06-REZ-08 Phillips Place PDD
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06-Rez-08 Phillips Place Planned Development District Staff Report to Town Council Background Information Current Zoning: Residential 40 (R-40) and Office/Research and Development District (ORD) Zoning map Conformity with Land Use Plan Designation: Land use map A Comprehensive Land Use Plan Amendment is required and associated case 06-CPA-04 was approved by Town Council on July 27, 2006. Acreage: Approximately 77.00 Location: Vicinity map Northwest intersection of Old Maynard Road and McCrimmon Parkway Applicant: Town of Cary Case Manager: Summary of Requested Rezoning
Transportation Future Roadway Section: Traffic Impact Analysis A traffic impact study has been prepared by Town of Cary traffic consultant, Martin Alexiou Bryson dated February 24, 2006. All intersections in the Town operate at level of service “D” or better at build out with required Comprehensive Transportation Plan improvements. Parks & Greenways According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the following park and greenway facilities are required within this project: · The proposed Kitt Creek Greenway is along the stream buffer along the south side of tract 1, and the north side of tract 3 and the east side of tract 4. · A park site is needed in this area of town. · 8’ wide paved private connections) will be required to any public greenway from adjacent cul-de-sacs. · A parkland dedication of 8.14 acres will be required to meet the Land Dedication Ordinance; Reference Information Meeting Schedule Planning & Zoning Board: Town Council Action: Applicant’s Justification Statement Submitted February 27, 2006 (Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary) Are there any issues with the size of the tract? The size of the tract is conducive to the land uses being proposed.How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources?) The proposed Comprehensive Plan amendment represents a compatible change to the adopted Comprehensive Plan given the current development patterns in the area. With the change, the use will be consistent. What are the benefits and detriments to the owner, neighbors and the community? The proposed Comprehensive Plan amendment proposes uses that are less intense than the current designation of Office. Because office is no longer being proposed, a traffic study was not required due to this request being a down zoning. The proposed amendment is compatible with the neighboring properties. The regulations in the Town’s LDO will provide adequate protection to the adjacent properties. How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? Since the adoption of the current Comprehensive Plan, circumstances have changed in the area of the proposed amendment. The predominant land use is residential. This proposal is compatible with the current development in the area. Schools The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.
Current Enrollment and Building Capacity is based on the 20th day of the school year for 2004 as supplied by the Wake County Public School System. School assignment will be determined at the time of development. The Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. 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 the rezoning 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.
Feedback at Town Council Public Hearing: The applicant asserted that the proposed development represents a change which is consistent current development trends in the area, and proposes uses that are less intense than the land uses now planned for this property. There were no protest petitions filed and no one spoke in opposition to the request. Changes since Town Council Public Hearing The document has been modified to: Refer to the project as “Phillips Place” rather than “Olde Maynard” PDD. Ensure that large home day care and religious assembly use will meet the use specific requirements mandated in the LDO and will require a special use permit when located in the single-family. Introduce setbacks more in line with the Land Development Ordinance standards. Provide a 15’ landscape strip between residential use and a future recreation site. Staff Recommendation on the Rezoning: The Phillips Place Planned Development District is consistent with the Comprehensive Plan Amendment (06-CPA-04) which was approved unanimously on July 27, 2006. The plan proposes a balanced mixture of single family detached dwelling units and townhomes as well as adequate open space. Staff recommends approval of the request. Planning and Zoning Board Recommendation (August 21, 2006): The Planning and Zoning Board voted 8 – 1 to recommend approval of the motion to approve the request. The reason for the dissenting vote focused on future road connectivity and the assertion that this site needed to provide alternate access points prior to development. Town Council Motion Options 06-REZ-08 Phillips Planned Development District [Vote] Motion #2 To adopt the ordinance amending the zoning map by approving the Phillips Planned Development District as set forth in the associated document and map as referenced in the Ordinance. [Vote] TO DENY 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 the ordinance amending the zoning map: [Vote] Ordinance for Consideration 06-REZ-08 Phillips Place PDD An Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 77 acres located at the northwest intersection of Old Maynard Road and McCrimmon Parkway. Be it ordained by the Town Council of the Town of Cary: Section 1: The Official Zoning Map is hereby amended by rezoning from Residential 40 (R-40) and Office/Research and Development District (ORD) to Planned Development District (PDD) as set forth in the associated Phillips Place Planned Development District document and maps. The area is described as follows:
Section 2: That the rezoning from Residential 40 (R-40) and Office/Research and Development District (ORD) to Planned Development District (PDD) is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines as set forth in the Phillips Place Planned Development District documents. Section 3: This property will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance. Section 4: Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO. Signed, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||