05-REZ-40
Sears Farm Planned Development District (PDD) Amendment
 Staff Report to Town Council

1.  Background Information

Requested Zoning:  Planned Development District (PDD) Amendment  

Existing Zoning:  Planned Development District Zoning Map

Acreage:  75.28 Acres  

Location:  Southeast corner of Davis Drive and High House Road  Vicinity Map 

Cary Land Use Plan Designation:  Community Activity Center  

Requested Land Use Plan Designation:  No Change  

Applicant:
Bill Sears, Sears Farm, LLC
1142 Executive Circle, Suite D
Cary, NC 27511
919/467-5703
billsears@SHKW.com
 

Applicant’s Contact:
Andrew Padiak, the John R. McAdams Company
2905 Meridian Parkway
Durham
, NC 27713
(919) 361-5000
padiak@johnrmcadams.com

Town Of Cary Case Manager: 
Debra Grannan, Senior Planner
316 N. Academy Street, Cary, NC
27513
(919) 460-4980
debra.grannan@townofcary.org

2.  Summary of Requested Rezoning
The applicant has submitted the following revisions to the existing conditions for the Sears Farm Planned Development: 

1. No single retail user shall exceed 22,000 S.F. on the first floor level. This does not include the hotel guesthouse.

1. Removed

8. In order to phase the development and provide appropriate ratio of residential to non-residential, no building permits for any commercial, office, or guesthouse will be issued until 50% of residential units have been issued building permits. Commercial, office, guest house and residential may be developed simultaneously.

8. Removed  

9. No CO shall be issued until the completion of the Davis Dr. widening project.

9. No Certificate of Occupancy shall be issued until the completion of the Davis Drive widening project in front of the site.

12. The developer will widen High House Road and construct the median along the property frontage. Developer will enter into Developer’s Agreement with the Town of Cary at time of site plan approval.

12. The developer will be widening High House Road and constructing the median along the property frontage.  The developer will enter into a developer’s agreement with the Town of Cary at the time of site plan approval for the CCRC Phase 2 or Village Component.

14. A reserved r-o-w between 50’ – 62’ for the loop road will be added to the PDD document and recorded at time of site plan approval.  See street sections, sheet 7

14. An Ingress/Egress Easement of between 50’ to 62’ for the loop road will be added to the PDD document and will be recorded at the time of site plan approval.

16. Exterior facades of apartment buildings will be muted earth-tone colors similar to brick or stone. Sloped roofs will be muted green or gray. Windows will be non-reflective. Lighting will be shielded.

16. Exterior facades of apartment buildings will be muted earth-tone colors similar to brick, stucco or stone. Sloped roofs will be muted green or gray. Windows will be non-reflective. Lighting will be shielded.

17. R-O-W for Davis Dr. road widening project and additional r-o-w on High House Rd. needed for High House Rd. widening will be dedicated to the Town of Cary immediately following PDD approval.

Removed  

18. The developer will supplement the existing vegetation east of Buildings N and P, the extent compatible with Town, State and Federal regulations. Plantings shall be evergreen, and installed by hand (no motorized equip.) in a manner to avoid damage to existing tree roots. Plantings shall be placed to strengthen the visual barrier. Plantings will be installed in the next planting season following site plan approval. Plant materials shall be selected from the following list: Cryptomeria japonica (10’); Ilex cassine (8’); I. Cornuta Burfordii (8’); I. Latifolia (8’); I. Opaca East Palatka (8’); Juniperus virginiana (8’), Magnolia grandiflora (10’); Prunus caroliniana (10’); Quercus Laurifolia (12’); Q. Myrsinifolia (12’).

18. The developer will supplement the existing vegetation east of Buildings N and P, the extent compatible with Town, State and Federal regulations. Plantings shall be evergreen, and installed by hand (no motorized equip.) in a manner to avoid damage to existing tree roots. Plantings shall be placed to strengthen the visual barrier. Plantings will be installed in the next planting season following site plan approval. Plant materials shall be selected from the following list: Cryptomeria japonica (10’); Ilex cassine (8’); I. Cornuta Burfordii (8’); I. Latifolia (8’); I. Opaca East Palatka (8’); Juniperus virginiana (8’), Magnolia grandiflora (10’); Prunus caroliniana (10’); Quercus Laurifolia (12’); Q. Myrsinifolia (12’,)

Additional plantings:  Thuja occidentalis  (Eastern and American Arborvitae)  and

Gaultheria procumbens (Wintergreen)

Additional plant types may be added that are consistent with Town of Cary Buffer Planting standards.

25.  All dwelling units in Sears Farm are CCRC dwelling units, except for the 12 Apartment units in the Retail Village Core.  

25. Removed  

26.  Fifty percent of the Assisted Living Facility and the entire Activity Center (Clubhouse) will be operational prior to the occupancy of any living unit within the Continuing Care Retirement Center .

26. Healthcare accommodations including assisted living and long-term care will be constructed as demand requires after occupancy of the community. The phasing or sequencing of healthcare construction will be based on actual demand and or the actuarial characteristics of the resident population.

27.  The construction of the Conservatory shall begin not later than when fifty percent of the Building Permits for the Continuing Care Retirement Center have been issued.  

27. The Conservatory shall be constructed as part of Phase 2.  

28.  The Lake will be completely constructed with the first phase of any construction.  

28. The establishment of the permanent normal pool elevation and improvements to approximately one half of the waterfront of the lake will be constructed as part of Phase 1.  

29.  Based on current Town ordinances and polices, Sears farm will mitigate the traffic at the intersection of Cary Parkway and High House road as per the Town of Cary’s consulting traffic engineer’s recommendation.

29. Removed

 

Sears Farm PUD Master Land Use Data Amendments

 Village Site Data

Acreage

Existing 14.2

Proposed +/- 16

Building Key

Existing Conditions

Proposed Revision

A

Specialty Retail 1-story

Specialty Retail with Drive Through

D

Retail/Pharmacy with Drive Through

Office- 3 stories

G

Guest House 5 stories

Hotel 5 stories

H

Specialty Retail Office, Apartments – 3 stories

Specialty Retail Office 2-stories

I

Specialty Retail/Office 2 stories

Specialty Retail-2 stories plus basement

First Floor Retail

111,610 SF

113,100 SF

Second Floor Office

28,310 SF

40,000 SF

(may also be first floor space)

Third Floor Apartments 

27,740 SF (12 units)

0 SF (0 Units)

Moved 12 units to CCRC

Pedestrian Structure

3,520 SF

0 SF

Surface Parking

217spaces

320 Spaces

Parking Structure

428

361

Total Parking

645

681

Existing Condition: Guest House

 

Proposed: Hotel

Floor Lobby

22,701

No change

Second – Fifth Floor Guest Rooms

71,824 SF  (110 rooms)

No Change

Underground Parking

100 spaces

No Change

Retail Village

Front Setback 10’ from Back of Curb

Setback 30’ from High House Rd and 30’ from David Dr.

 

Sears Farm PUD Master Land Use Data Amendments  

Continuing Care Retirement Community (CCRC) 

Acreage

Existing 60.7

Proposed +/- 58.9

 

Building Key

Existing Conditions

Proposed Revision

Comment

L

CCRC Condominiums

 2 Stories

CCRC Condominiums

 3-Stories

 

Q

Activity Center – 1Story

Activity Center 2 story

 

T

Maintenance Building 1 Story

Maintenance Building 1 story with basement

 

H

Specialty Retail Office Apartments 3 Story

Specialty Retail Office 2 stories

 

I

Specialty Retail/Office 2-Stories

Specialty Retail

2-Stories plus basement

 

CCRC Apartments

527,6000 SF (232 units)

No additional setback off the buffer required

 

CCRC Condominiums

64,806 SF 23 units

130,000 SF 46 units

 

CCRC Single Family Units

3,000 +/- SF 246,000 SF (82 units)

20’ front yard setback

15’ rear yard setback

3000 =/- SF 324,000 SF Attached (108 units)

  • 18’ front yard setback from back of curb
  • 0 rear yard setback
  • 0 side yard setback
  • Minimum of 6’ of building separation between building groupings.

Added 26 units

Dwelling units will be attached  and will not be on individual lots

Assisted Living

43,730 SF (60 beds)

Based on need

For established residents only

Club House/Activity Center

49,765 SF

+/- 47,580 SF

+/- 39,034 SF (23 Apartment Units)

Decreased Club House by 2,185 SF added 23 Apartments

Conservatory

19,657 SF

No change

 

Maintenance Building

2,700 SF

2,700

One story with basement

Surface Parking

231 spaces

250 spaces

Increased by 19

Garage Parking

210 spaces

270 spaces

Increased by 60

Underground Parking

284 (71 spaces beneath each of four apartment buildings)

No change

 

Open Space

46.37 (61.9%)

44 (58.7%)

Decreased by 2.37 Acres

 

3.  Feedback at Town Council Public Hearing 

A valid protest petition was filed; however, at the Town Council public hearing on January 12, 2006, this petition was withdrawn by a representative of Tri Properties.    The citizen, Mr. McDonald, explained he was seeking clarification about the specific details of the case and was satisfied that his questions were answered during staff’s presentation.    

Council Member Marla Dorrel asked the applicant to verify that the height of the apartment buildings adjacent to the Preston Forest subdivision would not be increasing above what was previously agreed to.  Bill Sears, the applicant confirmed that they were not.  Council Member Julie Robison asked for reassurance that the requirements of the Traffic Impact study would remain in effect. The Planning and Engineering Staff verified that this was the case.  Council Member Nels Roseland raised a concern about the commercial building on the site and asked if the amendment would allow one large retail tenant.  Staff verified that the footprint of each commercial building and the number of buildings on the site was not changing.  Should such a change be proposed in the future it would require the applicant to resubmit an illustrative concept plan.  

4.  Changes since the Town Council Public Hearing

5.  Staff Observation

Staff makes the following observations regarding this request:  

  1. This request is consistent with the current Town of Cary Land Use Plan.    
  2. Adequate protection is provided through our Land Development Ordinance regulations to insure the site plan associated with this case is in compliance with Town and Planned Development requirements.
  3. The conditions related to buffer width and uses addresses the significant impacts on adjacent properties.  Buffer enhancements are required. And the buffers are not being reduced as part of this amendment request.

6.  Planning and Zoning Board Recommendation

At its March 20, 2006 meeting the Planning and Zoning Board voted 10-0 to recommend the adoption of the ordinance to approve the amendment as presented for the following reasons:

The request is consistent with the Comprehensive Plan 

      The removal of zoning conditions does not eliminate the applicant’s obligation to make road improvements if they
      were a requirement of the Traffic Impact Analysis 

      The buffers mitigate impact on adjacent property

7.  Town Council Motion Options:  (Ordinances are at the end of this report) 

Rezoning 05-REZ-40
TO ADOPT
Motion #1
(Required Council Statement for adopting any zoning amendment)


This proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[vote]

Motion #2
(To amend zoning map)

To adopt the ordinance amending the zoning map by rezoning the area described in the Ordinance from Planned Development District (PDD) to Planned Development District Amendment, with the modifications as set forth in the staff report and applicant’s application submittal and Ordinance.

[vote] 

TO DENY
Motion #1
(Required Council Statement for rejecting any zoning amendment)
 

This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ________________.

[vote]

Motion #2
(To Deny Amendment to Zoning Map)

To deny the ordinance amending the zoning map.

[vote]

8.  Staff Analysis  

A.  Transportation
Existing Roadway Section: 5-lane section on High House Rd., Davis Dr. under construction

Future Roadway Section: 4-lane median divided section (Davis and High House Rd.)

Schedule: Davis Dr. improvements currently underway, High House Rd. unscheduled

Sidewalk Requirements: sidewalk on both sides of Davis Dr. and High House Rd.

Bicycle Requirements: 14’ WOL along Davis Dr. and High House Rd.

Transit Requirements: Bus shelter or pull-out required (Ray Boylston)  

B.     Traffic Impact Analysis 

This development generated a traffic impact study (01-TAR-124) in 2001. This revision will not increase the proposed approved peak hour trips by 20+ trips. As a result, the traffic impact study will remain valid.  

D.  Parks & Greenways Greenways Map

There are no parks or greenways issues related to this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan.  

9.  Reference Information  

Meeting Schedule 

Town Council Public Hearing

Date:  January 12, 2005

Action:  Forward to the Planning and Zoning Board meeting.    

Planning & Zoning Board

Date:  March 20, 2006

Action:  Forward to Town Council with recommendation for approval (10-0).  

Town Council Action

Date:  April 27, 2006  

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s)

Real Estate ID(s)

Area  (Acres)

Bill Sears

Sears Farm, LLC

Cary, NC 27511

0744626216
0744527495
0744525498
0744638111

0068092
0115954
0324353
0110707

63.808
4.635
2.0
4.839

Total Acreage

 

 

75.28

APPLICANT’S JUSTIFICATION STATEMENT (November 28, 2005)
Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary:

The purpose of this zoning amendment is two-fold:  first, to refine and clarify the existing Continuing Care Retirement Community (CCRC) program approved in the spring of 2002 and to incorporate the very latest concepts for enhanced retirement living, and second, to request minor revisions to the village component in order to accommodate additional services complimentary to the CCRC and to the surrounding neighborhood.  

Schools
The school information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.  Note: The residential units at this site are reserved for people aged 62 years and older.

School Information