Rezoning Case 06-REZ-10
Carpenter Hatcher Planned Development District (PDD) Amendment Staff Report to Town Council

Background Information   

Requested Zoning:  PDD Amendment Zoning map

Existing Zoning: PDD

Conformity with Land Use Plan Designation:
  This request conforms to the Medium Density Residential (MDR) land use plan designation.   Land use map 

Acreage:  1.18    

Location:  2900 Carpenter Upchurch Road, east of Carpenter Upchurch Road and south of Morrisville Carpenter Road

Vicinity map

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  

Tract 

Current Acreage

Proposed Maximum Dwelling Units 
(The amendment increases the total number of lots by one dwelling unit.)

Additional Acreage Proposed

Minimum Lot Size

Single Family

23.59 

77 

1.18 

6,000 

      

A.  Transportation           
Existing Roadway Section: 2 lanes, approximately 60’ ROW 

Future Roadway Section: collector road, 60’ ROW 

Schedule: N/A 

Sidewalk Requirements: required on both sides 

Bicycle Requirements: 14’ wide outside lane or 4’ striped bicycle lane 

Transit Requirements: Bus shelter or pull-out required   

B.  Traffic Impact Analysis:  A Traffic Impact Study has been prepared by Town traffic consultant, HNTB, dated May 2005. No changes required.   

C.  Parks & Greenways: The applicant will be required to make a payment-in-lieu of parkland dedication for the value of 2.29 acres (80/35). The applicant is also requested to dedicate a 30’ wide greenway easement along the eastern edge of the PDD per the Parks, Recreation and Cultural Resources Facilities Master Plan. The Town also agrees to provide the applicant a credit against the required payment-in-lieu for the construction, to Town standards, of an approximately 1400’ greenway segment along the eastern side of the project. Both the Greenway Committee and PRCR Advisory Board have reviewed and approved these conditions. Greenways map 

Feedback at Town Council Public Hearing:  There was no citizen feedback at the public hearing.  The applicant was present and confirmed that the impact of adding 1.18 acres to this existing PDD was minimal. There was no discussion by Town Council on the case.  

Changes since Town Council Public Hearing: The applicant modified the PDD document to include a 30’ Streetscape along Carpenter Upchurch Road.  

Staff Observation on Rezoning

Staff makes the following observations regarding this request:

The requested zoning is consistent with the Cary Land Use Plan and the Carpenter Community Plan.  The impact of adding 1.18 acre of land to the existing PDD is minor and the new area will be subject to conditions of the existing PDD, such as noise disclosure. Staff recommends approval of the PDD Amendment.  

Planning and Zoning Board Recommendation:  The Planning and Zoning Board unanimously recommended approval of the PDD Amendment  

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

Rezoning 06-REZ-10

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 to Planned Development District Amendment as set forth in 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]

Reference Information   

Meeting Schedule:   

Town Council Public Hearing 
Date: May 11, 2006
   
Action:  Town Council forwarded this request to the July 17, 2006 Planning and Zoning Board meeting.

Planning & Zoning Board: 
Date: July 17, 2006 
Action:  The Planning and Zoning Board recommended approval (9-0) and forwarded the request to the August 24, 2006 Town Council meeting.

Town Council Action:
Date:  August 24, 2006  

PARCEL & OWNER INFORMATION  PDD master plan map and PDD document html version

Property Owner(s) 

County Parcel Number(s)

Real Estate ID(s)

Area 

Fay Chandler Honeycutt 
1115 Ashford Lane 
Cary, NC 27511-4837

0735821150

0012774

1.18

Total Acreage

 

 

1.18

Applicant’s Justification Statement Submitted (provide date) 

(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):   

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 Comprehensive Plan identifies this tract for MDR.  The proposed PDD amendment is consistent with the Comprehensive Plan and with current development plans in the area.  No Comprehensive Plan amendment is required.   

What are the benefits and detriments to the owner, neighbors and the community?  The proposed PDD 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?  The allowable uses are compatible with the PDD this tract will be a part of.  Residential development is occurring 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.  

 

All Base Schools Serving the Cary Area

Projected Number of Additional Students

Type of School

Total Enrollment

Total PermanentSeat Capacity

Average Percent Occupied

Elementary

18,007

17,192

105%

1

Middle

8,176

8,280

99%

1

High

9,104

8,638

105%

1

Wake Assigned Schools

 

Current Enrollment

Building Capacity

% Occupied

Projected Number of New Students

Green Hope Elementary

879

796

110%

1

West Cary Middle

992

988

100

1

Green Hope High School

2263

2335

97%

1

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2005-2006 year 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.  Wake County Public Schools has been asked to provide the most current multipliers they use to estimate these numbers and this data will be available when this report is presented to the Planning and Zoning Board. 

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.

Ordinance for Consideration

06-REZ-10 Carpenter Hatcher PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 1.18 ACRES LOCATED east of Carpenter Upchurch Road and south of Morrisville Carpenter 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 to Carpenter Hatcher Planned Development District with an amendment to the overall Planned Development District to set a limit of 77 residential dwelling units and to expand the area described as follows: 

PARCEL & OWNER INFORMATION 

Property Owner 

County Parcel Number

Real Estate ID 

Area 

Fay Chandler Honeycutt
1115 Ashford Lane
Cary, NC 27511-4837

0735821150 

0012774 

1.18 

Total Acreage

 

 

1.18 

Section 2:  That the rezoning from Residential 40 to Carpenter Hatcher Planned Development District Amendment 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

(Signed)