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1.
Background Information Current: The property is zoned Planned Development District (PDD) - allowable uses are single-family and townhouse development Proposed:
Planned Development District Amendment The request would amend the list of permitted uses by adding schools as an alternate use in lieu of townhouse development. Currently only single-family and townhouse development is permitted within the Laurel Park PDD. Acreage:
Approximately
38.00 Location: The property is located at 2450 Laura Duncan Road, southeast of the intersection of Laura Duncan Road and Old Apex Road Owner:
Representative: Town of
Cary Case Manager: 2.
Summary of Requested Rezoning B. Traffic Impact Analysis 1.
Improvements
required by the Comprehensive Transportation Plan 2. Bus and parent drop off access off of main access road for the potential school and residential development is needed. C.
Parks & Greenways 3.
Feedback at Town Council Public Hearing:
At the public hearing concerns were expressed about
the type of school that may be located on a portion of the site.
A nearby resident was concerned that the site could be used by for
a high school. Based on
information from Wake County Schools, this site is approximately 18 acres
and does not meet the size requirements for a high school.
Changes Since Town Council Public Hearing The applicant has modified the planned development to add an alternative master plan which shows the specific area that may be used for a school. The applicant has also modified some of the requirements to clarify language, remove wording that exempts the planned development from future code changes regarding buffers, and provides for a buffer for the recreation site if it is constructed. 4.
Staff Observation: Staff
makes the following observations regarding this request: The buffers types and widths for the school
site should mitigate any impacts on adjacent development. Assisting Wake
County
in the provision of schools is consistent with the Vision Element of the
Comprehensive Plan. 5.
Planning and Zoning Board Recommendation (April
17, 2006): At its April 17th meeting, the Board voted 10-0 to recommend the adoption of the ordinance to approve the amendment as presented for the following reasons:
1. the request is consistent with the Comprehensive Plan and its
Vision Element to assist with the provision of schools
6.
Town Council Motion Options: (Ordinances
are at the end of this report) Rezoning 06-REZ-04
[vote] Motion #2 To
adopt the ordinance amending the zoning map by amending the Laurel Park
Planned Development District as set forth in associated document and map
dated April 6, 2006 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] Approval
Motion: The
Planning and Zoning Board finds that this request is consistent with the
current Town of Cary Comprehensive Plan
for the reasons cited in this report.
The Planning and Zoning Board recommends that this request be
approved in accordance with Laurel Park Planned Development District
submittal dated April 7, 2006.
Denial
Motion: The
Planning and Zoning Board finds that this request is not consistent with
the current Town of Cary Comprehensive Plan
for the following reasons: 6.
Reference Information Meeting Schedule Town Council
Action: 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 this 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.
Applicant’s
Justification Statement Submitted August 29,
2005 The approved PDD document does not allow schools as a permitted use. The amendment adds schools as a permitted use only where identified as an alternate use on the Master Plan. The existing Bespak facility is being proposed for an elementary school. Given the location of the Apex Town Park and the surrounding residential neighborhoods, this is an excellent location for a school. PDD Document pdf and html versions; PDD Map 8. Ordinances for Consideration: 06-REZ-04 Planned
Development District Amendment AN
ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE
THE ZONING OF APPROXIMATELY 38.00 ACRES LOCATED
SOUTHEAST OF THE INTERSECTION OF LAURA
DUNCAN ROAD AND
OLD APEX 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 Planned
Development District 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
Planned Development District to Planned Development District Amendment is
hereby authorized subject to all the requirements and provisions set forth
in the Laurel Park Plan Development document dated April
6, 2006. 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) |
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