Barbara Todd

Elam Todd D’Ambrosi

2601 Weston Parkway,

Suite 203

Cary, NC 27513

678-1071

Fax: 678-1290

Ferrell Investments, LLC

1200 Morrisville-Carpenter Road

Village Core

1. All commercial and office areas will be developed to a unified architectural theme and will be architecturally compatible in building materials and colors within the Village Core. With the first development plan for the village core, a conceptual Master Plan will be submitted.
2. No interior buffers will be required in the Village Core and Village Office as they are planned as a total unit.

General

1. A conceptual Master Plan will be submitted for each parcel where uses other than single-family detached are proposed.
2. In neighborhoods where there are no trees, a streetscape planting scheme shall be implemented with one 2 ½" caliper shade tree (minimum) every 60’, or as is appropriate.
3. In undisturbed buffers located next to the exterior boundary of the PUD where the parcel use is other than single-family residential, additional plantings shall be planted if the natural vegetation is inadequate.
4. Decorative pavement consisting of stamped concrete, brick, concrete pavers or other material acceptable to the Town Engineer may be installed in public streets within the PUD. Maintenance of the decorative pavement will be the responsibility of the Homeowners Association.
5. On-site soils investigations will be performed as it relates to infrastructure and building foundations. These investigations will occur as each parcel is designed for development.
6. Non-collector streets may have horizontal curves that are less than Town of Cary standards in order to provide to a non-curvilinear street pattern. The developer will work with the Town Engineer to ensure safe and efficient streets.
7. Acreage will be dedicated for a Town Park. This acreage is contiguous to the existing Town park land in Preston Village. Please see Open Space map for configuration and location.

The majority of the land in Carpenter Village PUD north of Morrisville-Carpenter Road was designated as PEC (Planned Employment Center) in the original PUD approval in 1995. Because of the change in market conditions, the owner proposes to re-designate the western portion of the PEC land to Medium Density Residential, ranging in density from 3-8 units per acre. None of the uses south of Morrisville-Carpenter are included in this proposed amendment.

Per information received 12/4/02:

Approved - 77.22 acres, 800,000 square feet of buildings

Proposed – 38.76 acres, 400,000 square feet of buildings (50% of approved).

Approved – 18.75 acres noted as VO-1 and VO-2, 294,000 square feet of buildings.

Proposed – 16.34 acres, 255,780 square feet of buildings (87% of approved).

Total housing units added with the proposed amendment:

Parcel M – 24.50 acres, 3-8 dwelling units per acre, 73-196 total units.

Parcel N – 13.96 acres, 3-9 dwelling units per acre, 42-126 total units.

Parcel O – 19.45 acres, 3-8 dwelling units per acre, 58-155 total units* or to remain as currently approved PEC

Total proposed units for Parcels M, N & O, 173-477

Parcel L – 6.79 acres, allow to stay as Multi-family 170 units, or to develop as O&I.

96-REZ-02, PUD amendment

The project will be required to address the nitrogen removal requirements of the Town of Cary. According to the information available to me there are riparian buffers shown on this property.

The PUD was granted vested rights from the riparian buffer rules by the Division of Water Quality for Parcels M, N and O. The applicant plans to honor these and has agreed to show the riparian buffers on the Master Plan with the explanations of how these riparian buffers were established and how the impacts to the riparian buffer will be addressed.

With these delineated buffers the project meets all of the requirements of the Stormwater section of the Engineering Department.

58

34.7%

9.8%

17.3%

Single family residences

Residential 30 Planned Unit Development

Residential 30

Office/Industrial or Medium Density Residential (MDR)

(from the NW Cary Area Plan)

No Change

(since proposed use is Medium Density Resid. for parcels M, N, and either Medium Density Residential or Office/Industrial for parcel O)

The request may require a cosmetic amendment to add a label such as "or Office/Institutional" on top of the parcel. No substantive amendment is required.

Adjacent to the Neighborhood Activity Center at Carpenter Village, but not within it.

In the area of parcels M, N, and O: The Northwest Cary Area Plan, adopted on Sept. 12, 2002, reclassified this area from a future land use designation of only Office and Light Industrial to a designation of either Office or Light Industrial or Medium Density Residential (3-8 units/acre). Prior to that, a Land Use Plan Amendment was approved for the last Carpenter Village PUD Extension (01-REZ-17).

In the area of parcel L: The Land Use Plan was amended for Parcel L and for the adjacent parcels J and K on Dec. 13, 2001 (01-LPA-13, with 01-REZ-17). The amendment changed the recommendations for parcels L, J and K from Low Density Residential to: Office/Institutional for parcel J (to accommodate a school site), Commercial for parcel K, and High Density Residential for parcel L.

The residential uses proposed by this application for parcels M and N, and the alternate residential use requested for parcel O, are both consistent with the recommendations of the Northwest Cary Area Plan for this area.

The alternate O&I uses requested for parcel L are supported under the Neighborhood Activity Center designation that exists around the future intersections of the Morrisville Parkway with Louis Stephens Drive and Carpenter Upchurch Road. If parcel L were developed as O&I, there would still be ample high- and medium-density residential housing within the activity center, provided by the 22.4 remaining acres within the activity center that are already zoned for multifamily residential. In any event, the applicant’s letter of April 10, 2003, restricts the O&I uses to ones that are primarily of an institutional nature and which are traditionally considered appropriate within areas designated as residential.

(Specifically, the possible O&I uses have been restricted by the applicant to: school, college, library, museum, life care community, nursing home, post office, public safety station, bank, park, and recreation center.)

Pedestrian and Multi-Use Paths:

A) The applicant has indicated that "sidewalks will be provided on both sides of all streets, in keeping with the existing streets in Carpenter Village." The applicant has indicated to staff that they will be providing dual sidewalks on the north-south collector, as stipulated in the original PUD approval. For the east-west collector (i.e., the Sowter Drive/ Airport Blvd. extension), they are proposing a sidewalk on the north side of the collector and a 10-ft. multi-use path on the south side of the collector.

• Staff feels the applicant’s proposed pedestrian network is acceptable.

Pedestrian Crossings:

1. In a letter dated March 3, 2003, the applicant provided a diagram indicating how pedestrians will safely cross Morrisville Carpenter Rd. at two locations to access activities on the south side of the development. The applicant has agreed to provide sidewalk median cuts, along with handicap-accessible ramps for at-grade crossing at the main entrance and the intersection directly west of the main entrance along Morrisville Carpenter Rd. A future traffic signal and two 10’ wide pedestrian crosswalks will also be provided at the development’s main entrance along Morrisville Carpenter Rd.

• Staff feels the applicant’s proposed pedestrian crossings are acceptable.

Bicycle:

1. The applicant has indicated to staff that they will accommodate bicycle travel on the east-west collector (i.e., the Sowter Drive/Airport Blvd. extension) via the use of a striped bicycle lane to support on-street cycling, as well as provision of an off-road parallel multi-use path. On the north-south collector, the applicant proposes that no parking be allowed, so that bicycles will have adequate on-road space to travel within this 35-foot back-to-back roadway.

• Staff feels the applicant’s proposed bicycle network is acceptable.

1. The proposal includes a north-south collector street and an east-west collector street. Both streets are part of the Cary Comprehensive Transportation Plan, and the PUD application corresponds to the pavement and right-of-way widths recommended for those streets.

Connectivity is required by the Town’s connectivity ordinance. The applicant has agreed that a road stub will be provided between Tract M and the undeveloped tract to the west, and that the stub location will be provided and set during subdivision approval. (See letters from applicant dated March 3 and February 4, 2003.) The applicant also clarified that the North-South collector will be located to connect to a street stub provided by the recently-approved Morrisville subdivision to the north of tract EP-2. These two connections will assist the applicant in complying with the Town's connectivity ordinance, and should be reflected in the final rezoning conditions.

External transportation connectivity will be required under the Town’s connectivity ordinance. The main concern is the timing of the creation of the collector street system for this area of Town. The collector street system, which includes the north-south and east-west collector streets, is important to the Town's ability to manage development and growth in the Northwest Sector.

The applicant has proposed the road stub between Parcel M and the property to the west be completed as Parcel M develops. The applicant has also proposed the east-west collector road connection to Sowter Drive be completed in one of two ways:

1. The owner/developer shall dedicate the necessary right-of-way for the Sowter Drive extension within 90 days of a request by the Town of Cary. The Town of Cary will grant permission to cross the right-of-way for farm activities prior to the roadway construction.
2. If Parcel O or Ep-2 develops before the Town is ready to build the road, the east-west collector will be completed as part of the development, or as required by the Town’s Adequate Public Facilities Ordinance.

The north-south collector road will be constructed as development occurs on tract EP-2 or as required by the Town’s Adequate Public Facilities Ordinance.

• Staff has reviewed the proposed external connectivity connections and their timing and finds them acceptable.

Access:

The applicant should add a condition that states all access to State maintained streets will be subject to NCDOT approval.

In addition, the tract contains important viewshed contours for the Carpenter Historic District, as determined from the historic landscape analysis conducted for the Open Space and Historic Resources Plan.

Staff has suggested that the house be retained in its present location, and refurbished or enhanced for use as a community amenity, linking the new development of Carpenter Village with its historic roots in Carpenter. The house was inspected by restoration specialists from the State Historic Preservation Office and found to be in suitable condition for adaptive renovation and re-use.

The National Register Historic District for Carpenter does not prevent demolition of historic properties, and the Town of Cary does not have a historic zoning district or any other regulations that require the preservation of the house. The PUD applicant is under no legal obligation to retain the Barbee-Williams farmhouse, and staff appreciates the applicant’s willingness to explore alternatives to demolition.

Nonetheless, despite several discussions with both the applicant and historic preservation experts, staff could not reach agreement with the applicant on the disposition of the Barbee-Williams House. Staff contends that the Barbee-Williams house can be kept on-site, marketed and sold as a historic property, renovated to National Register standards, and adapted to another use. Much of the home’s historic value will be lost if the home is removed from its historic location.

Staff’s recommendation and the applicant’s counterproposal follow:

1. Staff recommends that applicant grant a period of one year to allow Capital Area Preservation, Inc. to find a suitable buyer/investor to rehabilitate the Barbee-Williams house and adapt it to an on-site use. The house would be restored to prescribed standards of the National Register and the State Historic Preservation Office for eligibility for rehabilitation tax credits. The applicant will specify its preferences for the exterior appearance of the house, such as paint color and landscaping, so long as these preferences adhere to prescribed rehabilitation standards. The applicant will specify the end-use of the restored structure.
2. Applicant proposes to allow Capital Area Preservation or another non-profit historic preservation group a 10-month period to find a buyer for the house for relocation in another location. Applicant will contribute $8,500 toward the cost of the move. If no buyer is found within the 10 month time period, the applicant will request that Town of Cary accept dedication of the house and move it to an off-site location, with applicant contributing $8,500 toward the cost of the move.

Staff has recommended that multi-use trails be built along one side of both the east-west collector and north-south collector. This would provide pedestrian access to proposed neighborhood parks that were recommended in the Northwest Cary Area Plan within both the Carpenter area as well as a proposed park site east of Davis Drive. These multi-use trails would ultimately link with the series of greenways that the Northwest Plan proposed to originate from the Carpenter area and extend to the American Tobacco Trail. The applicant has agreed to construct a multi-use trail only along the east-west collector. Staff still believes that development of multi-use trails along both collectors will substantially increase pedestrian access for this area.

The Parks, Recreation and Cultural Resources Advisory Board reviewed the Carpenter Village PUD Amendment during its March meeting and voted unanimously to accept staff recommendations.

This request was first heard at a Public Hearing on January 9, 2003. At that time the following request was made:

• Parcel M – 24.50 acres, 3-8 dwelling units per acre, 73-196 total units.

• Parcel N – 13.96 acres, 3-9 dwelling units per acre, 42-126 total units.

Two additional amendments were desired by the applicant, and a second public hearing was held on April 10,2003. The two additional amendments are as follows:

• Parcel O – 19.45 acres, 3-8 dwelling units per acre, 58-155 total units* or to remain as currently approved PEC

Total proposed units for Parcels M, N & O, 173-477

• Parcel L – 6.79 acres, allow to stay as Multi-family 170 units, or to develop as O&I. If developed as O&I the uses will be limited to the following: school, college, library, museum, life care community, nursing home, post office, public safety station, bank, park, and recreation center.

There were no comments made in opposition to this proposal at either public hearing.

Valid [ ] Invalid [ x ] None Filed [ ]

The applicant and staff met on numerous occasions to discuss this rezoning proposal. The main points of discussion centered around the riparian buffers, pedestrian access and connections, road connectivity, and the historic house located on the site.

The PUD was granted vested rights from the riparian buffer rules by the Division of Water Quality for Parcels M, N and O. The applicant plans to honor these and has agreed to show the riparian buffers on the Master Plan with the explanations of how these riparian buffers were established and how the impacts to the riparian buffer will be addressed.

Connectivity is required by the Town’s connectivity ordinance. The applicant has agreed that a road stub will be provided between Tract M and the undeveloped tract to the west, and that the stub location will be provided and set during subdivision approval. The applicant also clarified that the North-South collector will be located to connect to a street stub provided by the recently-approved Morrisville subdivision to the north of tract EP-2.

The applicant has proposed the road stub between Parcel M and the property to the west be completed as Parcel M develops. The applicant has also proposed the east-west collector road connection to Sowter Drive be completed in one of two ways:

1. The owner/developer shall dedicate the necessary right-of-way for the Sowter Drive extension within 90 days of a request by the Town of Cary. The Town of Cary will grant permission to cross the right-of-way for farm activities prior to the roadway construction.

2. If Parcel O or Ep-2 develops before the Town is ready to build the road, the east-west collector will be completed as part of the development, or as required by the Town’s Adequate Public Facilities Ordinance.

The north-south collector road will be constructed as development occurs on tract EP-2 or as required by the Town’s Adequate Public Facilities Ordinance. Staff has reviewed the proposed external connectivity connections and their timing and finds them acceptable. Staff also has reviewed the applicant’s proposed pedestrian network and crossings and finds them acceptable.

With respect to the historic house, the applicant proposes to allow Capital Area Preservation or another non-profit historic preservation group a 10-month period to find a buyer for the house for relocation in another location. Applicant will contribute $8,500 toward the cost of the move. If no buyer is found within the 10 month time period, the applicant will request that Town of Cary accept dedication of the house and move it to an off-site location, with applicant contributing $8,500 toward the cost of the move.

Staff’s recommendation for the historic house is as follows: Staff recommends that applicant grant a period of one year to allow Capital Area Preservation, Inc. to find a suitable buyer/investor to rehabilitate the Barbee-Williams house and adapt it to an on-site use. The house would be restored to prescribed standards of the National Register and the State Historic Preservation Office for eligibility for rehabilitation tax credits. The applicant will specify its preferences for the exterior appearance of the house, such as paint color and landscaping, so long as these preferences adhere to prescribed rehabilitation standards. The applicant will specify the end-use of the restored structure.

• Proposed land use change will generate a decrease in the number of trips from the approved PUD.

• Although there are vested rights for riparian buffers on Parcels M, N and O, the applicant will minimize the encroachment into these buffers.

• Potential loss of a historic structure.

Don Hyatt made a motion to forward to Council just parcels M, N and O for denial and approval for parcel L, which was seconded by Carla Sadtler, and the Board voted 7 to 2 against this motion. Motion failed. Dissenting voters were Ervin Portman, Steve Goodridge, Christy Perrin, Ed Yerha, Paul Broderick, Wally Dawson, and William Lyke.

Christy Perrin motioned to forward to Council for approval as with staff’s recommendation for the historic structure. Paul Broderick seconded the motion, and the Board voted 7 to 2 in favor of the motion. Motion passed. Dissenting voters were Carla Sadtler and Don Hyatt