B.   CONSENT AGENDA (click on this link to see all consent agenda items in these minutes)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

There were no recognitions, reports or presentations.

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D.   PUBLIC HEARINGS

1.   Rezoning 05-REZ-04 (Old Maynard Planned Development)
Property is located on the west side of Old Maynard Road, 3800 feet north of the intersection of Morrisville Carpenter Road and Old Maynard Road and contains 40.87 acres. Current zoning is Residential-40; proposed zoning is Planned Development District Major, containing a mix of 151 medium density residential units. Council may forward this item to the June 20, 2005 Planning and Zoning Board meeting. (Ms. Angela Reincke)

APPLICANT

Withers & Ravenel, Inc

111 MacKenan Drive

Cary , NC 27511

919/469-3340

FAX: 919/467-6008

Email:  krobbins@withersravenel.com

OWNERS

Keith Robbins

Withers & Ravenel, Inc

111 MacKenan Drive

Cary , NC 27511

919/469-3340

FAX:  919/467-6008

Email:  krobbins@withersravenel.com

LOCATION

Old Maynard Road northwest of McCrimmon Parkway

PROJECT DESCRIPTION

Old Maynard is a Planned Development containing a mix of 151 medium-density residential units on 40.77 acres.

APPLICANT’S JUSTIFICATION STATEMENT

Old Maynard is a 40.77-acre planned community that combines a mix of medium-density residential uses with common open space. A variety of streams and ponds and their associated buffers along with the future Kit Creek Greenway Trail and private recreation site provide open space opportunities that are protected and incorporated into final site designs. The plan represents an attempt to achieve a balance among current Carpenter Area Plan concepts, market dynamics and the adopted design philosophy for the development.

CURRENT USE & ZONING

Current Land Use: Medium Density Residential (MDR)

The property is currently vacant.

Proposed Land Use:  Medium Density Residential (MDR)

Current Zoning: Residential 40 (R-40)

Proposed Zoning: Planned Development District (PDD)

PLANNING

Comprehensive Plan Analysis

The proposal is in compliance with the Land Use Plan, which identifies the area for Medium Density Residential (MDR). 

Parks and Greenways

The Parks, Recreation and Cultural Resources Facilities Master Plan proposes a public greenway to be located along Kitt Creek.  Kitt Creek is located on the western boundary of the proposed development.  In addition, a payment-in-lieu will be required for this development.

Transportation Planning

The applicant is proposing to use the Old Maynard Rd. alignment as part of the extension of Louis Stephens Rd. Sidewalks will be required on both sides of all thoroughfares and collectors and on at least one side of all residential roads. Road improvements for Louis Stephens Rd. must conform with the Town’s Comprehensive Transportation Plan requirements. This location is not within the C-Tran service area.

School Information

ENGINEERING

Environmental Considerations

The project is located in the Jordan Lake watershed and will be required to meet the Reservoir Watershed Protection Ordinance of the Town of Cary    The project will be required to meet the nitrogen requirements of the Town of Cary .  There are riparian buffers associated with this project.

Utilities (Water and Sewer)

The proposed development is in the Kit Creek sanitary sewer drainage basin. The site has no direct access to existing gravity sewer system. Off-site gravity sewer extension to existing or planned Kit Creek sewer will be required.  The nearest existing Town of Cary waterline is at the intersection of Davis Drive and McCrimmon Parkway . The developer will be required to extend the existing waterline along McCrimmon Parkway and Old Maynard Road to the site.  Site development will be required to comply with Town of Cary utility policies and standards.       

Traffic Impact Analysis

A Traffic Impact Study is being prepared by the Town traffic consultant HNTB.

Staff’s power point presentation is attached to and incorporated in these minutes as an Exhibit. A valid protest petition was filed on this request. The planned development document is attached to and incorporated in these minutes as an Exhibit.

Mr. Keith Robbins of Withers and Ravenel stated they are having an open meeting on April 26 to obtain comments. He has a meeting scheduled in the near future with the person who filed the protest petition. They have met with staff to talk about the road realignments (Louis Stephens Road and Old Maynard Road), and he has a preliminary letter indicating they want to keep the new Louis Stephens Road within a general right-of-way of the Old Maynard Road, knowing that the Louis Stephens Road will have a 100 foot right-of-way. They are considering reducing density in the AR-1 parcel.

No one came forward to speak, and Mayor McAlister closed the public hearing.

Mrs. Robison asked for clarification on the number of properties that filed the valid protest petition. Ms. Reincke responded that three properties filed the petition.

Mr. Joyce asked the protest petition concern about Louis Stephens Road . Ms. Reincke stated the original alignment would have cut through the western portion of the property, but the proposed alignment shows it on the far eastern boundary of the project (close to the same alignment as the existing Old Maynard Road ). She outlined the other protest petition concerns: placement of future utilities, provision of providing a 30 foot landscape strip adjacent to existing residential uses, and the land use plan amendment (but there is not a land use plan amendment associated with this case).

Mr. Joyce stated with regard to the 30 foot landscape strip, he hopes the existing property owner is willing to give up an equal amount of land to match what they are requesting.

ACTION: Referred to the June 20, 2005 Planning and Zoning Board meeting

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2.   Rezoning 05-REZ-05 (Dellinger Planned Development Amendment)
Property is located north of Dillard Drive between Piney Plains Road and Meeting Street and contains 32.17 acres. The request proposes to eliminate building setbacks and streetscape buffers, and includes a statement to ensure compliance with Cary ’s Activity Center Design Guidelines. Council may forward this item to the June 20, 2005 Planning and Zoning Board meeting. (Mr. Bob Benfield)

APPLICANT

Glenda Toppe

Jerry Turner and Associates, Inc.

905 Jones Franklin Road

Raleigh , NC 27606

(919) 851-7150

FAX:  (919) 851-7547

Email:  gtoppe@jerryturnerassoc.com

OWNERS

Dellinger Family LLC

207 Annandale Drive

Cary , NC 27511-6503

LOCATION

North of Dillard Drive between Piney Plains and Meeting Street , and southeast of the intersection of Piney Plains Road and Dillard Road .

PROJECT DESCRIPTION

The following modifications are proposed within the Dellinger PDD:

Current Requirement: Dellinger PDD was approved with a Table of Building Setbacks and Streetscape widths along Dillard Drive , Piney Plains Road , Meeting Street , and along a proposed north-south internal connector roadway.  Depending on location, building setbacks vary from 20’ to 50’ and streetscapes vary from 10’ to 30’ wide.

Proposed Modification: The Table of Building Setbacks and streetscape widths would be eliminated and replaced with language stating that all development would comply with Cary ’s Activity Center Design Guidelines.