06-REZ-04  
Laurel Park Planned Development District Amendment
Staff Report to Town Council

1.  Background Information

Current: Zoning map

The property is zoned Planned Development District (PDD) - allowable uses are single-family and townhouse development 

Proposed:  Planned Development District Amendment

The request would amend the list of permitted uses by adding schools as an alternate use in lieu of townhouse development.  Currently only single-family and townhouse development is permitted within the Laurel Park PDD. 

Acreage:  Approximately 38.00

Location: Vicinity Map

The property is located at 2450 Laura Duncan Road, southeast of the intersection of Laura Duncan Road and Old Apex Road

Owner:
Laurel Park Assoc LLC
125 Hampton Pines Drive
Morrisville, NC 27560

Representative:
Glenda Toppe
Jerry Turner and Associates, Inc
905 Jones Franklin Road
Raleigh, NC 27606
(919) 851-7150
gtoppe@jerryturnerassoc.com

Town of Cary Case Manager:
Ricky Barker, Associate Director
(919) 469-4085
ricky.barker@townofcary.org

2.  Summary of Requested Rezoning
       A.  Transportation
       Existing Laura Duncan Road:  2-lane road with 60’ ROW
       Future Roadway Section:  4-lane median divided
       CIP & CIB:  Not Included
       Sidewalk Requirements:  Sidewalk required on both sides
       Bicycle Requirements:  14’ Wide Outside Lanes required

B.  Traffic Impact Analysis
A revised Traffic Impact Analysis (TIA) to include the school has been conducted by Town of Cary traffic consultant, Martin Alexiou Bryson, dated April 4, 2006.The study recommends:

1.      Improvements required by the Comprehensive Transportation Plan

2.      Bus and parent drop off access off of main access road for the potential school and residential development is needed.

C.  Parks & Greenways
The Parks, Recreation and Cultural Resources Department recommend approval of a payment-in-lieu of the dedication of public park land.  The approximate dedication value would be 8.57 acres if 300 residential units are built.  A multi-use trail would be located along the east side of Laura Duncan Road along the property frontage.  Greenways map

3.  Feedback at Town Council Public Hearing:   

At the public hearing concerns were expressed about the type of school that may be located on a portion of the site.  A nearby resident was concerned that the site could be used by for a high school.  Based on information from Wake County Schools, this site is approximately 18 acres and does not meet the size requirements for a high school.   

Changes Since Town Council Public Hearing

The applicant has modified the planned development to add an alternative master plan which shows the specific area that may be used for a school.  The applicant has also modified some of the requirements to clarify language, remove wording that exempts the planned development from future code changes regarding buffers, and provides for a buffer for the recreation site if it is constructed.  

4.  Staff Observation:   

Staff makes the following observations regarding this request:

The buffers types and widths for the school site should mitigate any impacts on adjacent development.

Assisting Wake County in the provision of schools is consistent with the Vision Element of the Comprehensive Plan.  

5.  Planning and Zoning Board Recommendation (April 17, 2006):  

At its April 17^th meeting, the Board voted 10-0 to recommend the adoption of the ordinance to approve the amendment as presented for the following reasons:

      1.  the request is consistent with the Comprehensive Plan and its Vision Element to assist with the provision of schools 
 
2.  schools are an allowable use In residential districts  

• the buffers mitigate impact on adjacent property
• The Board also recommended that if a portion of the site is used for a school, that safety issues regarding the location of the school adjacent to the railroad track be addressed.

6.  Town Council Motion Options:  (Ordinances are at the end of this report) 

Rezoning 06-REZ-04
TO ADOPT
Motion #1
(Required Council Statement for adopting any zoning amendment)

This proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[vote]

Motion #2
(To amend zoning map)

To adopt the ordinance amending the zoning map by amending the Laurel Park Planned Development District as set forth in associated document and map dated April 6, 2006 as referenced in the Ordinance.

[vote] 

TO DENY
Motion #1
(Required Council Statement for rejecting any zoning amendment) 

This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ________________.

[vote]

Motion #2
(To Deny Amendment to Zoning Map)

To deny the ordinance amending the zoning map.

[vote]

Approval Motion:

The Planning and Zoning Board finds that this request is consistent with the current Town of Cary Comprehensive Plan for the reasons cited in this report.  The Planning and Zoning Board recommends that this request be approved in accordance with Laurel Park Planned Development District submittal dated April 7, 2006.  

Denial Motion:

The Planning and Zoning Board finds that this request is not consistent with the current Town of Cary Comprehensive Plan for the following reasons:
The Planning and Zoning Board recommends that this request be denied.  

6.  Reference Information  

Meeting Schedule 
Town Council Public Hearing
Date:  March 23, 2006
Action:  Forwarded to P&Z

Planning & Zoning Board:
Date:  April 17, 2006
Action:  The Planning and Zoning Board unanimously recommended approval 10-0.

Town Council Action:
Date:  May 11, 2006

Development Plan Issues

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during this process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http://www.amlegal.com/library/nc/cary.shtml.

Applicant’s Justification Statement Submitted August 29, 2005  
(Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town)

The approved PDD document does not allow schools as a permitted use.  The amendment adds schools as a permitted use only where identified as an alternate use on the Master Plan.  The existing Bespak facility is being proposed for an elementary school.  Given the location of the Apex Town Park and the surrounding residential neighborhoods, this is an excellent location for a school.   PDD Document pdf and html versions; PDD Map

8.  Ordinances for Consideration:

06-REZ-04

Planned Development District Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 38.00 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF LAURA DUNCAN ROAD AND OLD APEX ROAD

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:  

Section 1. The Official Zoning Map is hereby amended by rezoning from Planned Development District to Planned Development District Amendment (subject to those conditions set forth in Sections 2, 3 and 4 of this ordinance) the area described as follows:

Section 2.  That the rezoning from Planned Development District to Planned Development District Amendment is hereby authorized subject to all the requirements and provisions set forth in the Laurel Park Plan Development document dated April 6, 2006.

Section 3. This property will be perpetually bound to the uses authorized and subject to such conditions imposed within the document referenced above, unless subsequently changed or amended as provided for in the Cary Land Development Ordinances.  

Section 4. Any violations or failure to accept and abide by any conditions and use limitations imposed herein shall be subject to the remedies provided in the Cary LDO

Section 5. This ordinance shall be effective on the date of adoption.  

(Signed)