TOWN OF CARY

TOWN OF CARY
REQUEST FOR REZONING/PLANNED UNIT DEVELOPMENT/ LAND USE PLAN AMENDMENT

PUBLIC HEARING (September 11, 2003)

DATA SHEET

03-REZ-12

Bishop’s Gate Planned Development District Amendment

PETITIONER	PROJECT CONTACT	PROPERTY OWNER
Joe Jenkins Centex Homes 2301 Sugar Bush Rd., Suite 100 Raleigh, NC 27612 Ph: (919) 781- 1952 Fax: (919) 571-8346 jjenkins@centexhomes.com	Charles R. Smith Withers & Ravenel 111 Mac Kennan Dr. Cary, NC 27511 Ph: (919) 469-3340 Fax: (919) 467-6008 csmith@wihtersandravenel.com	Terry B. Witt 4001 Buckhingham Way Apex, NC 27502

LOCATION:

East Side of Davis Dr. @ Forget Me Not Rd.

MAPS:

Open Space and Buffers

Phasing Plan

In Town Limits [ ] Inside Cary ETJ [X] Outside Cary ETJ [ ] Annexation Pending [ ]

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING:	September 11, 2003
PLANNING & ZONING BOARD AND PUBLIC HEARING:	November 17, 2003
TOWN COUNCIL:	December 11, 2003

PARCEL INFORMATION
Parcel #	Realid #	Area
743614925	0240189	25.21 acres (deeded) 24.89 acres (calculated)

REZONING DATA
	CURRENT	PROPOSED
Zoning:	Residential-8 Conditional Use	Planned Development District Major
Overlay District:	N/A	N/A
Land Use:	Vacant
OVERVIEW OF REQUEST
This request is for an addition to the Bishop’s Gate Planned Development District Major which was approved on November 21, 2002 for 226 total houses consisting of 101 single family houses and 125 multifamily houses (including the 22 multifamily homes on tract AR-3). The proposal is for 71 additional dwelling units consisting of 41 single family homes and 30 units as attached residential on 15.43 acres (2.87 DU/acre) and 10.31 acres of open space. Currently, the subject property is zoned for Residential-8 Conditional Use.
APPLICANT’S JUSTIFICATION STATEMENT
The original Bishop’s Gate development provided a valuable street connection between Cary Parkway and Davis Drive and this request if for the addition to Bishop’s Gate will complete the connection between West High street and Salem Church Road. The location of the stream through the site, with its associated buffers, reserved approximately 9 acres of open space that completes an open space connection from Davis Drive to Bond Park. The remainder of the development provides a continuation of the same single-family lots and multi-family product as in the adjacent Bishop’s Gate development. The site is presently zoned Residential-8 Conditional Use which, prior to changed stream buffer requirements, provided a similar number or more lots. Further Davis Drive improvements will also be made along the frontage of the project. The accompanying document will provide additional explanation and justification.

REZONING CONDITIONS
CURRENT	PROPOSED
Property shall be used only for single family detached houses. The minimum lot size shall be 8,000 square feet. Total lot sizes shall average 10,000 square feet as a minimum. Along the western boundary line contiguous with the railroad right-of-way, there will be a 20 foot Type "A" buffer. This buffer may have a combination of fencing, berming, and landscape plantings. A buffer plan for the entire buffer will be submitted with the first subdivision approval.	• All acreages are preliminary until final surveying takes place during the construction drawing phase of development. Exact stream locations, 100-year floodplain delineation, street alignments, etc. will cause acreages to vary slightly. • All types of buffers and streetscapes shall be as specified in the Open Space Definitions (see 3.1) and shall not be subject to any code changes. No additional streetscapes or buffers shall be required. • Within non-residential parcels, there shall be no interior buffers or setbacks between separate buildings, even if under separate ownership. • All building setbacks shall be as specified in this document and shall not be subject to any code changes. • No building or parking setbacks shall be required against buffers, portions of buffers, streetscapes and any type of open space unless existing vegetation remains. • All building setbacks may be reduced a maximum of 10% by Town of Cary staff. • No additional recreational space or open space beyond what is specified in this document shall be required of any parcel. • The proposed street layout may vary due to topography and building configurations. However, the general layout will remain the same. • Final parcel acreages may vary during final site design. Densities for the residential parcels are considered to be maximums and the resulting number of units for each parcel may slightly vary once final parcel acreages are established.

REZONING HISTORY

Z-688-93-1: Residential-40 to Residential-8 Conditional Use, Approved

SITE DATA

WATER/SEWER SERVICE

The project will be required to meet Town of Cary utility policies and standards.

TRANSPORTATION

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

An addition of 71 dwelling units, during the AM peak hour, will generate 53 trips and the PM peak hour will generate 72 trips. The Average Daily Traffic volume is 679 trips per day. No Traffic Impact Study required.

ENVIRONMENTAL CONSIDERATIONS

There are riparian buffers associated with this project.

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

REGIONAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS: AREA C (Western Wake County)
Current Enrollment Area schools:		Building Capacity	Percent occupied	Projected Number of Students
Elementary	15,868	13,354	118.8%	13
Middle	7,758	6,789	114.3	7
High	7,376	6,420	114.9	9
Total for all Area Schools	30,840	26,563	116.1	29

LOCAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS
Current 20^th Day enrollment at the current schools this parcel is zoned for:		Building Capacity	Percent occupied	APF Ord. Req.	% Over/ Under Ord.	Projected Number of Students
Davis Drive Elementary	997	640	155.8%	130 %	-25.8%	13
Davis Drive Middle	1176	923	127.4%	130 %	2.6%	7
Green Hope High	2022	1714	118.0%	130 %	12%	9
Total for all Zoned Schools	4195	3277	133.7 %	130 %	-11.2%	29

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2002 as provided by the Wake County School System.. School assignment will be determined at the time of development. A list of individual area schools and information concerning enrollment countywide can be found for review: School Data

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	Planned Development District Major & Residential-20	Very Low Density Residential & Low Density Residential
South	RA (Apex), MD (Apex)	Agriculture/ Farm and Residential
East	Residential-40	Vacant
West	Residential-40 W (Wake County) and	Residential

TOWN OF CARY FUTURE LAND USE PLAN DATA
	CURRENT	PROPOSED
Plan Designation:	Low Density Residential (1-3 Single Family Homes)	Low Density Residential to Medium Density Residential (3-8 Single Family Homes) on 3.7 ac and Low Density Residential to Parks on 9.4 ac
Alternate Designation:	None	None
Activity Center:	None	None

COMPREHENSIVE PLAN ANALYSIS

Land Use Plan Element

LAND USE PLAN AMENDMENT HISTORY: This site has not had a Land Use Plan Amendment previously. It is currently designated for Low Density Residential uses in the Cary Land Use Plan. Although the overall density of the Planned Development District amendment will be 2.76 Dwelling Units per acre, which is within the parameters allowed for Low Density Residential (i.e. 71 units / 25.7 total site acres including Open Space= 2.76 Dwelling Units/Acre), Parcel AR-4 is separately proposed for a density of 8 du/ac and is proposed to contain attached residences. The Low Density Residential designation in the Land Use Plan allows only single family detached units. A Land Use Plan Amendment is therefore needed with the proposal – Low Density Residential to Medium Density Residential on 3.7 ac and Low Density Residential to Parks on 9.4 ac (to reflect the common open space proposed).

TRANSPORTATION PLANNING

Transit: This location is within the C-Tran, Cary Transit, service area.

Pedestrian: The applicant is proposing 5’ sidewalk along one side of all streets with the exception of

cul-de-sacs.

Bicycle: Bicycle accommodations are not mentioned in the application. The residential street section of 27’ back to back does not provide additional space for bicycles.

Transportation Plan Element: A connectivity index of 1.2 or greater is required in a residential development.

OPEN SPACE CONSIDERATIONS

The project site contains total forest cover. Significant resources identified within the proposed area, as denoted in the Open Space and Historic Resources Plan, include mixed upland hardwoods, floodplain and riparian forests associated with streams and a pond.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

The additional residential units will require an increase in the payment-in-lieu that will be required for Bishop's Gate.

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