Rezoning 06

06-REZ-09 Crossroads Activity Center Overlay District Amendment Staff Report to Town Council

Town-Initiated Zoning: Amendment to the Crossroads Mixed Use Overlay District Boundary

Conformity with Land Use Plan Designation: Yes. A Comprehensive Plan Amendment is not required for an ACOD rezoning request. The associated activity center concept plan land use is consistent with the high to medium density residential designation (12 units per acre limit) on Cary’s Land Use Plan. The Land Use Plan has an alternative designation of Office and Institutional. The proposed residential uses are consistent with those recommended for this Regional Activity Center. Land use map

Location: Vicinity map
The property is located along Piney Plains Road, northwest of the intersection of Stephen Road and Piney Plains Road

Town of Cary Case Manager
Ricky Barker, Associate Planning Director
316 N Academy Street, Cary, NC 27513
(919) 469-4085
ricky.barker@townofcary.org

The Town is initiating an expansion of the Crossroads Regional Mixed Use Overlay boundary to include the entire property associated with the requested activity center concept plan for a high density development (refer to 06-AC-01 Piney Plains Activity Center Concept Plan).

Piney Plains Road
Existing Roadway Section: 2 to 5 lanes, 70’ to 100’ r/w
Future Roadway Section: 4 lane median divided, 100’ r/w
Schedule: widening to a 5-lane undivided section underway
Sidewalk Requirements: both sides

Stephens Road
Existing Roadway Section: 2 lanes, 50’ r/w
Future Roadway Section: 3 lanes, 70’ r/w
Schedule: with development
Sidewalk Requirements: both sides

Traffic Impact Analysis
A traffic impact study has been prepared by Town of Cary traffic consultant HNTB dated February 2006 for the associated Activity Center Concept Plan request. The study recommends a westbound right turn lane at the intersection of Dillard Drive and Walnut Street. All intersections will operate at level of service “D” or better.

Parks & Greenways
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, a proposed Town of Cary greenway bisects the site. This greenway will connect with the Kids Together Park and the US 1/64 Pedestrian Bridge to the west as well as with the proposed Tryon Road Park to the south. Because the housing type for this project is proposed to be apartments, there will be no required park land dedication. The applicant will be responsible for constructing the public greenway that extends through the site since the project is located within an activity center. The PRCR Advisory Board will review this project at its June 5, 2006 meeting. Greenways map

Meeting Schedule:
Town Council Public Hearing
Date: April 27, 2006
Action: Forwarded to the June 19, 2006 Planning and Zoning Board meeting

Planning & Zoning Board
Date: June 19, 2006
Action: Recommended to the July 27, 2006 Town Council meeting for approval.

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
Assigned Schools	Enrollment		Permanent Seat Capacity	Average Percent Occupied	Projected Number of Additional Students
Combs Elementary		749	684	110	30-103
Dillard Middle		975	971	100	18 - 67
Athens Drive High		1,767	1,792	99	11- 55
Total Projected range of additional students:					58 - 225

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2005-2006 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. For example a site with 299 two-bedroom units could yield 58 additional students, while 299 three bedroom units could yield 225 students. The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment. At rezoning, student yield can not be accurately determined due to unknown variables.

Concerns from people that spoke were primarily focused on the associated Activity Center Concept Plan (See 06-AC-01).

This is a logical extension of the Regional Activity Center Boundary. The rezoning is consistent with the comprehensive plan and the uses allowed within the Overlay District is supported by the Land Use Plan designation for multifamily at a density of no more than 12 units per acre. Staff recommends approval of this request.

The Planning and Zoning Board voted 10-0 to recommend the adoption of the ordinance to approve to amend the Land Development Ordinance Map related to this request for the reasons stated by staff.

The proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest as set forth in statement of reasonableness, the staff reports and P&Z recommendation.

To adopt the ordinance amending the zoning map by designating the boundary of the Crossroads Mixed Use Overlay District, as set forth in the Ordinance.

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 ___________.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 15.93 ACRES LOCATED along Piney Plains Road, northwest of the intersection of Stephens Road and Piney Plains Road.

Section 1: The Official Zoning Map is hereby amended by rezoning from the area described as follows:

Section 2: That the rezoning from Residential 40 (R-40) to Residential 40 (R-40) with a Mixed Use Overlay District is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines.

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

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