TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO
TOWN COUNCIL

REZONING PETITION:  05-REZ-28 Laurel Park Planned Development District (PDD)

The request is to rezone the property from Office, Research and Development (ORD) to Planned Development District (PDD).  The request would permit 100 single-family lots and 200 townhouse units to be located on 38.06 acres.  The overall density would be 7.88 dwelling units per acre.

LAND USE PLAN AMENDMENT:  05-LPA-12 Office/Industrial (OFC/IND) to Medium Density Residential (MDR)

The Laurel Park PDD would be a mixed residential community providing an assortment of housing types at a density not to exceed 8 dwelling units per acre.  The actual proposed density is 7.88 dwelling units per acre, which is within the medium density (MDR) range of development.  In order to change the existing land use designation Office/Industrial (OFC/IND) to Medium Density Residential (MDR) a Land Use Plan amendment would be required.  

LOCATION OF PROPERTY:  Vicinity map

The property is located at 2450 Laura Duncan Road, southeast of the intersection of Laura Duncan Road and Old Apex Road 

APPLICANT:
Glenda Toppe
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
Phone:  919/851-7150
FAX:  919/951-7547
gtoppe@jerryturnerassoc.com  

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 request was forwarded to the October 24, 2005 Planning and Zoning Board meeting.  

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 request:  The Planning Board voted unanimously (10-0) to approve the request.  The recommendation includes the acceptance of a recreation payment in lieu of dedicating public recreation land. 

TOWN COUNCIL ACTION – November 10, 2005

Action:   

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING: 

Conditions added on September 28, 2005 to address neighborhood concerns:

1. All structures within 350 feet of Kilarney Woods will be no higher than 2 stories.
2. All residential homes within Laurel Park PDD backing up to Kilarney Woods will have a minimum lot width of 75 feet at the building line.
3. There will be a 60-foot buffer adjacent to Kilarney Woods comprising a 50’ wide overhead electrical line easement and an additional 10’ wide buffer located outside of the electrical line easement.  The entire 60’ wide area shall be treated as a common buffer and the first 20 feet (adjacent to Laurel Park) of buffer shall be planted to a Type A buffer standard.

NEIGHBORHOOD CONCERNS:

1. Concern with possible increase in traffic on Tallaway Drive, Cary Parkway and Old Apex Road;
2. Tallaway Drive should not be used for construction traffic;
3. Proposed lots be at least 75’ wide (Recommended new lots be compatible to lot sizes in Kilarney Woods.);
4. Limit building height to no more than two-stories;
5. Existing pond should be incorporated into open space, and if filled in, landscaped as a naturally wooded area.  (The Master Plan has been modified to include a note stating that if the pond is removed an existing 200’ wide riparian buffer zone would remain.  Any existing woods within the buffer area would remain and if no natural forest area is present, the buffer areas would be reforested.);
6. Provide a 20’ wide common buffer along the eastern side of the site outside of any existing easement.
7. Construction noise; and
8. Loss of privacy and quite neighborhood

** A traffic Impact Study would be required at time of construction plan submittal and should address the possible need for off site improvements at nearby intersections and roadways.  Also, staff would address concerns regarding construction traffic using Tallaway Drive at time of construction plan submittal.  (This is a development plan related issue and not a land use issue.)  

STAFF RECOMMENDATION: 

Staff recommends approval of the request.  The recommendation includes the acceptance of a recreation payment-in-lieu of dedicating public recreation land.  

A)    05-LPA-12 Office/Industrial (OFC/IND) to Medium Density Residential (MDR))

Staff recommends approval of the Land Use Plan amendment.  The proposal provides an ‘infill’ opportunity with medium density residential uses to support the Parkway Pointe neighborhood activity center.  The proposal will also provide enhanced ‘walkability’ with access to the recreational facilities of the Apex Community Park  

B)    05-REZ-28 Planned Development District (PDD)

Staff recommends approval of the Planned Development Request.  The request complies with the PDD standards of Section 4.2.3 and Section 3.4.1(E) of the Land Development Ordinance and was found to meet the criteria outlined, as follows:

·         The request is consistent with the Comprehensive Plan.

The request is not consistent with Cary’s Land Use plan. However, a Land Use Plan amendment is requested to alter the land use designation to allow medium density residential development.  The location is ideally suited for medium density residential development due to it’s close proximity to existing and planned future shopping centers in the area.   The proposed PDD would also provide an appropriate land use transition from single-family development to the east and nonresidential development to the west.

·         Adequate public services are available.

Municipal services are available to the property and are currently provided to all adjoining properties.  The addition of up to 300 residential units would not unduly tax the delivery of those services.

·         The proposed rezoning is unlikely to have significant adverse impacts on the environment.

The new residential development would utilize less impervious land coverage and storm water runoff than an industrial or office use.  The development would comply with Cary’s storm water runoff requirements.

·         The proposed rezoning will not have significant impacts on other property in the vicinity of the subject tract.  The property is adequately separated from single-family development and a municipal park by common open space and opaque buffers.

·         The proposed zoning classification is suitable for the subject property.

The request represents a reasonable proposal for infill development as a transition buffer between existing single-family residential development and a municipal park.  

ZONING: Zoning map 

    Current:  Office, Research and Development (ORD)

    Proposed:  Planned Development District (PDD)  

APPLICANT’S JUSTIFICATION STATEMENT:

The request is to rezone the property from Office, Research and Development (ORD) to Planned Development District (PDD).  The request includes an amendment to the adopted Land Use Plan from Office/Industrial (OFC/IND) to Medium Density Residential (MDR).  

The existing Bespak plant is located on the site.  The proposed PDD is a planned 38-acre mixed residential community (acreage is approximate) focused on providing additional housing opportunities to the area.  The uses planned for the PDD are detached and attached residential.  The density proposed is medium.  The proposed use is an excellent reuse of the property.  The proposed residential uses within the PDD are compatible with the current residential uses in the area.  The proposed development is also in close proximity to recreational facilities and retail development, thus making it a more pedestrian friendly community.  

TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use map 

    Current:  Office, Research and Development (ORD)

    Proposed:  Medium Density Residential (MDR)  

ADJACENT ZONING & LAND USES:  

North:  

Existing Use:  Railroad line.  North of railroad line and Old Apex Road: vacant land and a Progress Energy electrical power substation.

Existing Zoning:  Residential-40 (R-40)

Existing Land Use Plan Designation:  General Commercial (GC) and Office & Institutional (OI)  

East:  

Existing Use:  Self storage facility and single-family residential

Existing Zoning:  Office Research and Development (ORD) and Residential-12 (R-12)

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

South (Apex Jurisdiction):  

     Existing Use:  Park

     Existing Zoning:  Park

     Existing Land Use Plan Designation:  Park  

West:  

     Existing Use:  Vacant and single-family residential

     Existing Zoning:  Office & Institutional (O&I) and Residential Agricultural (RA)

     Existing Land Use Plan Designation:  Mixed Use Development (MXD) and Medium Density Residential (MDR)  

Streetscape and Buffers:

The PDD would provide a 50’ wide streetscape along Laura Duncan Road , a common 30’ wide semi-opaque buffer to the north, a common 20’ wide semi-opaque buffer to the south, and common area to the east 60’ wide of which 20’ would be planted to an opaque standard.  The plan complies with all required buffer and streetscape widths and standards. 

Transportation:

Staff has agreed to administratively approve a reduction in the width of Talloway Dr. from a 33’ wide street to a 27’ wide street so long as the connection to Laura Duncan Rd. remains direct. The existing Talloway Dr. is a collector road with the existing width of a residential street (27’ wide). The applicant is proposing the extension be built to the same standard.  Staff initially had concerns about how future homeowners will be notified that they are living on a road that can expect higher than normal volumes of traffic than a typical residential street.  While this is a construction plan related concern, the applicant has indicated that a notice acknowledging the possible increase in traffic along the extension of Talloway Drive could be recorded on plats to record new lots and the homeowner’s declarations and covenants.  

Parks & Greenways: 

The Parks, Recreation and Cultural Resources Department recommend approval of a payment-in-lieu of the dedication of public park land.  The approximate dedication value would be 8.57 acres.  A multi-use trail would be located along the east side of Laura Duncan Road along the property frontage.  parks and greenways map

Traffic Impact Analysis:

Rezoning the property from Office, Research and Development (ORD) to Planned Development District (PDD) to allow medium density residential development should reduce the traffic impacts of the property.  No traffic impact study is required for rezoning.  However, a traffic impact study may be required for any subsequent site development plan submitted for review and approval.    

Reference Information:  

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

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2004 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.  

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.