Cary ZPA backs Harper Point PUD changes to add townhomes, drop 55+ restriction and alter parking

The Village of Cary Board of Zoning and Planning Appeals on Jan. 9 recommended the Village Board approve an amendment to the Harper Point Planned Unit Development (PUD) at 401 Haber Road that converts the duplex portion of the site into an eight-unit townhome building, reduces a portion of the Haber Road setback, removes a previously approved 55-and-older restriction on the apartment building and modifies on-site parking and garage plans.

Brian Simmons, director of community development, told commissioners the project was originally approved in phases in 2015 and 2019 and that the current petitioner seeks changes so the development can be completed. "The amendments proposed this evening consist of the conversion of six duplex units that front onto Haber Road to an eight-unit townhome structure, modifications to surface and garage parking, a proposed reduction to a setback along Haber Road, and removal of the age restriction on the apartment building," Simmons said.

The changes drew sustained public comment focused on a private 17-foot driveway used by residents of the existing Phase 1 duplexes and on emergency access, garage placement and parking counts. Bob Bailey, a resident at 765 Harper, asked that the new development "do not extend onto our driveway," saying homeowners maintain the private drive and are concerned about added pedestrian and vehicle traffic. "Any more traffic, pedestrians, vehicles, emergency vehicles ... is a hazard onto our driveway," Bailey said.

Petitioner Scott Seager said market demand drove the proposal. "The main reasons that we wanted to make the changes to the PUD were we…