Community Activity Center

1996 LAND USE PLAN AMENDMENT HISTORY: None.

The subject parcels are located within an area designated on the Land Use Plan as a neighborhood activity center (NAC) focused around the intersection of Chapel Hill Road and NW Maynard Road. The Land Use Plan offers guidelines as to what constitutes an appropriate amount of retail space within an NAC, and which types of retailers are envisioned. The key recommendations include:

• Total retail/commercial space should be in the range of about 50,000-100,000 square feet;
• The principal commercial establishment should be a supermarket/grocery store, of no more than about 50,000-60,000 sq. ft.;
• For retailers other than grocery stores, the largest building or tenant space should be no more than about 30,000 sq. ft.; and
• "Big box" retailers like home supply centers are to be avoided.

As part of the Land Development Ordinance (LDO) rewrite, there is a companion revision to the activity center guidelines contained in Chapter 6 of the Land Use Plan. The proposed revision keeps intact the vision and purpose of the NAC but modifies some of the guidelines. The proposed guidelines would accommodate "big box" retailers within NAC’s, provided that the NAC still contains a supermarket/grocery anchor, and that the total nonresidential space is "plus or minus 200,000 sq. ft.," with "roughly equal parts of commercial and office/institutional uses." Maximum building sizes are not given for supermarkets or big box retailers, as long as they meet the overall criteria.

This request for rezoning is accompanied by a Land Use Plan amendment for a Community Activity Center (CAC) in order to accommodate this proposed home improvement retailer. Like for NAC’s, the Land Use Plan offers guidelines as to what constitutes an appropriate amount of retail space within a CAC, and the types of retailers contemplated. For this next level of activity center, the key recommendations include:

• Total retail/commercial space should be in the range of about 150,000-250,000 square feet;
• Commercial establishments can include very large supermarkets/grocery stores, discount retailers, and movie theaters of about 50,000-100,000 sq. ft. in size;
• "Big box" uses like discount retailers (e.g., Wal-Mart and Target) are considered acceptable.

The proposed Land Use Plan revision that accompanies the LDO update modifies some of these guidelines. The proposed guidelines accommodate "big box" retailers within CAC’s, provided that the CAC still contains a supermarket/grocery anchor, and that the total nonresidential space is "plus or minus 500,000 sq. ft.," with "roughly equal parts of commercial and office/institutional uses." Again, maximum building sizes are not given for grocery stores or big box retailers, as long as they meet the overall criteria.

Therefore, in order for the subject rezoning to conform with the Land Use Plan, there are three possible alternatives that staff has evaluated:

1. Upgrade the Current NAC designation to a New CAC (Community Activity Center). The guidelines for a CAC will accommodate sufficient nonresidential space to accommodate the proposed Lowe’s Home Improvement Center. There is sufficient developable land at this location to support a Community Activity Center. Staff analysis indicates that a CAC at this location could support the Lowe’s Home Center, plus: (a) one supermarket-based neighborhood shopping center of about 50,000-100,000 sq. ft. total (likely it would be located in the northwest quadrant of the intersection, the only other quadrant with sufficient land area); (b) a reasonable amount of office/institutional space (100,000-200,000 sq. ft.); and (c) a reasonable amount of high- and medium-density residential space. However, there is insufficient space to accommodate a second "big box" user and still meet the basic expectations of a CAC.

The staff’s preferred approach is to change the NAC to a CAC. This will increase the ability of the town to control future "big box" development in this area, and to encourage the eventual provision of the other components of an activity center – such as higher-density housing, office/employment space, and a neighborhood grocery.

 

Further, to ensure plan compliance, staff recommends that such a Land Use Plan amendment also include a map note containing the following specific recommendations for the remaining quadrants of the activity center: (a) that no additional big box retailers of over 40,000-50,000 square feet should be included on the remaining quadrants; (b) that at least half the total floor space of the northwest and southwest quadrants (taken as a whole) should be for residential uses, and (c) that at least 25-50% of the total nonresidential space on the northwest and southwest quadrants (taken as a whole) should be office/institutional.

This option would restrict the uses and scale of the other properties in the remainder of the activity center. While these other property owners have not necessarily been involved with this rezoning case or this plan change, and may have concerns about the ramifications of such recommendations, such a designation would allow more development and a greater variety of land uses than would be permitted under today’s NAC designation for these properties. Therefore, these property owners’ investment-backed expectations have not necessarily been negatively impacted.

 

2. Remove the activity center designation. The subject site would then simply become a commercial center located outside of an activity center, and there would be no expectation that this intersection area would evolve as a mix of commercial, office/institutional and higher-density residential uses. Staff recommends against this approach.
3. Modify the rezoning. Staff has discussed this option with the applicant, but the applicant prefers to retain the proposed building size and either of the above two plan amendment options, noting the site and design improvements and minimal traffic differences from a smaller footprint. And even with less square footage, there is still debate whether this land use itself meets the guidelines for a neighborhood-scale center.

1. Most of the site is already zoned for commercial uses under the B-2 district, with the existing conditions allowing "a neighborhood retail center for goods and services." These conditions stipulate the presence of a primary anchor store, associated retail tenants, and outparcels (with an automotive service station on one of them). This proposal and new conditions provide more assurance about the type of development that could occur on this property.
2. Under this existing zoning, staff’s comparison suggests that nearly twice the number of peak-hour and average daily trips could occur if this land were developed as a typical shopping center as compared to the home improvement center and sit-down restaurant being proposed.
3. The application accommodates the extensions to the greenway system that is recommended to pass through the site. The applicant is working to accommodate reasonable pedestrian connections and crossings, and is incorporating an innovative pedestrian crossing under the main entrance drive along Maynard Road.
4. The application provides an alternative site design, building articulation, and facade and window treatments on all sides of the main building, so that all sides are finished and there is no "rear" to the building. This is in keeping with Cary’s design guidelines for such structures.

Pedestrian: Sidewalks are required along both the Maynard Road and Chapel Hill Road frontages.

Bicycle: The Town’s Transportation Plan designates Chapel Hill Road and Maynard Road to have wide outside lanes to facilitate bicycle travel.

Transportation Plan Element: Chapel Hill Road and Maynard Road are designated as thoroughfares on the Town's Comprehensive Transportation Plan. Chapel Hill Road is planned as a 4-lane roadway with landscaped median. Maynard Road, along the applicant's frontage, is planned for 6 lanes with a landscaped median.

The Stephenson parcel (Real ID 0067448) is identified as a high-priority infill open space because of the importance of obtaining a greenway easement for connectivity of the Black Creek Greenway and its adjacency to Godbold Park.

Two public hearings were held by Town Council and an additional hearing was conducted by the Planning & Zoning Board. Some of the issues raised during the public hearings and in other contacts from interested citizens include:

• Traffic, including congestion and truck traffic
• Pedestrian safety
• Compatibility of "big box" development in this location
• Noise
• Need for this type of use to serve residents
• Impact on nearby schools
• Adequacy of buffers
• Crime

The applicant has continued to work with surrounding property owners and staff to address a variety of concerns regarding this 5,600 square foot restaurant and 160,000 square foot home improvement store proposal. In response, numerous conditions that deal with such issues as lighting, outdoor storage, architectural features, noise, landscaping buffers, and streetscapes have been added since the Council’s public hearings. In addition, the building orientation has been altered to locate the home improvement store close to and parallel to Chapel Hill Road instead of to the rear of the site as originally submitted (where the majority of parking would be located in front of the building).

Valid [ ] Invalid [ ] None Filed [ X ]

Road improvements under construction and planned for this area can accommodate the traffic generated from this site as evidenced by the traffic impact study results. In response to the concern about the size of this primary use (approx. 160,000 sq. ft., including about 25,000 sq. ft. in the covered garden center), the applicant provided recent traffic counts at several of its prototypical stores throughout the state that illustrated no significant difference in total traffic in the 120,000 sq. ft. sales floor facility vs. 135,000 sq. ft. sales floors.

The safety of pedestrian and other non-motorized movement will also be taken into account. The applicant is willing to participate in a cost-sharing arrangement to facilitate improved pedestrian crossings near this site, and will locate the on-site greenway in a tunnel under this development’s main access drive off Maynard Road.

Peak traffic generation for this type of use will occur on Saturdays when the nearby middle and elementary schools are not in session. Location of a home improvement retailer in this part of Town will help relieve some traffic pressure on the Crossroads area where two home improvement stores are now located.

While the proposal does not conform to the current Land Use Plan designation for this vicinity as a Neighborhood Activity Center (NAC), changing the plan designation to a CAC (Community Activity Center) and adding plan language to limit the type of development on the other quadrants of the intersection will effectively render this activity center as a special or hybrid center (somewhere between an NAC and a CAC).

Doing so will provide this type of retail land use in another part of Cary, a need that has been expressed by many residents; recognize the nature of the existing conditions in this vicinity; and provide safeguards that the remainder of the area will not develop exclusively in retail or "big box" fashion. To support this position, staff notes that the area already has features and land uses more akin to a CAC, with over 25 acres of land already zoned commercial with no guarantee that it will develop in mixed-use fasion, two existing churches and another one under construction, a middle school (normally expected in community-scale centers), major roadways, railroad & industrial land uses to southwest, and a public park that includes special features like tennis courts and the Town’s only skateboard park (that are extensively lighted after dark).

Open space will be provided on the northern and eastern portions of this site in conjunction with the stream buffers that form the boundaries of this property. The primary reason for this site’s open space resource designation is the important greenway connection that will be provided across this property.

All utility issues have been adequately addressed.

The Engineering Department is satisfied that this proposal will be able to meet stormwater and water quality requirements of the Town.

The dedication of an easement and construction of a greenway through this property adjacent to Maynard Road has been agreed to by the applicant. This will form a key component of the Black Creek greenway system that will ultimately connect Godbold Park to Bond Park.

A significant change to the location of the building on the site as well as the architectural features such as arcades, façade articulation, varying heights, and a variety of materials and colors agreed to by the applicant go a long way to achieve the type of development envisioned in the Town’s Design Guidelines Manual. Notwithstanding these improvements, staff believes that additional work is still needed to achieve the highest level of design compliance if this use is placed in this location. In this regard, the applicant has agreed to the following:

1. reduce the parking on one road frontage adjacent to the restaurant,
2. strengthen the overall design of the right and back elevations of the home improvement store with additional horizontal and vertical elements like those used on the front,
3. addition of a mural(s) or other similar feature(s) along the back of the home improvement store where windows would normally be located,
4. as shown on the renderings, add a condition regarding incorporation of decorative lighting, and
5. provide for a public art easement at the Maynard and Chapel Hill Road intersection.

Extensive stream buffers, supplemental evergreen plantings adjacent to the Buckhurst neighborhood on the east, and protection of pockets of natural tree cover as part of the streetscapes for this project will help minimize external impacts of this proposed development.

The Police Department has researched incidents of crime for similar facilities within the Town of Cary and other surrounding communities, as well as motor vehicle accidents in proximity to such land uses. This indicates that the number of police calls anticipated to occur at a home improvement facility is similar to other commercial centers in town. Available information on reported crimes at a Lowe’s, Home Depot, Target, Kmart and Wal-Mart in Cary show that discount department stores (Target, Kmart, Wal-Mart) had 30 to 70 reported crimes per year, about four times higher than home improvement stores. On average, 10 to 15 reported crimes per year occur at home improvement stores. These reported crimes typically fall in the categories of credit card/ATM fraud, motor vehicle larceny, or shoplifting.

The number of motor vehicle accidents that have occurred around these store locations range from 1 to 2 accidents per 1000 population at "big box" sites with almost 3.5/1000 at Cary Towne Center.

Except for the outdoor display of goods for sale in designated areas as shown on the concept plan, outdoor storage is prohibited; this has been an issue at other similar businesses in Town and the applicant has agreed to limit such activities in response to staff concerns.

After an extensive evaluation of numerous planning, transportation, design, and other considerations, staff offers the following pros and cons concerning this rezoning and plan amendment request:

• Less traffic is generated by this proposed use as compared to an equivalent commercial shopping center use on this particular site.
• Provides for an important greenway trail and protects open space, buffers, and streetscape vegetation.
• Locates the buildings, especially the home improvement center, to address site orientation considerations favored by the Town’s Design Guidelines Manual.
• Adds considerable architectural design features, like four-sided architecture and façade variety.
• Precludes outdoor storage and display of retail goods except for garden center products in designated locations on the site.
• Includes conditions to minimize lighting and noise impacts on surrounding properties.
• Recognizes existing B-2 commercial zoning and strengthens the zoning conditions and requirements on this property.
• Provides for development of an annexed property that has remained undeveloped for many years to enhance the Town’s tax base.

• At a total of 160,000 square feet, the home improvement building does not meet the guidelines of the current land use plan, regardless of whether the area is designated a neighborhood or community activity center.
• A possible "lost opportunity" may occur if this land develops in this fashion and does not fully capitalize on the provision of neighborhood services, such as restaurants, a grocery store, and so forth, which would allow more people to access the site via the greenways, and providing services for adjacent neighborhoods within walking distance.
• Approval of this land use will likely put pressure on the northwest and southwest quadrants of this intersection for similar retail uses and associated traffic impacts.

In conclusion, staff recommends approval of this PUD amendment (02-REZ-19) with modifications to Condition #9 to ensure that a public art easement is dedicated to the Town, and addition of improved site and architectural treatments agreed to by the applicant as follows:

1. reduce the parking on one road frontage adjacent to the restaurant at the intersection,
2. further strengthen the overall design of the "right" and "back" elevations of the home improvement store with additional horizontal and vertical elements like those used on the front,
3. addition of a mural(s), windows, or other similar feature(s) along the back of the home improvement store to add greater interest from the street, and
4. as shown on the renderings, add a condition regarding incorporation of decorative lighting for the entire site.

Staff also recommends approval of the land use plan amendment (02-LPA-11) with the inclusion of the following plan amendment language for this activity center:

1. no additional retailers of over 40,000-50,000 square feet should be included on the remaining quadrants;
2. at least half the total floor space of the northwest and southwest quadrants (taken as a whole) should be for residential uses, and
3. at least 25-50% of the total nonresidential space on the northwest and southwest quadrants (taken as a whole) should be office/institutional.

Final motion (two previous motions failed): Motion by Paul Broderick to forward to Council for denial. Second by Steve Goodridge. Motion passed 5 to 4. Dissenting were Ervin Portman, Carla sadler, Wally Dawson and Don Hyatt.