Rezoning Case 05-REZ-36
 Chatham Pointe Planned Development District (PDD)
Staff Recommendation To Town Council 

1.  Background Information

This request seeks to create a small commercial area (3.1 acres) with an adjoining multi-family
residential development (13.16 acres).   

Requested Zoning:  Planned Development District (PDD)
Existing Zoning:  General Commercial (GC)

Acreage:  16.25 

Location:  Vicinity Map
Northeast intersection of West Chatham and Old Apex Road

Town Of Cary Land Use Plan Designation:   Land Use Map
Current:  High Density Residential (HDR) and Commercial (COM)
Proposed:  No change  

Owner/Representative:
Aaron Pechota and Tonya Haddock
The NRP Group LLC
8601 Six Forks Road, Suite 400
Raleigh, NC 27615
(919) 882-2133
FAX (919) 882-2137
apechota@nrpgroup.com and thaddock@nrpgroup.com  

Applicants Contact:
Beth Lewis
Chas H. Sells, Inc
15401 Weston Parkway, Suite 100
Cary, NC 27513

Town Of Cary Case Manager: 
Philip Smith, Planning Manager
(919) 469-4029
philip.smith@townofcary.org

2.  Summary of Requested Rezoning  

3.  Feedback At Town Council Public Hearing 
No one spoke at the public hearing.

4.  Staff Analysis

A.  Transportation

Adjacent/Nearby Roadways on Our Transportation Plan
Existing – West Chatham Street - Two Lane Roadway
Future –  Three Lane with Wide Outside Lanes
Schedule –  Not currently included in Capital Improvement Plan

B.  Parks & Greenways
There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan.  A payment-in-lieu for the value of approximately 5.63 acres will be required if approved.

C.  Traffic Impact Analysis
This PDD change should decrease the number of trips to the site. However, a traffic impact study may be required at site plan.

5.  Staff Recommendation On Rezoning With Findings and Reasons 

Staff recommends that this request be approved in accordance with Chatham Pointe Planned Development District submittal dated October 31, 2005. 

FINDINGS AND REASONS 

1.  This request is consistent with the current Town of Cary Comprehensive Plan.  The rezoning request actually brings the permitted uses on the site more into compliance with the existing land use designation.  This is particularly true of Parcel 2 where the land use designation is high density residential and the current zoning is general commercial.  

2.  The proposed density of this site is similar to the adjacent development and adequate protection is provided through our Land Development Ordinance regulations.

3.  The Planned Development document contains conditions related to buffer width and uses which addresses the significant impacts on adjacent properties. 

6.  Planning and Zoning Board Recommendation ( February 20, 2006 )  

The Planning and Zoning Board finds that this request is consistent with the current Town of Cary Comprehensive Plan for the reasons cited in the staff recommendation.  The Planning and Zoning Board recommends that this request be approved in accordance with Chatham Pointe Planned Development District submittal dated October 31, 2005 .  (Vote 10-0)  

CHANGES SINCE THE PLANNING AND ZONING BOARD MEETING: No Changes

STAFF RECOMMENDATION: Staff recommends approval of the request.

7.  Reference Information   

Meeting Schedule

Town Council Public Hearing
Date:  December 15, 2005
Action:  Forwarded the request to the February 20, 2006 Planning and Zoning Board

Planning & Zoning Board
Date:  February 20, 2006
Recommendation:  Staff recommends approval of the request.
Action: The P&Z Board voted unanimously to approve the request (10-0).

Town Council Action
Date:  March 9, 2006

Zoning:  Zoning Map

Current:  GC (General Commercial)
Proposed:  PDD (Planned Development District) 

Applicant's Justification Statement Submitted October 31, 2005:
Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary.

This application includes a request to amend the zoning of a 16.25 acre parcel of land by creating a Planned Development District (PDD).  No Land Use Plan amendment is requested.  The PDD will consist of 3.1 acres of commercial and office uses, and 13.147 acres of multi-family residential uses developed at 15 units per acre, up to a total of 197 units.  This request would remove 3.1 acres from the Oxxford Hunt PDD (Parcel 1) and compile it with 13.147 acres (Parcel 2) to create a new PDD of 16.25 acres.  The requested rezoning meets the following criteria for approval from Sec. 3.4.1 of the LDO:

1.         The requested rezoning corrects an error or meets the challenge of a changing condition.  
Parcel 1 – This parcel is now part of the Oxxford Hunt PDD, but has no physical connection to Oxxford Hunt.  Creating a new PDD with Parcels 1 and 2 will permit cohesive development of the entire 16 acre tract.  The commercial intersection in Oxxford Hunt has not developed as was planned years ago, since larger retail and service areas have been established at the Old Apex/Cary Parkway and High House/Maynard intersections.  Developing a mixed use PDD at this intersection reflects and would support the way the area has developed over the past 20 years.

Parcel 2 - The Land Use Plan for Parcel 2 calls for Medium to High Density Residential with an alternate use of Commercial.  The current zoning reflects the Commercial designation.  The applicant seeks to amend the zoning designation to PDD Minor and install a use that would reflect the principal Land Use Plan designation, Medium to High Density Residential.

Along the north property line of Parcel 2, a 50’ wide strip of Resource Recreation zoning exists.  This was established years ago, before any zoning ordinance required buffering.  The current LDO requires a 30’ Type “B” buffer between townhomes and multi-family residential.  The applicant proposed a 30’ Type “A” buffer, which will provide more vegetation than the LDO requires and provide a more opaque buffer than the existing vegetation would provide were it left as a Resource Recreation area.

2.         The rezoning is consistent with the Comprehensive Plan.  The rezoning request makes the potential use of Parcel 2 meet the principal designation of the Land Use Plan.  The Plan calls for commercial uses at the intersection and medium to high density residential uses on the remainder of the area, and this PDD provides those uses in those locations.  

3.        The Town and other service providers will be able to adequately serve the development.  The property is, in effect, an infill project.  As such, municipal and other services exist in the area.  In addition, the new C-Tran fixed route service that is set to begin in late 2005 will travel less than ¼ mile from this development.  Locating high density residential uses in close proximity to public transportation is a hallmark of good planning.  

4.        The proposed development will likely have no significant adverse effect on the environment and surrounding properties.  The change in use of Parcel 2, from commercial to residential, will create fewer impacts than would be created by the current zoning.  Traffic, noise, and light generated by a residential development will be less than those effects generated by commercial development.  Additionally, the property to the north of this parcel is developed in a like manner, so further multi-family residential use would be appropriate.  In general, residential development as is planned generates approximately ¼ of the daily traffic that commercial development on the same sized tract would generate, decreasing the transportation impacts on all who use the nearby roads and intersections.  

5.        The proposed zoning classification is suitable for the property.  The proposed zoning change will bring the use of Parcel 2 into compliance with the current principal Land Use Plan designation.  The requested PDD zoning will provide for a cohesive development of the entire 16 acre tract, something not possible now with 3 acres within the Oxxford Hunt PDD and 13 acres outside of the existing PDD.  The proposed PDD will provide the uses foreseen by the Comprehensive Plan in the locations delineated by the Plan.

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.