Amendment to a Portion of
the Carpenter Village
Planned Development
District
PARCELS O, EP-2, EP-1, VO-1, AND VO-2
Prepared for the Town of Cary, North Carolina
August 29, 2016
Applicant:
Ashton Woods Raleigh Division
Owner:
Ferrell Investment Limited Partnership
Prepared by:
Morningstar Law Group
&
Withers Ravenel
4853-1782-9941, v. 3
APPROVAL HISTORY
Original PDD Approval:
First PDD Amendment:
Second PDD Amendment:
Third PDD Amendment:
Fourth PDD Amendment:
March 26, 1996
February 27, 1997
May 28, 1998
December 13, 2001
May 8, 2003
PURPOSE
The Carpenter Village PDD (the “Village PDD”) is a master planned community, designed
with attention to inter-connected neighborhoods, fewer dead-end streets, a community
focus, usable open space, a mix of housing types, functional pedestrian and bicycle
circulation, and attention to human scale. The Village PDD included a mix of uses for
residential housing types and non-residential uses. At its inception, the Village PDD
concept included a mixture of office, retail and residential uses.
This amendment provides updated design elements and land uses, on approximately
74.56 acres in the northeast section of the Village PDD. Specifically, this amendment
provides a mixture of residential uses, including a maximum of 158 detached residential
units and 140 townhomes, on portions of the property that previously had been
designated to include a combination of office and residential uses.
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Carpenter Village PDD Amendment (A 2016)
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APPLICABILITY
The following provisions shall apply to the geographic land area shown within the orange
border, located on the map below. The entire property is presently known as the Omer G.
Ferrell Farm (the “Property”) and consists of 74.56 acres. This amendment only seeks to
change the Village PDD with respect to parcels O, EP-2, EP-1, VO-1, and VO-2 within the
orange border. This amendment supersedes and replaces all prior approvals for the
subject tracts. There is not a request to change any other parcels within the Village PDD.
GENERAL FUTURE DEVELOPMENT INTENT
The existing Village PDD provides for between 58-156 residential units on Parcel O, and
designates approximately 57 acres as “Employment Park” and 18 acres as “Village Core
Office.” This amendment adds residential opportunities in areas currently designated for
non-residential uses.
Carpenter Village PDD Amendment (A 2016)
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PROJECT DENSITY
The Property is located within the Northwest Area Plan and the southern portion is part
of the Carpenter Village Mixed Use Overlay District. The land use designation is
Office/Industrial (“OFC/IND”) and Medium Density Residential (“MDR”).
Under the current Village PDD and the Northwest Area Plan, Parcels O and EP-2 can be
developed as OFC/IND or MDR. This amendment provides for an overall density for the
Property of no more than 298 dwellings units (or approximately 4.0 dwelling units per
acre), which is consistent with the requirements of the Northwest Area Plan.
VEHICULAR AND PEDESTRIAN CIRCULATION
Vehicular access for the Property is primarily from Morrisville - Carpenter Road and from
Davis Drive via the connection to the existing Airport Boulevard stub. Additionally, the
Town’s Comprehensive Transportation Plan (the “CTP”) requires the construction of
north-south and east-west collector roads within the Property, connecting both Morrisville
- Carpenter Road to Elmhaven Way and connecting Airport Boulevard on both sides of the
Property.
Sidewalks are provided on both sides of the public streets within the Property, with the
exception of cul-de-sacs (where applicable) and as shown on the attached Preliminary
Development Plan (the “PDP”). Additionally, a pedestrian walkway is provided near the
easternmost street adjacent to the creek, as shown on the attached PDP. This paved
walkway includes fitness stations.
BUFFERS AND OPEN SPACE
Open space is incorporated within the Property, as required by the Northwest Area Plan.
Buffers are identified on the attached PDP.
Moreover, this amendment keeps the historic Omer G. Ferrell Home (the “Ferrell Home”)
on the Property, in order to preserve it as an historic feature within the community. The
Ferrell Home will be moved from its current location to the area identified on the
attached PDP.
All monuments, utilities, and any temporary vehicular turnaround accesses shall be
allowable in any perimeter buffer area, as shown on the PDP. Where a required buffer
abuts or overlaps a stream buffer, the area within the stream buffer shall count toward
the perimeter buffer requirements. Berms shall be allowed within any streetscape or
perimeter buffer that is currently void of any native vegetation. Where there is no
vegetation present, streetscapes and perimeter buffers may be graded and replanted in
order to meet both the horizontal and vertical design criteria of the Town Standards.
However, with respect to the streetscape along the south side of the Airport Boulevard
collector, no berm shall be constructed in a manner that prohibits the installation of the
Town’s planned street side trail.
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PRELIMINARY DEVELOPMENT PLAN OPEN SPACE SYSTEM
Ponds & Stream Buffers
11.8 ac
Streetscapes
4.8 ac
Perimeter Buffers
2.6 ac
Neighborhood Recreation Center/Gathering Space
3.7 ac
Preservation Easement
1.4 ac
TOTAL
24.30 ac
UTILITIES:
Water and sanitary sewer will be provided to the Property via extensions of current
Town of Cary utility lines. The construction of Reclaim Water mains will be required per
the Town’s Master Reclaim Water plan. Additionally, Public Service gas, AT&T, Time
Warner Cable, Duke Energy and other various public utilities will provide services to the
Property. It should be noted that a sanitary sewer line already exists within the riparian
buffers on the Property, as shown on the attached PDP that will be allowed to remain.
STORM DRAINAGE:
There is a stream located upon the Property that is a tributary to Crabtree Creek, which is
located within the Upper Neuse River Basin. Development on the Property is subject to
and will adhere to Federal, State and Local storm water regulations.
PROPOSED PRIMARY AND OTHER ALLOWABLE USES:
Both detached and attached residential homes are permitted as primary uses, as detailed
in the attached Use Table. Additionally, recreation amenity areas are also a permitted
use. Such accessory or ancillary uses are allowed in conjunction with the primary use of
the Property so long as it does not constitute more than 10% of the total floor area of the
Property.
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STANDARDS FOR NEW DEVELOPMENT:
Compliance with Development Plan Procedures Required
All new development shall be subject to development plan review in accordance the Cary
Land Development Ordinance (“LDO”).
General Development Requirements
As applicable, the following general requirements shall govern the development of the
Property.
(A)
Measurement of Acreage, Density, and Units
All acreages are preliminary until final surveying takes place during the
construction drawing phase of development. Final parcel acreages may vary during
final site design. Densities for the residential parcels are considered to be
maximums and the resulting number of units for each parcel may vary slightly once
final parcel acreages are established.
(B)
Reduction of Building Setbacks
All building setbacks shall be as specified in this document. Provisions of the LDO in
effect at the time of the request will govern any request for reduction of the
specified setbacks.
(C)
Buffers and Streetscapes
Buffers and streetscapes shall be in accordance with the Town of Cary LDO unless
otherwise prescribed in this Amended Portion of the PDD Document.
Notwithstanding the foregoing, no streetscape shall be required for the
northernmost section of the north-south collector, from the Property’s northern
boundary to the centrally located round-a-bout, and driveway cuts shall be
permitted along this section of the north-south collector. The streetscape along
Morrisville-Carpenter Road shall be 30’ minimum to allow units to front the street,
except that a section east of site access #1 to the property line shall be a minimum
of 10’ next to the relocated Ferrell house. The streetscape along the north-south
collector shall be 30’ minimum width between the Airport Boulevard Extension
and Morrisville - Carpenter Road, with the exception stated above. The streetscape
along Airport Boulevard shall be a 30’ minimum and the south side of Airport
Boulevard shall include a street side trail as indicated in the Northwest Area Plan in
effect as of the date of adoption of this PDD Amendment. Buffer/streetscape
averaging shall be allowed. Sidewalks, multi-use paths and greenways shall be
allowed within any streetscape.
(D)
Open Space Configuration and Dimensions
The exact configuration and dimension of open space areas shall be determined at
the time of subdivision or site plan approval. No additional recreational space or
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open space above and beyond what is specified in this PDD document shall be
required of any parcel, provided however that recreation fund payments for the
development shall be due and payable as required by the terms of the Town of Cary
LDO.
(E)
Street Connectivity
Street connectivity shall comply with LDO standards.
(F)
Street side Trails/Greenways
All street side trails and greenways within the Property will be asphalt (with the
exception of the Airport Boulevard trail and it will be built to Town of Cary standards.
In order to ensure that the plantings within the streetscape do not interfere with the
meandering street-side trail along the south side of Airport Boulevard, trees will not
be planted any closer than 5’ to the edge of the path or any closer than 6’ to back of
curb, of any drive or roadway. The multi-use path will be located per the Town of
Cary Parks and Recreation and Cultural Resources Master Plan along Airport
Boulevard. The specific location of the greenway and the greenway easement will be
determined at time of the site plan approval. Construction timing shall be in
accordance with the LDO.
(G)
Street Layout
The proposed street layout may vary due to topography, environmental features or
permitting requirements and building configurations. However, the general layout
will remain the same which will be finalized at site/subdivision plan.
(H)
Alternate Street Designs
Alternatives must be reviewed and approved by the Town of Cary staff in accordance
with Town requirements at the time of development plan review.
(I)
Recreation Facility (ies)
The Recreation Center parcel(s) (approximately 2 acres) is planned to serve those
residents of the Property. The following amenities may be included within this
amenity area at the discretion of the Applicant: Pool, waterworks area, tot lot,
basketball court(s), and volleyball court. The exact configuration of the Recreation
Center parcel(s) will be determined at the time of site plan submittal. The buildings
within the recreation area shall be architecturally compatible with the residential
nature of the project.
In addition to the Recreation Center facilities, additional facilities shall be provided for
residents to use. These facilities include both active and passive amenities such as
multi-use paths, greenways, tot lots, gazebos and village greens. The Plan includes a
walking path adjacent to the tributary of Crabtree Creek, to include fitness stations.
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SPECIFIC DEVELOPMENT STANDARDS:
The following development standards shall apply to all uses within the applicable parcel:
RESIDENTIAL USE TABLE:
Parcel O
Parcel EP-2
Min. Roadway Setback
(ft.)
18
(10 if no parking)
18
(8 if no parking)
Min. Side Setback (ft.)
3
3
Min. Rear Setback (ft.)
15
Min. Lot Width (ft.)
8
Parcel EP-1, VO-1, VO-2
Front
18
Loaded
Alley
Loaded/No
8
Parking
3
Front
Loaded
Alley
Loaded
8
18
50
40
20
30
NA
NA
0
30
30
30
30
NA
NA
NA
Min. Lot Size (sq.ft.)
5,000
4,000
Max. Number of Units
70 Detached
Residential
40 Detached
Residential
Roadway Setback from
Thoroughfare (ft.)
Streetscape Along
Collector (ft.)
Streetscape Along
Airport Blvd. (ft.)
Streetscape Along
Thoroughfare (ft.)
30, 10’ adjacent to the
relocated Ferrell home
3,400 (for Detached
Residential only), None
for townhomes
Detached
48
Residential
Townhomes
140
Setbacks are to be measured from the actual property lines and are exclusive of any stream buffers.
ZONING CONDITIONS:
1. The historic Ferrell Home shall be relocated onsite, in the area designated as the
Preservation Area on the attached Preliminary Development Plan. A historic preservation
easement shall be granted to a qualified holder of historic preservation agreements as defined
by NCGS Chapter 121, Article 4. Prior to request for the issuance of the first building permit
for any lot, except for sales centers and model homes (including up to 20 speculative homes),
the owner shall provide to the Town of Cary an opinion of an attorney, licensed to practice law
in North Carolina, that said easement has been granted and recorded and was drafted in a
form that the attorney, in his or her exercise of customary professional diligence, would
reasonably recognize as assuring that the historic character of the structure, known as the
Ferrell Home, will be preserved in perpetuity.
2. Subsequent to the relocation of the Ferrell Home, as required in Condition 1, the Applicant
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shall vegetate the remainder of the area shown as the Preservation Area on the attached
Preliminary Development Plan.
3. Transportation Improvements: To address transportation impacts reasonably expected to
be generated by the development, prior to application for, or the approval of, any subdivision
plats for the Property, the property owner shall construct and install the following
improvements as recommended by the TIA on file with the Town of Cary (16-TAR-405):
Morrisville - Carpenter Road and Carpenter Town Lane (Site Access 1)
a. Provide an additional westbound through lane, beginning approximately 500 feet
east of Carpenter Town Lane/Proposed Site Access 1. This lane should be striped
as a shared through and a right-turn lane at Proposed Site Access 1.
b. Provide an additional westbound receiving lane, extending to Proposed Site Access
2.
c. Construct an eastbound left turn lane with 50’ of storage and appropriate tapers.
4. Transportation Improvements: To address transportation impacts reasonably expected to
be generated by the development, prior to application for, or the approval of, any subdivision
plats for the Property, the property owner shall construct and install the following
improvements as recommended by the TIA on file with the Town of Cary (16-TAR-405):
Morrisville - Carpenter Road and Village View Lane (Site Access 2)
a. Construct an additional westbound through lane, as stated above for proposed site
access 1, and should be striped as a shared through and right-turn lane at Site
Access 2.
b. Construct an additional westbound receiving lane extending across site frontage
and tie in with existing pavement approximately 875’ west of Village View
Lane/Proposed Site Access 2.
c. Stripe southbound two-way center left turn lane to provide 100 feet of left turn
storage.
d. Construct eastbound left turn lane with 50’ of storage and appropriate tapers.
5. Transportation Improvement: To address transportation impacts reasonably expected to
be generated by the development, the property owner or developer will provide for the
following improvement in accordance with and subject to North Carolina Department of
Transportation (NCDOT) and Town of Cary approval and Standards and Specifications as
recommended by the TIA on file with the Town of Cary (16-TAR-405) in accordance with the
following:
Airport Blvd. and Davis Drive
a. As soon as is warranted and approved by the Town of Cary and the NCDOT, the
property owner or developer shall construct and install a traffic signal. The
property owner or developer will provide a full signal warrant analysis ("Warrant
Analysis") prior to approval of the plat containing the 225th lot to be developed
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upon the subject property. If a signal is warranted as part of the Warrant Analysis,
traffic signal easements to accommodate traffic signal equipment shall be provided
by the owner or developer to the extent such property is owned and controlled by
the owner or developer and, within 12 months of being warranted and approved
by the Town of Cary and NCDOT, the property owner or developer shall design,
construct and install a traffic signal subject to final approval by the Town of Cary
and NCDOT.
b. If the signal is not warranted by the Warrant Analysis, the owner or developer
shall provide a comprehensive opinion of the cost for the traffic signal in the form
of a report (“Report”), which will include signal design and review fees, prepared
by a professional engineer. The owner or developer shall provide a financial
guarantee of construction in the form of cash or a letter of credit equal to 1.25
times the cost determined in this Report before any certificate of occupancy is
issued. Such financial guarantee shall be administered by the Town in accordance
with its standard practices and procedures for financial guarantees and shall
remain in effect until used or released in accordance with this condition
c. A final full signal warrant analysis (“final Warrant Analysis”) shall be provided by
the owner or developer of the subject property prior to the Town granting final
warranty period acceptance of the last of the public infrastructure accepted by the
Town.
d. If a signal is not warranted as part of the final Warrant Analysis, then the financial
guarantee shall be released by the Town to the person or entity that posted the
guarantee.
e. If a signal is warranted as part of the final Warrant Analysis, traffic signal
easements to accommodate traffic signal equipment shall be provided by the
owner or developer to the extent such property is owned and controlled by the
owner or developer and, within 12 months of being warranted and approved by
the Town of Cary, the property owner or developer shall design, construct and
install a traffic signal per Town of Cary standards and subject to final approval by
the Town of Cary and NCDOT.
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