TOWN OF CARY , NORTH CAROLINA
REQUEST FOR REZONING

STAFF RECOMMENDATION TO TOWN COUNCIL

Rezoning Petition:

04-REZ-10, Amberly Planned Development District (PDD) - Amendments to the Amberly PDD Master Plan include reducing the residential unit count and an increase in nonresidential building square footage within the VC-1 tract.  See Project Description for listing of all proposed modifications.  

Land Use Plan Amendment:

04-LPA-09.  Modify Notes and land use designations on Map 1 of the NW Area Plan.  Amend Map 2 of the NW Area Plan and the Parks and Greenways Master Plan to reflect changes to parks, greenways and multi-use paths.  See “Current and Proposed Land Use Plan & Zoning” for listing of all proposed modifications.

 

Meeting

Date

Staff
Recommendation

Action

Town Council Public Hearing

August 12, 2004

Forward to the October 18, 2004 Planning & Zoning Board Meeting

Town Council forwarded the case to the October 18, 2004 Planning & Zoning Board Meeting

Planning and Zoning Board

October 18, 2004

Staff recommends approval of the amendments with conditions, and forwarding the request to the November 18, 2004 Town Council meeting.

Application tabled in order to provide the applicant time to clarify nitrogen production within Amberly PDD.  

Application was tabled until November 15, 2004 Planning & Zoning Board Meeting.

Planning and Zoning Board

November 15, 2004

Staff recommends approval with conditions.

With the exception of two Land Use Plan amendments (MF-2 and note 10 on Map 1 of the NW Area Plan) the Planning and Zoning Board unanimously recommended approval of this request.

Town Council

December 9, 2004

Staff recommends approval of the request.

 Approved

 

TOWN OF CARY CASE MANAGER

Bob Benfield, Senior Planner

Phone:  (919) 469-4045

Email:  bob.benfield@townofcary.org

 

STAFF RECOMMENDATION

Staff recommends approval of the proposed Amberly amendments as outlined in the Proposed Project Description (Proposed Modifications) section and the proposed amendments to the Land Use Plan as outlined in the Current and Proposed Land Use Plan & Zoning section of this report.  

The APF for Schools impact fee provision, proposed to be eliminated, has been withdrawn from the current list of amendments and will remain as originally approved.  

 

APPLICANT

OWNERS

Jerry Turner
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
851-7150
851-7547 (FAX)
jturner@jerryturnerassoc.com

 

Sandler at Amberly (Wake and Chatham)
448 Viking Drive
Virginia Beach, VA 23452-7331  

Lois Josselyn Eakes (Wake)
1936 Yates Store Road
Cary, NC 27519  

Pulte Corporation (Wake)
801 Corporate Center Drive STE 118
Raleigh, NC 27606  

KB Homes Raleigh Durham LLC (Wake)
1100 Navaho Drive GL3
Raleigh, NC 27609-73599  

Oren F Leblang & Victoria R Schindler (Wake)
1625 Yates Store Road
Cary, NC 27519-9558  

Amberly LLC (Chatham)
7200 Stonehenge Drive Suite 211
Raleigh, NC 27613  

Amberly LLC (Wake)
Drucker & Falk LLC
7200 Stonehenge Drive Suite 211
Raleigh, NC 27613-1620  

 

LOCATION

MAPS & DOCUMENTS

South of O’Kelly Chapel Road, east and west of Yates Store Road, and north of New Hope Church Road

Town of Cary Vicinity Map

Town of Cary Land Use Map

Town of Cary Zoning Map

Amberly Land Use Plan  

Final Approved Amberly Master Land Use Map

Final Approved PDD  Document 

 

PROJECT DESCRIPTION (PROPOSED MODIFICATIONS)

The following modifications are proposed within the Amberly PDD:  

Proposed Modification:

Modification Description:

1.   A reduction in the number of residential units from 5,400 units to 5,000 units.  The overall gross density would be reduced from 5 units per acre to 4.62 units/acre.

 

Previously Approved

Proposed Modification

551 single-family lots

480 single-family lots

2,992 multi-family units

2,370 multi-family units

1,757 age-restricted units

1,350 age-restricted units

100 units (in Town Center Tract)

100 to 800 units (in Town Center Tract)

2.   An increase in residential units in the Town Center tract and an increase in nonresidential square footage in the VC-1 tract.

 

The proposed modifications include:

·         Town Center :  An increase in residential units from 100 units to a maximum of 800 units.

·         VC-1:  An increase in commercial development from 20,000 square feet to 30,000 square feet, an adding 10,000 square feet of office development.

3.      Inclusion of an out parcel within tract SF-1.

 

The original approved SF-1 tract included a one acre parcel of land within the tract that actually was not a part of the SF-1 tract (an out parcel to the tract and Amberly).  This small parcel of land has been acquired and is proposed to be incorporated into tract SF-1.

4.      Revised boundary line between tracts SF-2 and
   the Town Park tract.

 

The common boundary line was relocated due to a reduction in size of the Town park and increase in the SF-2 tract area.  (The developer is dedicating a 12 acre park on the north side of New Hope Church Road and 16 acres on south side in partnership with the Forest Oaks development.)

·         Town park reduced from 28 acres to 12.25 acres

·         SF-2 tract increased from 109 acres to 183.4 acres

5.   Reconfigured tract boundaries for tract VC-1 and the Amberly recreation site.

 

The reconfiguration would allow half the Amberly recreation site to remain between the tract VC-1 and McCrimmon Parkway, and the remaining half of the recreation site to be located south of McCrimmon Parkway.

6.   Revised access points and street connectivity provisions for the AR tract.

Modifications proposed include:

·         Providing vehicular access  to adjoining western undeveloped parcels

·         Revising vehicular access locations along Yates Store Road .  

7.   Removed recreation and open space within various tracts proposed development.

 

The current plan provides:

·         A 28 acre Town park

·         A 6 acres age-restricted recreation site (with access to 15 acre lake)

·         A 12 acre Amberly recreation parcel adjacent to the Village Center-1 parcel

·         279.74 acres of open space  

The proposed plan would provide:

·         A 12.25 acre Town park

·         A 6 acres age-restricted recreation site (with access to 15 acre lake)

·         A 12.34 acre Amberly recreation parcel adjacent to the Village Center-1 parcel (divided by McCrimmon Parkway )

·         279.18 acres of open space  

The revised plans also propose to utilize asphalt instead of concrete for the construction of greenway trails and multi-use paths.

8.   Clarifying provisions for private greenways and pedestrian connections.

 

·         Added pedestrian crossings for Nancy Branch between tract MF-1 and the Town Center parcel

·         Added pedestrian crossings for 100’ stream buffer between tracts MF-1 and MF-2.

 

9.   Revised streetscape standards.

 

Currently, Amberly has no streetscape standards.  Therefore, streetscape standards are those required by the Land Development Ordinance.  ( A street tree every 40’, an ornamental tree every 20’ in non-residential areas, and an opaque screening where residential development adjoins a thoroughfare.  Existing forest is saved where present in the streetscape and supplemented as needed to meet design requirements.)  

The revised Amberly plan would protect forest area within the 30’ streetscapes, if not removed due to construction activity.  In instances where no natural forest area is present or revegetation is needed within the 30’ streetscapes, one deciduous tree every 60’ and one under story tree every 2 units would be installed.  Where residential dwellings back up to Yates Store Road an opaque screen, consisting of plantings, berms, or a combination of the two elements, would be installed.  

10.  Greenway & multi-use path relocation:

·         Relocate multi-use path from west of Yates Store Road to the east side of the road.

·         Providing standard 5’ wide sidewalk along west side of Yates Store Road .

·         Providing a multi-use path easement along east side of Amberly.

·         Replacing multi-use path along west side of Green Level to Durham Road standard 5’ wide sidewalk.

·         Providing a 20’ wide greenway easement along north side of Nancy Branch and constructing a 10’ wide path.  

11.  Revised development standards

 

Excluding a proposed 18’ setback for single car garages and a 5’ setback for double-car garages from a rear-loaded alley, for AR, TC, and MF tracts, all standards previously approved would remain as previously approved.  

 

PROPOSED SUBDISTRICTS AND DEVELOPMENT REQUIREMENTS

Parcels

Maximum Density (Du/Ac)

Acreage

Total Units or Nonresidential Square Footage

Minimum Lot Size

SF tracts

2.43 u/a (SF-1)
2.01 u/a (SF-2)
1.86 u/a (SF-3)

242.26

480 units

No minimum

MF & MF-2a

 20 u/a (MF-1)
16 u/a (MF-2)

367.62

2,370 units

No minimum

AR

25 u/a

335.68

1,350 units

No minimum

Town Center

 

 75.79

800 units
240,000 com
  125,000 office

 

VC-1

n/a

3.0

  30,000 com    10,000 office

 

VC-2

n/a

1.66

  10,000 com

 

AR Rec Area

n/a

6

 

 

Town Park

n/a

12.25

 

 

Amber Rec Center

n/a

12.34

 

 

Major Road R/W

n/a

24

 

 

Total

 

1,080.60

5,000 units

415,000 sq. ft.

 

 

APPLICANT’S JUSTIFICATION STATEMENT

 Amberly is an approved master planned community that combines a mixture of land uses within an environment providing substantial open space.  Amendments are now being proposed.  Based on current conditions in the area and a better understanding of what Amberly can provide its residents and the Town of Cary , the applicant is proposing a reduction in residential units and an increase in nonresidential square footage within the Town Center parcel.  The applicant is keenly aware of the impact of traffic, and the proposed reduction in residential units and the addition of nonresidential square footage would actually generate less AM and PM trips than the existing approved Amberly traffic study.  The development concept for Amberly reflects Cary’s desire to locate development in close proximity to employment centers, thus reducing the amount of travel time to work and the impact to the surrounding road network.  There continues to be a demand for an active adult community in Cary and the Triangle and Amberly’s residential component still includes a large percentage of age-restricted residential units.  This type of development has no impact on public schools and less impact on the Town’s infrastructure.

     

APPLICANT’S JUSTIFICATION STATEMENT (Continued)

Other proposed changes include: the addition of an out parcel within SF-1 and a reconfiguration of the Town Park site; the locations of the Amberly Recreation Center and VC-1 parcels would be modified; access points would be revised; the streetscape provisions within the PDD would be modified; the addition of new development standards that more closely reflect the housing products being proposed within Amberly; and the use chart would reflect minor changes.  

A proposed adjustment has been made to the location of the multi-use path in the area of the lake and the county line.  The amendment clarifies the material to be used for the multi-use path and the location of the path adjacent to Green Level to Durham Road .  The complete list of proposed modifications is contained in the Project Description of this Impact Statement.

 

CURRENT AND PROPOSED LAND USE PLAN & ZONING

Current Parcel Designations in Cary ’s Land Use Plan:   

Town Center :  MXD (Mixed Use)

MF-1:  HDR (High Density Residential)

MF-2, immediately south of MF-1: MDR to HDR, with a cap of 10 dwellings/acre.

MF-2, immediately north of lake:  MDR to HDR, with a cap of 16 dwellings/acre.

MF-2, south of lake:  MDR to HDR, with a cap of 10 dwellings/acre.

Town Park :  28.12 ac.

Multi-use path/greenway on west side of Yates Store Road and along County Line , from O’Kelly Chapel Road in the north to Amberly lake in the south.

Multi-use path/greenway on both east and west sides of Green Level to Durham Road, from future Morrisville Parkway in the south to Durham County Line in the north.

 

Proposed Amendment to Land Use Plan:

Town Center :  (no change)

MF-1:  (no change)

MF-2, immediately south of MF-1:  MDR to HDR, with a cap of 16 dwellings/acre.  Also shade the area as HDR instead of MDR.  (This change is staff-initiated to reflect the October 2002 PDD approval.)

MF-2, immediately north of lake:  (no change) 

MF-2, south of lake:  (no change)

Town Park :  boundary/size change (12.25 ac.)

Multi-use path/greenway on east side of Yates Store Road , from O’Kelly Chapel Road south to Amberly lake.

 

Multi-use path/greenway only on east side of Green Level to Durham Road , from future Morrisville Parkway north to the Durham County Line.

Add a greenway along eastern boundary of Amberly.  The greenway easement will extend from Amberly Lake north to O’Kelly Chapel Road .

Other amendments:

§         Clarify Note 10 on Map 1 of the NW Area Plan to read “Up to a maximum average of 6 dwellings/acre overall.”

§         Amend Map 2 of the NW Area Plan, and the Parks and Greenways Master Plan, to reflect the proposed changes to parks, greenways, and multiuse paths.  

   

CURRENT AND PROPOSED LAND USE PLAN & ZONING (Continued)

 

The applicant has agreed to the above Land Use Plan modifications.  The modifications have been incorporated into the proposed Amberly Planned Development District document.

 

CURRENT AND PROPOSED ZONING

Current Zoning: Planned Development District

Proposed Zoning: Planned Development District

 

ADJACENT ZONING & LAND USES

 

Existing Use

Existing Zoning