06-REZ-15 Greystone Planned Development District Amendment (formerly Gabel Farms PDD) Staff Report to Town Council

Background Information 

Existing Zoning:  Planned Development District (PDD) Zoning map

Requested Zoning:  PDD Amendment 

Conformity with Land Use Plan Designation:  Yes.  There is no change requested to the land use plan designation. Land use map

Acreage:  Approximately 197.00   Vicinity map

Location:  Intersection of Green Level to Durham Road and Green Level Church Road  

Applicant:
Don Fraley,  MI  Homes LLC
1500 Sunday Drive, Suite 113
Raleigh,  NC  27604
(919) 828-1106 
dfraley@mihomes.com   

Applicant’s Contact: 
Travis Morehead, Elam Todd and d’Ambrosi
2880 Slater Road
Morrisville, NC 27650
(919) 819-1576
tmorehead@etdpa.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

Amendments to existing Greystone PDD (Documents and Maps) 

A.  Modifications Included in Planned Development

• No minimum side yard setback for detached dwellings;  
• No buffers between the recreation site and adjacent residential use.   
• Reduction in open space from previously approved Greystone (previously Gabel Farms) Planned Development. 

These modifications will be evaluated through the review process to determine their appropriateness.  In addition, general clarifications to the document text and charts will be evaluated and any additional exemptions/reductions to the general development standards of the Land Development Ordinance will be identified and evaluated.  

B.  Transportation             
Existing Roadway: Green Level Church: 60’ right-of-way (ROW), 2-lane road
Green Level to Durham: 60’ ROW, unpaved
Future Roadway: Green Level Church: 110’ ROW, 4-lane median divided
Green Level to Durham: 124’ ROW, 4-lane median divided (reservation for 6 lanes) schedule: Green Level to Durham (Carpenter Fire Station to O’Kelly) FY 06-08 in CIB, Green Level Church widening (USA Baseball) FY07 in CIB
Sidewalk Requirements: Sidewalk required on both sides of both roads
Bicycle Requirements: Wide Outside Lane required on both roads
Transit Requirements:  No requirements

C.  Traffic Impact Analysis:  No increase in number of units.  No new study is required. 

D.   Parks & Greenways:  If this rezoning is approved, a payment-in-lieu in place of parkland dedication for the value of approximately 18.51 acres (648 units) is recommended.  In addition, the applicant agreed to the following conditions during the 04-REZ-25 rezoning: 

• The applicant to receive credit against the required payment-in-lieu for the construction of a pedestrian underpass under  Morrisville Parkway extension.  In addition pedestrian connections from  Morrisville Parkway to the pedestrian underpass will be provided. 
• The applicant to construct a greenway segment (2750’) through eastern buffer of project site to link with Hawes park property located to the north. 
• The applicant to construct a short greenway segment (1000’) along western buffer to link with Southbridge and Cary Park Planned Developments located to the north. 
• The applicant to construct a 10’ wide concrete multi-purpose trail (2250’) along the north side of the Morrisville Parkway extension. 
• The applicant to construct a 10’ wide asphalt multi-purpose trail (2500’) along the north side of Green Level Church Road. 
• The applicant to construct private connecting trails to the public greenway.  Final locations to be determined at time of Site Plan. 

These recommendations will be reviewed and approved by the Parks, Recreation and Cultural Resources Advisory Board at its August 7, 2006 meeting.  Greenways map

Reference Information
Meeting Schedule:  
Town Council Public Hearing 
Date:  June 8, 2006
Action:  Forwarded to the August 21, 2006 Planning and Zoning Board meeting.   

Planning & Zoning Board:
Date: August 21, 2006
Action: Recommended 7 – 2 for approval.

Town Council Action:
Date:  September 28, 2006   

Applicant’s Justification Statement Submitted (April 24, 2006)
(Please note the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary):   

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

1.  Any issues with the size of the tract?  No, there are no issues with the size of the parcel.   

2.  How is the request compatible with the comprehensive plan? (I.e. Land Use, Transportation, Open Space and Historic Resources)  This request is compatible in the fact that the changes being proposed are basic changes. The intensity of the uses is not being affected by this rezoning request. This request does not propose to add additional units to the Greystone PDD.  Greystone is already authorized for 648 residential units.  The proposed rezoning only offers to alter the location of the recreation area, revise the proposed setbacks, and shift density from one tract to another tract.  The density is primarily being shifted due to the road network layout and amount developable land left.  All of the proposed densities are compatible with the corresponding area plan.    

3.  What are the benefits and detriments to the owner, neighbors and the community?  The benefit of approving this rezoning would allow for the parcel to develop in a like manner as the adjacent parcels.  Certainly a benefit to all of the stakeholders involved is the increase in the town’s tax base and the fulfillment of the desired vision of the adopted land use plan.|   

4.  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 allowed use of residential matches the surrounding uses on adjacent properties.   

Schools:  No increase in the original number of 648 dwelling units approved in the original PDD is proposed.    

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 the Town Council Public Hearing 

The applicant emphasized that proposed amendments created no increases to the overall number of dwelling units proposed for the PDD.  No protest petitions were filed, and no one spoke for or against the request.  The Town Council forwarded the case to the Planning and Zoning Board.

Changes since the Town Council Public Hearing:   

The applicant provided a 10’ landscape easement between the recreation area and single family residential lots.   

A corner side setback of 18’ and a minimum side yard setback of 3’ for detached dwellings were introduced.   

Corrections were made to road name labels on the land use maps.   

The applicant agreed to modify the document to remove all references to right-of-way (ROW), access and typical sections in 1.3.6.  Although the PDD document previously approved did contain this language, an amendment request allows the Town an opportunity to correct this section.  Requests for waivers or reductions to development standards or the transportation plan are not permissible at the PDD level and may only be considered at the time of site plan/development plan review.  The final PDD document will reflect these changes.     

Staff Observation on the Rezoning 

Staff makes the following observations regarding this request:  

The amendments to the existing PDD are minimal and impose no additional increase in terms of number of dwelling units.  The document has been modified to bring it more in line with Land Development Ordinance standards. Staff recommends approval of the request.   

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

The Planning and Zoning Board voted 7 – 2 to recommend for approval. 

Reasons for the dissenting votes were the 25% reduction in lot size for lots within Tract A and E and the reduction in open space by 4 acres.  

Town Council Motion Options:

06-REZ-15 Greystone Planned Development District Amendment
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 Greystone Planned Development District Amendment as set forth in the associated document and map as referenced in the Ordinance.

[Vote]

TO DENY
Motion #1

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-15 Greystone PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO AMEND THE GREYSTONE PLANNED DEVELOPMENT DISTRICT WHICH CONSISTS OF APPROXIMATELY 197.00 ACRES LOCATED AT THE INTERSECTION OF GREEN LEVEL TO DURHAM ROAD AND GREEN LEVEL CHURCH 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 Greystone Planned Development District (PDD) to Greystone Planned Development District Amendment as established in the Greystone Planned Development District Amendment Documents.  The area is area described as follows:

Section 2:  That the rezoning from Planned Development District (PDD) to 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 as set forth in the Greystone 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,