In Town Limits [ X ] Inside Cary ETJ [ ] Outside Cary ETJ [ ] Annexation Pending [ ]

Conditional use by excluding the following:

Billboards

Bottling Works

Nursing Homes

Tire recapping

Manufacturing

Bus stations

Satellite dish antennas

Radio and television transmission towers

Proposed Use Description:

1. Parcel is proposed to be developed as a neighborhood retail center for goods and services. The center would consist of a primary retail user or "anchor store" and adjoining condominium stores that will be sold to individual owners. In addition to the retail center there may be some outparcels. One of the outparcels is proposed to be located at the intersection of Maynard Road and NC Highway 54. The use is proposed as an automotive service station. In order to enhance this use, tree planting shall be provided inside the property line around the outparcel and orientation of the building and pumps shall be done so that the pumps will not be on the street side.

All of the retail center’s exterior features and outparcel buildings shall conform to the same architectural style. This architecture shall be in keeping with Cary’s emphasis of the community town.

2. Access Points: In order to allow future signalization and adequate traffic movement at the intersection of Maynard Road and NC Highway 54, the main access point to the center off Maynard Road would align with Evans Road. Also, access to the center on NC Highway 54 would be a minimum distance of 400 feet from the intersection of NC Highway 54 and Maynard Road.

Landscaping: Tree planting along the rear of the property will be provided to buffer the adjoining property owners. This planting will be adequate so as to occupy 75% of the vertical plan of view. Interior tree planting shall be provided to visually modify parking areas by having islands with a minimum of 300 square feet of landscaped area for every twenty-(20) spaces. This is a 50% increase over the Town’s code requirements for island planting.

To be developed as Lowe’s Home Improvement Center and sit-down restaurant.

1. Gates will be installed at Garden Center side and lumberyard side to prevent truck traffic circulation after hours. This will be subject to approval by the Fire Marshall and Police Department. See concept Plan for locations

2. Install culvert under main signalized entrance drive for a pedestrian underpass as part of the greenway installation if allowed by the Town of Cary.

3. The architecture will be four-sided. Architectural renderings as submitted will be constructed.

4. Outparcel will be utilized as a sit down restaurant. No drive-through restaurant is permitted. Restaurant architecture will be similar/compatible with the Lowe’s building.

5. The detention pond will have an 8-foot decorative fence.

6. A landscaping/plantings on the Concept Plan will be submitted as part of the PUD approval.

7. Along the eastern property boundary adjacent to the Buckhurst neighborhood (see Concept Plan), the following plant material will be installed:

A double staggered row of evergreen trees such as cypress, cedar, and/or holly will be installed between the parking area and the homes in Buckhurst. The plants shall be spaced a minimum of 10 feet on center and shall be a minimum of 8 feet in height at installation. In addition + 100 loblolly pines at a minimum height of 4 feet will be planted on the disturbed slopes adjacent to the parking area to provide future evergreen canopy.

8. A site lighting plan will be part of the PUD approval. Standards will include but not be limited to:

9. There will be one architectural feature at the corner of the site.

10. Buffers and streetscapes will be provided as shown on the concept plan.

11. There will be no outdoor storage.

12. Outside sales will be limited to those areas indicated on the plan, generally in front of the garden center.

13. Storage height will be limited to 20 feet in the garden center area.

14. No exterior audible beepers/intercoms will be utilized provided there is no OSHAA violation. Battery powered forklifts can be utilized in lieu of propane powered lifts in an effort to reduce noise.

15. The greenway/sidewalk system will be installed as shown on the concept plan.

16. For the restaurant site, there will only be parking on one side adjacent to the road, either the Maynard Road side or the Chapel Hill Road side (refer to Concept Plan).

17. The applicant will strengthen the overall design of the right and back elevations of the home improvement store with additional horizontal and vertical elements like those used on the front (refer to building elevations).

18. The applicant will include a mural(s) or other similar feature(s) along the back of the home improvement store in the areas shown to be brick where typically would be windows along the entrance to a building. Scenes could include typical views into the store via a window etc. The actual solution will be determined at time of site plan approval.

19. As shown on the renderings, the decorative lighting will be incorporated into the site plan.

20. A public art easement at the intersection of Chapel Hill.

PIN 0764091511613 was rezoned from R30 to B2CU in Case Z-391-86-1. Conditions were imposed.

PIN 076419157590 was rezoned from R30, R12, R6, and B3 to PUD in Case Z188-82 PUD.

WATER/SEWER SERVICE

This proposed development has adequate access to existing Town water and sewer systems.

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ X ] No [ ]

A Traffic Impact Study was prepared by the Town of Cary traffic consultant Sear-Brown dated October 2002.

The overall conclusion of this study as summarized below is that "…this development will not degrade operations at the NW Maynard Road traffic signal controlled intersections of James Jackson Road, Chapel Hill Road, and Evans Road assuming the completion of the NW Maynard Road improvements. Overall, Level of Service ‘C’ or better is anticipated at these intersections."

Traffic Impact Study Executive Summary – Sear-Brown - October 2002

This traffic assessment was conducted to evaluate the effects the proposed Lowe’s Shopping Center will have on the adjacent transportation network. The development will be located on the north side of Chapel Hill Road east of NW Maynard Road in the Town of Cary, North Carolina.

The proposed Lowe’s Shopping Center will consist of approximately 134,754 gross square feet of a home improvement store and 5,600 square feet of restaurant. Full Build out of this development is anticipated by the year 2004. An assessment has been conducted for existing conditions (2002), as well as background and future conditions by the year 2004. Approved developments as provided by the Town were incorporated as part of background conditions. Additionally, a 3% per year general growth rate was applied to existing traffic volumes to account for traffic volume growth originating outside of the study area. Roadway improvements planned for the widening of NW Maynard Road were also included.

The proposed Lowe’s Shopping Center is anticipated to generate approximately 422 and 839 new vehicular trips during the weekday Friday and Saturday peak hours, respectively. Pass-By credit was taken on the restaurant trips based on data published by ITE for the Friday period. No pass-by credit was available for a restaurant on a Saturday. Table 1 shows the trip generation breakdown.

134,574 Square Foot Home Improvement Store

5,600 Square Foot Restaurant

The proposed development is located in the Town’s "Central Transportation Zone" with the overall Level of Service ‘F’ and v/c ratio not to exceed 1.25 considered acceptable. Where background conditions have an overall Level of Service below ‘F’ and v/c exceeds 1.25, no drop in overall delay is acceptable for signalized intersections. For unsignalized intersections, the approach should not drop below a Level of Service ‘f’ with a v/c ratio of 1.25 or decrease in delay where the approach is already below the acceptable threshold under background conditions.

Based on these parameters, this development will not degrade operations at the NW Maynard Road traffic signal controlled intersections of James Jackson Road, Chapel Hill Road, and Evans Road assuming the completion of the NW Maynard Road improvements. Overall, Level of Service ‘C’ or better is anticipated at these intersections. Table 2 shows the Level of Service projected at each of the study intersections.

The analysis for the stop sign controlled intersection of NW Maynard Road and Northwood Drive indicates that the side street is experiencing long delays and will continue to do so under background and future conditions. Under future conditions, the accepted threshold of a v/c ratio 1.25 will be exceeded. Signal warrants were reviewed and indicate that a signal might be warranted under existing conditions as well as under background and future conditions. Currently, the side street traffic is relatively low with almost half of that traffic making right turning movements. These right-turning movements would not greatly benefit from the installation of a traffic signal. The proposed development is not expected to add a notable amount of traffic to the minor streets. Therefore, it is recommended this intersection be monitored and evaluated after the reconstruction of NW Maynard Road and when and if projected traffic volumes materialize.

This development will be served by three access points: one on NW Maynard Road forming the fourth leg to the Evans Road intersection, and two access points on Chapel Hill Road (see site plan provided in the appendix). These access points are anticipated to operate at acceptable levels provided the following geometric characteristics are constructed:

• Site Access approach – One left turn lane, one shared through / right turn lane for exiting traffic. The left turn lane should align properly with the left turn lane on Evans Road. As this access is the primary entrance to the plaza, two inbound lanes entering the site are recommended.
• Evans Road approach – should be restriped to provide one left turn lane, one through lane and a right turn lane.
• NW Maynard Road Southbound approach – Reconstruct the center median to provide an exclusive left turn lane.
• NW Maynard Road Northbound approach – No additional geometry is recommended beyond that designated on the site plan as part of the NW Maynard Road construction project.
• The analyses for this intersection was conducted assuming a traffic signal with permissive left turn phasing (No exclusive left turn protection) on the eastbound, westbound and southbound approaches. The Northbound approach was assumed to have a protected left turn phase as exists under existing conditions.
• Modify the traffic signal to include the additional traffic signal heads, detection loops, and signs as necessary.

Due to the proximity of this access point to the NW Maynard Road intersection, the geometric cross section of Chapel Hill Road approaching the intersection, the high probability of queuing from the traffic signal, it is recommended that this access point be restricted to permit right-in/right-out operations only. This access point should be constructed with:

• Curbed median/island on the driveway approach to enforce turn restrictions; and,
• Required signing and striping to enforce such operations should also be provided.

This access should be constructed to provide full access from Chapel Hill Road. Due to the Lowe’s customer loading area being located in close proximity to this access, it is of preference that a full access point be provide at this easterly driveway. This will provide alternative access point for larger vehicles into the facility. The following geometry should be provided at the access point:

• Install a stop sign on the driveway approach to Chapel Hill Road;
• One lane for exiting vehicles and one lane for entering lane should be sufficient for this secondary access; and,
• Chapel Hill Road eastbound approach should be restriped to include an exclusive left turn lane for entering traffic.

‘D’ – Level of Service at traffic signal controlled intersection

‘A’ – Level of Service at stop sign controlled intersection

PEDESTRIAN CIRCULATION

Regardless of the use located on this particular property, the safe movement of pedestrians, bicyclists, and motorists in this general vicinity must be considered due to the mix of uses in this area, including parks, two schools, several churches, greenways, and other uses. This issue has been raised during public debate on this rezoning request. Thus, the Town’s transportation consultant, Sear-Brown, has been commissioned to conduct a special study to assess pedestrian links.

In response to the key question of at-grade vs. grade-separated road crossing(s), this study recommends use of an at-grade, uncontrolled pedestrian crossing (with a staggered crosswalk configuration) on NW Maynard instead of a grade-separated bridge or tunnel connection.

Other key findings include the following:

• Maintain and enhance current intersection crosswalks and pedestrian signal treatments at the Evans Road and Chapel Hill Road intersections.
• Consider posting of a reduced School Speed Zone along NW Maynard Road.
• Encourage pedestrian and bicycle amenities be incorporated in the Evans Road reconstruction project.
• Construct an at-grade uncontrolled crossing at the Godbold Park entrance.
• Monitor conditions (volume and safety) at the crossing to determine if additional supplemental treatments may be required to improve crossing visibility.
• Continue with the construction of Black Creek Greenway Trail and other pedestrian links to enhance the local network.
• Include trail-blazing signs at the Black Creek Greenway Trail to channel users to the safe crossing location.
• Include trail-blazing signs on the Godbold Park property to channel users to the safe crossing location.

• Maintain and enhance current at-grade school crossing at Northwoods Elementary School.
• Monitor at-grade crossing to determine if additional supplemental treatments may enhance this crossing (similar to those treatments documented for NW Maynard Road crossing).
• Encourage the provision of a sidewalk system or trail along the northeast side of Chapel Hill Road.
• Further study should be undertaken of the appropriate crossing of Black Creek Greenway Trail.
• At a minimum, the Black Creek Greenway Trail should have an at-grade crossing at the Chapel Hill/ NW Maynard Road intersection.

• NCDOT’s Greenways Policy and revised Pedestrian Policy should be reviewed for potential funding assistance. These policies provide opportunities for greenway crossings and sidewalks as incidental features of highway projects, if certain conditions are met.
• North Carolina Bicycle Facilities Planning and Design Guidelines and companion videos should be consulted for assistance with public outreach and education associated with pedestrian and bicycle activities.
• The Basics of Bicycling curriculum should be encouraged at the local schools through an annual Safety Education program by the Police Department and Schools should be encouraged.
• Dissemination or enhancement of bicycling and walking maps should be considered.
• Consult the University of North Carolina Highway Safety Research Center (HSRC) – Education and Outreach programs for public outreach assistance.

ENVIRONMENTAL CONSIDERATIONS

The project will be required to address the Nitrogen Removal Ordinance of the Town of Cary. According to available information, there are stream buffers associated with the property.

Analysis: This project meets all the requirements of the Stormwater Section of the Engineering Department.

COMPREHENSIVE PLAN ANALYSIS

1996 LAND USE PLAN AMENDMENT HISTORY: None.

The subject parcels are located within an area designated on the Land Use Plan as a neighborhood activity center (NAC) focused around the intersection of Chapel Hill Road and NW Maynard Road. The Land Use Plan offers guidelines as to what constitutes an appropriate amount of retail space within an NAC, and which types of retailers are envisioned. The key recommendations include:

• Total retail/commercial space should be in the range of about 50,000-100,000 square feet;
• The principal commercial establishment should be a supermarket/grocery store, of no more than about 50,000-60,000 sq. ft.;
• For retailers other than grocery stores, the largest building or tenant space should be no more than about 30,000 sq. ft.; and
• "Big box" retailers like home supply centers are to be avoided.

As part of the Land Development Ordinance (LDO) rewrite, there is a companion revision to the activity center guidelines contained in Chapter 6 of the Land Use Plan. The proposed revision keeps intact the vision and purpose of the NAC but modifies some of the guidelines. The proposed guidelines would accommodate "big box" retailers within NAC’s, provided that the NAC still contains a supermarket/grocery anchor, and that the total nonresidential space is "plus or minus 200,000 sq. ft.," with "roughly equal parts of commercial and office/institutional uses." Maximum building sizes are not given for supermarkets or big box retailers, as long as they meet the overall criteria.

This request for rezoning is accompanied by a Land Use Plan amendment for a Community Activity Center (CAC) in order to accommodate this proposed home improvement retailer. Like for NAC’s, the Land Use Plan offers guidelines as to what constitutes an appropriate amount of retail space within a CAC, and the types of retailers contemplated. For this next level of activity center, the key recommendations include:

• Total retail/commercial space should be in the range of about 150,000-250,000 square feet;
• Commercial establishments can include very large supermarkets/grocery stores, discount retailers, and movie theaters of about 50,000-100,000 sq. ft. in size;
• "Big box" uses like discount retailers (e.g., Wal-Mart and Target) are considered acceptable.

The proposed Land Use Plan revision that accompanies the LDO update modifies some of these guidelines. The proposed guidelines accommodate "big box" retailers within CAC’s, provided that the CAC still contains a supermarket/grocery anchor, and that the total nonresidential space is "plus or minus 500,000 sq. ft.," with "roughly equal parts of commercial and office/institutional uses." Again, maximum building sizes are not given for grocery stores or big box retailers, as long as they meet the overall criteria.

Analysis: Under either the existing Land Use Plan or the proposed revisions to the Plan, the proposed rezoning is not consistent with the recommendations for a neighborhood activity center (NAC). Under the proposed Land Use Plan revisions, a big box tenant is feasible, but only if the activity center can still: (a) include a supermarket/grocery anchor elsewhere within the activity center, and (b) limit the total nonresidential space to "plus or minus 200,000 sq. ft.", while still providing roughly equal amounts of commercial/retail and office space. These conditions likely cannot be met under this rezoning proposal since the square footage of this proposal accounts for nearly 170,000 sq. ft. of this target amount of floor space.

Therefore, in order for the subject rezoning to conform with the Land Use Plan, there are three possible alternatives that staff has evaluated:

1. Upgrade the Current NAC designation to a New CAC (Community Activity Center). The guidelines for a CAC will accommodate sufficient nonresidential space to accommodate the proposed Lowe’s Home Improvement Center. There is sufficient developable land at this location to support a Community Activity Center. Staff analysis indicates that a CAC at this location could support the Lowe’s Home Center, plus: (a) one supermarket-based neighborhood shopping center of about 50,000-100,000 sq. ft. total (likely it would be located in the northwest quadrant of the intersection, the only other quadrant with sufficient land area); (b) a reasonable amount of office/institutional space (100,000-200,000 sq. ft.); and (c) a reasonable amount of high- and medium-density residential space. However, there is insufficient space to accommodate a second "big box" user and still meet the basic expectations of a CAC.

The staff’s preferred approach is to change the NAC to a CAC. This will increase the ability of the town to control future "big box" development in this area, and to encourage the eventual provision of the other components of an activity center – such as higher-density housing, office/employment space, and a neighborhood grocery.

 

Further, to ensure plan compliance, staff recommends that such a Land Use Plan amendment also include a map note containing the following specific recommendations for the remaining quadrants of the activity center: (a) that no additional big box retailers of over 40,000-50,000 square feet should be included on the remaining quadrants; (b) that at least half the total floor space of the northwest and southwest quadrants (taken as a whole) should be for residential uses, and (c) that at least 25-50% of the total nonresidential space on the northwest and southwest quadrants (taken as a whole) should be office/institutional.

This option would restrict the uses and scale of the other properties in the remainder of the activity center. While these other property owners have not necessarily been involved with this rezoning case or this plan change, and may have concerns about the ramifications of such recommendations, such a designation would allow more development and a greater variety of land uses than would be permitted under today’s NAC designation for these properties. Therefore, these property owners’ investment-backed expectations have not necessarily been negatively impacted.

 

2. Remove the activity center designation. The subject site would then simply become a commercial center located outside of an activity center, and there would be no expectation that this intersection area would evolve as a mix of commercial, office/institutional and higher-density residential uses. Staff recommends against this approach.
3. Modify the rezoning. Staff has discussed this option with the applicant, but the applicant prefers to retain the proposed building size and either of the above two plan amendment options, noting the site and design improvements and minimal traffic differences from a smaller footprint. And even with less square footage, there is still debate whether this land use itself meets the guidelines for a neighborhood-scale center.

1. Most of the site is already zoned for commercial uses under the B-2 district, with the existing conditions allowing "a neighborhood retail center for goods and services." These conditions stipulate the presence of a primary anchor store, associated retail tenants, and outparcels (with an automotive service station on one of them). This proposal and new conditions provide more assurance about the type of development that could occur on this property.
2. Under this existing zoning, staff’s comparison suggests that nearly twice the number of peak-hour and average daily trips could occur if this land were developed as a typical shopping center as compared to the home improvement center and sit-down restaurant being proposed.
3. The application accommodates the extensions to the greenway system that is recommended to pass through the site. The applicant is working to accommodate reasonable pedestrian connections and crossings, and is incorporating an innovative pedestrian crossing under the main entrance drive along Maynard Road.
4. The application provides an alternative site design, building articulation, and facade and window treatments on all sides of the main building, so that all sides are finished and there is no "rear" to the building. This is in keeping with Cary’s design guidelines for such structures.

TRANSPORTATION PLANNING

Transit: The Town operates a demand responsive transit service that can serve the subject property.

Pedestrian: Sidewalks are required along both the Maynard Road and Chapel Hill Road frontages.

Bicycle: The Town’s Transportation Plan designates Chapel Hill Road and Maynard Road to have wide outside lanes to facilitate bicycle travel.

Transportation Plan Element: Chapel Hill Road and Maynard Road are designated as thoroughfares on the Town's Comprehensive Transportation Plan. Chapel Hill Road is planned as a 4-lane roadway with landscaped median. Maynard Road, along the applicant's frontage, is planned for 6 lanes with a landscaped median.

Analysis: Staff is in agreement with the conceptual locations of access points. Specific design of the drives, including ensuring adequate sight distance, will be reviewed in detail at time of development plan submittal. Any additional roadway improvements to Maynard Road and Chapel Hill Road, as required by the Traffic Impact Analysis and the Town’s Comprehensive Transportation Plan, will be reviewed in detail at time of development plan submittal.

OPEN SPACE CONSIDERATIONS

The Stephenson parcel (Real ID 0067448) is identified as a high-priority infill open space because of the importance of obtaining a greenway easement for connectivity of the Black Creek Greenway and its adjacency to Godbold Park.

Analysis: Applicant's proposal to locate and construct a public greenway through the site addresses the objective of greenway connectivity.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

Analysis: Staff supports the applicant's proposal to locate and construct the public greenway through the site.

Two public hearings were held by Town Council and an additional hearing was conducted by the Planning & Zoning Board. Some of the issues raised during the public hearings and in other contacts from interested citizens include:

• Traffic, including congestion and truck traffic
• Pedestrian safety
• Compatibility of "big box" development in this location
• Noise
• Need for this type of use to serve residents
• Impact on nearby schools
• Adequacy of buffers
• Crime

The applicant has continued to work with surrounding property owners and staff to address a variety of concerns regarding this 5,600 square foot restaurant and 160,000 square foot home improvement store proposal. In response, numerous conditions that deal with such issues as lighting, outdoor storage, architectural features, noise, landscaping buffers, and streetscapes have been added since the Council’s public hearings. In addition, the building orientation has been altered to locate the home improvement store close to and parallel to Chapel Hill Road instead of to the rear of the site as originally submitted (where the majority of parking would be located in front of the building).

Valid [ ] Invalid [ ] None Filed [ X ]

Road improvements under construction and planned for this area can accommodate the traffic generated from this site as evidenced by the traffic impact study results. In response to the concern about the size of this primary use (approx. 160,000 sq. ft., including about 25,000 sq. ft. in the covered garden center), the applicant provided recent traffic counts at several of its prototypical stores throughout the state that illustrated no significant difference in total traffic in the 120,000 sq. ft. sales floor facility vs. 135,000 sq. ft. sales floors.

The safety of pedestrian and other non-motorized movement will also be taken into account. The applicant is willing to participate in a cost-sharing arrangement to facilitate improved pedestrian crossings near this site, and will locate the on-site greenway in a tunnel under this development’s main access drive off Maynard Road.

Peak traffic generation for this type of use will occur on Saturdays when the nearby middle and elementary schools are not in session. Location of a home improvement retailer in this part of Town will help relieve some traffic pressure on the Crossroads area where two home improvement stores are now located.

While the proposal does not conform to the current Land Use Plan designation for this vicinity as a Neighborhood Activity Center (NAC), changing the plan designation to a CAC (Community Activity Center) and adding plan language to limit the type of development on the other quadrants of the intersection will effectively render this activity center as a special or hybrid center (somewhere between an NAC and a CAC).

Doing so will provide this type of retail land use in another part of Cary, a need that has been expressed by many residents; recognize the nature of the existing conditions in this vicinity; and provide safeguards that the remainder of the area will not develop exclusively in retail or "big box" fashion. To support this position, staff notes that the area already has features and land uses more akin to a CAC, with over 25 acres of land already zoned commercial with no guarantee that it will develop in mixed-use fashion, two existing churches and another one under construction, a middle school (normally expected in community-scale centers), major roadways, railroad & industrial land uses to southwest, and a public park that includes special features like tennis courts and the Town’s only skateboard park (that are extensively lighted after dark).

Open space will be provided on the northern and eastern portions of this site in conjunction with the stream buffers that form the boundaries of this property. The primary reason for this site’s open space resource designation is the important greenway connection that will be provided across this property.

All utility issues have been adequately addressed.

The Engineering Department is satisfied that this proposal will be able to meet stormwater and water quality requirements of the Town.

The dedication of an easement and construction of a greenway through this property adjacent to Maynard Road has been agreed to by the applicant. This will form a key component of the Black Creek greenway system that will ultimately connect Godbold Park to Bond Park.

A significant change to the location of the building on the site as well as the architectural features such as arcades, façade articulation, varying heights, and a variety of materials and colors agreed to by the applicant go a long way to achieve the type of development envisioned in the Town’s Design Guidelines Manual. Notwithstanding these improvements, staff believes that additional work is still needed to achieve the highest level of design compliance if this use is placed in this location. In this regard, the applicant has agreed to the following:

1. reduce the parking on one road frontage adjacent to the restaurant,
2. strengthen the overall design of the right and back elevations of the home improvement store with additional horizontal and vertical elements like those used on the front,
3. addition of a mural(s) or other similar feature(s) along the back of the home improvement store where windows would normally be located,
4. as shown on the renderings, add a condition regarding incorporation of decorative lighting, and
5. provide for a public art easement at the Maynard and Chapel Hill Road intersection.

Extensive stream buffers, supplemental evergreen plantings adjacent to the Buckhurst neighborhood on the east, and protection of pockets of natural tree cover as part of the streetscapes for this project will help minimize external impacts of this proposed development.

The Police Department has researched incidents of crime for similar facilities within the Town of Cary and other surrounding communities, as well as motor vehicle accidents in proximity to such land uses. This indicates that the number of police calls anticipated to occur at a home improvement facility is similar to other commercial centers in town. Available information on reported crimes at a Lowe’s, Home Depot, Target, Kmart and Wal-Mart in Cary show that discount department stores (Target, Kmart, Wal-Mart) had 30 to 70 reported crimes per year, about four times higher than home improvement stores. On average, 10 to 15 reported crimes per year occur at home improvement stores. These reported crimes typically fall in the categories of credit card/ATM fraud, motor vehicle larceny, or shoplifting.

The number of motor vehicle accidents that have occurred around these store locations range from 1 to 2 accidents per 1000 population at "big box" sites with almost 3.5/1000 at Cary Towne Center.

Except for the outdoor display of goods for sale in designated areas as shown on the concept plan, outdoor storage is prohibited; this has been an issue at other similar businesses in Town and the applicant has agreed to limit such activities in response to staff concerns.

STAFF RECOMMENDATION:

After an extensive evaluation of numerous planning, transportation, design, and other considerations, staff offers the following pros and cons concerning this rezoning and plan amendment request:

• Less traffic is generated by this proposed use as compared to an equivalent commercial shopping center use on this particular site.
• Provides for an important greenway trail and protects open space, buffers, and streetscape vegetation.
• Locates the buildings, especially the home improvement center, to address site orientation considerations favored by the Town’s Design Guidelines Manual.
• Adds considerable architectural design features, like four-sided architecture and façade variety.
• Precludes outdoor storage and display of retail goods except for garden center products in designated locations on the site.
• Includes conditions to minimize lighting and noise impacts on surrounding properties.
• Recognizes existing B-2 commercial zoning and strengthens the zoning conditions and requirements on this property.
• Provides for development of an annexed property that has remained undeveloped for many years to enhance the Town’s tax base.

• At a total of 160,000 square feet, the home improvement building does not meet the guidelines of the current land use plan, regardless of whether the area is designated a neighborhood or community activity center.
• A possible "lost opportunity" may occur if this land develops in this fashion and does not fully capitalize on the provision of neighborhood services, such as restaurants, a grocery store, and so forth, which would allow more people to access the site via the greenways, and providing services for adjacent neighborhoods within walking distance.
• Approval of this land use will likely put pressure on the northwest and southwest quadrants of this intersection for similar retail uses and associated traffic impacts.

In conclusion, staff recommends approval of this PUD amendment (02-REZ-19) with modifications to Condition #9 to ensure that a public art easement is dedicated to the Town, and addition of improved site and architectural treatments agreed to by the applicant as follows:

1. reduce the parking on one road frontage adjacent to the restaurant at the intersection,
2. further strengthen the overall design of the "right" and "back" elevations of the home improvement store with additional horizontal and vertical elements like those used on the front,
3. addition of a mural(s), windows, or other similar feature(s) along the back of the home improvement store to add greater interest from the street, and
4. as shown on the renderings, add a condition regarding incorporation of decorative lighting for the entire site.

Staff also recommends approval of the land use plan amendment (02-LPA-11) with the inclusion of the following plan amendment language for this activity center:

1. no additional retailers of over 40,000-50,000 square feet should be included on the remaining quadrants;
2. at least half the total floor space of the northwest and southwest quadrants (taken as a whole) should be for residential uses, and
3. at least 25-50% of the total nonresidential space on the northwest and southwest quadrants (taken as a whole) should be office/institutional.

Final motion (two previous motions failed): Motion by Paul Broderick to forward to Council for denial. Second by Steve Goodridge. Motion passed 5 to 4. Dissenting were Ervin Portman, Carla Sadler, Wally Dawson and Don Hyatt.

Brief summary of dissenting comments: Ramifications of changing the land use plan from a NAC to a CAC; neighborhood impact; and overall traffic congestion in this area.

Mr. Yerha’s power point presentation is attached to and incorporated in these minutes as Exhibit I.

Ms. Dorrel stated she thinks the request deserves approval. She stated she even likes the earlier plan better than the current plan. She appreciates the effort that the developer has made to accommodate the concerns of various neighborhood groups. She thinks the use will be very attractive. She stated many of the comments from people who oppose the request seem to be based more on fear than on fact.

Mr. Roseland sees two policy issues: (1) the rezoning and (2) the land use change. He stated his three signficant concerns pertaining to the rezoning were traffic, pedestrian safety and conversion. He stated the traffic analysis gives evidence that the proposed development will produce ½ of the vehicle trips vs. what can already be built on this site today. He stated the proposed development is a significant improvement to the traffic situation in the area.

Mr. Roseland stated the council approved on the consent agenda a recommendation to move forward and improve pedestrian safety in two ways: (1) an automated crossing between Maynard Road and Godbold Park and (2) additional school zone section on Maynard Road with a reduced speed limit.

Mr. Roseland stated there is always a chance with big box developments if the owner vacates the structure to have an unattractive box that is hard to convert to other uses. He stated the concept plan and building design that is a part of this rezoning ensures the convertability if the worst case scenario occurs.

Mr. Roseland stated the staff has proposed creative recommendations to deal with the land use issue, but he stated there has not been public input on these ideas. He stated the intent of the land use changes is to restrict big boxes on the other quadrants. He stated there has been much confusion with these details in the community, and he would prefer to separate the rezoning and land use issues and to direct staff to spend more time reviewing the land use for the adjacent parcels, with specific guidance that the net change in the land uses equals no new additional trips over what currently exists. He stated staff’s proposed land use recommendations slightly increase the overall trips. He suggested that staff revisit this issue, reduce the overall trips, have public input, and bring it back to council in 90 days.

Mayor Pro Tem Smith stated that safety was an important issue to him, but he feels this has been addressed. He stated he understands the fear that the neighboring homeowners are experiencing. He stated people are concerned that the other quadrants are unresolved. He concurred with Mr. Roseland’s suggestion on how to handle the land use change.

Mr. Weinbrecht complimented Mr. Turner on the excellent design and appearance. He stated the major arguments he heard were increased traffic and other corners being limited with regard to intensity of development. He stated the council will be pressured in the future to allow the other corners to expand into regional uses. He stated he is in favor of a Lowe’s in this portion of Cary, but he feels the site selected for the Lowe’s is a bad location. He stated a shopping center only creates vehicle trips in a small radius. He stated a regional use generates traffic from a much bigger radius. He stated up to 2/3 of the business in Crossroads is from people who do not live in Cary. He stated he feels this proposal, if approved, will result in future problems.

Mrs. Robinson stated she lives in western Cary, and she recognizes the need for big-box development in this area. She stated she appreciates the design elements that Mr. Turner has incorporated in the plan. She stated she struggles with changing the designation from a Neighborhood Activity Center (NAC) to something that will draw people from further distances.

Mrs. Robison stated that the community would love to see this type of facility in western Cary, but she stated the proposed site is not a good fit for the community.

Mr. Roseland stated his intent is to provide public feedback on changing the land use designations on the adjoining parcels. He stated it is not the council’s intent to raise overall traffic intensity greater than what currently is allowed under the current land use conditions. He stated additional time is needed for staff to give examples to the public of what could go on the other parcels. He stated staff’s recommendations to limit the square footage and to have a mix of uses to restrict big-boxes on the other parcels should be a key part of the planning process.

Mayor Lang asked that Mr. Roseland add to his motion that no site plans will be approved on adjacent parcels until the land use issue is resolved.

Mr. Weinbrecht asked if a result of this will be that the last one to develop will suffer. Mrs. Robinson stated the new LDO changes this, and it provides for an overall approach.

Mrs. Robison stated this site needs to be reviewed as a whole – the entire intersection. She is not in favor of approving the rezoning until there is a full review of the whole intersection.

Mayor Pro Tem Smith stated that he feels the proposed Lowe’s will generate local traffic. He stated he feels the topic of "regional" traffic fuels the fear factor, which he believes to be unwarranted. He stated the traffic study shows that a strip mall will produce twice as much traffic as a Lowe’s, will produce more truck traffic at all times of the day, and will result in a greater safety concern. He stated he must base his vote on true data. Mr. Weinbrecht disagreed with Mr. Smith. He stated "fear factor" to him is voting on the lesser of two evils (i.e., if you do not approve the proposal, then you will get something worse).

Mayor Lang stated he thinks distributing the home improvement stores in Cary is better than forcing people to drive to a particular location.

(The Lowe’s PUD document is attached to and incorporated in these minutes as Exhibit J.)

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