TOWN OF CARY

REQUEST FOR REZONING 

STAFF RECOMMENDATION TO PLANNING AND ZONING BOARD  

STAFF CONTACT:  JW Shearin, Planning Manager

                              (919) 469-4080

Rezoning Petition 03-REZ-11 (Cary Park PDD Amendment)
Request This request has now been changed to only affect the existing buffer along Yates Store Road .  Currently there is 1,170 feet of Yates Store frontage for Cary Park PDD.  Of that frontage, there is a 250’ buffer area that is 35’, a 670 foot section that is 50 feet and then this section which is now 100 feet. This new proposal would reduce the 100 foot section to a 50 foot Type A buffer.

 

Meeting Date Recommendation Action
Town Council Public Hearing September 11, 2003 Forward to November 17, 2003 Planning and Zoning Board Forwarded to November 17, 2003 Planning and Zoning Board
Planning and Zoning Board November 17, 2003 Forward back to December 11, 2003 Town Council Meeting Forwarded back to December 11, 2004 Town Council
Town Council Public Hearing December 11, 2003 Forward to January 20, 2004 Planning and Zoning Board Meeting Forwarded to January 20, 2004 Planning and Zoning Board Meeting
Planning and Zoning Board January 20, 2004 Table to February 16, 2004 Planning and Zoning Board Meeting Tabled until February 16, 2004 Planning and Zoning Board Meeting
February 26, 2004

Staff recommendation:  Forward to March 11, 2004 Town Council for approval based on conditions provided by the applicant.

 

Planning and Zoning Board Recommendation:  Forward to March 11, 2004 Town Council for approval based on conditions provided by the applicant by a vote of 8-0. 

Forwarded to March 11, 2004 Town Council for approval based on conditions provided by the applicant by a vote of 8-0. 
Town Council Action March 11, 2004

Staff recommends approval based on the following:

  • It will be consistent with the existing frontage along Yates Store Road

  • The adjacent property owners opposite Yates Store Road support the request for reduction.

Approved

 

Applicant Owner

Panther Creek Raleigh LMTD Partnership

190 Finley Golf Course Road

Chapel Hill , NC

 

Applicant Contact:

Jerry Turner and Associates

Phone: (919) 851-7150

Panther Creek Raleigh LMTD Partnership

190 Finley Golf Course Road

Chapel Hill , NC

 

 

Location Maps

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

Large Vicinity Map

Land Use Map

Zoning Map

Updated Buffer Map

 

Project Description 

Revise the minimum width of common open space along Yates Store Road from 100’ to a 50’ Type A streetscape.

Current Conditions:

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

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

Proposed Conditions:

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

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

3.  Reduction of the 100 foot common open space buffer to a 50 foot Type A streetscape. (Updated February 2, 2004)

 

 

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.

 

Current Use and Zoning

Current Land Use: Vacant land, agriculture, and five single family homes Proposed Land Use:  Cary Park PDD
Current Zoning: Planned Development District Major (PDD) Proposed Zoning: Planned Development District (PDD) Major
Planned Land Use:  Medium Density Residential (MDR) Planned Land Use:  Medium Density Residential (MDR)

 

Adjacent Zoning and Land Uses:

 

Existing Use

Existing Zoning

Existing Land Use Designation

North

Residential-40 and Planned Development District Major

Agricultural/ Forest and Parks Residential-40 and Planned Development District Major

East

Residential-40 and Planned Development District Major Vacant Residential-40 and Planned Development District Major

South

Planned Development District Major Medium Density Residential, Vacant and Parks Planned Development District Major

West

Residential-40 Agricultural/ Forest Residential-40

 

Planning

Comprehensive Plan Analysis

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.  A Land Use Plan amendment is not necessary for this proposal.

Open Space Considerations

Significant natural resources as identified in the Open Space Plan exist over a portion of the site planned for protection.  The area proposed for buffer reduction does not contain significant natural resources.

Parks and Greenways

No comments.

Transportation Planning

No comments

 

Engineering

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.

Utilities (Water and Sewer)

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

Traffic Impact Analysis  

No Traffic Impact Analysis was required.

 

Parcel and Owner Information

Property Owner

County Parcel Number

Real Estate ID

Area (Acres)

Panther Creek Raleigh LMTD Partnership 725406255 0302162 20.83

 

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

   

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