Background

On May 8, 2003 , Town Council approved the rezoning of the northeast quadrant of the intersection of NW Maynard and Chapel Hill Roads for a Lowe's Home Improvement Center and a restaurant (case 02-REZ-19). As part of their motion in approving that rezoning case, the Town Council directed the town staff to update the recommendations of the Land Use Plan for how the balance of this activity center (i.e., the other quadrants of the intersection) should develop over time.   

In the motion to approve rezoning case 02-REZ-19, Council directed that (a) the Land Use Plan for the area should retain the existing Land Use Plan designation as a neighborhood activity center, and (b) that the overall level of traffic associated with future development within this activity center should not exceed the level that might reasonably have been expected for this neighborhood activity center, prior to the rezoning of the northeast quadrant for the Lowe’s Home Improvement Center.

Public Involvement

Staff held two community open houses for this project.  At the first open house on July 9, 2003 , the public was invited to view and comment on several initial draft scenarios.  A final draft scenario was presented for public comment at the second open house on August 20^th.  Over 60 citizens attended the first open house, and over 71 attended the second open house.  Each open house was publicized via almost 300 direct-mail invitations sent to property owners and residents in the area, in addition to advertisements in The Cary News and on the Town’s web site. 

In response to public comments at the first open house, staff selected and revised a plan scenario that removed high density residential uses from the activity center, and created a low density residential transition adjacent to the Bud El Acres/Lake Drive subdivisions.

Plan Recommendation

The proposed amendment to the Land Use Plan provides detailed recommendations for the preferred arrangement of individual land uses within the mixed-use neighborhood activity center that has been designated at this location.  The activity center covers a total of almost 126 acres, as shown on the map of the proposed plan amendment.  Highlights of the plan amendment include:

·       The plan recognizes and reflects existing nonresidential zoning within the activity center (i.e., the plan does not recommend any “down-zonings”).  Thus, the recommendations for all properties east of NW Maynard and Evans Roads reflect the uses currently conferred by the existing nonresidential zoning.

·       For the northwest quadrant of the intersection of NW Maynard and Evans Roads, the plan recommends a mix of commercial, office, institutional, and medium and low density residential uses.

·       For the southwest quadrant of the intersection of NW Maynard and Evans Roads, the plan recommends either medium density residential or office uses (or a combination of both).

·       The recommended pattern of uses has been structured to ensure that overall traffic impacts from the entire activity center do not exceed 12,900 ADT (Average Daily Trips) on weekdays, and 13,500 ADT on Saturdays.

·       A local connector road is recommended linking Evans Road and Chapel Hill Road across the northwest quadrant of the activity center.

·       Recommendations for multi-use paths and greenways are specified.

·       The plan includes site and building design recommendations.

Key Issues

Through the public open house process, numerous issues were raised by citizens.  Key issues include the following:

1)      Traffic and drive-through uses.  Numerous citizens expressed concerns about potential traffic impacts.  Three citizens expressed concerns with drive-through uses, while other citizens and land owners favored drive-through uses.  The proposed plan amendment addresses these concerns in several ways:

a)      The “Purpose and Intent” section of the amendment describes the overall “daily trip budget” for the activity center, and requires that future Activity Center Concept Plans conform with the trip budget.  This ensures that overall traffic impacts are limited, regardless of whether or not future Activity Center Concept Plans include drive-through uses.

b)      For the mixed-use portion of the activity center, the plan states that stand-alone commercial uses (such as drive-through fast-food restaurants on outparcels) should be discouraged if they cannot be effectively integrated into the overall site design.  The plan further states that “high-volume drive-through uses...should be limited and evaluated on a case-by-case basis, to ensure compatibility with a neighborhood activity center.”

c)      The plan requires conformance with Cary’s Design Guidelines Manual, which will control the visual impacts of drive-through uses.

Staff advises against prohibiting drive-through uses in this Land Use Plan amendment, for several reasons.  First, these uses can be more effectively addressed during later review of Activity Center Concept Plans (ACCP’s) or development plans.  Second, not all types of drive-through uses can rationally be excluded on the basis of perceived traffic impacts, since for some uses the drive-through component causes only negligible impacts.

2)      Building height and design.  For the second open house, staff presented two photo simulations of different types of hypothetical developments on the northwest quadrant of the activity center, in order to explore citizen preferences for styles of future development.  One photo simulation depicts a mixed-use development similar in design to Saltbox Village, with 1-2 story buildings with pitched roofs and residential design elements.  The other photo simulation depicts a mixed-use development similar to The Arboretum, with 2-3 story buildings.

In a non-scientific poll at the open house, respondents expressed a preference for the Saltbox Village style of development (by about a 2-to-1 margin).  Several respondents also indicated their preference for 1 or 2 story buildings only. 

The plan amendment addresses these concerns by specifying that development conform with Cary ’s Design Guidelines Manual, which has specific requirements for transitions and architectural compatibility between neighboring uses.  The amendment also notes that “nonresidential buildings should be limited in height to 3 stories,” and that the height of individual buildings should be “compatible with adjacent or nearby residences.”  In order to encourage creative design proposals, staff does not see a need to include additional restrictions on architectural styles or building heights.  Staff feels that these issues can be more effectively addressed during review of specific Activity Center Concept Plan or development plan proposals.

3)      Mix of uses.  Some citizens oppose the inclusion of any additional commercial or office space in the activity center, while other citizens and land owners would like more commercial space than is recommended in the proposal.  Staff feels that the proposal provides a balanced mix of uses while achieving the overall traffic impact goals and maintaining the area as a neighborhood activity center.

4)      Lake Drive connection.  Residents at the eastern end of Lake Drive object to the proposed connection of Lake Drive to a proposed connector road between Evans and Chapel Hill Roads.  Other residents in Bud El Acres support the connection.  Staff feels the connection is necessary.  The extension of Lake Drive is already an approved zoning requirement.  Also, with the eventual widening of Chapel Hill Road to a multi-lane median-divided roadway, it will eventually become very difficult (or impossible) for Lake and Woodland Drive residents to make left turns out onto Chapel Hill Road, heading eastward.  At that point, the extension of Lake Drive will provide an alternative for eastward travel.

Public Hearing Comments and Staff Response

At the public hearing, three citizens spoke, raising the following concerns: 

 Recommended Changes to the Proposal

As noted above, staff does not feel that any changes are necessary to respond to comments from the public hearing.  However, following the public hearing, staff has had continued discussions with representatives from Mt. Zion Missionary Baptist Church, which owns approximately 23 of the 36 developable acres on the northwest quadrant of the study area.   Mt. Zion Church would like to use the northern third of their property to build a church.  The Land Use Plan amendment designates the northern third of this area for “Low Density Residential” development.  Historically, staff has considered institutional uses such as places of worship and schools to be acceptable uses within areas designated as residential on the Land Use Plan.  However, to avoid any possible confusion in future interpretation of this plan, staff recommends that this be explicitly stated in the plan amendment.  Accordingly, staff recommends that the following text be added to the end of Note #3 (which applies to the Low Density Residential area) on the plan amendment:

“Certain public and institutional uses, such as churches and schools, may also be acceptable within this area, as provided for in the Land Development Ordinance for comparable residential zoning districts.”