TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO 
TOWN COUNCIL

Franks Farm

05-LPA-11 Millpond Village Community Activity Center (CAC).  This Land Use Plan Amendment is associated with rezoning case 05-REZ-22 Activity Center Overlay District (ACOD).  The lands surrounding the four quadrants of the intersection of Kildaire Farm and Ten Ten Roads, including the quadrant containing the proposed rezonings, is currently designated as a Neighborhood Activity Center (NAC) on the Cary Land Use Plan.  Amendment 05-LPA-11 proposes to upgrade that NAC, called the Millpond Village NAC, to a Community Activity Center (CAC).

05-LPA-09 Reflects Millpond Village CAC Land Uses.  This Land Use Plan Amendment is associated with rezoning case 05-REZ-21 Franks Planned Development District (PDD) and with Activity Center Concept Plan (ACCP) case 05-AC-006 Franks ACCP.  Amendment 05-LPA-09 proposes to amend the Land Use Plan to reflect a mix of Commercial (COM), Office/Institutional (OFC/INS), High-Density Residential (HDR), and Medium Density Residential (MDR) uses arranged in the general pattern proposed by the associated cases 05-REZ-21 Franks PDD and 05-AC-006 Franks ACCP. 

05-REZ-22 Franks Activity Center Overlay District (ACOD)

An Activity Center Overlay District (ACOD) lays the groundwork to approve the ACCP described above.  This is a staff-initiated request.  The Land Development Ordinance requires that ACOD be designated onto a property before an ACCP may be approved.

05-AC-006 Franks Activity Center Concept Plan (ACCP)

Activity Centers consist of commercial, office and high density residential uses that are planned as a cohesive whole, clustered in an area usually surrounding a major intersection.  Activity Centers are divided into “quadrants” that divide the Activity Center into sections, generally one on each corner of the intersection.  Each quadrant then has an Activity Center Concept Plan (ACCP) created in conjunction with the property owners to guide development of that section.  This ACCP includes a commercial parcel proposing 90,000 square feet of retail and 20,000 square feet of office/institutional on 9.65 acres, 50 attached residential units on 3.93 acres and 125 single family detached residential units on 22.94 acres.

05-REZ-21 Franks Planned Development District (PDD)

The purpose of this rezoning is to establish a Planned Development District (PDD) for the Southeast quadrant of the intersection of Kildaire Farms Road and Ten Ten Road.  The PDD includes approximately 60 acres for commercial and residential development that is located within the Millpond Village Activity Center.  The PDD documents spell out buffers, setbacks, lot sizes and other specific development criteria. An Activity Center Concept Plan (ACCP) is proposed to provide 90,000 square feet of retail, 20,000 square feet of office/institutional, and a maximum of 125 single-family detached and 50 single family attached products on approximately 60 acres. 

LOCATION OF PROPERTY:  Vicinity map

Southeast Quadrant of the intersection of Kildaire Farm Road and Ten Ten Road

APPLICANT:
Don Fraley

MI Homes

1500 Sunday Drive, Suite 113

Raleigh, NC 27607

(919) 828-1106

APPLICANT’S JUSTIFICATION STATEMENT (May 31, 2005):  This request is to rezone property located on the south side Ten Ten Road at the intersection with Kildaire Farm Road and directly across the street from the existing Millpond Village.  This request would change the zoning from WakeCounty residential-30 to Planned Development District Major within Cary’s jurisdiction.  The proposed request would also place this parcel in the Millpond Village Activity Center .

The Master Plan provides a maximum of 90,000 square feet of retail and 20,000 square feet of office/institutional, a maximum of 125 single-family detached and 50 single-family attached (townhome) products.

The proposal is in keeping with development in the area and will add additional residential and non-residential elements to this growing area of Cary .

*8,000 sq ft minimum lots adjacent to Grenadier

TOWN OF CARY
CASE MANAGER: 
Angela Reincke, Senior Planner

Phone: (919) 462-3942

E-mail: angela.reincke@townofcary.org

MEETING SCHEDULE: 

TOWN COUNCIL PUBLIC HEARING – July 28, 2005

Action:  The Town Council forwarded the request to the September 19, 2005 Planning and Zoning Board (7-0) on July 28, 2005

PLANNING & ZONING BOARD – September 19, 2005

Staff Recommendation:  Staff recommends these requests provided the applicant remove the request for parking reductions for the commercial tract and provide an increased minimum lot size for properties adjacent to the Grenadier development to provide an adequate transition between residential uses.

Action:  In five separate actions the planning and zoning board voted to deny each request (6 to 3).

TOWN COUNCIL ACTION – October 20, 2005

Staff Recommendation:  Staff recommends approval of the request.

Action:

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING:  In response to concerns voiced by the Town Council and adjacent property owners at the first public hearing, the applicant has continued to meet with the residents of Grenadier and have proposed the following changes:

(1) A thirty foot Type “A” buffer installed along the property adjacent to Grenadier with 6 to 8 foot berms and evergreen and deciduous plantings.

(2) A request to reduce the parking requirements to 4 per 1000, versus the required 5 per 1000 for the non-residential portion of the project.

(3)  The removal of the request for alternative street designs.

(4)  The inclusion of road improvements being made on Kildaire Farm Road, SR1010 and Arthur Pierce Road.

(5)  The removal of interior buffers for parcels within the Franks Farm Planned Development District.

Other items discussed at the public hearing but not included in the proposed changes were: 

The relocation of the proposed connection to Chaumont Drive north towards the riparian buffer and not allowing the connection to be made;

The increase of minimum lot sizes adjacent to the Grenadier development to maintain privacy, rural character and wildlife;

The dedication of land for a seven acre park within this development;

The removal of all non-residential development from this quadrant of the Activity Center as the existing NAC is sufficient;

More road improvements necessary than those just adjacent to the proposed project; and

Pedestrian connections should be made to all existing adjacent developments.

CHANGES SINCE THE PLANNING & ZONING BOARD PUBLIC HEARING:

(1)  Reducing the retail square footage to 90,000 and adding 20,000 square feet of office/institutional.

(2)  Eliminating the option of 70 residential units on Parcel A.

(3) The request to reduce the parking requirements to 4 per 1000, versus the required 5 per 1000 for the
     non-residential portion of the project, has been deleted.

(4)  Requirement added to provide 8,000 sq ft minimum lots adjacent to Grenadier.

(5)  A connecting road to Chaumont has been relocated north of proposed residential lots.

(6)  Provision of a pedestrian connection at the southeast corner of the proposed residential development
      to the adjacent undeveloped parcel. 

Items of concern raised by adjacent residents at the public hearing conducted by the P&Z Board included:

Buffer and lot size adjacent to the Grenadier subdivision.  Adjacent residents had concerns about the appropriateness of lots of 5,000 sq. ft. minimum being directly adjacent to existing 30,000 square foot lots.  In addition, concern was expressed over the size and type of the buffer being proposed to mitigate impacts between the two residential uses.

Road improvements.  Residents indicated they did not support the proposed road improvements as they did not fully provide the necessary safe vehicular access to roads and visibility to collector roads from proposed roads and access drives.

Conversion of the NAC to a CAC.  Residents asked for clarification of the need to upgrade this area as there was already unoccupied space available for use within the Millpond Village project.  They requested justification of the numbers in the NAC and clarification by staff as to why the CAC would be appropriate in this location.  They did not support conditioning the project to require an office development to balance the use types since there was currently vacant space in this vicinity.

Water pressure, Residents expressed concern about water pressure in the area including the Cotswold and Windermere developments.  They have been working with town staff to remedy the situation.  

The Planning and Zoning Board members had an in-depth discussion regarding the NAC, and the current uses and mix of uses currently occupying the area.  While the Board acknowledged that the mix of uses was a goal to strive to achieve rather than an absolute requirement, several members expressed concern about the mix between retail and office not being at the 50% balance desired in an activity center.

In response to questions raised about the activity center aspect of these cases, staff provides the following chart:

STAFF ANALYSIS: 

1(a)  Land Use Plan Amendment 05-LPA-11 Millpond Village Community Activity Center (CAC):  Staff believes the expansion of the Millpond Village Neighborhood Activity Center (NAC) to a Community Activity Center (CAC) classification is warranted.  Millpond Village NAC is strategically located in an area currently underserved by the range of goods, services, and facilities that a Community Activity Center could provide.  It lies approximately 1 mile from the Hemlock NAC, and approximately 1.3 miles from the Fairview NAC.  It lies more than 2 miles from Crescent Commons, the nearest CAC.  These distances represent the recommended spacing for new Activity Centers.  Typically, a CAC serves a population ranging from 10,000 to 20,000 persons.  Within a 1.5 mile radius of the proposed Millpond Village CAC, the population is estimated at 9,500 persons.  With an estimated available land supply of over 1,000 acres, the population within the proposed CAC could reach 15,000 persons.  Millpond Village is already considered a ‘large’ NAC by Town of Cary standards, with nearly 245,000 square feet. of commercial floor space alone (the Land Use Plan recommends NACs contain approximately 125,000 commercial plus an equal amount of office/institutional space).  It is well-served by 332 multi-family units, which, when combined with the proposed 110,000 square feet. of commercial and office/institutional area and 50 multi-family units in the Franks ACCP, will achieve the desired ratio of 1 multi-family unit per each 1,000 square feet. of non-residential floor space.  The Franks ACCP also introduces a medium-density residential ‘support area’ for the proposed Community Activity Center.  Staff recommends approval of the request to expand the Millpond Village Neighborhood Activity Center (NAC) to a Community Activity Center (CAC) classification. 

1(b)  Land Use Plan Amendment 05-LPA-09 Reflect Millpond Village CAC Land Uses:  Staff supports the request to amend the Land Use Plan to reflect a mix of Commercial (COM), Office/Institutional (OFC/INS), High Density Residential (HDR), and Medium Density Residential (MDR) uses arranged in the general pattern proposed by the associated 05-AC-006 Franks ACCP.  The proposal would constitute one quadrant of an activity center, providing a pedestrian-accessible commercial area supported by a desirable mix of residential housing types.   

2(a)  05-REZ-21 Franks Planned Development District (PDD):
  (b)  05-REZ-22 Franks Activity Center Overlay District (ACOD):  Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)): 

1. This request is consistent with the current Town of Cary Land Use Plan.  The density of this PDD is consistent with that required within a Community Activity Center. 
2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.)  Utility extensions will be made by the developer from adjacent water and sewer lines. 
3. The proposed rezoning is unlikely to have a significant impact on the natural environment.  Environmental impacts are mitigated through the protection of riparian buffers and the dedication of open space for buffers, streetscapes, and private open space amenities. 
4. The proposed rezoning will not have significant adverse impacts on other property in the vicinity of the subject tract.  The PDD includes the provision of a 30 foot Type “A” buffer including berms 6 to 8 feet in height along the eastern border adjacent to the Grenadier development.  These berms will be planted with evergreen and deciduous material to provide an attractive screen to mitigate impacts to adjacent properties.  Proposed development standards include 8,000 sq ft minimum lots adjacent to Grenadier in conjunction with the buffer and berms to mitigate impacts. 
5. The proposed zoning classification is suitable for the subject property.  This request aligns the development plan for the area with that of a Community Activity Center.  An appropriate mix of uses has been provided. 

3(a)  05-AC-006 Franks Activity Center Concept Plan (ACCP):  Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (4.4.2(J)) Criteria for approval of an ACCP: 

1.   The ACCP has been prepared consistent with the requirements of this Section and the Land Use Plan.  The ACCP contains all information required by the LDO for submittal of an ACCP request. 

2.   The ACCP includes an appropriate mix of land uses for the overall activity center, including residential, commercial, office, and institutional uses.  The ACCP would be a mixed use development containing commercial, office and residential uses. 

3.   The ACCP will meet or exceed Town design guidelines and other established Town standards. The ACCP would comply with Activity Center Design Guidelines, Cary Design Guidelines, and Cary’s Community Appearance requirements. 

4.   The ACCP includes both medium and higher-density housing.  This ACCP includes medium and high density residential development. 

5.   The ACCP includes some formal outdoor space for public use, such as a park, village green, or plaza; larger activity centers should include more such space than smaller centers.  This ACCP includes several outdoor spaces for public use including small open space areas within the residential areas and pedestrian links through an east-west linear open space which divides the property. 

6.   The ACCP demonstrates that there has been participation by residents, by property owners in the surrounding neighborhoods, and by the Town, so that the proposed development specially responds to the unique conditions of the area.  The applicant has indicated that they have met and are continuing to address adjacent property owner concerns.  Revisions to the PDD were made to mitigate some of the concerns identified in the first public hearing.

STAFF RECOMMENDATION:  Staff recommends these requests.

ZONING:  Zoning map

Current:  Residential 30 (R-30) Wake County

Proposed:  Planned Development District Major

TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use map

Current:  Low Density Residential (LDR) within the Millpond Village Neighborhood Activity Center (NAC)

Proposed:  Commercial (COM), High Density Residential (HDR), and Medium Density Residential (MDR) within a
Community Activity Center (CAC)

ADJACENT ZONING & LAND USES:

North:

Existing Use:  Retail and Residential (Millpond Village and Langston Commons)

Existing Zoning:  Planned Development District (PDD) Major and Minor

Existing Land Use Plan Designation:  Commercial (COM) within the Millpond Village NAC and Low Density Residential (LDR)

East:

Existing Use:  Single Family Detached Residential

Existing Zoning:  Residential 30 (R-30) Wake County

Existing Land Use Plan Designation:  Low Density Residential (LDR)

South:

Existing Use:  Church and Single Family Detached Residential

Existing Zoning:  Residential 40 (R-40) and Residential 8 Conditional Use (R-8)

Existing Land Use Plan Designation:  Low Density Residential (LDR)

West:

Existing Use:  Apartments and Single Family Detached Residential

Existing Zoning:  Residential 30 (R-30) Wake County, Residential 40 (R-40) and Residential Multi-Family Conditional Use (RMF-CU)

Existing Land Use Plan Designation:  High Density Residential (HDR) within the Millpond Village NAC and Low Density Residential (LDR)

Parks & Greenways:  The PRCR Department has requested the following as part of the approval of this development:
Greenways Map

·         A payment-in-lieu for the value of approximately 5.00 acres will be required if approved.

·         A private east-west trail connection should be provided (preferably along the south side of the buffer) to provide access to the proposed Town of Cary Camp Branch Greenway.(Located east of the project site) 

·         Public art should be incorporated at the intersection of Kildaire Farm Roadand Ten Ten Road .

·         Provide a 20’ wide pedestrian access in the southeast corner of the project site to provide a link to the proposed public park. The specific location of this pedestrian access would be between the 5^th and 6^th lot, north of Arthur Pierce Road and along the eastern boundary. 

The PRCR Advisory Board reviewed and approved these conditions at its September 12^th, 2005 Board meeting.

Traffic Impact Analysis: A Traffic Impact Study has been prepared by the Town traffic consultant MAB.  The study recommends a right turn lane at the intersection of Kildaire Farm and Penny Roads.  All other signalized intersections in the study area will operate at Town of Cary standard level of service “D” or better at build-out with Cary Comprehensive Plan site improvements.

Reference Information:

Schools:   The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.