BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF APEX

Size: px

Start display at page:

Download "BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF APEX"

Melanie Melton
5 years ago
Views:

$.. u~l~~\.$

2 .. u~l~~\.::~ AMENDING THE OFFICIAL ZONING DISTRICT MAP #O6CUO8 WHEREAS, the application of Susan Castlebury and Junius Earl Maynard, petitioner, for the rezoning of lands hereinafter described was duly filed with the office of the Planning Director and thereafter public hearings were held hereon on the 8th day of May, 2006 before the Planning Board and the 20th day of June, 2006, before the Town Council, respectively, pursuant to due notice mailed and published pursuant to G.S. 160A-384. Thereafter, the Planning Board submitted its final report to the Town Council recommending approval of said application for the rezoning of the lands hereinafter described, all in accordance with the requirements of the Town of Apex Unified Development Ordinance and the provisions ofchapter 160A, Article 19, of the North Carolina General Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF APEX Section 1: The Town of Apex Unified Development Ordinance, including the Town of Apex North Carolina Official Zoning District Map which is a part of said Ordinance, is hereby amended by changing the zoning classification of the lands hereinafter described from TND-CU (Traditional Neighborhood District Conditional Use)District to TND-CU (Traditional Neighborhood District Conditional Use) District, said lands so rezoned being described as follows: See Attachment " A " Section 2: The Planning Director is hereby authorized and directed to cause the said Official Zoning District Map for the Town of Apex, North Carolina, to be physically revised and amended to reflect the zoning changes directed by this Ordinance. Section 3: A Conditional Use Pennit is hereby issued whereby the previously described property and the subject of the previously mentioned change in zoning classification is subject to the following limitations: See Attachment "8" Section 4: This property shall be perpetually bound to the uses authorized, unless subsequently changed or amended as provided for in the Unified Development Ordinance. Site plans for any development to be made pursuant to this rezoning permit shall be submitted for site plan approval as provided for in the Unified Development Ordinance.

3 ~ Seconded by Council Member -TeQ~e.Vl. : 1 tlar APPROVED AS TO FORM: "---""

4 r1', :57 tj Bt-4< ~E FffiESr. P.05/05 EXHIBIT A TnT 0 r" :

6 SECTION 3- PROJECT DATA A. Project Name: Peachtree Landing B. Revisions to approved Peachtree Landing Plan Prepared By c. Owners: Cornerstone Homes, LLC 6912 Three Chopt Road, Suite C Richmond, V A CH Jewly Partnership P.O. Box 1847 Buies Creek, NC Susan Castlebury, individually Castlebury, and Junius Earl Maynard 1701 US Highway 64 W. Apex, NC and as Executor of the Estate of Agnes D. Designated Single Point of Contact -Custis Colemen, Cornerstone Homes, LLC E. Current and Proposed Zoning of the Property: Current Zoning is TND-CUD; Proposed zoning is TND-CUD (with revised PD Plan and conditions) F. Current and Proposed Land Use Designation Current and proposed land use designations are a mixture of commercial, office and residential uses. G. Contract Purchaser's Name: Cornerstone Homes, LLC, has entered into a contract to purchase portions of the site from Susan Castlebury, individually and as administrator of the Estate of Agnes Castlebury, and Junius Earl Maynard. 3

SECTION 4 -PURPOSE STATEMENT The Peachtree Landing project is proposed to be a mixed-use project developed under the Town of Apex ordinances as TND (Traditional Neighborhood District).

The site is located along us Highway 64 West and lies adjacent to the Haddon Hall subdivision.

which are located primarily on the western half of the site.

Cornerstone Homes proposes to construct an active adult condominium community with up to 96 units targeted to older adults without children or empty nesters.

7 SECTION 4 -PURPOSE STATEMENT The Peachtree Landing project is proposed to be a mixed-use project developed under the Town of Apex ordinances as TND (Traditional Neighborhood District). The project is currently five parcels owned by two entities who are working together to propose this development. The site is located along us Highway 64 West and lies adjacent to the Haddon Hall subdivision. Cornerstone Homes, LLC, has contracted with Susan Castlebury, individually and as Executor of the Estate of Agnes Castlebury, and Junius Earl Maynard to purchase a portion of the Castlebury lands which are located primarily on the western half of the site. The property currently under contract comprises, in general, Parcel D and right-of-ways thereon as noted on the Preliminary Layout Plan attached hereto. Cornerstone Homes proposes to construct an active adult condominium community with up to 96 units targeted to older adults without children or empty nesters. The current zoning on these parcels is TND-CUD and designated on the Town of Apex Comprehensive Plan as a mixture of commercial, office and residential uses. The existing TND zoning is consistent with the mix of uses and provides a good transition from the medium density residential of Haddon Hall to a limited access major thoroughfare highway. The proposed commercial and office uses will provide support for the residents of Haddon Hall and the nearby residents along Highway 64. The development of Peachtree Landing will provide attractive views into the site from US64 and will provide an attractive entrance into the Haddon Hall subdivision. The proposal to revise the existing conditions of the TND zoning is in keeping with the Town's objectives as outlined in the text of the Comprehensive Plan, and is necessary to accommodate the owner's and developer's vision of constructing an active adult community in this area of the Town of Apex. The project would allow a cluster of development centered on a mixed use core that is bordered by parks and natural areas. The mixed use areas are close enough to allow pedestrian traffic from this project and also from Haddon Hall and yet are separated from adjacent properties by open spaces. The Peachtree Landing plan will require sidewalks that comply with the Town of Apex street and sidewalk standards and provide safe pedestrian access from the active adult community to nearby mixed-use areas. Developer agrees to provide sidewalks along both sides of all public roads within the Peachtree Landing plan. This compact development will be conducive to pedestrian and public transportation. SECTION 5 -PERMITTED USES Residential Allow apartment use except in Parcel D as the following: The Apartment use will be permitted (on Parcels A and C on top floor in Mixed Use area only) and Condominiums (on Parcel D, and on Parcels A and C on top floor in Mixed Use areas only). Duplex, triplex or quadplex; 4

Farmer's market Financial Institution Floral shop Government service Grocery, general or specialty Heath/fitness center or spa Laundromat Medical or dental office or clinic Newsstand or gift shop

8 Single family detached; and Townhouse (all). Non-Residential Assembly hall, nonprofit Barber and beauty shop Bookstore (excluding adult bookstores) Church or place of worship Convenience store Day care facility Dry cleaners and laundry service Farmer's market Financial Institution Floral shop Government service Grocery, general or specialty Heath/fitness center or spa Laundromat Medical or dental office or clinic Newsstand or gift shop Office, business or professional Park, active or passive Personal service Pharmacy Printing and copying service Publishing office Real estate sales Recreation facility, private Restaurant, general Retail sales, general School, public or private Studio for art Tailor shop Theatre SECTION 6- DESIGN CONTROLS A. Maximum SQuare Footage Rer Mixed Use Parcel Parcel A: The maximum area of retail is 68,200 square feet with a total maximum building area of retail, office and residential uses of 85,600 square feet. The maximum number of residential units allowed within this space is 14. 5

Parcel C The maximum area of retail is 29,400 square feet and a total maximum building area of retail, office and residential area of 48,000 square feet.

Both Parcels A & C may mix a retail and office uses only on the lower floors of multi-story buildings while the top floor in a multi-story building may be a combination of office and residential uses

Maximum Densities ner Residential Use Parcel Parcel B: Single detached uses only and may include up to 12 lots. Parcel D: All allowed residential uses with a maximum of 96 units.

9 Parcel C The maximum area of retail is 29,400 square feet and a total maximum building area of retail, office and residential area of 48,000 square feet. The maximum number of residential units allowed within this space is 15. Both Parcels A & C may mix a retail and office uses only on the lower floors of multi-story buildings while the top floor in a multi-story building may be a combination of office and residential uses only. Any single story building in these parcels may be retail, office or any combination thereof. B. Maximum Densities ner Residential Use Parcel Parcel B: Single detached uses only and may include up to 12 lots. Parcel D: All allowed residential uses with a maximum of 96 units. c, Pro~osed Lot Sizes for Residential Use Parcel The maximum lot size for any single family detached lot is 4,000 square feet. D. Pronosed Maximum Height of the Buildings and Number of Stories Residential Non-Residential Max. height- 30' Max. stories -2 Max. height- 45' Max. stories -3 E ProQosed Minimum Front. Side and Rear Yard Setbacks Residential Non-residential Front- 10' Side -5' Between buildings -10' Rear from alley easement -10' From buffer-10' Front -0' Side -0' Between buildings -10' From parking -10' From buffer- 0' F. Amount and Percentage of Built uqon Area Allowed 6

Since approximately 29 percent of the project is in RCA or buffers which allow no impervious surface, as long as the individual developed parcels do not exceed 90 percent impervious then the overall

10 The UDO allows for a maximum 70 percent of built upon area in a lnd project. G. Amount and Percentage of Built uqon Area ProQosed Peachtree Landing will have a maximum of 70 percent built upon area in the entire project. Since approximately 29 percent of the project is in RCA or buffers which allow no impervious surface, as long as the individual developed parcels do not exceed 90 percent impervious then the overall impervious surfaces will be less than 70 percent. H. Land Use Percentages The land use percentages shown in the UDO are guidelines for development. The land use percentages based upon land area for Peachtree Landing are as follows: Shopfront and Business (mixed use) -22.3% Attached Homes -41.5% Detached Homes -7.7% RCA- 18.2% SECTION 7- ARCHITECURAL STANDARDS Residential All residential buildings (including any private recreational facility to be located on Parcel D) shall have exterior materials of brick, stone, wood, and/or hardiplank type of siding. All roofs of residential buildings shall be pitched at 5: 12 or greater, with the exception attached garages may be pitched at 4:12 or greater and all shall be covered with wood or asphalt shingles. Covered porches of at least 50 square feet are required on the front fa~ade of each residential structure facing the public right of way, except on Parcel D. To assure a variety of architectural styles and construction materials throughout the neighborhood, in Parcel D, at least two different home designs will offer varied floor plans. The included picture demonstrates the layout and use of color in the neighborhood, showcasing shades of white. 7

All residential units within the mixed use areas shall be consistent with the architectural style of that building.

Roofs of non-residential buildings may be flat if enclosed by parapets. All non-residential structures shall be approved by an Architectural Review Committee appointed by the developer.

On street parking adjacent to mixed use areas shall be angled spaces and any on-street parking in residential areas shall be parallel spaces on one side of the street.

11 All residential units within the mixed use areas shall be consistent with the architectural style of that building. Non-Residential All non-residential structures shall have exterior materials of brick, stone, precast concrete and/or wood. Trim and decorative accent pieces may be hardiplank, metal or concrete. Roofs of non-residential buildings may be flat if enclosed by parapets. All non-residential structures shall be approved by an Architectural Review Committee appointed by the developer. SECTION 8- PARKING AND ~ LOADING As is typical in a TND project, on-street parking is allowed and encouraged in mixed use areas. On street parking adjacent to mixed use areas shall be angled spaces and any on-street parking in residential areas shall be parallel spaces on one side of the street. On-street parking along Blackburn Road shall be limited to the section between US 64 and the roundabout. Angled on-street parking on Street #1 shall be limited to the length from the roundabout down to the beginning of Parcel B and may occur on both sides of the street. Residential site plans may determine which side of the street parallel parking is allowed on, if any. Due to the nature of active adult communities, and considering safety and security concerns, Parcel D will utilize primarily attached garages to provide off -street parking. Parking and loading requirements shall generally conform to the Town of Apex UDO with the following exceptions. 8

2. 3. 4. All mixed use area parking shall be calculated based upon I parking space per 300 square feet of conditioned space including retail, office and residential spaces.

Loading spaces may be provided at a rate and at locations determined by the developer. Each mixed use parcel shall provide at least one designated area for loading.

A Master Sign Plan has been created and submitted to the Planning Department for approval concurrent with the PO Plan.

12 All mixed use area parking shall be calculated based upon I parking space per 300 square feet of conditioned space including retail, office and residential spaces. In mixed use areas, the developer may be allowed a 10 percent reduction in total parking for shared parking allowance. Loading spaces may be provided at a rate and at locations determined by the developer. Each mixed use parcel shall provide at least one designated area for loading. Parking on the residential Parcels B and D may include side or rear entry garages. SECTION 9- SIGNS Signage for this project may vary from the UDO as allowed in the lnd ordinance. A Master Sign Plan has been created and submitted to the Planning Department for approval concurrent with the PO Plan. All signage shall be in keeping with the architectural styles established during the project and the Master Sign Plan may be modified as development styles are refined as allowed in UOO Section SECTION 10 -NA TURAL RESOURCE AND ENVIROMENT AL D A B This project currently does not fall within the primary or secondary watershed protection overlay districts as shown on Town of Apex watershed maps. This project does not contain any FEMA mapped floodplain. c. This project includes gross acres and by the UDO will require 20 percent of the gross area to be designated as RCA or landscape buffer. The required area ofrca and buffers is therefore 8.34 acres. D. The Peachtree Landing plan shows 7.57 acres of dedicated RCA (18.2%) and an additiona13.81 acres ofbuffers (9.1 %). Therefore the total area of RCA and buffers is acres (27.3%). This site is unusual in that most of the site is cleared and significant RCA and buffer areas to preserve are small. The plan shows three areas of dedicated RCA. Parcel G is 3.09 acres and includes and preserves an existing farm pond and several trees along the southern property line. Parcel H is 1.69 acres, includes a 0.75 acre park, preserves trees along the southern property line and acts as a buffer between Peachtree Landing and Haddon Hall. Parcel I is 3.39 acres and is adjacent to a parcel owned by the Town of Apex. Parcel I maya stormwater management device to handle stormwater runoff from western 9

side of the project. Parcel I also includes 2.05 acres oftype E buffer area along US 64.

the secondary watershed protection overlay district. Peachtree Landing will meet all applicable requirements and standards as described in section 6.1 of the Apex UDO.

Peachtree Landing will use the existing pond and additional devices to control the stormwater and sediment runoff.

13 side of the project. Parcel I also includes 2.05 acres oftype E buffer area along US 64. SECTION 11- STORMWATER MANAGEMENT Although these properties do not currently fall within any watershed protection overlay district, once the property is annexed, the entire project will fall within the secondary watershed protection overlay district. Peachtree Landing will meet all applicable requirements and standards as described in section 6.1 of the Apex UDO. This project will meet all stormwater reduction requirements including limiting the post-development stormwater flows to not exceed the predevelopment stormwater runoff. Peachtree Landing will use the existing pond and additional devices to control the stormwater and sediment runoff. The additional device(s) may include detention ponds, retention ponds, bioretention areas or any other approved BMP stormwater control. Any stormwater control device shall be landscaped and constructed to be an amenity to the development and shall blend into its' surroundings. SECTION 12- PARKS AND RECREATION There are no greenways or municipal park areas shown for these properties on the Town of Apex Parks, Recreation, Greenways and Open Space Master Plan. Peachtree Landing is proposing to pay a fee-in-iieu for the residential portion of the project based upon the actual approved density at the time of a site/subdivision plan. Peachtree Landing will include several private parks and common areas for the residents and patrons of the project. Residential Parcels B and D, and Parcel G shall include at least one neighborhood amenity such as a playground, picnic area, etc., however, in the case where the proposed residential use is targeted to older adults the neighborhood amenity to be constructed may be directed to serve the appropriate target resident. A community clubhouse constructed as part of the unified development of residential Parcel D shall satisfy the neighborhood amenity requirement for Parcels D and G. The improvements to Blackbum Road will include sidewalks to connect to existing sidewalks and greenway paths along Blackbum Road. Parcel H shall include a minimum 0.75 acre improved park area that may include additional sidewalks, seating areas, a gazebo, sculptures, etc. SECTION 13 -PUBLIC FACILITIES The road network on the plan shows a safe and interconnected transportation system. In compliance with the Town of Apex Transportation Plan, this project includes the connection ofblackbum Road from Haddon Hall to us 64 and a stub 10

crossings, and widening and narrowing of the road to slow traffic to meet the needs of an active adult community.

The owners of Peachtree Landing are also offering to pay for the installation of two additional stop signs at the Blackbum Road and Abby Knoll Drive intersection as a traffic calming measure.

transportation, which will provide numerous pedestrian opportunities to the mixed use center.

14 ~ road from Parcel D. Within Parcel D traffic calming devices will be used such as raised stamped concrete and an un-manned guard house potentially at both entrances and the interior loop road will utilize pedestrian crossings, and widening and narrowing of the road to slow traffic to meet the needs of an active adult community. We have provided a roundabout in a central location for effective but safe traffic flow. The owners of Peachtree Landing are also offering to pay for the installation of two additional stop signs at the Blackbum Road and Abby Knoll Drive intersection as a traffic calming measure. The Peachtree Landing Plan will require sidewalks along both sides of all public streets which will conform to the UDO, This compact development will be conducive to pedestrian and public transportation, which will provide numerous pedestrian opportunities to the mixed use center. The preliminary utility plan shows the interconnection of Peachtree Landing into the existing infrastructure of the Town. A sewer connection is available at the end ofblackbum Road, which shall be used to serve Parcels C and D. Sanitary sewer connection is also available to west into existing facilities of the Town property. By agreement with the Town, the developer(s) of Peachtree Landing shall provide an oversized gravity sewer main running through the project and receive oversize reimbursement for this installation. Water connection is available in Blackbum Road where there is an existing Town water line. The layout plan shows a proposed Town of Apex utility easement along US 64 based upon comments from Town staff. There is existing electrical service along a portion of the US 64 frontage and the Town intends to extend this service towards NC55 to meet the demands of growth in this part of Town. Peachtree Landing intends to use Town electrical services and cooperate in the establishment of the proposed fifteen foot utility easement. SECTION 14-PHASING The phasing plan is shown on map TND-4 in this document. Market conditions will fluctuate and ultimately determine the order and pace of development. This phase schedule is approximate and should be used for information services only. It is the intent of the owner and contract purchaser of the western portion of the site to develop Parcel D in phases over a 2 year period upon issuance of building permits from the Town. Phasing of Parcels A, B and C are dependant on development objectives of the owners of those properties, future developers, and ultimately, market conditions. However, the phase schedule is approximate and should be used for information services only. Phase 2 3 Begin Construction Oct 2006 August 2008 August 2008 Completion Dec 2008 August 2009 August

The layout plan for Peachtree Landing shows a mix uses including commercial, office and residential with more commercial areas shown west of Blackbum Road.

15 4 August 2009 August 2010 SECTION 15- CONSISTENCY WITH LAND USE PLAN The Town of Apex Comprehensive Plan designates this area for mixed use. The Plan shows a mixture of commercial, office and residential uses with more commercial designated west ofblackbum Road. The layout plan for Peachtree Landing shows a mix uses including commercial, office and residential with more commercial areas shown west of Blackbum Road. We believe this plan to be consistent with the intent of the Apex Comprehensive Plan. SECTION 16- COMPLIANCE WITH THE UDO The proposed plans for Peachtree Landing are in compliance with the standards and allowances provided in the current approved version of the Town of Apex Unified Development Ordinance. SECTION 17- LAND --~ USE NOTES A. The buildings within mixed use Parcels A and C shall be oriented to the new public streets and shall be located near the right-of-way. Buildings along Blackbum Road shall be a minimum of two stories in height measured above the Blackbum Road elevation. No building in Parcel A shall contain more than 50% of the total retail space allocated for that parcel. B. Parcel B shall incorporate a private alley into the site/subdivision plans for each parcel. c. The initial site or subdivision plan for each component of Peachtree Landing shall incorporate a landscape plan, each component landscape plan to be complimentary and consistent with one another, and shall designate street tree types and locations along with schematic planting plans for the thoroughfare and residential buffers. All landscape buffers shall meet the requirements of the Apex UDO. The landscape buffers along US 64 will include a fifteen foot Town of Apex utility easement for overhead power. These easements may be landscaped with shrubs or decorative grasses if approved by the Public Works Department. D. The roundabout shall be designated to have a single lane and accommodate large truck vehicular traffic. The islands in the roundabout 12

The western most access point shown on the plan into Parcel A shall be 500 feet or less from the center of the cul-de-sac on Street #1.

16 8. may be used for landscaping and signage as long as sight distances around the island are not compromised. E. All access points shown on the layout plan are approximate and shall be determined at the time of site/subdivision plans for individual parcels. The western most access point shown on the plan into Parcel A shall be 500 feet or less from the center of the cul-de-sac on Street #1. Parcel A shall provide adequate internal access to allow for emergency vehicle ingress and egress. Parcel C shall include two points of ingress and egress as shown on the Preliminary Layout Plan, with both points of access located along Public Street bordering Parcel C, in the approximate locations as noted on the Preliminary Layout Plan. Parcel C shall provide adequate internal access to allow for emergency vehicle ingress and egress. F. This project will require the creation of Property Owners Associations to handle the maintenance of common areas, buffers, parks, stormwater devices, etc. Inherent in the adoption of the POAs is the creation of an Architectural Review Committee which will oversee and approve architectural styles, materials, colors and signage. 13

PLANNED DEVELOPMENT DISTRICT STANDARDS. Cadence Site

PLANNED DEVELOPMENT DISTRICT STANDARDS Cadence Site A Planned Development District 1. Statement of General Facts, Conditions and Objectives Property Size: Approximately 57.51 Acres York County Tax Map