Case Data

Existing Zoning Zoning Map
General Commercial Conditional Use (GC-CU), Residential 40, with a Community Activity Center Overlay District (CAC)

Requested: Activity Center Concept Plan (ACCP)
An Activity Center Concept Plan is a conceptual sketch plan that addresses the general density, mix of uses, and development patterns within an activity center.

Conformity with Land Use Plan Designation: No. The current Land Use Plan designation is commercial. A Comprehensive Plan Amendment is being requested under 06-CPA-05.

Location: Vicinity Map
Southeast quadrant of Tryon Road and S.E. Cary Parkway

Applicant:
Richard Wesiman
Diversified Communities
10 Sylvan Way
Parsippany, NJ 07054
(973) 539-9144
rsw@dcomllc.com

Applicant’s Contact Person:
Jeremy Anderson
Kimley-Horn and Associates
3001 Weston Parkway
Cary, NC 27513
(919) 677-2000
jeremy.anderson@kimley-horn.com

Town of Cary Case Manager:
Debra Grannan, Senior Planner
316 N Academy Street, Cary, NC 27513
(919) 460-4980
debra.grannan@townofcary.org

2. Summary of Requested Rezoning
In order to apply an alternate use to the current base zoning designation, the applicant must provide an Activity Center Concept Plan which includes the entire quadrant of the activity center.

A. Transportation
Tryon Road
Existing Roadway Section: 3 lanes, ROW varies
Future Roadway Section: 6 lanes with a median, 124’ ROW
Schedule: CIP to widen Tryon Road to 4 lanes with a median; anticipated construction start is Fall 2006
Sidewalk Requirements: both sides

SE Cary Parkway
Existing Roadway Section: 4 lanes with a median, 106’ ROW varies
Future Roadway Section: 4 lanes with a median, 112’ ROW
Schedule: N/A
Sidewalk Requirements: both sides

B. Traffic Impact Analysis:
This proposal is a down zoning, therefore no TIA is required for zoning. However, a TIA will be required for site plan. A TIA is been prepared by Town traffic consultant HNTB.

C. Parks & Greenways: Greenways Map
According to the Parks, Recreation and Cultural Resource Facilities Master Plan, there are no parks or greenway issues related to this site. A payment-in-lieu in place of parkland dedication will be required for the Town home development on Tract B. The PRCR Advisory Board will review this project at its August 7, 2006 meeting.

3. Reference Information
Meeting Schedule:
Town Council Public Hearing
Date: August 24, 2006
Action:

Planning & Zoning Board
Date: September 18, 2006

Town Council Action
Date: October 12 or 26, 2006

Applicant’s Justification Statement Submitted (March 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):

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

This request is to amend the Wellington Park CAC to allow single-family attached (townhomes) at the SE corner of the intersection of Tryon Road and Southeast Cary Parkway. The property is currently zoned General Commercial-Conditional Use. Attached residential units are designated and an integral element of the WPCAC. A medium density residential use would compliment the commercial retail at the opposite corner (Wellington Shopping Center) and provide a transition to the single family homes to the east. The proposed amendment to the Future Land Use Plan would change the existing Commercial designation to Medium Density Residential. MDR would offer a transition from the intersection to the existing single family residential to the east. Environmental constraints (100' stream buffer) provides a natural buffer against Tryon Road and limits the usability of this site for its existing land use, Commercial.

No, the size of the subject property is appropriate for a medium density residential (townhome) development.

The proposed change will provide the Wellington Park Activity Center with the required medium/high density residential that is currently programmed, but not planned for any of the tracts within the activity center. The proposal is consistent with transportation plans for this area and will provide open space as required for the proposed development. No TOC master planned greenways or parks are designated for this property.

3. What are the benefits and detriments to the owner, neighbors and the community?

Medium density residential is a benefit to the adjacent neighbors by providing an appropriate and less intrusive buffer between the existing single family residential and Wellington Shopping Center. As mentioned above, medium density residential will offer a mix of housing types currently absent in this area. The property has seen several failed attempts to develop at its current land use (Commercial) due to the site constraints unfavorable for retail development.

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 proposed use is compatible with the adjacent single residential (more so than commercial retail would be) and the adjacent office uses to on either side. Medium density residential will be a compatible us to the neighborhood commercial located across Tryon Road. This change will bring a medium density residential component to the activity center, a vital use to a successful mixed use area.

Schools
The school information is provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.

	All Base Schools Serving the Cary Area			Projected Number of Additional Students
Type of School	Total Enrollment	Total Permanent Seat Capacity	Average Percent Occupied	Projected Number of Additional Students
Elementary	18,007	17,192	105%	27
Middle	8,176	8,280	99%	17
High	9,104	8,638	105%	14

	Assigned Base Schools			Projected Number of Additional Students
Name of School	Enrollment	Permanent Seat Capacity	Average Percent Occupied	Projected Number of Additional Students
Combs Elementary	749	684	110%	27
Dillard Middle	992	988	100%	17
Athens Drive	1767	1792	99%	14

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2005-2006 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:vic.townofcary.org.

PARCEL & OWNER INFORMATION