06-REZ-33 Silverton PDD Amendment Rezoning Case Data 

Background Information

Existing Zoning:  Planned Development District Major (PDD) Zoning map

Requested Zoning:  PDD Amendment - There is an associated Mixed Use Sketch Plan (06-MU-06) that addresses the general layout of the parcel.  PDD amendment rendering

The developer has proposed the following conditions:  

1.  A 50 foot undisturbed buffer will remain along the rear of the subject property where it abuts Winfair Drive.  The buffer will begin at Evans Road and Winfair Drive and end at the location of the 5 year BMP portion of the subject property across from Pebble Ridge Court and Chancellor’s Ridge.  There will be a landscaped area adjacent to the BMP and Winfair Drive that will meet the Town of Cary’s Type A standard.  

2.  The 50 foot buffer along Winfair Drive beginning at the intersection with Cary Parkway and ending at Pebble Ridge Court will be cleared and replaced as a landscape easement and be re-planted as necessary to comply with Town of Cary approved plant materials.  There will be 2 rows of min. 10’ in height, Thuja Green Giants, planted on the existing incline (approximately 20-30’ into the buffer area from Winfair) spaced to provide an opaque screening of the development.  This will be supplemented with additional landscaping on the Winfair side of the Green Giants.  The re-planting/landscaping will occur shortly after the existing buffer is cleared and graded to allow for screening during construction.  

3.  Multi-family residential building will have exteriors of 70% masonry (brick and/or stone).  

4.  The developer will provide a wall of decorative brick with capstone along the edge of the stormwater detention pond where it abuts Winfair Drive.  The 50’ buffer may be cleared between Pebble Ridge Court and Chancellor’s Ridge Court along Winfair Drive and revegetated with plant material behind the fence.  This fence shall have decorative lighting and the pond itself will have a fountain.

5.  The site will contain a maximum of 153 residential units.  

6.  The street front buffers along Cary Parkway and Evans Road will be 10’ streetscapes to meet the Town of Cary’s Activity Center Design Guidelines.  

7.  Prohibited Uses are:  dormitories, group homes, life care communities, nursing homes, cemeteries, day care centers, governmental offices, public utility stations, utility sub stations, hospital, public athletic fields, clubs, lodges, or halls, radio or television broadcasting studios, electrical facilities, pre-schools, religious assembly, schools, transportation facilities, indoor and outdoor kennels, veterinary hospitals with outdoor kennels, guest houses, hotel or motel, amusement establishments, convenience stores, car washes, auto sales and rentals, sexually oriented businesses, trade schools, vehicle filling stations, vehicle services, telecommunications facility, outdoor storage, and funeral homes.  No drive thru retail businesses, except for pickup/drop off dry-cleaners, banks, coffee shops, ice cream stores, bakeries, drugstores, and freestanding bank ATM machines.  The drive thru will be designed to be incorporated into the building so that the drive thru is not directly adjacent to the Cary Parkway and Evans Road frontage.  No more than two drive thrus will be allowed.  

8.  Speed bumps on Winfair Drive will be replaced by the developer with traffic calming devices at locations to be determined by the Town of Cary.  At least 3 brick crosswalks acting as traffic calming devices will be provided from the existing Silverton residences to the new development.  The location determined by the Town of Cary.  Striping of crosswalks will be provided at Cary Parkway and Evans Road, provided the DOT and Town of Cary will approve.  

9.  Within 10 feet of any retaining wall, any trees lost due to construction of the wall will be replaced with plant materials chosen from the Town of Cary’s approved list of planting materials so that an opaque buffer is maintained.  

10.  The developer will maintain the landscape and grass along Winfair Drive from the back-of-curb to the edge of the 50 foot buffer; in areas where a slope exists, a groundcover will be planted to stabilize the bank and eliminate erosion.  

11.  The developer shall implement a Stormwater retention/BMP that handles runoff on the property for a 5 year intensity storm.  The post development run-off from the site will be equivalent to the Pre development run-off based on the 5 year intensity storm.    

12.  The developer shall add a landscaped island/median on Winfair Drive at Cary Parkway with the approval from the Town of Cary Engineering Department.  The Silverton Homeowners Association will provide the neighborhood sign and the Master sign plan amendments to the Town of Cary for “Silver Oaks of Silverton”.  The sign shall be similar in size and appearance to the existing island at the entrance of Cary Parkway/Evans Road.  

13.  There shall be no construction traffic or construction parking on Winfair Drive unless the construction entails work on or adjacent to Winfair Drive, i.e. installing traffic calming devices, sidewalk, landscaping, storm water, etc.  A temporary construction access road will be constructed with access from Cary Parkway or Evans Road for all construction related vehicles.  

Land Use Plan Designation:  Land use map
The subject parcels are located within the mixed-use Silverton Neighborhood ActivityCenter, which encompasses all four quadrants around the intersection of Evans Road and NW Cary Parkway.  (A neighborhood activity center is intended to include a balanced mix of commercial, office/institutional, and residential uses at moderate-to-high densities.)     

Acreage:  19.23± calculated (18.83 deeded)  

Location:  Vicinity map
The property is located in the southeastern corner of the intersection of NW Cary Parkway with Evans Road.  The subject parcels are bounded to the south by Winfair Drive.  

Applicant: 

Paul Rizzardi, Singh Development

5001 Weston Parkway, Suite 106

Cary, NC  27513

(919) 677-1700

Rizzardi@singhmail.com  

Applicant’s Contact Person:  

JW Shearin, Elam, Todd, d’Ambrosi (ETd)

2880 Slater Road, Suite 200

Morrisville, NC 27560

(919) 481-2021

jwshearin@etdpa.com  

Town of Cary Case Manager:

Kevin A. Hales, Planner II

316 North Academy Street

Cary, NC  27513

(919) 462-3944

kevin.hales@townofcary.org  

Summary of Requested Rezoning  

Transportation

Evans Road:

Existing Roadway Section:  4-to 5-lanes, right of way (ROW) width varies

Future Roadway Section:  6-lane median divided, 124’ ROW

Schedule:  N/A

Sidewalk Requirements:  required on both sides

Bicycle Requirements:  14’ wide outside lane required

Transit Requirements:  None  

Cary Parkway:

Existing Roadway Section:  4-lane median divided, 110’ right of way (ROW)

Future Roadway Section:  4-lane median divided, 110’ ROW

Schedule:  N/A

Sidewalk Requirements:  required on both sides

Bicycle Requirements:  14’ wide outside lane required

Transit Requirements:  None  

B.  Traffic Impact Analysis:  A draft traffic impact study has been prepared by town traffic consultant, Wilbur Smith and Associates. 

C.  Parks & Greenways:  Greenways and trails map
A payment-in-lieu will be required for any subdivided residential development. 

Reference Information  

Meeting Schedule:

Town Council Public Hearing

Date:  January 11, 2007  

Planning & Zoning Board:

Date:  March 19, 2007  

Town Council Action:

Date:  April 12 or 26, 2007  

Applicant’s Justification Statement Submitted (11/27/2006)

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:  

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:  

1.  Any issues with the size of the tract?  

There are no issues with the size of the tract.  

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?  

The Comprehensive Plan calls for Commercial with a Neighborhood Activity Center.  This request is adhering to the Comprehensive Plan by providing all components of a Neighborhood Activity Center.  By definition, activity centers contain the highest concentration of activities in the core area with a gradual transition out towards lower density uses.  This is evident in the project design where the proposed commercial uses on the tract are located on the front of the tract adjacent to major thoroughfares and the townhomes provide an excellent transition between those uses and the existing neighborhood along Winfair Drive.  

3.  What are the benefits and detriments to the owner, neighbors and the community?  

The Neighborhood Activity center gives the owner an ample tool to produce an appropriate development.  Existing residents will be provided with services and entertainment within walking distance.  Silverton will still be preserved as an established neighborhood through landscaped natural buffers.  Stormwater management will exceed code requirements and the quality of his development will make this corner a vibrant part of Silverton.  

4.  How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the use currently present on adjoining tracts?  

Neighborhood Activity Centers were created to support the surrounding neighborhood.  The build out of this project will provide services to the existing neighbors in the manner that NACs are meant to function.  The townhomes included in this project provide another housing option for the Silverton PDD and provide a transition between the commercial and existing residential.  

5.  What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified?  (PDD, new or amended)  Applicants must list these items and/or clearly highlight them within the Planned Development Document.  

The Silverton PDD was created prior to the introduction of Activity Centers.  Originally, a 30’ buffer was put in place on the subject parcel along Cary Parkway as well as Evans Road.  However, the Town of Cary Activity Center Guidelines clearly state “limit using buffers to separate neighborhood scale commercial and office uses from residential uses.”  Therefore, a PDD amendment is justified in order to bring this parcel into compliance with Activity Center Guidelines.  

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

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2005-2006 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development. 

*The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors.  For example:  a development consisting of all single bedroom units could contribute as few as 3 students to the school system, while a development of mainly 3 bedroom units would contribute 115 students.  The basis for making this calculation is based on multipliers provided by the Wake County Schools Office of Student Assignment.  During the rezoning process, student yield can not be accurately determined due to unknown variables.  

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, stormwater 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.