2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the beginning of the land development discussion portion of the agenda, which is item F on this agenda)

a.   Rezoning Petition 06-REZ-07, RDU Associates Property
Consideration of adoption of an ordinance to rezone land. The property is located at 4960 Nelson Road and contains 2.02 acres. The current zoning is General Commercial; the proposed zoning is Office, Research and Development Conditional Use. The Planning and Zoning Board unanimously recommended approval. In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan. (Mr. Ricky Barker)

1.  Background Information

Current Zoning:  General Commercial (GC)

Proposed Zoning:  Office/Research and Development District Conditional Use

(ORD CU)

Conformity with Land Use Plan Designation:  Yes.  The current land use plan is Office and Industrial (OFC/IND) and no change is proposed.

Acreage:  Approximately 2.00

Location:

4960 Nelson Road (intersection of Nelson Road and Aviation Parkway)

Applicant:

Robert L. Case

Rock Solid USA

PO Box 40057

Austin, TX 78704

(512) 268-7000

r.l.case@rocksolidusa.biz

Applicant’s Contact:

Travis Morehead

ETD

2601 Weston Parkway

Cary, NC 27526

(919) 819-1576

tmorehead@etdpa.com

Town of Cary Case Manager: 

Ricky Barker, Associate Planning Director

316 N. Academy Street, Cary, NC 27513

(919) 469-4085

ricky.barker@townofcary.org

2.  Summary of Requested Rezoning

The applicant has submitted the following zoning conditions:

• Prohibited uses shall include sexually oriented businesses

A.  Transportation
Existing Roadway Section: Nelson Road, 2-lane undivided, 90’ROW

Future Roadway Section: Nelson Road, 2-lane collector

Schedule: Not scheduled

Sidewalk Requirements: required on both sides

Bicycle Requirements: wide outside lane required

Transit Requirements: none

B.  Traffic Impact Analysis

A light industrial use on 2 acres does not require a traffic study.

C.  Parks & Greenways

According to the approved PRCR Facilities Master Plan there are no parks or greenways issues related to this site.

3.  Feedback at Town Council Public Hearing:

No public feedback was received on this rezoning request and no changes have been made to the application since the Town Council public hearing.

4.  Staff Observation and Recommendation:

This request is consistent with the Comprehensive Plan and should have not significant impact on surrounding properties.  Staff recommends approval of the attached ordinance amendment.

5.  Planning and Zoning Board Motion Options:

Approval Motion:

The Planning and Zoning Board recommended 10-0 to approve the ordinance to amend the Land Development Ordinance Map related to this request for the reasons stated by staff.

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

Rezoning 06-REZ-07
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 by amending the current zoning as set forth in the associated document and map dated February 27, 2006 (date of application) as referenced in the Ordinance.

[Vote] 

TO DENY
Motion #1
(Required Town 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]

6.  Reference Information

 

Meeting Schedule

Town Council Public Hearing

Date:  April 27, 2006

Action: Forwarded to the June 19, 2006 P&Z Board Meeting

Planning & Zoning Board:

Date:  June 19, 2006

Action:  The Planning and Zoning Board forwarded the request to Town Council with a unanimous recommendation for approval 10-0.

Town Council Action:

Date:  July 27, 2006

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)

We are proposing to rezone this parcel, whereby if the request were granted; it would be in compliance with the Town of Cary’s Land Use Plan.  The parcel would then share the same zoning district as the majority of parcels located in the airport overlay district.

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.

7.  Ordinances for Consideration:

06-REZ-07 RDU Associates Property

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 2.00 ACRES LOCATED AT 4960 NELSON 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 the area described as follows:

Section 2:  That the rezoning from General Commercial (GC) to Office/Research and Development District Conditional Use (ORD CU) is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines and the following condition:

• Prohibited uses shall include sexually oriented businesses

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. 

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

(Ordinance is also on file in the town clerk’s office.)

_________________________

b.   Rezoning Petition 06-REZ-18, Panther Creek Planned Development District Amendment
Consideration of adoption of an ordinance to rezone land. The property is located at McCrimmon Parkway (near NC 55 Highway) and contains approximately 87.23 acres. The request is to amend the existing conditions of the planned development district. The Planning and Zoning Board unanimously recommended approval. In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan. (Mr. Scott Ramage)

1.  Background Information

Existing Zoning, Base Districts:  Planned Development District (PDD)

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)

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 is 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.

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.  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.  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, 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:vic.townofcary.org.

9.  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:

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. 

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

(Ordinance is also on file in the town clerk’s office.)

_________________________

c.   Comprehensive Plan Amendment 06-CPA-04, Phillips Place
Consideration of adoption of an ordinance to amend the comprehensive plan. The property is located at 6701 Good Hope Church Road and adjacent properties and contains approximately 77 acres. The current comprehensive plan designation is Office and Medium Density Residential; the proposed comprehensive plan designation is Medium Density Residential. The Planning and Zoning Board unanimously recommended approval. (Mr. Greg Barnes)

1.  Background Information  

Current Comprehensive Plan Designation:  Office (OFC) and Medium Density Residential (MDR)

Requested Comprehensive Plan Designation:  Medium Density Residential (MDR)

Acreage:  Approximately 77.64      

Location:  6701 Good Hope Church Road and adjacent properties

Applicant:   
Name 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:   
Greg Barnes, Planner II
316 N. Academy Street, Cary, NC 27513
(919) 469-4067
greg.barnes@townofcary.org 

2.  Summary of Requested Comprehensive Plan Amendment       

A.  Transportation          
Existing Roadway Section: Louis Stephens Rd. 70’ ROW, unpaved 

Future Roadway Section: 
Louis Stephens Rd. 4-lane median divided                                   
McCrimmon Pkwy. 4-lane median divided

Schedule: Not scheduled
Sidewalk Requirements: Required on both sides of both roads
Bicycle Requirements: 14’ wide outside lanes required on both roads
Transit Requirements: Bus shelter or pull-out required

B.  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
• A park site is needed in this area of town

3.  Feedback at Town Council Public Hearing: 

Mr. Jerry Turner, representing the applicant, mentioned that the proposed Comprehensive Plan Amendment represents a change that is compatible with the current development trends in the area, and proposes uses that are less intense than the land uses now planned for this property.  Mr. Turner stated that a neighborhood meeting with the property owners had been conducted and most of the large property owners were represented (as well as a representative from the Breckenridge subdivision.)  Mr. Turner mentioned that the main concern from residents was in relation to the alignment of roads in the area. He also mentioned that there were no concerns regarding the land use.  A citizen asked for clarification of the future McCrimmon Parkway location in regard to the Phillips Place area, which was provided by staff. 

4.  Staff Observation on Plan Amendment: 

A. Comprehensive Plan History for the Parcel:

The Land Use Plan designations for this property date from the development of the Northwest Area Plan (adopted 09/12/2002).  The proposed change would be compatible with the residential uses that are located to the north, east and south.  To the west of the property is the CSX Railroad line, and adjacent properties that are designated for Office use.  

B. Impact and Effect of the Request:

The amendment request is to change the current land use designation of the property from a mix of Park land, Office and Institutional, and Medium-Density Residential to only Medium-density residential and Parks.  The proposed changes would eliminate the Office and Institutional portions altogether.  These changes would be compatible with residential land use trends occurring east of the CSX Railroad line. 

C. Evaluation of the Requested Amendment:

Comprehensive Plan Amendments should be evaluated on whether the amendment is necessary to address changing conditions, needs, opportunities, policies, or principles from those considered by the existing Comprehensive Plan.  Staff believes the proposed amendment is compatible with changing conditions and pertinent policies and objectives of the Comprehensive Plan and recommends approval for the following reasons:

• The proposed changes are compatible with the designations of adjacent properties
• The proposed amendment would be compatible with Town goals of locating more residential within a short commute distance of Research Triangle Park

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

The Planning and Zoning Board unanimously recommends approval of the request to amend the Town of Cary Comprehensive Plan for reasons consistent with the staff’s evaluation.   (Vote 10-0) 

Changes since the Planning and Zoning Board Meeting: No changes

6. Town Council Motion Options:

MOTION TO ADOPT COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE TOWN OF CARY TO CHANGE THE DESIGNATION OF APPROXIMATELY 78 ACRES LOCATED EAST OF THE CSX RAILROAD, NORTH OF mCRIMMON pARKWAY (EXTENDED), AND WEST OF LOUIS STEPHENS ROAD  FROM Office (OFC) and Medium Density Residential (MDR) to Medium Density Residential (MDR).

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

Section 1:  The Comprehensive Plan of the Town of Cary is hereby amended by changing the future land use designation for properties identified below from Office (OFC) and Medium Density Residential (MDR) to Medium Density Residential (MDR):

Section 2.This ordinance shall be effective on the date of adoption.

[Vote] 

MOTION TO DENY COMPREHENSIVE PLAN AMENDMENT

 

This proposed amendment (06-CPA-04: Phillips Place Comprehensive Plan Amendment) to change the future land use designation for this property(ies) from Office (OFC) and Medium Density Residential (MDR) to Medium Density Residential (MDR) has been evaluated by staff and the Planning & Zoning Board, cannot be supported because ________________ , and is hereby denied.

[Vote]

7.  Reference Information

Meeting Schedule:
Town Council Public Hearing
Date:  April 27, 2006
Action:  Forwarded to the June 19, 2006 Planning and Zoning Board meeting   

Planning & Zoning Board
Date:  June 19, 2006
Action:  Forwarded to the July 27, 2006 Town Council meeting for action.

Town Council Action 
Date:  July 27, 2006    

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) 

• 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.  

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

(Ordinance is also on file in the town clerk’s office.)

_________________________

d.   Rezoning Petition 06-REZ-11, Cary Creek Property
Consideration of adoption of an ordinance to rezone land. The property is located at Alston Avenue near the intersection with N.C. Highway 55, and contains approximately 92.11 acres. The current zoning is General Commercial Conditional Use, Office, Research, and Development Conditional Use, Residential Multi-Family Conditional Use, and Alston Regional Activity Center Overlay District; the proposed zoning is to amend existing zoning conditions. The Planning and Zoning Board unanimously recommended approval. In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.  (Mr. Scott Ramage)

1.  Background Information

Existing Zoning, Base Districts:  General Commercial Conditional Use (GC-CU), Office, Research, and Development Conditional Use (ORD-CU), Residential Multi-Family Conditional Use (RMF-CU)

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:  Same districts, with changes to conditions. 

Requested Zoning, Overlay Districts:  No change

Acreage:  Approximately 92.11

Location:  Alston Avenue near the intersection with NC Highway 55

Applicant:

Joe Dye

American Asset Corporation

8010 Arco Corporate Drive, Suite 114

Raleigh, NC 27601

(919) 821-2700

jdyeaacusa.com

Applicant’s Contact:

Travis Morehead

Elam, Todd, d'Ambrosi-ETD, PA

2880 Slater Road Suite 200

Morrisville, NC 27560

tmorehead@etdpa.com

Town of Cary Case Manager: 

Scott Ramage, Principal Planner

316 N. Academy Street, Cary, NC 27513

(919) 462-3888

scott.ramage@townofcary.org

 

2.  Rezoning Application Details

A.  Nature of the Rezoning Request:

The rezoning request affects two properties, one having 87.7 acres, and one having 4.34 acres.  The 87.7-acre property (Real Estate ID 0319337) is currently split-zoned between three different conditional use zoning districts:  General Commercial Conditional Use (GC-CU) covering the northern 26.9 acres, Office, Research, and Development Conditional Use (ORD-CU) covering the central 23.7 acres, and Residential Multi-Family Conditional Use (RMF-CU) covering the southern 37.2 acres.  The 4.3-acre property (Real Estate ID 0082438) is currently zoned Office, Research, and Development Conditional Use (ORD-CU).

The applicant requests to amend the zoning conditions in order to remove conflicts between the existing conditions and the requirements and specifications of the Alston Activity Center Concept Plan, approved under the Regional Activity Center Overlay District, so that future site plans submitted for the parcels can fully conform with the design guidelines and requirements of the Alston Concept Plan.

B.  Existing and Proposed GC-CU District Conditions (Real I.D. 319337):

 (Existing conditions were established in 1987 by case Z-434-87-2)