06-REZ-02
Weldon Ridge Planned Development District (PDD) Amendment
Staff Report to Town Council

1.  Background Information   

Current Zoning:  Residential 40 Wake County (R-40W)  Zoning map

Proposed Zoning:  PDD Amendment  

Acreage:  5.00   Vicinity map

Street Address/Location: 1056 Ferson Road     

Applicant:  
Branston, LLC 
PO Box 3006  
Cary, NC 27519  
(919) 467-6935  

Applicant’s Contact:  
Charles R Smith, Withers & Ravenel, Inc  
111 MacKenan Drive
Cary, NC 27511
(919) 469-3340  
csmith@withersravenel.com  

Town Of Cary Case Manager:  
Debra Grannan, Senior Planner
(919) 460-4980
debra.grannan@townofcary.org  

2.  Summary of Requested Rezoning: The request is for the addition of 5 acres to be added to the SF-9 tract in the existing PDD to create 8 new lots.

A.  Transportation:

Adjacent/nearby roadways on Town of Cary Transportation Plan:

Yates Store Rd.

Green Level Church Rd.

Existing Roadway Section:

Yates Store Rd.: Not built

Green level Church Rd: 2 lanes

Future Roadway Section:

Yates Store Rd.: 4-lane, median divided

Green level Church Rd: 4-lane, median divided

Schedule: Unscheduled

Sidewalk Requirements: Both

Bicycle Requirements: Wide Outside Lane (WOL)

Transit Requirements: Bus shelter or pull-out required  

B.  Traffic Impact Analysis:  A Traffic Impact Study for Weldon Ridge was prepared by Town of Cary traffic consultant Wilbur Smith Associates dated August 2003. That study remains valid.  

C.  Parks & Greenways:  According to the PRCR Facilities Master Plan, this plan meets the following requirements:

• Parkland is being dedicated to meet the parkland dedication requirement.
• PRCR supports the additional buffer that has been proposed for properties adjacent to the American Tobacco Trail.
• PRCR supports the off-road greenway in SF-7 and SF-9 in place of sidewalks.
• As noted, 8’ private trail connections will be made to the adjacent public greenway within Parcels SF-4, SF-5, SF-6, SF-7, SF-8 and SF-9. Final locations of these private connections will be made at time of site plan approval.  Greenways Map

3.   Feedback at Town Council Public Hearing: The applicant was present and emphasized that this amendment was an addition of only five acres to a previously approved PDD. No one spoke in favor of or opposed to the request. There was no discussion on the case. 

Changes Since the Public Hearing:

Staff advised the applicant that an additional chart is required within the PDD document to define and identify open space that will be needed to comply with the density bonus option.   

4.  Staff Observation on Rezoning:

• The area being added to the PDD Complies with the Southwest Area Plan.
• The impact of adding five acres to this site is minimal and the amendment request has given staff the opportunity to work with the applicant to improve the original PDD document.
• Staff has asked the applicant make enhancements to buffers and clarification of definitions in the PDD document.

5.  Planning and Zoning Board Recommendation (May 15, 2006):

The Planning and Zoning Board voted unanimously to recommend adoption of the ordinance to approve the request for a PDD Amendment as presented for the following reasons:

• The request is consistent with the Comprehensive Plan and its Southwest Area Plan.  

• The impact of adding five acres to the larger site is minimal.

• Improvements and clarifications as requested by staff, and agreed to by the applicant, will be incorporated into the final Planned Development document.

6.  Town Council Motion Options:  (Ordinances are at the end of this report) 

06-REZ-02 Weldon Ridge PDD Amendment

TO ADOPT

Motion #1
(Required Council Statement for adopting any zoning amendment)

This proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[Vote] 

Motion #2
(To amend zoning map)

To adopt the ordinance amending the zoning map from Residential 40 Wake County (R-40W) to Planned Development District Amendment as set forth in associated document and map dated June 22, 2006 as referenced in the Ordinance.

[Vote] 

TO DENY
Motion #1
(Required Council Statement for rejecting any zoning amendment)
 

This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ________________.

[Vote]

Motion #2
(To Deny Amendment to Zoning Map)

To deny the ordinance amending the zoning map.

[Vote]

7.  Reference Information  

Meeting Schedule:

Town Council Public Hearing  
Date:  March 9, 2006
Action:  Forward to the May 15, 2006 Planning and Zoning Board meeting.  

Planning & Zoning Board:  
Date:  May 15, 2006
Action:  Forwarded to Town Council for approval (7-0)  

Town Council Action:  
Date:  June 22, 2006  

Applicant’s Justification Statement:  January 30, 2006 (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):   

The proposed amendment to Weldon Ridge adds approximately 5.0 acres to SF-9.  The purpose of the amendment is to remove perimeter buffers originally approved as part of SF-9 since they will now be interior to the site.  The added parcel will develop under the SW Area Plan and SF-9 standards.  

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 2005 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.

8.  Ordinances for Consideration:

06-REZ-02
Weldon Ridge Planned Development District Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 5.00 ACRES LOCATED AT 1056 FERSON ROAD.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:    

Section 1. The Official Zoning Map is hereby amended by rezoning from Residential 40 Wake County (R-40W) to Planned Development District Amendment (subject to those conditions set forth in Sections 2, 3 and 4 of this ordinance) the area described as follows: 

Section 2.  That the rezoning from Residential 40 Wake County (R-40W) to Planned Development District Amendment is hereby authorized subject to all the requirements and provisions set forth in the Weldon Ridge Plan Development document.

Section 3. This property will be perpetually bound to the uses authorized and subject to such conditions imposed within the document referenced above, unless subsequently changed or amended as provided for in the Cary Land Development Ordinances.  

Section 4. Any violations or failure to accept and abide by any conditions and use limitations imposed herein shall be subject to the remedies provided in the Cary LDO

Section 5. This ordinance shall be effective on the date of adoption. 

(Signed)