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06-REZ-28 Old Maynard Planned Development District Amendment
Rezoning Background Information Existing
Zoning: Zoning map Requested Zoning: PDD Amendment Conformity
with the Land Use Plan Designation: Land use
map Acreage: 40.87 Location:
Vicinity map Applicant:
Applicant’s
Contact: Town
of Cary Case Manager: A. Transportation Original Case Comments: The applicant is proposing to use the Old Maynard Road alignment as part of the extension of Louis Stephens Road. Sidewalks will be required on both sides of all thoroughfares and collectors and on at least one side of all residential roads. Road improvements for Louis Stephens Road must conform with the Town’s Comprehensive Transportation Plan requirements. This location is not within the C-Tran service area. Existing
Roadway Section: 2 lanes,
60’ right-of-way (ROW) B. Traffic Impact Analysis: A Traffic Impact Analysis is not required. C.
Parks & Greenways:
Greenways and trails map
Meeting Schedule: Planning
& Zoning Board Town
Council Action Amendments to existing Old Maynard PDD
Applicant’s
Justification Statement Submitted October
30, 2006 Acting as the applicant, Withers & Ravenel is requesting modifications to the chart in section 1.6 (page 18) of the Old Maynard PDD referring to Specific Development Standards. We feel as if the setback requirements for single family detached housing (only) were very generous as previously approved and request reductions necessary to bring the staff approved reductions on the site plan in compliance with the PDD. The requested reductions are as follows:
These slight reductions were brought to the attention of staff during a pre-application meeting (for rezoning) and staff has expressed their support for the reductions to the previous generosity of the approved PDD. Schools Development
Plan Issues Summary
of Requested Rezoning Changes
since the Town Council Public Hearing: Staff observation on the rezoning: The Rezoning Request is for minor changes within an approved Planned Development District. Staff has asked that applicant to modify the PDD document such that an additional 10% reduction to residential setbacks would not be permitted in addition to the requested change for the single family residential lots in the PDD. If approved, the impact on adjacent property owners would mean that future single-family homes could be one-foot closer to adjacent property. There would be no reduction of perimeter buffers or streetscapes. At the time the PDD was originally approved, there was no opposition to the request during the public hearing. Contrary to statements made by the attorney for Mr. and Mrs. Pierce, the PDD Amendment does not represent an increase in the number of dwelling units or density. Contrary to statements made by the adjacent property owner who filed a protest petition, the PDD Amendment does not represent an increase in the number of dwelling units or density. There would be no impact on perimeter buffers. Louis Stephens Drive is a major thoroughfare on Cary and CAMPO plans. The road is the dividing line between Cary and Morrisville in the vicinity of Old Maynard PDD. It also continues on to RTP’s jurisdiction. While the road issues along Louis Stephens Drive (Currently Old Maynard Road) are not part of the PDD changes being considered, they were raised at the public hearing. Concerns about impact to properties on the opposite side of the road due to the road alignment were raised. Road Alignment Plan 05-SP-127 was approved administratively after numerous meetings. Many of these meetings started after concerns were raised about a plan for NCDOT to pave the 2 –lane gravel road. The property owners could not reach consensus about several issues including the location of the road. NCDOT wanted to straighten out curves to meet design criteria for a paved road. Ultimately the project failed because the 60 foot right of way was not dedicated by the property owner per State policy. The current road has no right of way and is maintained under either easements or adverse possession. Allocated fund for the project were redirected. In an effort to clarify the thoroughfare plan, guide development plan in the area and hopefully come up with a plan to get an additional connection to RTP, Cary began a functional alignment study. Cary and Morrisville staff met with NCDOT to determine the required cross session and other issue for the functional alignment. NCDOT stated several design criteria at that meeting. The road shall ultimately be 4-lane median divided. The design speed shall be 50 MPH for a 45 MPH posted speed. The alignment shall generally follow the existing road and not a new cross country alignment. Cary completed a functional alignment that could be used for a more detailed design. Withers and Ravenel, engineers for the project working for Pulte developed a more detailed design. They received NCDOT approval for the alignment and provided a complete design for the part along the frontage of Old Maynard PDD. During this general time frame Old Maynard PDD was approved and limited comments were raised at the public hearing about the road alignment. A property map for the Barbara Pierce property is included below. The area where the existing road is located accounts for 0.30 acres of the property if the normal right of way was provided. To realign and pave the road per Pulte’s plan would require 0.21 acres. Pulte has made an offer to purchase both the right of way needed for NCDOT along the existing road and the additional for the realignment. The future 4-lane median divided road is shown for reference. This would most likely be dedicated when and if the Pierce property redevelops and road improvements are required by Morrisville. It should be noted that shifting the road further to the West would significantly impact other properties with existing homes just North of Pierce land. A map of the functional alignment over aerial photography is shown below. Cary is working in conjunction with NCDOT and RTP to pave the remaining Northern parts of the existing and planned road as a 2-lane ribbon strip. No governmental agency plans to widen the remaining undeveloped section at this time. If concerns exist about right of way acquisition from the Pierce property it may be possible to delay the issue. The road improvements could be shortened leaving the existing gravel road in the vicinity of the Pierce property. Old Maynard PDD has multiple access points and the Southern access point could serve to property in an intermediate time frame. Council would need to approve a waiver request for improvements or approve a payment in lieu. If the Town proceeds to pave the road right of way would be needed at that time. Staff’s preference would be to continue with the realignment and paving as a part of the Old Maynard project. Planning and Zoning Board
Recommendation December 18, 2006: Changes since the P&Z Board meeting: Applicant has been advised that PDD document will need to show that an additional 10% reduction to setbacks will not be permitted. An attorney for Barbara Pierce advised staff that there was an agreement being negotiated by Pulte to purchase some of the Pierce land, and a settlement was anticipated for this case by February 8, 2008. Ordinance for Consideration 06-REZ-28 AN
ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE
THE ZONING OF APPROXIMATELY 40.87 ACRES LOCATED ALONG OLD MAYNARD ROAD
OWNED BY PULTE HOME CORPORATION FROM PLANNED DEVELOPMENT DISTRICT TO
PLANNED DEVELOPMENT DISTRICT AMENDMENT TO REDUCE THE BUILDING SETBACKS ON
THE SINGLE FAMILY LOTS, AND TO REMOVE LANGUAGE THAT WOULD GRANT AN
ADDITIONAL 10% REDUCTION ON SETBACKS FOR THE SINGLE FAMILY LOTS.
THE AREA IS DESCRIBED AS FOLLOWS:
Summary of Requested Rezoning Amendments to existing Old Maynard PDD
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 July, 2005 (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:___________________
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