Requested Town Council Action

The applicant, CLH Design, P.A., representing the owner, Wake County Board of Education, has requested approval of a major special use and site plan for a proposed public high school to be located on 71.21 acres.  The site is located north of McCrimmon Parkway (formerly known as Panther Creek Parkway), east of the proposed westward extension of I-540, and approximately 2,000 feet west of the intersection of NC Highway 55 and of McCrimmon Parkway.  At the time of site plan submittal, the property was zoned Planned Employment Center Planned Unit Development (PEC PUD).  According to Section 8.16.3 of the Cary Unified Development Ordinance, a school use would be a minor special use.  Section 5.4.2(b) of the Unified Development Ordinance requires all minor special uses accompanied by a site plan to be processed as a major special use and approved by the Town Council.  As of July, 2003 the property is zoned Planned Development District (PDD Major).  The property is inside Cary 's town limits.  

Proposal  

The high school would be three-story, constructed of brick and contain 268,746 square feet on 71.21 acres.  The capacity would be approximately 1,800 students.  The plans also propose a modification to the riparian buffer.  The modification includes eliminating 0.75 acre of isolated riparian buffer area, and mitigating the riparian buffer loss through the installation of Best Management Practices and the creation of 2.50 acres of additional riparian buffer area.  (Refer to the Panther Creek High School Report for additional information on the elimination of isolated riparian buffer area.)  

McCrimmon Parkway , from proposed I‑540 to NC 55, is being designed and constructed by the Town of Cary .  This section encompasses the Panther Creek High School frontage.  McCrimmon Parkway is designated to have an ultimate 4 lane median divided cross section.  

Neighborhood Concerns  

Adjoining property owners were notified during staff's initial review of this plan.  Staff has received no inquiries regarding this plan.  

On September 15, 2003 , the Planning and Zoning Board voted unanimously to forward the plan to the Town Council with the following condition:

·      That the elimination of 0.75 acre of riparian buffer area be allowed based on proposed mitigation that includes use of best management practices and land banking 2.5 acres of additional riparian buffer area.

Attached to this report for the Town Council’s use are work sheets containing the required seven tests and suggested motions.  

CASE 03-MSU-013

PANTHER CREEK HIGH SCHOOL

CARY TOWN COUNCIL  

WORKSHEET AND

SUGGESTED MOTIONS  

MAJOR SPECIAL USE

Section 5.4.7 of the Cary Code of Ordinances requires that the following seven tests must be met in order for the Town Council to grant a Major Special Use:

1) That the proposed use or development of the land will not materially endanger the public health or safety.

TEST SATISFIED? __ YES __ NO

2) That the proposed use is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community or it s region.

TEST SATISFIED? __ YES __ NO

3) That the proposed use or development of the land will not substantially injure the value of adjoining or abutting property.  

TEST SATISFIED? __ YES __ NO

4) That the proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located.

TEST SATISFIED? __ YES __ NO  

5) That the proposed use or development of the land will generally conform to the Comprehensive Plan and other official plans adopted by the Town.

TEST SATISFIED? __ YES __ NO

6)   That the proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities.  

TEST SATISFIED? __ YES __ NO  

7) That the proposed use will not cause undue traffic congestion or create a traffic hazard.

TEST SATISFIED? __ YES __ NO

 SUGGESTED MOTIONS

 MOTION TO GRANT APPLICATION WITHOUT CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. _03-MSU-013____

HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 5.4.7 AND 8.16.3(d) OF THE CARY CODE OF ORDINANCES AND IS HEREBY GRANTED WITHOUT CONDITIONS.  

MOTION TO GRANT APPLICATION WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. _03-MSU-013___

HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 5.4.7 AND 8.16.3(d) OF THE CARY CODE OF ORDINANCES AND IS HEREBY GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1.___________________________________________________________________

2.___________________________________________________________________

3.___________________________________________________________________

MOTION TO DENY APPLICATION

I HEREBY MAKE A MOTION THAT APPLICATION NO. _03-MSU-013__ HAS FAILED TO MEET THE REQUIREMENTS OF SECTIONS 5.4.7 AND 8.16.3(d) OF THE CARY CODE OF ORDINANCES AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

1.__________________________________________________________________

2.__________________________________________________________________  

3.__________________________________________________________________  

4.__________________________________________________________________  

5.__________________________________________________________________