06-REZ-24 Cameron Pond Planned Development District Amendment
Staff Report to Town Council

Background Information 

Existing Zoning:  Planned Development District (PDD) Zoning map

Requested Zoning:  Planned Development District Amendment  

Conformity with the Land Use Plan Designation:  Land use map
Yes.  The land use designation on The Town of Cary Comprehensive Plan is shown as Parks (PKS); however, this takes into consideration the park and open space requirement for the entire PDD.  The rezoning request complies with the overall density limits for the vicinity and no change is requested. If the PDD amendment is approved, the Comprehensive Plan maps may be modified administratively to more accurately reflect actual use.  An amendment to the Comprehensive Plan is not required because the broad designation applied to the area initially may be refined to be more specific once the land use designations in the PDD are approved.

Acreage:  0.83± acres

Location:  Vicinity map
Carpenter Fire Station Road near Buxton Grant Road

Applicant: 
Glenda Toppe 
Jerry Turner and Associates, Inc 
905 Jones Franklin Road   
City, State, Zip 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
The applicant is proposing an increase of 4 (four) single family dwelling units on approximately 0.83 acres of land currently designated as Open Space.  No increase to the total area of the Planned Development District is proposed.  If approved, the PDD will still comply with meets Cary’s open space requirements. 

A.   Transportation
Existing Roadway Section: Carpenter Fire Station 2-lane road 60’ right of way (ROW) 
Future Roadway Section:  4-lane median divided 100’ ROW
Schedule:  2007/2008
Sidewalk Requirements: Required on both sides
Bicycle Requirements:  14’ wide outside lanes
Transit Requirements:  None needed 

B.  Traffic Impact Analysis:  A Traffic Impact Analysis is not required.    

C.  Parks & Greenways:  Greenways and Trails map
The acreage of the applicant’s original park land dedication for Cameron Pond PDD satisfies the park land dedication requirement for these additional four units.  There are no other issues related to the Parks, Recreation & Cultural Resource Facilities Master Plan.

Meeting Schedule:   

Town Council Public Hearing 
Date:   November 9, 2006
  
Action:  Forwarded to the January 22, 2007 P&Z Board meeting    

Planning & Zoning Board: 
Date:  January 22, 2007
Action:  Unanimous recommendation for approval 9-0  


Town Council Action:
Date:  February 8, 2007

Vote:

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel
Number(s) (10 digit)

Real Estate ID(s)

Area
Acres

Impact Cameron Pond LLC
133 Triangle Trade Drive
Cary, NC 27513-3184

0735332763 (portion)

0330170 (portion)

.83 (portion)

Total Acres

.83

Summary of Requested Rezoning

Amendments to existing Cameron Pond PDD 

REQUESTED LAND DEVELOPMENT AMENDMENT (PDD Document html and Map)

Tract

Acres Existing/Proposed

Max Units Existing/Proposed

Max Density Existing/Proposed

Minimum Lot Size
Existing/Proposed

SF3

15.43/ 16.13

54/59

3.56/3.62

Minimum 6,900 square feet

Open Space

48.45/47.75

n/a  

n/a  

 

 

 

 

 

 

PDD Totals

143.10 (no change)

417/421

2.91/2.94

 

Applicant’s Justification Statement Submitted September 25, 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):

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

Are there any issues with the size of the tract?

The size of the tract is conducive to the land use being proposed.    

How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? 

The Comprehensive Plan reflects the approved PDD for Cameron Pond.  This amendment maintains the open space while providing four (4) additional lots.   

What are the benefits and detriments to the owner, neighbors and the community? 

The additional four (4) lots will have no negative impact on the community.  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? 

Other property in the vicinity of this parcel is currently developed for the same type of residential development proposed.

What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified?  (PDD, new or amended)  Applicants must list these items and/or clearly highlight them within the Planned Development document. 

No changes are proposed from the currently adopted Cameron Pond PDD.     

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

20th Day Enrollment

Permanent Seat
Capacity

Average
Percent
Occupied

Projected Range of Additional
Students*

Green Hope Elementary  

  879

  796

110%

1 to 2

Lufkin Road Middle

  981

1023

  96%

1

Green Hope  High School 

2263

2335

  97%

1

Total Projected range of additional students

3 to 4

Current Enrollment and Building Capacity is based on the 20th 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 a rough approximation.  The actual number of students will vary depending on variables, such as dwelling unit type, and number of bedrooms. For example a site with three, 3-bedroom homes could yield three additional students.  A development with three, 4-bedroom homes could yield four 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.   

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 Public Hearing

Staff presented the case and the applicant concurred with the statements.  No one spoke in favor of or opposed to the request. 

Changes since the Public Hearing

Since the public hearing, the applicant has agreed with staff’s direction to modify the PDD document to remove any references to reductions in road widths or street connectivity requirements.  Also, the document has specified the minimum lot size of 6,900 square feet for the lots in SF-3. This is consistent with the existing lot sizes previously approved for this phase of the development.  

Staff's Findings:

The request is consistent with the Town of Cary Comprehensive Plan.  The Open Space provided within the PDD exceeds the base requirements.  The increase of a maximum of four lots will have a minimal impact area schools and Town services.  The intention to develop these lots at a future date was disclosed on the original recording of this property.  Staff recommends approval of the request. 

Planning and Zoning Board Recommendation:

On January 22, the Planning and Zoning Board voted unanimously to recommend approval of this request. The Board observed that the open space dedication exceeded the Town’s minimum requirements.  One Board member asked how much active open space was provided.  The active recreation site in the PDD is 2.5 acres and the PDD dedicated 16.29 acres of park land to the Town of Cary

Ordinance for Consideration:  06-REZ-24 [Planned Development District] 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY  0.83 ACRES LOCATED along Buxton grant road  owned by Impact Cameron Pond, LLC  FROM PDD  TO PDD Amendment to allow the conversion of land Use from open space to A maximum of four (4) single family lots.  

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:  

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):  

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel
Number(s) (10 digit)

Real Estate ID(s)

Area in Acres

Impact Cameron Pond LLC

133 Triangle Trade Drive

Cary, NC 27513-3184

0735332763 (portion)

0330170 (portion)

0.83 (portion)

Total Acres

0.83±

Section 2:  That the Property is rezoned from PDD  to  PDD Amendment  subject to the conditions set forth herein and in the Master Plan dated May 8, 2003  (and all supporting plans), which is attached hereto and incorporated herein by reference, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.  

OPT (to reflect changes made at council):  Section 3:  The Master Plan shall incorporate the following:  ________________

Section 3/4:  This ordinance shall be effective upon adoption but the PDD and Master Plan shall not become effective until the applicant has submitted to the Planning Department of a copy of the Master Plan and all supporting plans incorporating all changes, if any that were required as conditions of approval and such additional information as the Town Council may have required as a condition of approval. 

__________________________

(Signed)                                                                      Date: ________