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Rezoning Case 06-REZ-03 Fryar Planned Development District (PDD) Staff Report to Town Council Background Information Requested Zoning:
Planned Development District (PDD) Acreage: Approximately 94.00 Street
Address/Location: Vicinity Map Applicant: Applicant’s Contact: Town
Of Cary Case Manager: Summary of Requested Rezoning The table below depicts the maximum number of units that could be developed under the proposed land use designations. The actual number of units may be less and would be affected by environmental constraints, the street and road network, zoning and design factors.
Transportation Traffic
Impact Analysis 1. Provide separate left turn lane on southbound Highcroft Drive at Green Hope School Road. 2. Widen Green Hope School Road for an eastbound left turn lane. 3. Improvements required by the Comprehensive Transportation Plan. Parks
& Greenways
Greenways map - Approval for developer to dedicate a 30’ wide greenway easement for the Green Hope School Greenway (+/- 2700 Linear Feet) that would be located on the southern side of stream buffer. Appropriate measures shall be taken so that the greenway crosses at an intersection or that a grade separated crossing is provided across Morrisville Parkway. - Approval for developer to construct to Town standards a 10’ wide concrete multi-use trail (+/- 1500 Linear Feet) along the northern side of Morrisville Parkway. (The developer will only receive a credit for constructing five feet of the multi-use trail since a sidewalk is already required.) - Approval for developer to construct to Town standards, an 10’ wide multi-use trail (+/- 2400 Linear Feet) along the eastern side of Highcroft Drive extension. (The developer will only receive a credit for constructing five feet of the multi-use trail since a sidewalk is already required.) - 8’ wide paved private connection(s) will be required to any public greenway from adjacent cul-de-sacs. - A payment in lieu of 9.20 acres will be required The PRCR Advisory Board reviewed these requirements at its June 5, 2006 meeting. Reference Information Meeting
Schedule: Action: Town Council forwarded the request to the July 17, 2006 Planning and Zoning Board meeting. The request was administratively table until the August 21, 2006 Planning and Zoning Board meeting. Planning
& Zoning Board Town
Council Action
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 Fryar PDD is a 94 acre planned community that combines a mix of low density and medium density residential uses, a small commercial area and common open space. A variety of streams and ponds and their associated buffers along with a future greenway trail and private open space opportunities that are protected and incorporated into final site designs. The plan represents an attempt to achieve balance among the current SW and NW Area Plan concepts that make up most of the site as well as acknowledge the influences of I-540 just to the west in the addition of a small commercial site along Morrisville Parkway Extension. Schools:
Current Enrollment and Building Capacity is based on the 20th 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: Feedback at Town Council Public Hearing No protest petitions filed for this request. One citizen at the public hearing expressed appreciation that the number of dwelling units was limited to 322. Council members asked for verification on the number of dwelling units proposed and requested information from Engineering about future signalization of intersections. Changes since Town Council Public Hearing: Specific development standards such as building setbacks have been modified to more closely match requirements in the Land Development Ordinance. The PDD document does not contain requests for waivers or reductions to road design standards or transportation plan requirements. Home Occupations are now permitted in all residential developments as allowed by the Land Development Ordinance. The applicant proposes enhanced streetscape planting within the Morrisville Parkway streetscape to justify the reduction from 50’ to a 30’. Staff Recommendation on Rezoning The PDD provides a balanced mixture of residential use plus a small commercial tract. The requested uses are consistent with the Town of Cary Comprehensive Land Use Plan and associated area plans. Open space per the current PDD Master Land Use Plan is limited to streetscapes, riparian buffers and Landscape strips. Open space for a recreation site or passive recreation has not been included in the. The applicant understands that any greenways and multi-use trails within the project that are dedicated to the Town may not be used to meet the 500 square feet of open space per dwelling unit requirement for developments requiring a site plan. A reduction to 30’ for the required 50’ streetscape along Morrisville Parkway has been requested with the justification that enhanced planting and an earthen berm be installed. Staff recommends approval of the PDD with the condition that the width of the streetscape along this thoroughfare not be reduced. FINDINGS AND REASONS 1. This request is consistent with the current Town of Cary Comprehensive Plan and the Northwest and Southwest area plans. 2. The proposed density of this site is similar to the adjacent development. 3. Open space requirements are not being eliminated. Recreation facilities may be included at the time of site plan review. 4. Section 7.2.4 of the Land Development Ordinance states that streetscapes along thoroughfares are required to be 50’ wide and supplemented, if necessary, to achieve a Type A (opaque) standard. Planning and Zoning Board Recommendation (August 21, 2006): The Board Voted 5-4 to recommend approval of the rezoning. A question was raised about the commercial tract appearing to be “spot zoning” and there was discussion about the possible uses on this tract in close proximity to residential use. Staff state that there were no restrictions proposed on the use for this commercial tract and that this parcel did conform to the Land Use Plan. A board member expressed concern about the segment of McCrimmon Parkway within this development not connecting in a timely manner to other sections of this thoroughfare. Town Council Motion Options 06-REZ-03
Fryar Planned Development District [Vote] Motion
#2 To adopt the ordinance amending the zoning map by approving the Fryar Planned Development District as set forth in the associated document and map as referenced in the Ordinance. [Vote] TO
DENY 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 the ordinance amending the zoning map: [Vote] Ordinance for Consideration 06-REZ-03 Fryar PDD AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 94.00 ACRES LOCATED AT GREEN HOPE SCHOOL ROAD AND FRYARS FRONTIER TRAIL. 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 (R-40) to Planned Development District (PDD) as set forth in Fryars Planned Development District Documents. The area is described as follows:
Section 2: That the rezoning from Residential 40 (R-40) to Planned Development District (PDD) is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines as established in the Fryar Planned Development District Documents. Section 3: This property will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance. Section 4: Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO. SIGNED,
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