TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO
TOWN COUNCIL

REZONING PETITION:   05-REZ-25 Woodland Terrace

This request seeks to modify existing zoning conditions in order to provide additional attached residential units for a retirement/congregate care community.  

LAND USE PLAN AMENDMENT:   05-LPA-15, Medium Density Residential (MDR) to High Density Residential (HDR)

The proposal is to add 16 attached residential units and will increase the existing density from medium density (3-8 units per acre) to high density residential (8+ units per acre).  A Land Use Plan Amendment will be required to change the designation from Medium Density Residential (MDR) to High Density Residential (HDR).   

LOCATION OF PROPERTY:  300 Kildaire Woods Drive  Vicinity map

APPLICANT:

Mitchell Brown

Kisco Senior Living

5790 Fleet St., Suite 300

Carlsbad, CA 92008

Phone:  760/804-7007

E-mail:  brown@kiscosl.com  

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s)

Real Estate ID(s)

Area (Acres)

WK Woodland Investors IV, LLC

0763536828

0073963

21.62

Total Acreage

21.62

   

REQUESTED LAND DEVELOPMENT PROPOSAL

This request seeks to modify existing zoning conditions in order to provide additional attached residential units for a retirement/congregate care community.

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

0763536828

8.1

21.62

176

N/A

Total

8.1

21.62

176

N/A

 

TOWN OF CARY
CASE MANAGER:  

Philip E. Smith, Long Range Planning Manager

Phone:  919/469-4029

E-mail:  philip.smith@townofcary.org 

MEETING SCHEDULE:   

    TOWN COUNCIL PUBLIC HEARING – August 11, 2005

    Action:  The request was forwarded to the October 24, 2005 Planning and Zoning Board meeting. 

    PLANNING & ZONING BOARD – October 24, 2005

    Staff Recommendation:  Staff recommends approval of the request.

    Action:  The Planning and Zoning Board recommended approval (10-0) 

    TOWN COUNCIL ACTION – November 10, 2005

    Staff Recommendation:  Staff recommends approval of the request.    

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING:  In response to comments generated through staff’s evaluation by the Development Review Committee, Exhibit A has been redrawn to reflect the following modifications:

  • Buffers:  The southern buffer was incorrectly shown as 50 feet when 60 feet was required.  This has been corrected.
  • Connectivity:  An easement has been shown from the terminus of the cul-de-sac to the northern property line to provide for future connectivity to the adjoining property to the north and a pedestrian connection has been shown to connect to the adjoining office development to the west.    

No changes have been made to the zoning conditions since the Town Council public hearing. 

PLANNING AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS:  After a brief discussion regarding further densification of the site, buffers and connectivity, the P&Z Board recommended approval of the request. 

The Planning and Zoning Board voted unanimously (10-0) to recommend approval of the request. 

Concerns Discussed:

  • Density—Are there plans to add any additional units to the development beyond the 16 proposed in this request?  The applicant indicated that there are no plans for any additional units on this site, citing a lack of available space.
  • Buffer—What is to be planted in the supplemental 20’ buffer?  The supplemental buffer is to consist of a 3-4’ berm, a 5-6’ fence and plantings. Additionally the applicant will remove storm debris from the existing 50’ buffer.
  • Connectivity—What connections will be required from Woodland Terrace to the property to the north?  The site plan was amended to show a connection to the property to the north.  The applicant is concerned about this connection because of the possible endangerment to the senior residents who may be visually or hearing impaired.  The applicant will be allowed to dedicate the right-of-way and post a construction bond rather than construct the stub at this time. 

Reasons for Majority Vote:

The majority vote was made to support staff’s recommendation to allow the addition of 14 independent living and 2 assisted living units at Woodland Terrace.   They felt comfortable that this type of housing is needed and the additional buffering offered by the applicant will mitigate any impacts to the surrounding neighborhoods. 

 Reasons for Dissenting Vote:

There were no dissenting votes. 

STAFF RECOMMENDATION:   

A)         05-LPA-15, Medium Density Residential (MDR) to High Density Residential (HDR) 

Staff recommends approval of the Land Use Plan amendment.  Although the land use plan amendment is technically required, the proposed density of 8.1 units per acre is at the low end of the high density category and is an insignificant change from the existing density of 7.4 units per acre.  Further because of Woodland Terrace’s proximity to the Saltbox Village Activity Center, high density is appropriate for this area. 

B)         05-REZ-25 Woodland Terrace 

Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)) and recommends approval. 

1.       This request is consistent with the current Town of Cary Land Use Plan.  The proposed use is consistent with the Land Use Plan, once amended as recommended by staff.

2.       Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.)  Utility extensions to the additional units will be made by the developer from existing water and sewer lines already present on site.

3.       The proposed rezoning is unlikely to have a significant impact on the natural environment.  The developer has proposed, as a condition, an increase in buffer width from 50 feet to 70 feet to mitigate any adverse environmental impacts.   

4.       The proposed rezoning will not have a significant adverse impact on other property in the vicinity.  The proposed amendments of the conditional use zoning of the subject property will provide for an additional 16 units of age-restricted housing on this site.  Two of these units will be added within an existing building.  Because of the senior clientele served by Woodland Terrace, the impacts on traffic and noise in the area are expected to be minimal and the developer is adding additional buffer area to help mitigate these impacts.  No new access points from Farmington Woods Drive, which is residential in character, will be needed.  

5.       The proposed zoning classification is suitable for the property.  The existing Office and Institutional Zoning is appropriate at this location and the conditions provided by the applicant further define the use of the site and mitigate development concerns.  The proposed 14 additional units for senior independent living and two units for assisting living are needed, especially as the area’s population ages. 

ZONING:  Zoning map
    Current:       Office and Institutional Conditional Use (OICU)
    Proposed:    Office and Institutional Conditional Use (OICU) 

EXISTING ZONING CONDITIONS:

PROPOSED ZONING CONDITIONS:

E. As used herein, “Single-Family Residential Area” shall be construed to mean that portion of the Subject Property which lies within a perpendicular distance of 175 feet from the eastern 600 feet of the south line, the entire east line and the eastern 290 feet of the north line of the Subject Property.  A sketch is attached hereto as Exhibit A to illustrate the appropriate area.  Note that the “Single-Family Area” includes the area shown as “50 foot Undisturbed Buffer” on Exhibit A and when used herein, “Single-Family Residential Area” shall be construed to include the said “50 foot Undisturbed Buffer”.  Within said “single-family Residential Area”:  

F. The Subject Property shall contain a maximum of 160 residential units, consisting of:

      i. No greater than 70 residential units in the Assisted-Living building(s) in one or more buildings not to exceed two stories. 

L. The Owner of Subject Property shall construct a 6 foot high “stockade” wooden fence behind Lot 186, Farmington Woods, 205 Farmington Woods Drive, Cary, NC.  The location of said fence shall be as shown on Exhibit C attached hereto and incorporated herein by reference. 

E. As used herein, “Single-Family Residential Area” shall be construed to mean that portion of the Subject Property which lies within a perpendicular distance of 175 feet from (1) the eastern 600 feet of the south line, ; and (2) the southern 570 feet along the eastern line of the Subject Property.  A sketch is attached hereto as Exhibit A (revised dated:  08-05-2005 ) to illustrate the appropriate area.  Note that the “Single-Family Area” includes the area shown as “50 foot Undisturbed Buffer” on Exhibit A and when used herein, “Single-Family Residential Area” shall be construed to include the said “50 foot Undisturbed Buffer”.  Within said “single-family Residential Area”:   

F. The Subject Property shall contain a maximum of 176 residential units, consisting of:

         i. No greater than 72 residential units in the Assisted-Living building(s) in one or more buildings not to exceed two stories.

L. The Owner of Subject Property shall construct a 6 foot high “stockade” wooden fence behind Lot 186, Farmington Woods, 205 Farmington Woods Drive, Cary, NC.  The location of said fence shall be as shown on Exhibit C (revised dated: 08-05-2005) attached hereto and incorporated herein by reference.

Add:

M.  Exhibit A and Exhibit C which were attached to the conditional use permit in 96-REZ-16 approved by the Town of Cary on June 13, 1996 are hereby deleted, and Exhibit A  and Exhibit C  dated 08-05-2005 which are attached hereto are substituted in their place instead.

N. A 20’ wide Supplemental Buffer shall be added parallel and adjacent to the 50’ Undisturbed Buffer along (1) the entire length of the northern 50’ Undisturbed Buffer, and (2) the northern portion of the eastern 50’ Undisturbed Buffer starting at a point 570’ from the southern property line and continuing to the northern 50’ Undisturbed Buffer. A drawing is attached hereto as Exhibit A, revised dated: 08-05-2005, to illustrate the appropriate area.  The 20’ Supplement Buffer shall (1) be graded with a berm 3’-4’ in height, (2) contain a 5’-6’ high wooden fence in 24’ long staggered sections, (3) and be planted with shrubs and trees.  A drawing is attached hereto as Exhibit D, dated: 08-05-2005 to illustrate the Supplemental Buffer.  

APPLICANT’S JUSTIFICATION STATEMENT (June 27, 2005): “Woodland Terrace is a 160-unit full service rental retirement community including: independent congregate living, assisted living, and specialized assisted living for seniors with Alzheimer’s disease.  Independent living options currently include patio homes (10) and apartments (80).  The community opened in December 1999 and has operated at or near full capacity after initial fill up.  The patio homes have been very popular as they offer a more independent living situation for elderly couples.  The ownership identified and unused portion of the site inside the perimeter buffer area in the northeast corner as a good location for additional patio homes.  We met with the homeowners adjacent to this location and presented our plan for the added patio homes, and made modifications that responded to their questions or concerns.  Along with the 14 additional patio homes, we plan to expand the main dining room in the Independent Living building (within the existing footprint) and build a new “wellness center” addition with an indoor pool (attached to the Independent Living building)  Finally, we plan to convert two common sitting rooms in the Assisted Living building to studio units.  These additions and improvements to Woodland Terrace will enable us to continue to offer one of Cary’s finest retirement living options”.  

TOWN OF CARY LAND USE PLAN DESIGNATION:  Land Use Plan map

    Current:  Medium Density Residential (MDR)

    Proposed:  High Density Residential (HDR)T

ADJACENT ZONING & LAND USES:  

North:

Existing Use:  Retirement/Congregate Care Community

Existing Zoning:  Office and Institutional Conditional Use (OICU)

Existing Land Use Plan Designation:  Office and Institutional (OFC/INS) and Low Density Residential (LDR)  

East:

Existing Use:  Single Family Residential       

Existing Zoning: Residential 12 (R-12)

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

South:

     Existing Use: Single Family Residential

     Existing Zoning: Residential 12 (R-12)

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

West:

     Existing Use: Office

     Existing Zoning: Planned Development District (Major)

     Existing Land Use Plan Designation:  Office and Institutional (OFC/INS)  

Parks & Greenways:  There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan. parks and greenways map

Traffic Impact Analysis:  The additional units will not generate the required 20 peak hour trips to require a traffic impact study.   

 Reference Information:   

Schools:  This request is for a full service retirement/congregate care community therefore school information is not applicable.  

Development Plan Issues:   

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, storm water management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http:vic.townofcary.org.