TOWN OF CARY

REQUEST FOR REZONING/PLANNED UNIT DEVELOPMENT

PLANNING AND ZONING BOARD DATA SHEET (August 18, 2003)

HEARTLAND

03-REZ-06

Staff Contact:

J.W. Shearin, Planning Manager

(919) 469-4080

j.w.shearin@townofcary.org

PETITIONER

PROJECT CONTACT

PROPERTY OWNER

Jerry Turner and Associates,Inc

905 Jones Franklin Road

Raleigh, NC 27606

(919) 851-7150

(919) 851-7547 (fax)

jturner@jerryturnerassoc.com

Glenda Toppe

905 Jones Franklin Road

Raleigh, NC 27606

(919) 851-7150

(919) 851-7547 (fax)

gtoppe@jerryturnerassoc.com

Heartland Durham Cary Limited Partnership

524 2^nd Ave Suite 200

Seattle, WA 98104

LOCATION:

SW of NC 55 and O’Kelly Chapel Rd. North of Panther Creek PUD.

MAPS:

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

PROPOSED SCHEDULE OF MEETINGS
TOWN COUNCIL PUBLIC HEARING:	June 12, 2003
PLANNING & ZONING BOARD:	August 18,2003
TOWN COUNCIL:	September 11,2003

PARCEL INFORMATION
Parcel #	Realid #	Area
0735481928 (PORTION OF)	0045905 (PORTION OF)	36.95 acres

REZONING DATA
	CURRENT		PROPOSED
	UDO	LDO	UDO	LDO
Zoning:	PEC CU	ORD CU	RMF-12 CU	RMF CU
Overlay District:	RWPC	WPC	RWPC	WPC
Land Use:	VLDR

OVERVIEW OF REQUEST

This proposal would add a maximum of 350 multi-family units on a 36.95 acre tract.

REZONING CONDITIONS

CURRENT

PROPOSED

1. All of the special uses allowed under 40.1(e) would be prohibited including manufacturing.

2. 25 buffer around the edge of proposed lake (if lake is feasible).

3. Building footprint limited to 40% coverage of each parcel.

4. All building exteriors are to be compatible and coordinated.

1. Maximum of 350 units

REZONING HISTORY

99-REZ-02 (Withdrawn)

SITE DATA

WATER/SEWER SERVICE

Analysis: The proposed PUD has no immediate access to public water and sewer. The developer agrees to address the issue during site plan approval.

TRANSPORTATION
Traffic Impact Analysis Required: Yes [ ] No [ x ]
A Traffic Impact Analysis is not required for this down zoning. A traffic impact study will be needed with site plan.
Land Use	ADT	AM Peak	PM Peak
Office Park – 37 ac.	7,202	947	1044
350 MF DU’s	2,051	154	189
Analysis: No traffic impact study required.

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.

Analysis: This project meets all of the requirements of the Storm water section of the Engineering Department.

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%	61
Middle	7,758	6,789	114.3	32
High	7,376	6,420	114.9	43
Total for all Area Schools	30,840	26,563	116.1

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
Northwoods Elementary	725	514	141.1%	130 %	-11.1 %	61
West Cary Middle	1085	903	120.2%	130 %	9.8 %	32
Green Hope High	2022	1714	118.0%	130 %	12 %	43
Total for all Zoned Schools	3852	3131	126.43%	130 %	3.57 %	136

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:	PEC CU & B-2 CU	ORD CU & GC CU	VLDR and VAC
South:	PEC PUD	PDD Major	VAC
East:	B-2 CU & PEC CU	GC CU & ORD CU	VLDR and VAC
West:	R-40 W (Wake Co.)	R-40 W	AGR/FOR

TOWN OF CARY FUTURE LAND USE PLAN DATA

	CURRENT	PROPOSED
Plan Designation:	Located within a 300+ acre area designated as Mixed Use on the NW Cary Area Plan, with approx. 1/3 the total area recommended for commercial, 1/3 the area for high- and medium-density residential, and 1/3 the area for office and institutional uses.	no change.
Alternate Designation:	n/a	n/a
Activity Center:	within a Regional Activity Center	no change.

COMPREHENSIVE PLAN ANALYSIS

Land Use Plan Element

LAND USE PLAN AMENDMENT HISTORY: The Land Use Plan for the entire area was comprehensively amended with the adoption of the NW Cary Area Plan on Sept. 12, 2002.

Analysis: The subject tract is located within a larger 300+ acre area designated as Mixed Use on the NW Cary Area Plan, where the plan recommends that approximately 1/3 of the 300+ acres be developed as commercial, 1/3 as high- and medium-density residential, and 1/3 as office and institutional. The proposed rezoning is therefore viewed as a participating component of the overall plan for mixed uses in this area, conforming with the Land Use Plan.

TRANSPORTATION PLANNING

Transit: C-Tran service can be provided to the subject parcel.

Pedestrian: Sidewalks are required on both sides of thoroughfares and collectors and on one side of residential streets.

Bicycle: Wide (14’) outside lanes are required on thoroughfares and 4’ wide striped bike lanes may be required on collectors (determined on a case-by-case basis).

Transportation Plan Element: New north-south and east-west collectors (2-3 lanes), as shown in the Town’s Northwest Area Plan, must be constructed as part of site development.

A connectivity index of 1.2 or greater is required in a residential development. A waiver will be required prior to site or subdivision plan approval if this index is not met due to topography and a 6-foot pedestrian trail must be provided to link any cul-de-sacs in the development.

Analysis: No comment.

OPEN SPACE CONSIDERATIONS

Parcel is mostly wooded with Mixed Hardwood/Conifer forest and scattered areas of Mixed Upland Hardwood forest. An open space consideration for this tract includes a 400-feet linear open space corridor identified on the Northwest Cary Area Plan (which follows the same orientation as the 100-feet stream buffer that runs northwest-to-southeast across the tract),

Analysis: Staff understands the open space dedication for the 400’ corridor would occur at the site plan stage.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

There is a proposed Town of Cary greenway that crosses this property. Any subdivided residential housing proposed for this rezoning will require either dedicated parkland or a payment-in-lieu.

Analysis: Issues of open space and greenway easement dedication as well as payment-in-lieu of parkland dedication, will be decided on at the time of site plan submittal.

Staff Recommendation

Changes since Public Hearing:

None

Protest Petition Information:

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

Analysis:

This property is located near Highway 55 and the proposed Panther Creek High School in Panther Creek PUD to the south. At the time of rezoning in 1980’s, most of the area was defined for Planned Office and Industrial uses along the Highway 55 corridor. It was envisioned to act as an area to support activities in RTP. The Land Use Plan for the entire area was comprehensively amended with the adoption of the NW Cary Area Plan on Sept. 12, 2002. The new plan provides for mixed use with up to 100 acres being designated for multifamily purposes. This request is consistent with the new plan.

Pros: Supports the land use plan

Cons: None

STAFF RECOMMENDATION:

Staff recommends approval

PLANNING AND ZONING BOARD RECOMMENDATION:

To be determined after Planning and Zoning Board Meeting.

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