TOWN OF CARY

TOWN OF CARY

REQUEST FOR REZONING/PLANNED UNIT DEVELOPMENT

TOWN COUNCIL IMPACT STATEMENT (April 10, 2003)

02-REZ-24 Millpond Village Planned Unit Development Amendment

Staff Contact:
Suzanne Prince, Senior Planner

(919) 462-3944

sprince@ci.cary.nc.us

PETITIONER		PROJECT CONTACT	PROPERTY OWNER
Development Engineering Tom Harrell 244 W. Millbrook Road Raleigh, NC 27609 Phone: 847-8300 Fax: 847-2130		Same as Petitioner	Sunset KPT Outparcels LLC 3434 Kildaire Farm Road Suite 200 Raleigh, NC 27606 Phone: 372-3000 Fax: 372-3250
LOCATION:	Northeast corner at intersection of Kildaire Farm Road and Ten Ten Road
MAPS:	Vicinity Map – Small Vicinity Map – Large Zoning Map Land Use Plan Map Stream Buffers Open Space Conceptual Plan

In Town Limits [X] Inside Cary ETJ [ ] Outside Cary ETJ [ ] Annexation Pending [ ]

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING:	January 23, 2003
PLANNING & ZONING BOARD:	~~February 24, 2003~~ (tabled) March 17, 2003
TOWN COUNCIL:	April 10, 2003

PARCEL INFORMATION
Parcel #	Realid #	Area
0761114408	0232405	4.01 acres

REZONING DATA
	CURRENT	PROPOSED
Zoning:	Business 2 Planned Unit Development (B2PUD)	Amend PUD approval to replace approved 24,628 square foot office building with 11,000 square foot retail building, and to amend parking plan accordingly.
Overlay District:	Swift Creek Watershed	Swift Creek Watershed
Land Use:	Vacant land/undeveloped	Retail uses

REZONING HISTORY

96-REZ-35 – rezoned from Residential 40 (R40) to Business 2 Conditional Use (B2CU), Office and Institutional (O&I), and Residential 12 (R12).

98-REZ-08 – rezoned from Business 2 Conditional Use (B2CU), Office and Institutional (O&I), and Residential 12 (R12) to Business 2 Planned Unit Development (B2PUD)

00-REZ-36 – PUD amendment

01-REZ-01 – PUD amendment

REZONING CONDITIONS

See Master Plan documents

PROPOSED

1. ~~An amendment to PIN 0761114408 from office use to retail use, with an appropriate change to the parking.~~

2. Retail stores limited to 11,000 square feet.

3. Offices limited to 24,628 square feet.

4. An earthen berm +/- 3 feet in height will be created along the north and east property lines for a distance of 200 feet towards Ten Ten Road from the back corner of the property and approximately 270 feet towards Kildaire Farm Road from the back corner of the property. The earthern berm will be increased to the maximum height possible.

5. The landscape plant material along the north and east property lines will be increased within the designated buffer areas. Within that buffer the shrub and tree material will be installed per the Type A buffer requirements for a distance of 200 feet towards Ten Ten Road from the back corner or the property and approximately 270 feet towards Kildaire Farm Road from the back corner of the property. All of the Type A buffer plant material will be an evergreen species. The shrubs are to be installed on top of the proposed earthen berm. The remainder of the buffer along the eastern property line towards Ten Ten Road of a distance of 115 feet is to be planted per the Type B buffer requirements.

6. The plated height of the evergreen shrub material in the Type A buffer will be 42" for one species type and 36" for another species type depending upon availability.

7. There will be an exception along the northern buffer. There is an existing 20 foot sanitary sewer easement that extends through this buffer. The earthen berm and plant material will be excluded within this easement.

8. A cross-access roadway/driveway stub be provided to the adjacent parcel to the east.

Items in Bold have been added since the public hearing.

SITE DATA

WATER/SEWER SERVICE

Analysis: The proposed development has access to Town of Cary water and sewer systems. Change of the approved use will not have adverse impact to TOC utility systems.

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

Land Use	ADT	AM Peak	PM Peak
24,600 sq.ft. Office	271	39	37
11,000 sq.ft. Retail	472	11	41
Difference	201	-28	4

ENVIRONMENTAL CONSIDERATIONS

The project is located in the Swift Creek Watershed and will be required to meet the reservoir watershed protection requirements of the Town of Cary. The project will be required to meet the nitrogen removal requirements of the Town of Cary.

Analysis: This project meets all the requirements of the Stormwater section of the Engineering Department.

ADJACENT ZONING AND LAND USES
	Zoning:	Land Use:
North:	Office and Institutional Conditional Use (O&ICU)	Animal Hospital
South:	Business 2 Conditional Use Planned Unit Development (B2CUPUD) Across Ten Ten Road, in Wake County ETJ	Walgreen’s pharmacy Across Ten Ten Road, single family residences
East:	In Wake County ETJ	Single family residences
West:	Across Kildaire Farm Road, Business 2 Conditional Use Planned Unit Development (B2CUPUD)	Across Kildaire Farm Road, Millpond Village Shopping Center

TOWN OF CARY FUTURE LAND USE PLAN DATA
	CURRENT	PROPOSED
Plan Designation:	Commercial	No Change
Alternate Designation:	None	No Change
Activity Center:	NAC	No Change

COMPREHENSIVE PLAN ANALYSIS

Land Use Plan Element

LAND USE PLAN AMENDMENT HISTORY: The first LPA to allow the current PUD was approved in 2000 (00-LPA-11). Another LPA was approved in 2001 (01-LPA-02) to modify the PUD.

Analysis:

The original PUD plan for the portion of the PUD east of Kildaire Farm Road was for a quadrant of mixed commercial/retail and office uses, in keeping with the mixed-use goals for activity centers, as described in Cary’s Land Use Plan. However, since the original approval, the specific types and arrangement of commercial development on this quadrant have been established with the siting of a Walgreen’s and a gas station. The subject site is adjacent to and facing the gas station, making it less desirable for office uses. While the loss of a mix of office and commercial uses on this quadrant is regrettable, staff concurs with the applicant that commercial uses on the site may now be more appropriate. The overall effect on the commercial/office mix within the activity center and the PUD are negligible.

TRANSPORTATION PLANNING

Transit: No Comment.

Pedestrian: Sidewalks are required on both sides of thoroughfares, collector streets and non-residential cul-de-sacs; sidewalks are required on one side of residential and non-residential local streets.

Bicycle: Bicycle traffic shall be incorporated into thoroughfare and collector street design.

Transportation Plan Element: No Comment.

Analysis:

Connectivity:

Cross-Access: Staff recommends that a cross-access roadway/driveway stub be provided to the adjacent parcel to the east. The applicant has agreed to provide a cross-access easement between Mill Pond and the adjacent property to the east, but they prefer that the location of the access point be "determined as required when the eastern property is developed." However, staff recommends that the location of the cross-access stub be determined during the site plan process for the building proposed in this PUD amendment, and that the roadway/driveway stub be constructed at the time of development of that building.

Also, as part of subdivision and site plan approval associated with the Walgreen’s site, Mill Pond is providing a driveway connection to the eastern property from the Walgreen’s driveway off of Ten Ten Road. Although this driveway connection will be helpful as well, staff still recommends the provision of a cross-access at a point further north along the PUD’s eastern property line, in the vicinity of the subject PUD amendment, as discussed above.

OPEN SPACE CONSIDERATIONS

Site contains no significant natural resources, according to OSHRP data. Historic resources data shows the Albert Smith House at this location. However, there is no further record of this site in the Wake County Historical Architecture Inventory.

Analysis:

No further comment.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

Analysis: No comment

Staff Recommendation

Changes since Public Hearing:

The initial public hearing was held on January 23, 2003. Due to inclement weather, the Council requested that the Planning & Zoning Board conduct an additional hearing on February 17. Inclement weather also required that this public hearing be rescheduled until March 17, 2003.

At the public hearing on January 23, a number of concerns were raised: visual and noise issues; upgrade to the buffers and berms; location of the dumpster and loading dock; hours of operation and potential drop-off after-hours; impervious surface calculations. Staff did meet with the applicant to resolve these concerns and a number of conditions were added by the applicant in response to public hearing comments. Please see a list of the new conditions listed above.

Protest Petition Information:

Valid [ ] Not Enough Signatures with 100 feet[ x ] None Filed [ ]

Analysis:

This proposal would allow for a 11,000 square foot retail building (new proposal) or a 24,628 square foot office building (existing currently).

The original PUD plan for the portion of the PUD east of Kildaire Farm Road was for a quadrant of mixed commercial/retail and office uses, in keeping with the mixed-use goals for activity centers, as described in Cary’s Land Use Plan. The Millpond Planned Unit Development as originally approved in 1999 was for 48.5% office use and 51.5% commercial use. However, since the original approval, the specific types and arrangement of commercial development on this quadrant have been established with the siting of a Walgreen’s and a gas station. An amendment in 2001 changed that percentage to 50% office and 50% commercial. The subject site is now adjacent to and facing the gas station, making it less desirable for office uses. While the loss of a mix of office and commercial uses on this quadrant is regrettable, staff concurs with the applicant that commercial uses on the site may now be more appropriate. The overall effect on the commercial/office mix within the activity center and the PUD are negligible. If the site is developed as a 11,000 square foot retail building, this would bring the commercial component to 56.2% and the office component down to 43.8%.

Pros and cons identified with this case are listed below.

Pros:

No additional pros noted.

Cons:

Determination of the location and timing of roadway/driveway stub to the east.

STAFF RECOMMENDATION:

Staff recommends approval provided that the roadway/driveway stub to the east is addressed during the site plan phase.

PLANNING AND ZONING BOARD RECOMMENDATION:

Mr. Dawson made a motion to forward to Council for approval with staff’s recommendation on cross-access connectivity, and that the earthen berm be increased on the eastern side to the maximum height possible, which was seconded by Ms. Perrin, and the Board voted (6-2) with Mr. Yerha and Mr. Lyke 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