PROPOSED SCHEDULE OF MEETINGS

    TOWN COUNCIL PUBLIC HEARING: 

August 28,2003

    PLANNING & ZONING BOARD and PUBLIC HEARING:

October 20, 2003

    TOWN COUNCIL:

November 13, 2003

PARCEL INFORMATION

Parcel #

Realid #

Area

0764965647

0195570

16.10 acres (calc.) 16.09 acres (deeded)

REZONING DATA

CURRENT

PROPOSED

UDO

LDO

UDO

LDO

Zoning:

R12PUD

PDD Major

R12PUD

PDD Major

Overlay District:

Activity Center Overlay

Activity Center Overlay

Land Use:

VAC

OVERVIEW OF REQUEST

This PDD Amendment is to reduce the buffer from 90 feet to 65 feet on the east side of the parcel.

APPLICANT’S JUSTIFICATION STATEMENT

The request is to amend the existing Northwoods PDD by reducing the buffer width from 90 feet to a 65-foot Type A buffer along the property boundary with Medfield Estates.  The 90-foot buffer was adopted as part of the original Northwoods PUD and was based on the current land use designation for the parcel, which is office use.  The proposed buffer reduction is based on the simultaneous submittal of a request to change the current land use designation by applying for an Activity Center Overlay District designation.  The land uses being proposed are residential, commercial and office.  The proposed residential acreage is adjacent to Medfield Estates.  The commercial and office acreage is at located at the intersection of Reedy creek Road and Maynard Road and is only approximately 1.65 acres.

In the Activity Center Overlay District, the maximum perimeter buffer type and width is a 65-foot Type A buffer unless otherwise reflected in approved zoning conditions or an approved PDD.  The Town’s Land Development Ordinance (LDO) only requires a 40-foot Type A buffer between the residential land use proposed in the Activity Center Overlay District application and the existing residential development in Medfield Estates.  The applicant is proposing a 65-foot Type A buffer that is in conformance with the newly adopted LDO. This 65-foot Type A buffer will provide the necessary screening between the proposed residential land use and the existing development in Medfield Estates.

REZONING CONDITIONS

CURRENT

PROPOSED

    This is part of the Northwoods PUD. The current buffer on the east side of the parcel is required to be 90 ft.

Please check the PUD Book for the Northwoods PUD for the existing conditions.

This case will be processed with an activity center master plan because the parcel subject to rezoning is located in an activity center overlay.  The rezoning will only handle the buffer reduction to a 40-foot 65 foot Type A Buffer on the east side of the parcel.

The applicant requested to change the buffer size on 9/28/03

REZONING HISTORY

Z-188-82-PUD

Z-435-87-PUD

Z-674-92-PUD

SITE DATA

WATER/SEWER SERVICE

Staff Remarks:

This property has direct access to a Town of Cary waterline along Maynard Road . A sanitary sewer located in Medfield Subdivision will able to provide gravity sewer service to this property. However, easement from adjacent properties will be necessary for the sewer connection. 

Analysis: The proposed buffer reduction will have no impact to TOC’s public utility systems.

TRANSPORTATION

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

Analysis: No Comment. See Activity Center comments.

ENVIRONMENTAL CONSIDERATIONS

 There are riparian buffers associated with this project that will need to be investigated.

 The project will be required to meet the nitrogen requirements of the Town of Cary .

 The existing Medfield Subdivision has expressed concerns relative to drainage problems from this potential project.  With this in mind the project should take all reasonable steps to ensure the development does not aggravate this situation.

 Analysis:  Water quality and downstream impacts have been significant concerns relative to this project.  The project is preserving the riparian buffers on the site and will address the nitrogen requirements with the proposed Best Management Practices on the site.  The applicant will control the ten-year storm to help off set downstream drainage impacts of the development.  This project meets all of the requirements of the Stormwater section of the Engineering Department.

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

UDO

LDO

North:

R12PUD

PDDMajor

OFC/IND

South:

MH

OI

VAC

East:

R30C

R20

LDR and VAC

West:

R12PUD

PDDMajor

VAC

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

OFC/INS

No change

Alternate Designation:

MDR

No change

Activity Center :

Reedy Creek NAC

No change

COMPREHENSIVE PLAN ANALYSIS

Land Use Plan Element

LAND USE PLAN AMENDMENT HISTORY:  Northwoods PUD approval necessitated an original LUP amendment in the late 1980’s.  The latest amendment to the PUD occurred in 1992.  The site in question currently has a Land Use Designation of OFC/INS with an alternative allowed use of MDR.

Analysis:  The PDD amendment request does require an amendment to the Land Use Plan.  

TRANSPORTATION PLANNING

Transit: No Comment.

Pedestrian:.No Comment.

Bicycle: No Comment.

Transportation Plan Element: No Comment.

 Analysis: No Comment.  

OPEN SPACE CONSIDERATIONS

Parcel was identified as an “Infill” open space site (Gateway/Urban Open Space) during the parcel evaluation phase of the Open Space and Historic Resources Plan.  Parcel was ranked as a medium priority.  Site contains significant resources of mixed upland hardwood forest, mainly situated along steeper slopes at the southern end of the tract.

Analysis:  The majority of the resources identified are in the buffer that will remain if the rezoning is approved.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

No comments

Analysis: No comment

Staff Recommendation

Changes since Public Hearing:  

None

Protest Petition Information:  

Valid [x ]   Not Enough Signatures with 100 feet[  ]        None Filed [  ]  

Analysis:

The change of the buffer from 90 feet to 65 feet is in accordance with newly adopted LDO maximum requirements for buffers associated with an Activity Center Concept Plan (ACCP).  

Pros:   Request is consistent with new LDO requirements for Activity centers.

Cons:  Valid protest petition  

STAFF RECOMMENDATION:

Staff recommends approval of this rezoning request.

PLANNING AND ZONING BOARD RECOMMENDATION:

To be determined after Planning and Zoning Board Meeting.

TOWN COUNCIL RECOMMENDATION:

Approved.

Information regarding this rezoning case will be on the Internet one week prior to the public hearing.   Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2003cases/2003index.htm