TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO 
TOWN COUNCIL

REZONING PETITION:  05-REZ-26, Amberly Planned Development District (PDD) Amendment

This request would amend the Amberly Master Plan by adding 39.60 acres to the northwestern side of Amberly adjacent to the age restricted portion of the development.  Adding the property would enhance the overall site design and layout of the age restricted section of Amberly with no increase in the number of dwelling units previously approved.  

LAND USE PLAN AMENDMENT:  05-LPA-13, Low Density Residential (LDR) and Very Low Density Residential (VLDR) to Medium Density Residential (MDR)

The 38.85 acres proposed to be added to Amberly is located in Chatham County, but is also within Cary’s urban service boundary and has a future land use designation of Low Density Residential (LDR).  A small portion of the property, located in the southwest corner of the intersection of O’Kelly Chapel Road and Pittard Sears Road and has a future land use designation of Very Low Density Residential (VLDR).  The adjoining age-restricted tract of Amberly has a land use designation of Low Density Residential (LDR) to Medium Density Residential (MDR) and is approved for 4.02 du/ac.  Adding an additional 39 acres with no unit increase would lower the age-restricted density to 3.60 du/ac.  A Land Use Plan amendment would be required in order to change the future Low Density Residential (LDR) and Very Low Density Residential (VLDR) designations to Medium Density Residential (MDR).

LOCATION OF PROPERTY:  Vicinity map

The property is located south of O’Kelly Chapel Road, east of Pittard Sears Road, southwest of the intersection of Pittard Sears Road and O’Kelly Chapel Road.  The site is also approximately 5,400 feet west of the intersection of O’Kelly Chapel Road and Green Level to Durham Road

APPLICANT:

Glenda Toppe
Jerry Turner and Associates, Inc.

905 Jones Franklin Road
Raleigh, NC 27606

Phone:  919/851-7150
FAX:  919/851-7547
E-mail:  gtoppe@jerryturnerassoc.com

PARCEL & OWNER INFORMATION  (PDD Amendment - PDF or HTML, map)

Property Owner(s)

County Parcel Number(s)

Real Estate ID(s)

Area (Acres)

Seagroves Roscoe ETAL
8389 NC Hwy 751

Durham, NC 27713

63642 (Chatham County

Q1-13A

39.60

Total Acreage

 

 

39.60

 

REQUESTED LAND DEVELOPMENT PROPOSAL

The age-restricted (AR) tract of Amberly PDD currently contains 335.68 acres and is approved for a maximum of 1,350 dwelling units (4.02 du/ac.).  This amendment would add 39.60 acres to the AR tract (374.53 ac. total) with no increase in the number of units.  The new density for the AR tract would be 3.60 du/ac.

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

63642 (Chatham County

3.61 du/ac

374.53 ac.

1,350 units

N/A

TOWN OF CARY
CASE MANAGER: 
Bob Benfield, Senior Planner

Phone:  919/469-4045

E-mail: bob.benfield@townofcary.org

MEETING SCHEDULE: 

    TOWN COUNCIL PUBLIC HEARING – August 11, 2005

    Action:  The Town Council forwarded the request to the October 24, 2005 Planning and Zoning Board.  

PLANNING AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS: - October 24, 2005

    Action:  After a few minor questions regarding the request, the Planning Board forwarded the request to the
November 10, 2005
, Town Council meeting with the following recommendations:

·   Land Use Plan amendment request:  The Planning Board voted unanimously (10-0) to approve the request.

·   Planned Development District amendment request:  The Planning Board voted unanimously (10-0) to approve the request.  

TOWN COUNCIL ACTION - November 10, 2005

Action:  At the request of the applicant, action on the plan was deferred to the December 15, 2005 Town Council meeting.

TOWN COUNCIL ACTION – December 15, 2005

Action:  

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING: 

There have been no changes to this request since the August 11, 2005 public hearing.  

NEIGHBORHOOD CONCERNS:

  • Annexing lands located within Chatham County
  • Increase in density in Chatham County (low density to medium density)

STAFF RECOMMENDATION: 

Staff recommends approval of the request to add an additional 38.85 acres to the AR (Age Restricted) Tract of Amberly, PDD.

ANALYSIS:

Land Use Plan Amendment 05-LPA-13:  Comprehensive Plan:

The AR Tract of Amberly is located entirely within Chatham County.  The area of expansion of the AR Tract is also located within Chatham County in an area previously approved as part of Cary’s Northwest Area Plan.  The Northwest Area Plan provides for low density residential development (I to 3 units per acre) in this area of the Plan, which is isolated from adjoining western lands designated for very low residential development (less than 1 unit per acre) by Pittard Sears Road.  Therefore, staff supports the Planned Development Amendment as requested.  

Planned Development District Request:

As stated by the applicant, a large portion of the housing in Amberly has been designated as age-restricted.  The parcel being requested for inclusion into the PDD will be part of the age-restricted section of Amberly.  Even though acreage is being added to the PDD, no additional housing units are being requested.  The additional acreage will allow more flexibility and sensitivity in the design of the age-restricted portion of Amberly.  Therefore, staff supports the Land Use Plan amendment as requested. 

ZONING:   Zoning map 

    Current:  Chatham County Residential Agricultural-40 (RA-40)

    Proposed:  Planned Development District (PDD)  

APPLICANT’S JUSTIFICATION STATEMENT (June 27, 2005):

Amberly is a mixed-use development offering a variety of housing types.   A large portion of the housing in Amberly has been designated as age-restricted.  The parcel being requested for inclusion into the PDD will be part of the age-restricted section of Amberly.  Even though acreage is being added to the PDD, no additional housing units are being requested.  The additional acreage will allow more flexibility and sensitivity in the design of the age-restricted portion of Amberly.

TOWN OF
CARY LAND USE PLAN DESIGNATION: Land Use Plan map 

    Current:  Very Low Density Residential (VLDR) and Low Density Residential (LDR)

    Proposed:  Medium Density Residential (MDR)

ADJACENT ZONING & LAND USES:  

North:  

Existing Use:  Single-family residence

Existing Zoning:  Chatham County Residential Agricultural-40 (RA-40)

Existing Land Use Plan Designation:  Very Low Density Residential (VLDR)

East:  

Existing Use:  Vacant (Proposed age-restricted on the Amberly Master Plan)

Existing Zoning:  Planned Development District (PDD)

Existing Land Use Plan Designation:  Low Density Residential (LDR) to Medium Density Residential (MDR)  

South:  

     Existing Use:  Vacant

     Existing Zoning:  Planned Development District (PDD)

     Existing Land Use Plan Designation:  Low Density Residential (LDR) to Medium Density Residential (MDR)  

West:  

     Existing Use:  Vacant and single-family residence

     Existing Zoning:  Chatham County Residential Agricultural-40 (RA-40)

     Existing Land Use Plan Designation:  Very Low Density Residential (VLDR)  

Parks & Greenways:  There are no additional parks or greenways issues related to this amendment based on the Parks, Recreation and Cultural Resources Facilities Master Plan. parks and greenways map 

Traffic Impact Analysis:  No increase in traffic trips is expected.  Therefore, no Traffic Impact Study is required.  

Development Plan Issues:   

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, stormwater 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.