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					                                                           2006-063 BS Grace Park Mixed Use Project.doc



                                                                                    TAB M Version #3

                Briefing Sheet
Lead                 Planning              Action            Rodney Wadkins/Senior Planner
Department:                                Officer:

Subject: Adopt Ordinance 2006-063 Approving Zoning Map Amendment for the Grace Park
Development, which includes the rezoning, a preliminary subdivision plat and a site plan; and adopt
Resolution 2006-063 approving the Consistency Statement

Action Requested:          Adopt Ordinance 2006-063 and Resolution 2006-063



Planning and Zoning Board Review

                                  Public
                                                        Yes      No
Review:     March 9, 2006         Comment                               Action:    April 13, 2006
                                                      April 13, 2006
                                  Session:



Board of Commissioners Review

Briefing:   May 8, 2006         Public           Yes     No             Action:    June 26, 2006
                                Hearing:       May 22, 2006

Expedite less than 30 days:           Yes X No
If yes, explain rationale:



Executive Summary:          Act on Ordinance 2006-063 rezoning 23.116 acres from General
Business – Conditional Use (GB-CU) to Mixed Use (MU). A public comment session at the
Planning and Zoning Board meeting and a public hearing at the Board of Commissioners meeting
are required per Part D, Article II, Section 6 of the Zoning Ordinance.

Background:         Owner:              KEP Morrisville Realty

                    Developer:          EYC Companies

                    Pin:                0745-53-7880

                    Location:           Northeast corner of the Morrisville-Carpenter Road and
                                        Davis Drive intersection (Lot #9 of the Davis Commons
                                        Shopping Center)

                    Project Type:       Retail, Office and Residential (Townhouse,
                                                     1
                                                 2006-063 BS Grace Park Mixed Use Project.doc

                                Condominium, Brownstone and Flats (above the
                                retail/office).

              Residential Uses/Units:
                     Residential – Townhouse (Buildings 8 - 17):  52 units
                     Residential – Brownstone (Buildings 3 & 4): 10 units
                     Residential – Condominium (Building 7):      24 units
                     Residential – Flat (Buildings 1 - 6):        94 units
                     Residential Total:                          180 units

              Office/Retail/Restaurant Square Feet:        42,880 square feet

              Total Square
              Footage:            254,704 square feet

              Parcel Size:      23.116 acres

              Setbacks:         There are no minimum setbacks in the Mixed Use
                                District

              Impervious
              Surface:          53.36%

              Current Zoning: General Business – Conditional Use (GB-CU)
              Proposed Zoning: Mixed Use (MU)

              Land Use
              Designation:       Mixed Use

              Surrounding Zoning/Land Use:
                             North: Town of Cary – Twin Lakes Residential
                                    Development
                             South: General Business (GB)/Morrisville Market
                                    Shopping Center
                             East: Residential-8(R-8)/Addison Park Subdivision
                             West: Mixed Use (MU)/Tribek Shopping Center
Background:                         (recently approved)

              On January 14, 2002, the parcel now proposed as Grace Park was approved
              as a portion of the Davis Commons Shopping Center, which included a
              grocery store and shops. Originally, the Davis Commons Shopping Center
              was approved with 231,318 square feet of retail space including estimates
              for outparcels.
              The eight (8) retail outparcels (Lots #1-8) will remain General Business –
              Conditional Use (GB-CU) with Lot #9 proposed for the Grace Park
              development.
              Currently, Pristine Auto Spa and the Starbucks building are the only
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                                               2006-063 BS Grace Park Mixed Use Project.doc

            structures on the site. A gas station has been approved but not constructed
            for Outparcel #3, and a Bank is currently under review for Outparcel #4.


            Subdivision
            Because this project involves townhouse units and public roads with right-
Site Plan   of-way, it requires a subdivision (Sheet C3). The preliminary subdivision
Features:   plat complies with the requirements of the Town Subdivision Ordinance.

            Site Access
            Three entrances currently exist off Morrisville-Carpenter Road with the
            westernmost entrance a right-in only. An existing entrance is located off
            Davis Drive. Finally, two entrances are proposed off Davis Commons
            Drive on the northern portion of the site. Davis Commons Drive is
            proposed to be signalized at Davis Drive.

            Streets/Alleys/Drives
            The developer proposes a combination of public streets, private alleys and
            private drive aisles with two (2) traffic calming roundabouts. The
            roundabouts have been tested with a turning movement template to verify
            that large vehicles (moving vans, fire trucks, etc.) could maneuver around
            them.

            Parking
            The developer is proposing angled parking in front of the commercial uses
            with garage and overflow parking behind the buildings to serve the
            employees, residences and guests. The townhouse units will be accessed
            via private alleys, which also have overflow parking and garages.

            Additionally, the developer has enough parking spaces to allow the retail
            buildings outdoor seating. The developer is proposing 649 parking spaces,
            which exceed the required amount of parking (See Sheet SD2.1 for the
            parking calculations).

            Sidewalks
            The developer is proposing minimum five (5) foot concrete internal
            sidewalks throughout the development, which will provide good pedestrian
            interconnectivity, a key element of the Mixed Use District. Additionally,
            item #12 of the Architectural Design Guidelines encourages the use of
            brick pavers, colored concrete or colored asphalt for all walkways. A
            contrasting paving material is required for all crosswalks across vehicular
            ways for pedestrian safety.

            The developer is also responsible for construction of the eight (8) foot
            concrete sidewalk parallel to Morrisville-Carpenter Road where the lot
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                                   2006-063 BS Grace Park Mixed Use Project.doc

abuts the road.

Lighting
The developer is proposing full cut-off shoebox fixtures on thirty (30) foot
poles in the residential portion of the development and Mitchell with tophat
fixtures lining the commercial portion of the site. For fixtures attached
directly to the building, the developer is proposing fixtures designed to
illuminate signage, building features, and walkways with the light source
not directly visible to passers-by.

Acreage Fees
Effective April 3, 2006, all fees associated with water and sewer will be
collected by the Town of Cary as part of its development fees.
Additionally, the developer prepaid acreage fees for a portion of the
proposed Grace Park development and will be given a credit toward the
Town of Cary development fee.

Parkland Payment-In-Lieu
The developer proposes a payment-in-lieu of dedication for public
parkland. Additionally, per a zoning condition with the original approval,
the developer is required to dedicate the land that the greenway occupies.

The developer has stated his intention to construct the greenway, which
will be credited toward the parkland-payment-in-lieu. The developer will
work with the Morrisville Parks and Recreation Department to create a
contract in order to receive reimbursement for the greenway construction.
Additionally, the final location and details will be finalized during the
Construction Drawing review process.

Landscaping and Buffering
The developer is proposing a twenty (20) foot perimeter buffer to the north
and a twenty (20) foot streetyard along Davis Commons Drive. The
numbers of plantings proposed in both buffers comply with the Zoning
Ordinance.
The developer is proposing to use planters and tree planting areas to meet
the foundation planting requirements along the frontage of Buildings 1, 2,
3, 4, 5, and 6. This request satisfies the foundation planting requirement
set forth in the Zoning Ordinance.
The proposed vehicle use area (VUA) plantings comply with the current
Landscape Ordinance. Additionally, the plantings proposed along the front
and rear of the townhouses complies with the Zoning Ordinance.

Transportation/Road Improvements
Based on the original Traffic Impact Analysis (TIA) for the Davis
Commons shopping center, road improvements made for the original Davis
                               4
                                                      2006-063 BS Grace Park Mixed Use Project.doc

                  Commons have been completed and will support the proposed Grace Park
                  development without any additional road improvements. Additionally,
                  with the change of use the number of vehicle trips per day will decrease
                  (Exhibit 3). According to Exhibit 3, total Daily Weekday trips will be
                  twenty-eight (28) percent less than the original.
                  However, the original Davis Commons developer, KEP Morrisville Realty,
                  was required to construct off-site improvements along Morrisville-
                  Carpenter Road before the first Certificate of Occupancy (CO) was issued
                  for Phase II. However, since that time much of Morrisville-Carpenter
                  Road has been widened and now Grace Park is proposed to replace Phase
                  II of Davis Commons. Therefore, a revised condition reflecting the intent
                  of the original condition is recommended as part of the Grace Park
                  development as the trigger for the off-site road improvement along the
                  frontage of the Progress Energy property.
                  The Tribek project TIA recommended a traffic signal at the intersection of
                  Davis Drive and Davis Commons Drive and is a requirement of the Tribek
                  approval. Staff believes the Grace Park developer should contribute to the
                  installation of a future signal at the intersection of Davis Drive and Davis
                  Commons Drive.
                  Variance Request
                  The developer is requesting several variances from Town standards per
                  Article I, Section 8 of the Subdivision Ordinance (Exhibit 2), which
                  includes reducing the road right-of-way width and reducing the curve radii.
                  With a reduced right-of-way width, the developer proposes signage along
                  one side of the road with “No Parking” to alleviate any problems. The
                  Planning Department supports the requests due to the nature of the
                  development.

                  Elevations
                  The developer is proposing predominately masonry structures with stucco
                  accenting for the commercial buildings. The residential structures will be
                  composed of brick and cementitious siding (See Sheets A6.1 thru A6.3) and
                  the proposed Grace Park Architectural Guidelines (Exhibit 1).


Additional Information:         This rezoning and the associated site plan were submitted as part of
the Mixed Use District which was adopted by the Board of Commissioners on June 27, 2005 (ORD
2005-063). The Mixed Use District “is intended to encourage high quality design and the
innovative arrangement of buildings, uses and open space throughout the project.” This district also
“provides substantial flexibility from the conventional use, dimensional requirements, and
development standards of the general districts.”

As proposed, the overall design of the structures, including layout, materials, and mixing uses and
parking, meets the standards and intent of the Mixed Use District.

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                                                     2006-063 BS Grace Park Mixed Use Project.doc

Per the Mixed Use District, the developer will submit sign guidelines at a later date. The developer
meets the standards set forth in Section 2 (Mix of Uses), Section 3 (Size), Section 6 (Development
Standards and Requirements), and Section 7 (Traffic Impact Study).

Consistency Statement:
Land Use Plan (1999): Relevant goals of the Land Use Plan include the following: Goal 2.3.2 -
Attracting/locating commercial services to serve town’s growing residential and daytime employee
population” Goal 2.4.2 - “Addressing traffic congestion/safety on streets and thoroughfares;
providing alternative modes of transportation – mass transit station and pedestrian/bicycle
connections.” Goal 2.4.3 – “Providing recreational opportunities with greenway/pedestrian
connections between residential neighborhoods, employment centers and park sites.” The proposed
mixed use district meets these goals. The project proposes to minimize lighting onto adjacent
residential properties, provides services for the growing residential and commuter population,
addresses congestion by mixing the residential and retail components to capture more trips on-site,
and adds another section of greenway north from Morrisville-Carpenter Road.

Transportation Plan (2002): This development has already added lanes along Morrisville-
Carpenter Road and Davis Drive to satisfy requirements of the original approval.
Parks, Recreation, Greenways, and Open Space Plan (2002): See 2001 Greenways Plan below.
Greenways Plan (2001): The plan identifies a greenway northward from Morrisville-Carpenter
Road on the easternmost portion of the site in the stormwater detention area, which the developer is
showing on the Site Plan.
CORE Pedestrian, Bicycle, and Green Space Plan (2005): This plan identifies this segment of
Davis Drive as requiring a sidewalk. Outparcels will require the sidewalk along Davis Drive with
their development.
Hazard Mitigation Plan (2004): The Hazard Mitigation Plan does not designate this area as
undevelopable or prone to flooding.

Planning and Zoning Board Minutes: (March 9, 2006)
       Senior Planner Rodney Wadkins presented the item, noting this was the site of the former
       “Davis Commons” development. A mixed use project request incorporates all plans at one
       time (rezoning, site plan and subdivision); the existing out parcels that have been built
       would remain and be included in the project. The developer was proposing a mix of
       residential, office and retail. He noted that with approval of the original Davis Commons
       project, all road improvements had to be completed. The developer has prepared a revised
       traffic report for this project which reflected the change to mixed use and would actually
       decrease the load of daily traffic by 28%. The developer was proposing 180 residential units,
       which would be divided among flats above the retail shops, brownstone-type units and one
       condominium building located in the center of the development. The Townhomes would
       have garages and overflow parking; the condominium building would have parking
       underneath.

       Staff recommended that the Board table this item to the April meeting to allow ample time
       to work out any remaining issues (namely, the entry intersection at Pristine Auto Spa), to
       notify all adjacent property owners for public comments, and to allow the board members
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                                               2006-063 BS Grace Park Mixed Use Project.doc

time to consider this project. The new project would be a big change, but staff believed it
would be a better project than the original Davis Commons. He detailed the request for the
variances, stating that the reduction of the right-of-way to 45’ works in this development,
and the developer would post the road with signs for “Parking One Side” only if necessary.
The developer will also be working with Parks & Recreation to pave a greenway tie-in to the
Twin Lakes development, as part of the payment-in-lieu.

Public Comment Session – March 9, 2006
Chairman Peter Prichard noted that the official public comment session would take place at
the next meeting but he would allow the public to speak for a maximum of three minutes
and invited anyone who wanted to make comments to come forward.

Michael Schlink, 416 Willingham Road, Morrisville, NC 27560
Mr. Schlink stated that he is a resident of Breckenridge and noted that the morning traffic to
Research Triangle Park and the back-up on Morrisville-Carpenter Road already caused
bottleneck problems on the roads. He asked the Board to please consider this issue before
adding more residential units to the area.

John Gretz said he agreed with the traffic concern.

Kathleen Gordon asked if the paved greenway would address section 4.2 of the consistency
statement regarding different methods of transportation.

Rodney Wadkins answered that it addresses the first phase, the internal capture of trips.
When a resident of this district arrives home, they can walk to a restaurant or a shop. The
sidewalk along Morrisville-Carpenter Road will connect to the greenway.

Kathleen Gordon asked about access to nearby park space.

Rodney Wadkins answered that the greenway would connect to Morrisville Park through the
Morrisville Market development across the street.

Kathleen Gordon stated that it was definitely a unique and exciting project.

Esther Dunnegan asked about the reduction in parking and pointed out that on weekends, the
district would need the maximum number of parking spaces.

Harry Clew agreed with Esther Dunnegan – he did not understand the reason for shared
parking and said it seemed that the developer assumed that everyone who will live there will
work there also. He added it might be the ideal spot for such a development, but was a bit
dismayed about the change from a premier shopping center to a retail and residential mix.

Rodney Wadkins reminded the board that although the landowner is the same, this is a
different developer.

Harry Clew said that he had mixed emotions about the development but did think it would
fit nicely in the downtown area.

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                                                     2006-063 BS Grace Park Mixed Use Project.doc

      Ward Mercer stated that he also disagreed about the reduction of parking. He did not like the
      under-building parking; he felt it would be better to remove that feature and drop the
      buildings down one level. He also expressed concerns about the traffic, being a resident off
      Morrisville-Carpenter Road.

      Rodney Wadkins added there was a possibility of a traffic signal at Davis Drive and Davis
      Commons Drive.

      Kathleen Gordon noted this project was similar to what was wanted in the Town Center area
      and asked how easy it would be to walk from this to that center.

      Rodney Wadkins answered that eventually, it would be very easy, but the sidewalks would
      come as the development did. He added that staff was in favor of the underground parking
      because it reduced the amount of asphalt area and allowed for more green space.

      Peter Prichard said that he shared the same concerns as the rest of the board and said he
      would like a dialogue with the developer; he asked for an estimated build-out time.

      Rodney Wadkins answered that it would be quick – probably two years, but he was not
      exactly sure.

      Peter Prichard also asked that the residents in Addison Park be given opportunity to know
      about the project.

      Rodney Wadkins agreed, stating he would expand the notification area to 500 feet so they
      would be aware and have the chance to comment.

      Motion
      Ward Mercer made a motion to table the item until the next meeting. Harry Clew seconded
      the motion, which passed unanimously.

Planning and Zoning Board Minutes: (April 13, 2006)
     Grace Park – Mixed use project located on the northeast corner of the intersection of Davis
     Drive and Morrisville-Carpenter Road

     Senior Planner Rodney Wadkins presented the item, noting this had been introduced at the
     previous month’s meeting. He stated that the applicant would give a presentation but he
     wished to outline a few changes since last month’s preview. The shared parking request had
     been withdrawn and the applicant picked up additional parking by angling the space along the
     front of the shops and then providing 90 degree parking across the drive aisle, adjacent to the
     out parcels and across from the retail. With those changes the project now exceeded the
     minimum parking standards in the ordinance. The driveway next to Pristine Auto Spa off of
     Morrisville-Carpenter Road was now a private drive, thereby not causing the lot to become
     non-conforming. He acknowledged that the under-the-building parking had not been fully
     received by the board but staff supported this concept because it allowed for more green space
     while keeping the same number of parking spaces. He also noted that the topography drops
     naturally as travelers head east, so the buildings would not seem like 5-story buildings. Staff

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                                               2006-063 BS Grace Park Mixed Use Project.doc

had re-notified surrounding property owners and had expanded to a 500-foot realm. Staff had
not received any comments from those notifications.

Peter Prichard asked if the briefing sheet was new.

Senior Planner Rodney Wadkins answered yes, the new sheet dealt with condition #8
concerning the gap between Ridgemont and Addison Park that belonged to Progress Energy.
The underlined condition would address that.

     a. Public Comment Session – opened 7:03 p.m.
     Ellis Coleman, EYC Companies, 8601 Six Forks Road, Raleigh, NC – project developer
     Mr. Coleman introduced himself to the board, noting that aside from a contract owner
     for lot 9 this development was still owned by Morrisville KEP Realty. He took the Board
     through a PowerPoint presentation to highlight the design and concept of the project in
     an illustrative manner. The concept was to have an old, “Main Street” type development
     that would encourage less driving and more walking. Three different types of housing
     and a mix of retail would exist; there would not be a focus on nationally known vendors,
     and the retail would be “soft” – no large trucks coming and going. He stated that they
     understood they are restricted to building what the board sees; and the condo building
     proposed was the type that is in enormous demand by the senior citizen community. The
     parking would be almost into the ground, the land falls away approximately twenty-feet
     (20’) heading eastward away from Davis Drive. Every room would be handicap
     accessible/friendly.

     The rear-loading town houses would allow for a better streetscape and a front-porch
     community.

     There was more green space than the two larger parks shown, built into the development
     in small pockets. He noted that the traffic circles were tight but that would make for
     slower traffic; a concept that was well-studied and well-planned. A greenway would be
     built in the buffer area; Davis Commons had donated the land and Grace Park would
     build the greenway and provide connections.

     The stormwater pond was already installed, and was now larger than would be required
     by this project if built. The impacts of traffic, impervious surface percentage and
     stormwater were all being reduced from the original numbers in the previously approved
     Davis Commons.

     Mr. Coleman then offered to answer any questions the board might have.

     Kathleen Gordon told Mr. Coleman the presentation had answered most of the questions
     she had; she stated that she liked the underground parking, and she felt this project fit the
     description of Mixed Use. She also had had concerns about green space that were
     assuaged by the presentation. She asked about the greenway connectivity.

     Steadman Suggs, Parks & Recreation Greenway Planner, spoke and stated that the
     length in Morrisville Market had been graded; it would go from the Morrisville
     Community Center through this development to the Twin Lakes development.
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                                          2006-063 BS Grace Park Mixed Use Project.doc


Catherine Willis asked if people would be able to walk alongside the stormwater pond.

Ellis Coleman of EYC Companies answered yes, they would be installing a paved
walkway.

John Gretz stated that he liked the mix of uses and that it was similar to what they had in
mind for the Town Center.

Chairman Peter Prichard thanked Mr. Coleman for the presentation and asked how
viable he thought the retail component would be.

Mr. Coleman answered that was the only part they had any kind of worry about because
of the influx of retail recently in the Morrisville area; however, most of that was located
next to big-box grocery stores – those types of anchor stores often do not allow certain
types of retail to be in their leasing space, so he felt it would open up a lot of opportunity
for businesses. He felt the key to this project would be high-end restaurants for evening
dining; maybe even a boutique grocer or prepared foods store.

Chairman Peter Prichard stated he was impressed with the Townhomes on the site plan
but not particularly with the condominium building. He said the color pictures in the
presentation had helped, but suggested adding some rendering details from the
townhouses to the condo building.

Mr. Coleman answered they were still in the early stages of actual drawings and had not
done a lot of architecture; really they had limited the drawing so far to floor plans and
elevations. He stated he was relatively happy with the appearance and hoped the board
would accept it as is, but he felt it would be easy to tie the two designs together; he was
not going to put a building in the middle of the project and not tie it to the rest of the
buildings.

Catherine Willis asked if a person owned one of the shops with a condominium above it,
could they also have adjacent space.

Mr. Coleman answered yes, there would be a wide variety of choices; he apologized for
not being able to show that at this time, but there would be many choices of square
footage and floor plans.

Chairman Peter Prichard invited anyone else from the public who wished to speak.

Benny Ridout, owner of the corner lot for the project spoke, stating he just wanted to ask
Mr. Coleman about the entrances/parking to his parcel on the corner.

Mr. Coleman answered yes; there would still be two right-in/right-out entrances to the
parcel.

Mr. Ridout answered he just wanted to be sure – he wanted to be able to attract business
interest to his parcel.
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                                                    2006-063 BS Grace Park Mixed Use Project.doc


           Michael Roberts, 111 Leacroft Way, Morrisville, NC 27560, spoke as a resident of
           Ridgemont and said any development on this corner was welcome so that the sidewalk
           would be completed. He added he was confident that any of the homeowners around this
           development would want to do business there. He felt it was an excellent change from
           the previously approved project.

           Chairman Peter Prichard asked how a resident would cross the road to go to the Town
           Park.

           Senior Planner Rodney Wadkins answered that the NCDOT would not likely allow a
           pedestrian crosswalk mid-block across Morrisville-Carpenter Road.

           Parks & Recreation Greenways Planner Steadman Sugg added that he and Rodney had
           been discussing that very issue; he had some contacts to get in touch with to see what
           could be done and was working on that.

           Chairman Peter Prichard asked if the reduced street widths would still allow for
           emergency vehicle access, particularly fire trucks.

           Senior Planner Rodney Wadkins answered yes, it might be tight but it would allow for
           them to move through as they needed to.

           Motion
           Kathleen Gordon made a motion to recommend approval of the rezoning, to include the
           conditions named by staff and referenced compliance with the consistency statement.
           Catherine Willis seconded the motion, which passed unanimously.

Recommendation:
The Planning and Zoning Board and the Planning Department recommend approval of the Grace
Park Mixed Use (MU) zoning and site plan with a revised date of April 5, 2006 subject to the
following conditions:
       1. The developer shall dedicate the greenway area to the Town upon request at no cost to
           the Town.
       2. The developer shall provide a monetary contribution of $250,000 in lieu of the
           Morrisville-Carpenter Road widening and sidewalk installation along the frontage of the
           Progress Energy property on the north side of the road. The contribution shall be paid
           before release of the Construction Drawings.
       3. The developer shall provide a monetary contribution for the installation of the traffic
           signal at the intersection of Davis Drive and Davis Commons Drive. The amount of the
           contribution shall be equal to one-quarter of the cost to purchase and install the signal.
           The fee-in-lieu shall be placed in a line item until such time the intersection signal is
           warranted by NCDOT. The amount shall be determined and the contribution shall be
           paid before release of the Construction Drawings.
       4. The Developer shall install a heavy-duty railing along the top of the retaining wall. The
           Town shall approve specifications for the heavy-duty railing prior to the approval of the
           Construction Drawings. The heavy-duty railing shall be provided at all locations were
           the vertical drop is equal to or greater than four (4) feet.
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        5. The developer shall install an eight (8) foot concrete sidewalk along Morrisville-
           Carpenter Road where the subject property abuts the road.
        6. The developer shall finalize the greenway location and engineering during the
           Construction Drawing process.

History of Briefing: (This section should be updated as the item moves through the process.)
Date:                Discussion:
                     PZB – Staff introduced the item to the Planning and Zoning Board
March 9, 2006        and recommended Tabling the item to ensure proper notification of
                     the adjoining property owners.
April 13, 2006       PZB – The PZB conducted the Public Comment Session and
                     forwarded a recommendation of approval to the Commissioners.
May 8, 2006          BOC – 1st Briefing
                     BOC – Public Hearing Commissioner Lyons requested that the
                     developer consider adding a playground to the site. The proposed
May 22, 2006         playground location is highlighted on Sheet SD2.1. Additionally,
                     the developer provided a graphic that will be comparable to the type
                     of equipment that they will install.
June 12, 2006        BOC – 2nd Briefing
June 26, 2006        BOC - Decision

List Attachments:           •   Revised Site Plan 11” x 17”
                            •   Application
                            •   ORD 2006-063: Mixed Use District
                            •   RES 2006-063: Consistency Statement
                            •   Exhibit 1 – proposed Grace Park Architectural Guidelines
                            •   Exhibit 2 - Variance from Subdivision – Request Letter
                            •   Exhibit 3 - Traffic – Trip Generation Table
                            •   Exhibit 4 – Sample Playground Equipment
                            •   Parcel Identification Map




Resource Impact (time/funds/equipment):
Staff time:          Low         Moderate              High
                      staff commitment to develop briefing item.
Funding Source:       n/a

Resources             Zoning and Subdivision Ordinances, Proposed Architectural Façade and
Utilized:             Site Design Standards, Pictures gathered of pharmacies around the state

Staff Coordination: Mark agree, disagree or review. (2nd Briefing is used when information
has significantly changed from one briefing to the next.)
Required                   Staff Member                    1st Briefing        2nd Briefing
     X        Town Manager                                     Agree              Agree
     X        Senior Director Resources Management          Reviewed            Reviewed
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                                                     2006-063 BS Grace Park Mixed Use Project.doc

   X        Senior Director Development Services               Agree               Agree
                                                               Agree
   X        Senior Director Community Services                                     Agree
                                                             w/comment
   X        Public Information Officer                       Reviewed            Reviewed
            Budget and Analysis Manager
   X        Planning Director                                  Agree               Agree
                                                               Agree
   X        Town Engineer                                                          Agree
                                                             w/comment
   X        Building Codes Administrator                                         Reviewed
            Police Chief
   X        Fire Chief                                       Reviewed            Reviewed
   X        Parks & Recreation Director                       Agree               Agree
            Public Works Director
            Economic Development

   If disagreeing, then explain:

Public Information Plan: Answer the following questions and notate the level of PI Plan needed
Question                                                                            YES or NO
Does the item’s subject matter affect the majority of our population?                    No
(Note: specify the target audience within the Executive Summary section above.)
Would action have a direct affect, positive or negative, on community services?          No
Does the item propose an internal policy change?                                         No
Does the item propose an external policy change that would result in an                 Yes
amendment to our town codes, ordinances, Land Use Plan, or Zoning Map?
Does the item require an appropriation of funds equal to or over $90,000?                No
Will/does the item relate to a Capital Improvements Project?                             No
Are there any ordinance or general statute requirements for public notification?        Yes
(Note: If so, cite the ordinance or general statute language within the Executive Summary section
above.)
Does the item require a Public Hearing?                                                 Yes
Will there be a public forum session held on the subject to gather input?                No
Public Information Plan                                                             Mark w/ X
“Get Noticed” - five or more YES answers
“Legal Ease” - three or four YES answers                                                 X
“Standard Issue” - two or less YES answers




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                                                     2006-063 BS Grace Park Mixed Use Project.doc



                     ORDINANCE 2006-063 OF THE MORRISVILLE TOWN BOARD OF
                     COMMISSIONERS PERTAINING TO THE AMENDMENT OF THE
                    TOWN OF MORRISVILLE ZONING MAP BY REZONING A PARCEL
                    OF LAND FROM GENERAL BUSINESS CONDITIONAL USE (GB-CU)
                                       TO MIXED USE (MU)



WHEREAS, the Town of Morrisville received a request to rezone a parcel of land from General
Business-Conditional Use (GB-CU) to Mixed Use (MU) specifically identified as Wake County
Parcel Identification Number 0745-53-7880; and

WHEREAS, said rezoning request consists of 23.116 acres located on the northeast corner of the
intersection of Morrisville-Carpenter Road and Davis Drive; and

WHEREAS, KEP Morrisville Realty, currently owns the subject parcel; and

WHEREAS, this rezoning request was considered by the Planning and Zoning Board of the Town
of Morrisville on March 9, 2006 and was the subject of a public comment session by the Planning
and Zoning Board of the Town of Morrisville on April 13, 2006; and

WHEREAS, The Planning and Zoning Board forwarded a recommendation of approval to the
Town Board on April 13, 2006; and

WHEREAS, this rezoning request was duly advertised and was the subject of a public hearing by
the Board of Commissioners of the Town of Morrisville on May 22, 2006 where it was duly
considered and was deferred to the June 26, 2006 Town Board meeting for action:

NOW, THEREFORE, BE IT ORDAINED THAT THE MORRISVILLE TOWN BOARD OF
COMMISSIONERS THAT the Zoning Map of the Town of Morrisville is hereby amended by
rezoning the following parcel to Mixed Use (MU): Wake County Parcel Identification Number
0745-53-7880 subject to the following conditions:

       1. The developer shall dedicate the greenway area to the Town upon request at no cost to
          the Town.
       2. The developer shall provide a monetary contribution of $250,000 in lieu of the
          Morrisville-Carpenter Road widening and sidewalk installation along the frontage of the
          Progress Energy property on the north side of the road. The contribution shall be paid
          before release of the Construction Drawings.
       3. The developer shall provide a monetary contribution for the installation of the traffic
          signal at the intersection of Davis Drive and Davis Commons Drive. The amount of the
          contribution shall be equal to one-quarter of the cost to purchase and install the signal.
          The fee-in-lieu shall be placed in a line item until such time the intersection signal is
          warranted by NCDOT. The amount shall be determined and the contribution shall be
          paid before release of the Construction Drawings.

                                                14
                                                     2006-063 BS Grace Park Mixed Use Project.doc

       4. The Developer shall install a heavy-duty railing along the top of the retaining wall. The
          Town shall approve specifications for the heavy-duty railing prior to the approval of the
          Construction Drawings. The heavy-duty railing shall be provided at all locations were
          the vertical drop is equal to or greater than four (4) feet.
       5. The developer shall install an eight (8) foot concrete sidewalk along Morrisville-
          Carpenter Road where the subject property abuts the road.
       6. The developer shall finalize the greenway location and engineering during the
          Construction Drawing process.

This ordinance shall become effective upon adoption this 26th day of June 2006.


                                                     ______________________________
                                                     Jan Faulkner, Mayor
ATTEST:


________________________________
Diana R. Davis, Town Clerk




                                                15
                                                      2006-063 BS Grace Park Mixed Use Project.doc

                     RESOLUTION 2006-063 OF THE MORRISVILLE TOWN BOARD OF
                       COMMISSIONERS PERTAINING TO THE ADOPTION OF THE
                      PLAN CONSISTENCY REVIEW STATEMENT FOR A PROPOSED
                        ZONING MAP AMENDMENT FOR THE KEP MORRISVILLE
                                REALTY PROPERTY (GRACE PARK)



WHEREAS, the Town of Morrisville received a request to rezone a parcel of land from General
Business Conditional Use (GB-CU) to Mixed Use (MU) specifically identified as Wake County
Parcel Identification Number 0745-53-7880; and

WHEREAS, effective January 1st, 2006, North Carolina General Statute 160A-383 requires that
“prior to adopting or rejecting any zoning amendment” each local governing board “ shall adopt a
statement describing whether its action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public interest”; and

WHEREAS, this rezoning request was considered by the Planning and Zoning Board of the Town
of Morrisville on March 9, 2006 and was the subject of a public comment session by the Planning
and Zoning Board of the Town of Morrisville on April 13, 2006; and

WHEREAS, The Planning and Zoning Board forwarded a recommendation of approval to the
Town Board on April 13, 2006; and

WHEREAS, this rezoning request was duly advertised and was the subject of a public hearing by
the Board of Commissioners of the Town of Morrisville on May 22, 2006 where it was duly
considered and was deferred to the June 26, 2006 Town Board meeting for action:

NOW, THEREFORE, BE IT RESOLVED BY THE MORRISVILLE TOWN BOARD OF
COMMISSIONERS THAT;

The Plan Consistency Review Statement included below is adopted:

          Plan Consistency Review Statement for Proposed Zoning Map Amendment

This rezoning request is consistent with the Town of Morrisville’s adopted Land Use Plan, which
designates this parcel as appropriate for Mixed Use.

As a result, the adoption of the proposed rezoning of this parcel from General Business –
Conditional Use (GB-CU) to Mixed Use (MU) is reasonable and in the public interest and meets
relevant goals of the Land Use Plan include the following: Goal 2.3.2 -Attracting/locating
commercial services to serve town’s growing residential and daytime employee population” Goal
2.4.2 - “Addressing traffic congestion/safety on streets and thoroughfares; providing alternative
modes of transportation – mass transit station and pedestrian/bicycle connections.” Goal 2.4.3 –
“Providing recreational opportunities with greenway/pedestrian connections between residential
neighborhoods, employment centers and park sites.”


                                                 16
                                           2006-063 BS Grace Park Mixed Use Project.doc

Adopted this 26th day of June 2006.

                                           ______________________________
                                           Jan Faulkner, Mayor
ATTEST:



_____________________________
Diana Davis, Town Clerk




                                      17
226,000 SF Retail
40,330 SF Retail
2,550 SF of Small
Office
10 Brownstone
Townhomes
94 Residential Flat
Condominiums over
Retail
24 Residential
Condominiums with
Structured Parking
52 Two and Three
Bedroom
Townhomes
Retail Buildings
                              Main Street
A mix of soft retail, dining, and service
Typical Retail Building – Retail Floor




Ground Floor
Typical Retail Building – Upper Floors


2nd Floor




3rd Floor
Typical Retail Building – Rear Elevation
Condominium Building




 24 Dwelling Units

 24 Structured
 Parking Spaces

 Secure Corridor
 building
Condominium Perspective
Typical Condominium – Floor Plan
Townhome Buildings
Townhome Perspective
Parks
Traffic Circles
Traffic Circles
Greenway
   GRACE PARK
CONCEPTUAL VIEW
 FROM DAVIS DR.
  LOOKING EAST
   GRACE PARK
 CONCEPTUAL VIEW
FROM MORRISVILLE-
  CARPENTER RD
  LOOKING NORTH