TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
PLANNING & ZONING BOARD IMPACT STATEMENT
01-REZ-06 / 01-LPA-06

PETITIONER	CONTACT PERSON	PROPERTY OWNER
J. Gregory Poole, Jr. 4807 Beryl Road Raleigh, NC 27606 (919) 828-0641 fax (919) 890-4389	Mr. Jerry Turner Jerry Turner Associates, Inc. 905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150 fax (919) 851-7547	J. Gregory Poole, Jr. & MacGregor Development Company 4807 Beryl Road Raleigh, NC 27606 (919) 828-0641 fax (919) 890-4389

LOCATION:	NE quadrant of the intersection of Edinburgh Drive and HWY 64
MAPS:	Vicinity Map - Small Vicinity Map - Large

In Town Limits [X] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ ]

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING:	April 12, 2001
PLANNING & ZONING BOARD:	May 21, 2001
TOWN COUNCIL:	June 14, 2001

PARCEL INFORMATION
Parcel #	Realid #	Area
0762.13-04-0497	0056239	1.00 acres
0762.13-04-3185	0121240	9.38 acres
0762.13-04-7054	0003759	3.02 acres
		acres

REZONING DATA

	CURRENT	PROPOSED
Zoning:	Office & Institutional	Residential Multi-family-8 Conditional Use
Overlay District:	Swift Creek Reservoir Watershed Protection District & 100 foot Thoroughfare Corridor Buffer District	No change
Land Use:	Vacant	N/A

REZONING CONDITIONS
CURRENT	PROPOSED
None	Note: Conditions in bold have been added since the public hearing.
	No access from HWY 64.
	One (1) access point from Edinburgh Drive.
	The maximum number of dwelling units permitted will be 48 units on 13.4 acres.
	The 3.02 acre tract will be deeded to the MacGregor Downs Homeowners Association as permanent open space.
	Building materials will be brick, stone and wood and all structures within the development will be architecturally compatible.
	Developer recognizes that there may be some potential noise concerns along the Highway 64 frontage. Any buyer will be made aware of the potential for noise concerns by way of indicating such on the final recorded plats as well as on the deeds.

REZONING HISTORY

Case # Z-79-106-1

From R-12 To O&I Zoning

Approved by Town Council on: February 8, 1979

SITE DATA

WATER/SEWER SERVICE

Based on Town of Cary MapInfo:

Water is currently available to serve the property via an 8" waterline in Edinburgh Drive.

A public sanitary sewer main extension of approximately 100 feet will be needed to serve the property with gravity lines.

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ ] No [ x ]

The proposed rezoning from O & I to RMF-8CU will reduce the proposed trips to this site. A development of 48 dwelling units will generate 281 trips per day with 21 morning peak hour trips and 26 afternoon peak hour trips.

ENVIRONMENTAL CONSIDERATIONS

According to the information available to the Town, this project has riparian buffers and these buffers will have to be addressed during development. The project is in a protected watershed and will have to meet the requirements of the Reservoir Watershed Protection Ordinance of the Town of Cary. The project will also be subject to the new Nitrogen Removal Ordinance of the Town of Cary, which could include Best Management Practices. This project is located below the dam at MacGregor Lake. Areas of the property would be impacted should there be a failure of the dam.

WAKE COUNTY SCHOOL CAPACITY IMPACTS:
		*Current Enrollment	Campus Capacity	Projected Number of Additional Students
Elementary	Briarcliff Elementary School	573	90% **(2 portable classrooms)	8
Middle	Dillard Drive Middle School	1,035	104% (No portable classrooms)	4
High	Apex Senior High School	1,976	104% **(9 portable classrooms)	6
Preschool (0-4 years)				10

*Current Enrollment is based on the 20^th day of the school year

**Number of portable classrooms as of 12/18/00

The schools shown are preliminary and are not necessarily the schools that will be assigned to this location at the time of development.

Be advised that 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. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System.

ADJACENT ZONING AND LAND USES
	Zoning:	Land Use:
North:	Residential-12	Golf Course
South:	Business-2	Hwy 64 & MacGregor Village Shopping Center
East:	Residential-12	Golf Course
West:	Residential-12	Single-family dwellings

TOWN OF CARY FUTURE LAND USE PLAN DATA


	CURRENT	PROPOSED
Plan Designation:	Office/Institutional	Medium Density Residential
Alternate Designation:	None	No Change
Activity Center:	Support Area of Neighborhood Activity Center	No Change

LAND USE PLAN AMENDMENT HISTORY

None.

STAFF ANALYSIS AND RECOMMENDATION

CHANGES SINCE PUBLIC HEARING: *Yes [ X ] No [ ]

* See additional zoning conditions as indicated in bold above.

PROTEST PETITION FILED: Valid [ ] Invalid [ ] None Filed [ x ]

REZONING REQUEST

Analysis: This request is to change the existing zoning of O&I to the proposed zoning of RMF-8CU. This request also includes consideration of amending the Land Use Plan from its current designation of office & institutional to medium density residential. The following is an evaluation of the pros and cons of this request:

Pros

The site is adjacent to a Neighborhood Activity Center and an employment center (MacGregor Park). The Land Use Plan encourages the location of residential uses in the vicinity of shopping areas and places of employment.
The area north of HWY 64 is predominately residential. Although most of MacGregor Downs is low density single family dwellings, there are also pockets of higher density residential development (such as Tweed Circle and Kelso Court) that would be compatible with the proposed rezoning.
The applicant has proposed conditions relative to open space and access points that further enhance the rezoning request.
The traffic impact is minimal.

Cons

There is potential for noise complaints from future residents due to high traffic volumes along HWY 64.

Staff feels that the rezoning request will help achieve one of the goals in the Land Use Plan of placing residential development adjacent to existing services and employment. The proposal will also be compatible with the existing development within MacGregor Downs, which is a combination of low density and medium density residential development.

Recommendation: Staff recommends approval of the Land Use Plan amendment and the rezoning request.

PLANNING & ZONING BOARD RECOMMENDATION

To be completed following the Board’s May 21^st meeting.

Information regarding this rezoning case will be on the Internet prior to the public hearing. Our Internet address for this case is www.townofcary.org/ Departments/Planning Department/2001 Zoning Cases/01-rez-06.