STAFF RECOMMENDATION TO THE

TOWN OF CARY , NORTH CAROLINA
STAFF RECOMMENDATION TO
TOWN COUNCIL

REZONING PETITION: 05-REZ-13 Macedonia Village Planned Development District (PDD) Amendment

LAND USE PLAN AMENDMENT: 05-LPA-07 High Density Residential (HDR) to Medium Density
Residential (MDR)

Summary of request: This request is to amend the existing Macedonia Village Planned Development District in
order to add an option of single family attached residential as alternate use, remove language that requires Tract C
to be limited to retirement and or assisted dependent living units, and to remove a general condition that mandates
construction of a north-south collector roadway.

LOCATION OF PROPERTY: Vicinity Map

Tryon Road and Piney Plains Road

APPLICANT:

Qwest Properties, LLC

130 Edinburgh (South)

Suite 204

Cary , NC 27511

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s)	Real Estate ID(s)	Area (Acres)
Qwest Properties LLC	0772489253	0055795	7.55
Total Acreage			7.55

REQUESTED LAND DEVELOPMENT PROPOSAL (PDD Doc, Map of Tract C )
This request is to amend the existing Macedonia Village Planned Development District in order to add an option of single family attached residential as alternate use, remove language that requires Tract C to be limited to retirement and or assisted dependent living units, and to remove a general condition that mandates construction of a north-south collector roadway.
*Parcel*	*Maximum Density (Du/Ac)*	*Acreage*	*Total Units*	*Minimum* *Lot* *Size*
Tract C	5.56	20.6	42	N/A

TOWN OF CARY
CASE MANAGER:

Juliet Andes , Senior Transportation Planner

Phone: (919) 462-2008

E-mail: juliet.andes@townofcary.org

MEETING SCHEDULE:
TOWN COUNCIL PUBLIC HEARING – July 28, 2005

Staff Recommendation: Continued to June 9^,2005 . Staff recommended forwarding the case to the Planning and Zoning Board.

Action: Town Council approved forwarding the case to the Planning and Zoning Board for review at its August 15, 2005 meeting.

PLANNING & ZONING BOARD – August 15, 2005

Staff Recommendation: Staff recommends approval with the exception of the request to remove the north-south collector road condition.
Action: The Planning and Zoning Board recommended approval (6-3) of the request supporting staff’s recommendation to approve the land use portion of the amendment but to not remove the Collector Road condition from the original PUD approval.

Public Hearing Comments: N/A

TOWN COUNCIL ACTION – September 8, 2005

Staff Recommendation: Staff recommends approval of the request.

Action:

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING: None

CHANGES SINCE THE PLANNING & ZONING BOARD MEETING: None

STAFF RECOMMENDATION: Staff believes that the land use portion of the amendment request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)) and recommends approval. Staff does not support the transportation portion of the amendment request pertaining to the deletion of the north-south collector road condition from the original PUD. The applicant committed to building the off-site road improvements in the original PUD which impacted subsequent planning decisions on adjacent property. The collector road is part of a required transportation network on both the Town’s adopted Comprehensive Transportation Plan and the Southeast Area Plan. Should the condition be removed from the original PUD, completion of the collector road to the north is not guaranteed and would occur only with the development of Tract 5 (approved for 25 residential units) in the Dellinger PUD.

This request is consistent with the current Town of Cary Land Use Plan .
Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.) Other than the deletion of the off-site collector road, the proposed amendments to the existing PUD will not affect the provision of adequate public facilities.
The proposed rezoning is unlikely to have a significant impact on the natural environment. There has been no change to the proposed density on this parcel that would have significant environmental impacts.
The proposed rezoning will not have a significant adverse impact on other property in the vicinity. There has been no change to the proposed density on this parcel that would result in adverse impacts to neighboring properties.
The proposed zoning classification is suitable for the property. The zoning classification is consistent with the Town’s plan.

The Macedonia Village PUD is bordered to the north by the Dellinger PUD. Macedonia Village PUD was approved in 1998 and the Dellinger PUD was approved in 2001. The north/south collector road condition of approval for Macedonia Village had an impact on subsequent submittals, particularly regarding construction, phasing and timing of the collector road north from Macedonia Village PUD through Dellinger to the intersection of Dillard Dr. and Piney Plains.

The approved Dellinger PUD area south of Dillard Dr. and adjacent to Macedonia Village consists of three tracts: 3, 4 and 5. Tract 3 is 3.1 acres and approved for proposed commercial use, Tract 4 is 14.1 acres and approved for proposed mixed use; and Tract 5 is 4.6 acres and approved for 25 proposed residential units. The approved Dellinger PUD references the Macedonia Village condition that the north/south collector road is to be constructed in conjunction with the Lodges at Crossroads. Should Dellinger decide to develop south of Dillard Dr. prior to the Macedonia Village development of Tract C, the approved PUD states development of tracts 3 and 4 would require construction of the north/south collector from Dillard Dr. to the stream buffer only. Completion of the full collector road from the stream to the southeast property corner would be required only at the time Tract 5 is developed.

To date, Macedonia Village has been required to make improvements to their frontage along Piney Plains Rd. and Tryon Rd. The applicant was also required to install a right turn lane on Piney Plains Rd. at its intersection with Tryon Rd. Tryon Village is constructing the southern portion of the collector road from Macedonia Village to Tryon Rd.

ZONING: Zoning Map

Current: Planned Development District (PDD) Major

Proposed: Planned Development District (PDD) Major

EXISTING ZONING CONDITIONS:

Tract C:

1) All multi-family uses limited to retirement units and or assisted/dependent living. Retirement units shall be defined as a development intended for “housing for older persons” and shall conform to the requirements to the U.S. Fair Housing Act., Section 42-U.S.C. 3607. The Town will not be responsible for ensuring compliance with the terms of the Act.

Assisted/dependent living shall be defined as residences for the frail elderly that provide rooms, meals, personal care, and supervision of self-administered medication. They may also provide other services, such as recreational activities, financial services, and transportation.

PROPOSED ZONING CONDITIONS:

Tract C:

Comment: Assisted living facilities (or assisted care facilities) range in size from a few rooms to more than a hundred. The facilities are sometimes combined with other types of housing, such as congregate apartment housing for the elderly and residential health care facilities.

4) Maximum number of units shall be 125.

Tract D:

10) All road widening along the PUD property frontage on Tryon Road and Piney Plains Road will be constructed in Phase 1 to include:

a) Adding exclusive left turn lanes on the eastbound and westbound approaches of Tryon Road at the Piney Plains intersection.

b) Adding an exclusive southbound right turn lane on Piney Plains Road at the Tryon Road/Piney Plains Road intersection

At Phase 3 of the PUD the north-south collector road will be constructed from Tryon Road to the intersection of Dillard Drive at Piney Plains Road . If the Town of Cary develops the park prior to Phase 3, the Town will build the north-south collector from Tryon Road to Tract C at the Town’s expense.

Road improvements at Phase 3 will include:

a) adding exclusive left and right turn lanes southbound from the new collector road to Tryon Road

b) Adding an exclusive left turn lane from Tryon Road onto the new collector road

4) Maximum number of units shall be 42 town home units or 125 multi-family units.

Tract D:

10) All road widening along the PUD property frontage on Tryon Road and Piney Plains Road will be constructed in Phase 1 to include:

a) Adding exclusive left turn lanes on the eastbound and westbound approaches of Tryon Road at the Piney Plains intersection.

b) Adding an exclusive southbound right turn lane on Piney Plains Road at the Tryon Road/Piney Plains Road intersection

~~At Phase 3 of the PUD the north-south collector road will be constructed from~~ ~~Tryon Road~~ ~~to the intersection of~~ ~~Dillard Drive~~ at ~~Piney Plains Road~~ ~~. If the Town of~~ ~~Cary~~ ~~develops the park prior to Phase 3, the Town will build the north-south collector from~~ ~~Tryon Road~~ ~~to Tract C at the Town’s expense.~~

~~Road improvements at Phase 3 will include:~~

~~c) adding exclusive left and right turn lanes southbound from the new collector road to~~ ~~Tryon Road~~

~~d) Adding an exclusive left turn lane from~~ ~~Tryon Road~~ ~~onto the new collector road~~

APPLICANT’S JUSTIFICATION STATEMENT ( April 25, 2005 ): This request is to make minor revisions to the existing Macedonia Village PDD. The first request is to eliminate the age restricted requirement for Tract C and add an option for single-family attached town homes as an alternative use. The second request is to eliminate the north-south collector road with respect to offsite improvements.

The Macedonia Village PDD was approved by the Town Council in 1998. Since that time, changes have occurred in
the Town’s policies and practices. These two revisions are in keeping with current policies and practices in place at the present time.

TOWN OF CARY LAND USE PLAN DESIGNATION : Land Use Map
Current: Medium to High Density Residential (HDR); or Mixed Use (MXD) if the tract were to be incorporated into the overall Activity Center Concept Plan for the Tryon Village Community Activity Center Concept Plan.

Existing Land Use Plan Designation: Medium Density Residential (MDR) and Office/Institutional (OFC/INS)

Existing Land Use Plan Designation: Office/Institutional (OFS/INS), Parks (PKS), and Low Density
Residential (LDR)

Existing Land Use Plan Designation: Office/Institutional (OFS/INS), Medium Density Residential (MDR),
Institutional (INS), and High Density Residential (HDR)

Parks & Greenways Parks and Greenways Map: There are no additional parks or greenways comments
related to this amendment according to the Parks, Recreation and Cultural Resources Facilities Master Plan.

Traffic Impact Analysis (Traffic Impact Study): Traffic Impact Study has been completed by the Town Traffic Consultant – Stantec as part of the Tryon Village Traffic Impact Analysis (TIA). The results were that all signalized intersections and site driveways operate at level of service “D” or better. No additional improvements are required beyond the requirements of the Comprehensive Transportation Plan.

Schools: The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.

School Information
	Enrollment	Permanent Seat Capacity	Average Percent Occupied	Projected Number of Additional Students
Elementary	16,886	17,002	99%	7
Middle	7,937	8,365	95%	4
High	8,438	8,578	98%	5
Total for all Area Schools	33,261	33,945	98%	16
Assigned Schools
Swift Creek Elementary	414	531	78%	7
Dillard Middle	1,047	1,023	102%	4
Athens Drive	1,760	1,792	98%	5
Total for all Assigned Schools	3,221	3,346		16

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2003 as supplied by the Wake County Public School System. School assignment will be determined at the time of development.

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.

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land. Specific development requirements related to the technical aspects of land development, such as access, storm water management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process. However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. All such requirements can be found at http:vic.townofcary.org.

PARCEL & OWNER INFORMATION