HOLIDAY RETIREMENT RESIDENCE 02-REZ-03/LPA-01

(1)

02-REZ-03/02-LPA-01 Staff Contact: Suzanne Prince

Ph: (919) 462-3944 [email protected]

TOWN OF CARY

REQUEST FOR REZONING / LAND USE PLAN AMENDMENT TOWN COUNCIL IMPACT STATEMENT (July 11, 2002)

HOLIDAY RETIREMENT RESIDENCE 02-REZ-03/LPA-01

PETITIONER PROPERTY OWNER

Curry Brandaw Architects Attention: Kristin Newland 2601 25^th Street, SE Suite 300 Salem, OR 97302

503/399-1090 Fax: 503/399-0565

E-mail: [email protected]

Dorothy & Franklin Johnson 10820 Penny Road

Raleigh, NC 27606-9116

LOCATION: 10820 Penny Road, Raleigh, NC

MAPS: Vicinity Map - Small Vicinity Map – Large

Conceptual Landscape Plan Conceptual Site Plan

Conceptual Site Plan Amended 5/30/02 Conceptual Site View

Penny Road View Rose Point View Zoning Map Aerial Map

Land Use Plan Map Stream Buffers Town Council Vicinity Open Space

Site Layout

In Town Limits [ ] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ X ]

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING: Wednesday, April 24, 2002 PLANNING & ZONING BOARD: June 17, 2002

TOWN COUNCIL: July 11, 2002

PARCEL INFORMATION

Parcel # Realid # Area

0761066098 0010243 11.47 acres

(2)

REZONING DATA

CURRENT PROPOSED

Zoning: Residential-40 (R40) Residential-40 Planned Unit Development (PUD)

Overlay District: N/A N/A

Land Use: Residential Retirement Community

REZONING CONDITIONS

CURRENT PROPOSED

None Proposed retirement residence consisting of a maximum of 115 unit suites. Changes made since public hearing include the following (see revised conceptual plan for additional details):

 There will be a cul-de-sac with gated emergency access to Rose Point Drive.

 Right turn only out of the site onto Penny Road but with left turns allowed into the site from Penny Road.

 Pedestrian accesses have been provided to the school site; to an adjoining trail at the rear of the site; and to the cul-de-sac that connects to Rose Point Drive.

 The building will be designed with a combination of brick and hardi-plank cement board siding.

 Setbacks indicating a minimum setback are listed on the conceptual plan.

SITE DATA

DESIGN GUIDELINES

Staff has reviewed the Design Review Guidelines with the applicant and their proposal to install Hardiplank Cement Board with an equal combination of brick is appropriate. Staff has analyzed the proposed minimum setbacks and would like the applicant to consider specifying a general range for the front, rear and side setbacks. This will allow flexibility during the design stage of the project.

WATER/SEWER SERVICE

Staff Remarks: The proposed development meets all Town of Cary utility requirements.

(3)

TRANSPORTATION Traffic Impact Analysis Required: Yes [ ] No [ x]

Residential Retirement Community of 115 DU’s during the AM peak hour will generate 20 trips and the PM peak hour will generate 31 trips.

Per the Town’s Thoroughfare Plan, Penny Road is designated to have an ultimate 76’ back-to-back cross-section centered within a 98’ right-of-way. The 76’ back-to-back section consists of 2 lanes in each direction (12’ inside lanes and 14’ outside lanes) with a 16’ center landscaped median. The developer is responsible for ½ street improvements along the project frontage.

Initially, Town Staff proposed access onto Penny Road to be limited to a right-in/right-out only movement due to close proximity to the existing Penny Road Elementary School driveway and existing Magnolia Woods Drive. A raised median would be required in Penny Road to limit the drives’ movements to right- in/right-out only. In further discussion with the applicant, staff feels that there is a possibility of allowing a

“left-in” movement as well, but this must ultimately be approved by NCDOT. The applicant has added a note to the PUD document, which states that “the project reserves the right to have a left turn into the driveway from Penny Road subject to approval by governing authorities”. Engineering staff supports this statement.

Staff initially advised the applicant that Rose Point Drive could not be left as a dead-end street. A connection needs to be made to provide another access point to the proposed retirement community.

The Town’s Fire Department supported this requirement, as well, due to emergency access concerns and the requirement to have access to at least two sides of the building. Staff met with the applicant to review this requirement further. The applicant has revised the plan to show Rose Point Drive ending as a cul-de-sac with a gated fire access off of it. Engineering staff and Fire Department staff support this design.

ENVIRONMENTAL CONSIDERATIONS

This project has addressed all of the stormwater requirements of the Town of Cary.

ADJACENT ZONING AND LAND USES

Zoning: Land Use:

North: Residential-40 Residential-12 PUD

Elementary School

Regency Park Planned Unit Development

South: Residential (Wake County) Windsor Oaks

Penny Road

East: Residential-40 Magnolia Woods Subdivision

West: Residential-40 Elementary School

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT PROPOSED

Plan Designation: Low Density Residential High Density Residential

Alternate Designation: None No Change

Activity Center: None No Change

(4)

LAND USE PLAN

The general neighborhood is identified in the Land Use Plan as low-density residential single family detached 1-3 units per acre. This proposal is for a life care community/ retirement home, which does not fall neatly into the plan’s land use categories. However, as with other uses such as schools, the Plan acknowledges it is nearly impossible to pre-select appropriate sites for the full range of land uses. In such cases an undefined or use with extraordinary characteristics is considered in accord with the general spirit and intent of the Plan and subject to consideration of compatibility with design guidelines.

Considerations that apply are how the proposal satisfies residential compatibility, access and traffic generation, and impact of the buildings and connectivity to the community.

In this case:

 Buildings are sited to minimize visual and environmental impacts and create a sense of place,

 The impacts such as noise and traffic generation associated with the characteristics of the intended occupants and the operation of the use are normally low.

 The layout includes a pedestrian access through the site from the Magnolia Woods subdivision to the school.

 In addition to the primary access off Penny road, the layout provides a cul-de-sac with an emergency vehicular connection from Rose Point Drive in the Magnolia Woods subdivision.

OPEN SPACE CONSIDERATIONS

Open Space Historic Resources Plan (OSHRP) identifies bottomland hardwood forests in proximity of lake in the northern section of the parcel. Preservation of the riparian buffers will ensure that these resources are protected.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN None

(5)

STAFF ANALYSIS Changes Since Public Hearing:

The changes made since the public hearing are listed above under “proposed rezoning conditions.”

Protest Petition Information:

Valid [ ] Invalid [ ] None Filed [x]

Analysis:

At the public hearing for this rezoning request the issue concerning access from this site to the stub at Rose Point Drive was raised. The adjoining property owners and the applicant requested that a connection not be required from this site to Rose Point Drive. Staff met with the applicant to review concerns relative to emergency access. Staff feels that this issue has now been adequately addressed.

With the evaluation of the above issues staff has identified a list of pros and cons concerning this request.

Pros

 A Cul-de-sac for emergency access has been provided between this site and Magnolia Woods subdivision.

 This proposal includes a right turn only from this site to Penny Road.

 This plan is consistent with the requirements of the Design Review Guidelines.

 The proposed development meets the Town of Cary utility requirements.

 This use is a low traffic generator.

 All stormwater requirements have been addressed.

 Trails providing pedestrian access have been provided.

Cons

 The Open Space Historic Resource Plan has not been met with respect to preserving vegetation in the Riparian Buffers adjacent to the Pond area.

 Minimum setbacks imposed by the applicant limit flexibility with respect to site design.

 A land use plan amendment is needed.

Staff feels that the applicant has addressed many of the issues raised with respect to this rezoning request. Staff is still however concerned about encroachment into the riparian buffer area and the conservation of significant trees as defined in the Open Space Plan. Based on these concerns, staff recommends approval of this request with the added condition that there be no encroachment or grading of the riparian buffer area.

STAFF RECOMMENDATION

Staff recommends approval with the added condition that there be no encroachment or grading into the riparian buffer area. Staff recommends adjusting the building setbacks in order to stay out of the riparian buffer.

(6)

PLANNING BOARD RECOMMENDATION 6/17/02 Planning Board recommends approval with the following added conditions:

1) That staff’s recommendation to accommodate moving the building approximately 20 feet forward and there be no encroachment into the grading of the riparian buffer and preserve the special trees as discussed.

2) That the conceptual rendering submitted be adhered to at the greatest extent possible, and that the current proposed 170 foot buffer minimum setback be removed to accommodate the 20 foot move.

3) Removing the wording in the conceptual plan that states, "Right Reserved to Reduce Required Landscape Buffer by 50% Adjacent to School".

TOWN COUNCIL 7/11/02 Council voted to approve.

Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2002cases/2002index.htm