06-Rez-08 Phillips Place Planned Development District Staff Report to Town Council

Background Information   

Current Zoning:  Residential 40 (R-40) and Office/Research and Development District (ORD) Zoning map  
Proposed Zoning: 
Planned Development District (PDD) 

Conformity with Land Use Plan Designation:  Land use map  
A Comprehensive Land Use Plan Amendment is required and associated case 06-CPA-04 was approved by Town Council on July 27, 2006.   

Acreage:  Approximately 77.00         

Location: Vicinity map
Northwest intersection of Old Maynard Road and McCrimmon Parkway  

Applicant:  
Glenda Toppe
Jerry Turner and Associates, Inc
905 Jones Franklin Road
Raleigh, NC 27606
(919) 851-7150
gtoppe@jerryturnerassoc.com   

Town of Cary Case Manager:   
Debra Grannan, Senior Planner
316 N Academy Street, Cary, NC 27513
(919) 460-4980
debra.grannan@townofcary.org 

Summary of Requested Rezoning    

REQUESTED LAND DEVELOPMENT PROPOSAL (PDD  html and map) 

Parcel 

Use 

Acreage 

Total Units 

Minimum Lot Size

Tract 1

Tract 3

Tract 4

Single-Family Detached 

27.95

143

5,000 square feet

Tract 2

Townhomes

14.11

142

Not specified

Open Space

 

32.72

 

 

Total 

 

 

285

 

 

Allowable Uses
If cell is blank, then use is not allowed; P=permitted use; S=special use


Use Category 

Use Type 

Single-Family 

Mixed-Residential

Open Space 

Residential Uses 

  

 

 

 

Household Living 

Accessory Dwelling 

P

P

 

 

Boarding House

 

 

 

 

Detached dwelling 

P

P

 

 

Multi-family dwelling 

 

 

 

 

Multi-family dwelling, mid rise

 

 

 

 

Patio dwelling

 

P

 

 

Semi-detached/attached dwelling  

 

P

 

 

Tandem dwelling unit 

 

P

 

 

Townhome 

 

P

 

 

Home Occupation 

P

P

 

Accessory Uses 

Accessory dwelling unit utility dwelling unit, satellite dish, swimming pool. hot tub, or spa 

P

P

 

Public/Institutional Uses 

 

 

 

 

Day Care 

 

 

 

 

 

Day Care home, large 

P

P

 

 

Day care home

P

P

 

Park and Open Space

Neighborhood recreation center, public/private 

P

P

 

Religious Assembly 

All

P

P

 

Retail Sales and Service 

Farm Market 

P

P

 

 

 

 

 

 

Transportation           
Existing Roadway Section: Louis Stephens Rd. 70’ ROW, unpaved 

Future Roadway Section: 
Louis Stephens Rd. 4-lane median divided
McCrimmon Pkwy. 4-lane median divided 
Schedule: Not scheduled  
Sidewalk Requirements: required on both sides of both roads  
Bicycle Requirements: 14’ wide outside lanes required on both roads 

Transit Requirements: none
 

Traffic Impact Analysis 

A traffic impact study has been prepared by Town of Cary traffic consultant, Martin Alexiou Bryson dated February 24, 2006. All intersections in the Town operate at level of service “D” or better at build out with required Comprehensive Transportation Plan improvements.   

Parks & Greenways 

According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the following park and greenway facilities are required within this project: 

·         The proposed Kitt Creek Greenway is along the stream buffer along the south side of tract 1, and the north side of tract 3 and the east side of tract 4. 

·         A park site is needed in this area of town. 

·         8’ wide paved private connections) will be required to any public greenway from adjacent cul-de-sacs.  

·         A parkland dedication of 8.14 acres will be required to meet the Land Dedication Ordinance;

Greenways map  

Reference Information 

Meeting Schedule
Town Council Public Hearing
Date:  April 27, 2006
Action:  Forwarded to the August 21, 2006 Planning and Zoning Board meeting.

Planning & Zoning Board:
Date:  August 21, 2006
Action: Recommended 8 -1 for approval

Town Council Action:
Date:  September 28, 2006

Applicant’s Justification Statement Submitted February 27, 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)   

Are there any issues with the size of the tract?   The size of the tract is conducive to the land uses being proposed.

How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources?)  The proposed Comprehensive Plan amendment represents a compatible change to the adopted Comprehensive Plan given the current development patterns in the area.  With the change, the use will be consistent.   

What are the benefits and detriments to the owner, neighbors and the community?  The proposed Comprehensive Plan amendment proposes uses that are less intense than the current designation of Office.  Because office is no longer being proposed, a traffic study was not required due to this request being a down zoning. The proposed amendment is compatible with the neighboring properties.  The regulations in the Town’s LDO will provide adequate protection to the adjacent properties.

How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?  Since the adoption of the current Comprehensive Plan, circumstances have changed in the area of the proposed amendment.  The predominant land use is residential.  This proposal is compatible with the current development in the area.

Schools 

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

School Information 

 

Enrollment 

Permanent
Seat Capacity 

Average Percent Occupied 

Projected Number of Additional Students 

Elementary

16,886

17,002

99.32

49

Middle

7937

8365

94.88

25

High

8438

8578

98.37

35

Assigned Schools 

Green Hope Elementary

743

807

92.07

49

West Cary Middle

943

988

95.45

25

Green Hope High

2104

2347

89.65

35

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   

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.

Feedback at Town Council Public Hearing: 

The applicant asserted that the proposed development represents a change which is consistent current development trends in the area, and proposes uses that are less intense than the land uses now planned for this property. There were no protest petitions filed and no one spoke in opposition to the request.     

Changes since Town Council Public Hearing

The document has been modified to:   

Refer to the project as “Phillips Place” rather than “Olde Maynard” PDD.   

Ensure that large home day care and religious assembly use will meet the use specific requirements mandated in the LDO and will require a special use permit when located in the single-family.   

Introduce setbacks more in line with the Land Development Ordinance standards.   

Provide a 15’ landscape strip between residential use and a future recreation site. 

Staff Recommendation on the Rezoning: 

The Phillips Place Planned Development District is consistent with the Comprehensive Plan Amendment (06-CPA-04) which was approved unanimously on July 27, 2006. The plan proposes a balanced mixture of single family detached dwelling units and townhomes as well as adequate open space. Staff recommends approval of the request. 

Planning and Zoning Board Recommendation (August 21, 2006):

The Planning and Zoning Board voted 8 – 1 to recommend approval of the motion to approve the request.  The reason for the dissenting vote focused on future road connectivity and the assertion that this site needed to provide alternate access points prior to development.

Town Council Motion Options

06-REZ-08 Phillips Planned Development District
TO ADOPT
Motion #1
The 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 by approving the Phillips Planned Development District as set forth in the associated document and map 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]

Ordinance for Consideration 

06-REZ-08 Phillips Place PDD

An Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 77 acres located at the northwest intersection of Old Maynard Road and McCrimmon Parkway.   

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) and Office/Research and Development District (ORD) to Planned Development District (PDD) as set forth in the associated Phillips Place Planned Development District document and maps.  The area is described as follows:

Parcel and Owner Information

Property Owner(s)

County Parcel Number(s) (10 digit)

Real Estate ID(s)

Area (Acres)

Paul Lee Phillips
6701 Good Hope ChurchRoad
Cary, NC 27519-8869    

0735883209

0020920

31.53

Sue Bradley Phillips
6701 Good Hope Church Road
Cary, NC 27519-8869  

0735776977

0003075

1.94

Glenn & Joy Futrell
4004 NC Highway 55
Cary, NC 27519-8372  

0735771859

0143505

10.06
(Portion)

Allen R & Teresa E Phillips
1708 Petty Farm Road
Cary, NC 27519-8822   

0735781592

0302182

 28.14
(Portion)

Robert R. Pittard
6820 Good Hope Church Road
Cary, NC 27519-8870   

0735794122

0034417

12.85