PETITIONER

PROJECT CONTACT

PROPERTY OWNER

Jerry Turner and Associates

905 Jones Franklin Rd.

Raleigh, NC

Phone: (919) 851-7150

Fax: (919) 851-7547

gtoppe@jerryturnerassoc.com

Glenda Toppe

Same as petitioner

Panther Creek Raleigh LMTD Partnership

190 Finley Golf Course Road

Chapel Hill, NC

LOCATION:

Yates Store Rd. and Frontage Dr.- Cary Park tract MR-3

MAPS:

Vicinity Map - Small

Vicinity Map - Large

Zoning Map

Land Use Plan Map

Stream Buffers

Master Land Use Plan

PROPOSED SCHEDULE OF MEETINGS

FIRST TOWN COUNCIL PUBLIC HEARING:

September 11, 2003

PLANNING & ZONING BOARD AND PUBLIC HEARING:

November 17, 2003 (Forwarded back to Town Council for an extenstion)

TOWN COUNCIL:

TBD

PARCEL INFORMATION

Parcel #

Realid #

Area

0725406255

0302162

20.83 acres

REZONING DATA

CURRENT

PROPOSED

Zoning:

Planned Development District Major

Planned Development District Major

Overlay District:

Watershed Overlay

Watershed Overlay

Land Use:

Vacant

OVERVIEW OF REQUEST

The applicant is proposing two (2) modifications to the Cary Park Planned Development District. They are as follows:

1. The applicant is proposing to reduce the 100-foot Common Open Space along Yates Store Road adjacent to tract MR-3 to a 30-foot streetscape. This 100-foot Common Open Space designation was based on the existing use of the property across from Cary Park at the time the Planned Development District was approved. A request has been submitted to the Town of Cary to amend the current land use across Yates Store Road from Cary Park. The proposed uses are institutional (church and school) and multi-family residential. Based on the uses proposed, the 30-foot streetscape is appropriate. The density and maximum number of units for tract MR-3 will remain unchanged.

2. The applicant is also proposing to delete the minimum 25-foot Common Open Space designation along the western and northern property boundaries of tract MR-3 if portions of tract MR-3 are developed in conjunction with the adjoining property.

APPLICANT’S JUSTIFICATION STATEMENT

This modification will also enable better utilization of the property in tract MR-3 and will help to minimize the impact on the existing stream buffer.

REZONING CONDITIONS

CURRENT

PROPOSED

1. 100-foot Common Open Space along Yates Store Rd. adjacent to the tract MR-3

1. 30-foot streetscape along Yates Store Rd adjacent to tract MR-3

2. 25-foot Common Open Space along the adjacent western and northern property boundary

2. Deletion of 25-foot Common Open Space if portions of tract MR-3 develop in conjunction with the adjacent property

REZONING HISTORY

Z-495-88-PUD: Residential-40 to Residential-40 Planned Unit Development (R-40 PUD), Approved

Z-496-88-PUD: Residential-40 to Residential-40 Planned Unit Development, Approved

96-REZ-29: Planned Employment Center Planned Unit Development, Residential-40 Planned Unit Development to Planned Employment Center Planned Unit Development, Residential-40 Planned Unit Development, Approved

97-REZ-18: Residential-40 Planned Unit Development to Residential-40 Planned Unit Development Amendment, Tabled

00-REZ-04: Residential-40 Planned Unit Development to Residential-40 Planned Unit Development Amendment, Approved

02-REZ-07: Residential-40 Planned Unit Development to Residential Mixed Use, Approved

SITE DATA

WATER/SEWER SERVICE

The proposed amendment will not have significant impact to Town of Cary water and sewer system.

TRANSPORTATION

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

ENVIRONMENTAL CONSIDERATIONS

The project is located in the Jordan Lake Watershed and will have to meet the requirement of the Reservoir Watershed Protection Ordinance of the Town of Cary.

There are riparian buffers associated with this project.

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

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

North:

Residential-40 and Planned Development District Major

Agricultural/Forest and Parks

South:

Residential-40 and Planned Development District Major

Vacant

East:

Planned Development District Major

Medium Density Residential, Vacant and Parks

West:

Residential-40

Agricultural/Forest

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

Medium Density Residential

(3-8 single family homes per acre)

No change

Alternate Designation:

None

None

Activity Center:

None

None

COMPREHENSIVE PLAN ANALYSIS

LAND USE PLAN AMENDMENT HISTORY: Cary Park PUD was originally approved with a land use amendment in 1988. The site was again amended with the NW Area Plan adoption in 2002. The Land Use Plan designates this area as Medium Density Residential (3-8 units/acre). The proposed amendment to the perimeter buffer will not affect the land use designation.

TRANSPORTATION PLANNING

Transit: N/A

Pedestrian: N/A

Bicycle: N/A

Transportation Plan Element: N/A

OPEN SPACE CONSIDERATIONS

Significant natural resources as identified in the Open Space Plan exist over a portion of the buffers that are proposed to be reduced.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

N/A

STATUS REPORT

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