06-REZ-18
Panther Creek Planned Development District Amendment
Staff Report to Town Council

1.  Background Information 

Existing Zoning, Base Districts: Planned Development District (PDD)  Zoning map  and Land use map

Existing Zoning, Overlay Districts:   Regional Activity Center Overlay District with associated Alston Regional Activity Center Concept Plan; Jordan Lake Watershed Overlay District   

Requested Zoning, Base Districts:  PDD Amendment
Requested Zoning, Overlay Districts:  No change 

Acreage:  Approximately 87.23 

Location:  McCrimmon Parkway (near NC 55 Highway)   Vicinity map

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

Town of Cary Case Manager:
Scott Ramage, Land Use and Design Principal Planner
316 North Academy Street, Cary, NC 27513
(919) 462-3888
scott.ramage@townofcary.org

2.  Rezoning Application Details        

A.  Nature of the Rezoning Request: 

The applicant proposes to amend certain PDD conditions in order to remove conflicts between existing PDD conditions and the requirements and specifications of the Alston Activity Center Concept Plan, approved under the Regional Activity Center Overlay District in March 2006.  The proposed PDD amendments are as follows: 

Diagram and map changes to the PDD Master Plan:

1. For Tracts I-2, I-3, I-4, I-5, I-6, and I-7, the specifications for thoroughfare and collector streetscape buffers, tract perimeter buffers, landscape strips, common open space, building setbacks, and natural/stream buffers are to be removed, so that the PDD is silent on these issues.  The governing specifications for these issues will therefore be those specified by the Regional Activity Center Overlay Zoning District and any associated Activity Center Concept Plan (ACCP), or by other Town of Cary LDO standards in cases where the Overlay District or ACCP is silent.  
2. For Tracts I-2, I-3, I-4, I-5, I-6, and I-7, the conceptual “Vehicular Access” points/arrows on the PDD Land Use Plan 3 map (sheet 15) are to be removed.  Access points will be determined at the development plan stage.

Notes or text to be added to the PDD Master Plan:

3. "For Tracts I-2, I-3, I-4, I-5, I-6, and I-7, future development plans submitted under an approved Activity Center Concept Plan (ACCP) may include other types of land uses as permitted by the ACCP, in addition to those types of uses identified in this PDD." 
4. "For Tracts I-3 and I-4, future development plans submitted under an approved Activity Center Concept Plan (ACCP) may exceed the maximum residential densities and unit counts specified in this PDD, up to the maximums permitted under the ACCP." 

The PDD Tracts I-2 through I-7 referred to in the above amendment request are identified on the original Panther Creek PDD Master Plan.  A summary of the sizes and uses approved for those tracts is given in the table below.  

PDD Tract	Use	Acreage	Total Units
Tract I-2	Industrial	27.80
Tract I-3	Industrial or Mixed Residential	16.81	168
Tract I-4	Industrial or Mixed Residential	16.57	165
Tract I-5	Industrial or Neighborhood Shopping center	13.65
Tract I-6	Industrial	11.10
Tract I-7	Industrial	10.73

B.  Meeting Schedule:  

Town Council Public Hearing
Date:  May 25, 2006
Action:  Case forwarded to the June 19, 2006, Planning and Zoning Board meeting 

Planning & Zoning Board:
Date:  June 19, 2006
Action:  The Planning and Zoning Board unanimously recommended approval of the PDD amendment 10-0, and forwarded the request to the July 27, 2006 Town Council meeting for action.

Town Council Action:
Date:  July 27, 2006 

C.  Parcel and Owner Information

PARCEL & OWNER INFORMATION  PDD Amendment map
Property Owner(s)	County Parcel Number	Real Estate ID	Area
Panther Creek Associates 190 Finley Golf Course Chapel Hill, NC 27517-4473	0735355967 0735478031	0304611 0011750	74.30 12.93
Total Acreage			87.23

D.  Applicant’s Justification Statement Submitted (April 27, 2006)

(The following questions and responses are taken from the submitted Rezoning Application.  The applicant’s responses are italicized.  Please note that the applicant’s statements do not necessarily represent the views or opinions of the Town of Cary): 

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

1. Any issues with the size of the tract?  There are no issues with the size of the tract. 
2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?  The request complies with the newly adopted Alston ACCP.
3. What are the benefits and detriments to the owner, neighbors and the community?  The benefits are that the Plan will develop under the Alston ACCP guidelines.  Furthermore, regulations in the Town’s LDO will also provide adequate protection to the adjacent properties.
4. 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?  The allowable uses follow the uses that are permitted within the Alston ACCP.  These uses are compatible with the development that is planned for the area. 

3.  Feedback at Town Council Public Hearing:

A.  Summary of Citizen Comments

·     No citizens spoke at the public hearing. 

B.  Summary of Council Comments

·     Julie Robison asked that the impact statement clarify the legal reasons for the requested amendments, as they relate to the Alston Activity Center Overlay District and Concept Plan. 

Staff clarified that, under the LDO, any existing conditions on the base zoning still apply within the Activity Center Overlay.  Some of the existing conditions in Panther Creek PDD are in conflict with the Alston Concept Plan (such as the PDD’s internal buffers and streetscape buffers), thus making full compliance with the Alston Plan impossible for Panther Creek.  Thus, at staff’s suggestion, the applicant is requesting removal of those conflicting PDD conditions, in order to allow future site plans to be submitted consistent with the Alston Plan.

·     Mike Joyce asked for clarification as to whether the requested amendments would remove the streetscape buffer from McCrimmon Parkway, or require buildings to be placed close to the Parkway, posing a conflict with the streetscape. 

Staff verified that the Alston Concept Plan does not in fact require that buildings be placed close to McCrimmon Parkway, and that a typical Regional Activity Center streetscape would still be required. 

4.  Changes Since Town Council Public Hearing

·    There are no changes to the requested PDD amendment since the Council public hearing. 

5.  Staff Observations on the PDD Amendment Request: 

Staff makes the following observations regarding this request: 

A.    Compliance with the Comprehensive Plan.  Both the existing and requested zoning conform to the Comprehensive Plan.  The most relevant governing elements of the Comprehensive Plan for the subject parcels are the district master plan – the Northwest Area Plan, plus the Comprehensive Transportation Plan, and the Parks, Recreation, and Cultural Resources Master Plan.  The requested rezoning is in compliance with all these elements.  The Comprehensive Plan recommends the parcel develop as part of a large, mixed-use regional activity center, and the mix of zoning districts for the subject parcels supports that vision.  There is also nothing inherent in the rezoning request that is contrary to the recommendations for parks, greenways, open space, or transportation facilities. 

B.   Traffic Impact Analysis.    The proposed amendments do not affect the land uses allowed under the base PDD zoning district, and hence a Traffic Study is not required for this rezoning.  A traffic study will however be required for these parcels at site plan submittal. 

C.    Compliance With Alston Activity Center Concept Plan.  Under the LDO, certain types of existing conditions tied to the base zoning apply to the subject parcel regardless of the nature of any Activity Center Overlay District and Concept Plan.  This is the case for the Panther Creek PDD, where certain existing conditions in the PDD are in conflict with the Activity Center Overlay District and its associated Alston Concept Plan (such as the PDD’s internal buffers and streetscape buffers).  These PDD conditions make it impossible for future site plans submitted within Panther Creek PDD to be in full compliance with the Alston Plan.  Thus, at staff’s suggestion, the applicant is requesting removal of those conflicting PDD conditions, in order to allow future site plans to be submitted consistent with the Alston Plan.   

D.      Amendment Commentary.  The following commentary is provided for the requested PDD amendments: 

• The amendment requests removal of PDD specifications for thoroughfare and collector streetscape buffers, freeway buffers, landscape strips, common open space, building setbacks, and natural/stream buffers, so that the PDD will be silent on these issues.  Since all of these items are addressed by the Alston Concept Plan, and since the LDO stipulates that those aspects of the Alston Plan will apply to projects submitted under the base zoning as well as the Overlay District,  the requested amendments are reasonable and will remove potential conflicts with the Alston design guidelines.
• The amendment requests removal of specifications for tract perimeter buffers, so that the PDD is silent on these issues.  This amendment is advisable, since the LDO does not require buffers between tracts within an activity center, and since such internal buffers are not present within the Alston Concept Plan. 
• The amendment requests removal of the conceptual “Vehicular Access” points/arrows on the PDD Land Use Plan 3 map (sheet 15).  This amendment is desirable since the Alston Concept Plan provides recommendations for access points, which must ultimately be approved by NCDOT and consistent with Town engineering policy in any event.  This amendment will remove any potential points of conflict between the PDD and the Alston Plan on this matter.

• The PDD amendment includes a text amendment stipulating that future development plans submitted under an approved Activity Center Concept Plan (ACCP) may include other types of land uses as permitted by the ACCP, in addition to those types of uses identified in this PDD.  This amendment is advisable and potentially legally necessary, in order to remove any potential conflict or use limitations for development plans submitted under the Alston Plan.

• The PDD amendment includes a text amendment for Tracts I-3 and I-4, stipulating that future development plans submitted under an approved Activity Center Concept Plan (ACCP) may exceed the maximum residential densities and unit counts specified in the PDD, up to the maximums permitted under the ACCP.  This amendment is also advisable and legally necessary, in order to allow development plans submitted under the Alston Overlay District to utilize the densities allowed under Alston.

6.  Planning and Zoning Board Recommendation (June 19, 2006):

The Planning and Zoning Board voted unanimously 10-0 to recommend adoption of the Ordinance to approve the requested PDD Amendment for the reasons stated by staff in this report.  

Changes since the Planning and Zoning Board meeting:  None.  

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

06-REZ-18 Panther Creek PDD Amendment

TO ADOPT

Motion #1
(Required Town Council statement for adopting any zoning amendment)

The 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 from Planned Development District to Planned Development District with the amendments to the Panther Creek PDD Master Plan, Sheet 3, dated November 3,1988, as set forth in this report and its associated documents, and as set forth in the applicant’s Panther Creek PDD Master Plan Amendment, sheet MP-1, dated April 24, 2006, and 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]

8.  Planning and Zoning Board Motion Options: 

Approval Motion:

The Planning and Zoning Board recommends approval of the request for the following reasons:

• The requested PDD amendments are consistent with the Comprehensive Plan;
• The requested PDD amendments are necessary in order for future development plans to conform with the Alston Activity Center Overlay District and its associated Activity Center Concept Plan;
• The requested PDD amendments will help avoid confusion in the evaluation of future development plans.

The Planning and Zoning Board recommends that this request be approved.

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:

• (Board to supply reasons)

The Planning and Zoning Board recommends that this request be denied. 

9.  Reference Information 

A.  Parks & Greenways:  All parks or greenway issues related to this amendment are addressed in the Alston ACCP guidelines.  A greenway is required along the Morris Branch stream.  A multi-use trail is required along the north-south collector.  The greenway and multi-use trail will be required to be built to Town standards as part of the activity center.  A grade-separated crossing of the Morris Branch greenway over NC55 is recommended just south of the McCrimmon Parkway intersection, at the eastern edge of Panther Creek PDD. 

B.  Specifications for Adjacent/Nearby Roadways: 

NC Hwy 55:

• Existing Roadway Section: 2 lanes, 170 ‘Right-of-way (ROW)
• Future Roadway Section: 6-lane median divided section
• Schedule: Current NC 55 project Petty Farm Rd. south to US 64
• Sidewalk Requirements: required on both sides
• Bicycle Requirements: 14’ wide outside lane

McCrimmon Parkway:

• Existing Roadway Section: 2 lanes, 100’ ROW
• Future Roadway Section: 4-lane median divided w/ reservation for 6 lanes, in a 124’ ROW
• Schedule: Not scheduled
• Sidewalk Requirements: sidewalk required on both sides
• Bicycle Requirements: 14’ wide outside lane

North-South Collector (bisects the PDD north-to-south):

• Five available cross-sections are specified in the Alston Activity Center Concept Plan under the Activity Center Overlay District.  Sections typically have sidewalks on both sides, and 12-foot travel lanes.  On-street parking is available in several of the available cross-sections. 

C.  Transit Requirements:  Bus shelter or pull-out required

D.  Schools

The proposed amendments do not affect the land uses allowed under the base PDD zoning district, and hence there is no change in student generation from the existing PDD base zoning.   

E.  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, storm water 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.

 

10.  Ordinance for Consideration

06-REZ-18

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 87.23 ACRES LOCATED along McCrimmon Parkway (near NC 55 Highway).  

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 (PDD) to Planned Development District with the amendments to the Panther Creek PDD Master Plan, Sheet 3, dated November 3,1988, as set forth in this report and its associated documents, and as set forth in the applicant’s Panther Creek PDD Master Plan Amendment, sheet MP-1, dated April 24, 2006, for the area designated on sheet MP-1 and described as follows:

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number	Real Estate ID	Area
Panther Creek Associates 190 Finley Golf Course Chapel Hill, NC 27517-4473	0735355967 0735478031	0304611 0011750	74.30 12.93
Total Acreage			87.23

Section 2:  That the rezoning from Planned Development District to Planned Development District Amendment is hereby authorized subject to all the requirements and provisions as described in this report and as set forth in the applicant’s Panther Creek PDD Master Plan Amendment, sheet MP-1, dated April 24, 2006.  

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.

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

(Signed)