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TOWN OF CARY, NORTH CAROLINA REQUEST FOR REZONING and/or LAND USE PLAN AMENDMENT

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TOWN OF CARY, NORTH CAROLINA REQUEST FOR REZONING and/or LAND USE PLAN AMENDMENT

Town Council Impact Statement

Rezoning: 03-REZ-16 (Godwin/ Jones/ Riggsbee Planned Development District Major) Land Use Plan Amendment: N/A

Staff Contact: Randy Guthrie, Principal Planner (919) 462-3942

[email protected]

Part 1 - APPLICANT INFORMATION:

PETITIONER (APPLICANT) APPLICANT’S CONTACT PERSON Jerry Turner

Jerry Turner & Associates, Inc.

905 Jones Franklin Road Raleigh, NC 27606 Phone: 851-7150 FAX: 851-7547

[email protected]

Glenda Toppe

Jerry Turner & Associates, Inc.

905 Jones Franklin Road Raleigh, NC 27606 Phone: 851-7150 FAX: 851-7547

[email protected] PETITIONER INTEREST IN PROPERTY: Other

Part 2 - PARCEL & OWNER INFORMATION:

Property Owner(s) County Parcel Number Real Estate ID(s) Area (Acres) N. Virgil Riggsbee

PO Box 342

Apex, NC 27502-0342

0724688701 0139293 17.82

Needham V. & Susan K. Riggsbee PO Box 342

Apex, NC 27502-0342

0724789505 0060055 2.00

Needham V. & Susan K. Riggsbee PO Box 342

Apex, NC 27502-0342

0724787737 0104692 3.30

Kevin T. Godwin 491 Wayland Hills Dr.

Cary, NC 27519

0724788913 0096417 2.00

Gus Travis & Marie R. Godwin 6606 Barbee Rd.

Durham, NC 27713-8538

0724894486 0025415 8.24

Marie R. Godwin 6606 Barbee Rd.

Durham, NC 27713-8538

0724796559 0060047 10.00

Dalton Lee Riggsbee P.O. Box 5702 Cary, NC 27512

0724698584 0139294 12.16

Deborah A. Beeman, ET AL 4806 SW 32nd Terrace

Ft. Lauderdale, Florida 33312-6986

0724695201 0147788 8.00

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Katie R. Phillips 2569 Hope LN W

Palm Beach Gardens, Florida 33410-1129

0724796330 0139292 3.60

John Wieland Homes of NC 503 Wayland Hills Drive Cary, NC 27519

0724795177 0240661 2.00

Dalton Lee Riggsbee P.O. Box 5702 Cary, NC 27512

0724890105 0240662 1.01

Total Acreage 70.13 acres

Part 3 - LOCATION:

GENERAL LOCATION OF PROPERTY:

West of Green Level To Durham Rd., south of Carpenter Fire Station Rd., east of Yates Store Road

JURISDICTION: Cary Planning Jurisdiction (ETJ) Only ASSOCIATED

ANNEXATION:

Yes

Part 4 – USE & ZONING:

EXISTING USE OF LAND: Residential/Vacant Base Zoning District(s)

From: R-40 Residential To: Planned Development District Major

Part 5 – APPLICANT’S JUSTIFICATION STATEMENT FOR REZONING CHANGE:

The Godwin/Jones/ Riggsbee Planned Development District (PDD) is a proposed planned development that sensitively takes into account the natural environment. It is located south of Cary Park PDD, west of Green Level To Durham Road, north of Green Level Church Road and east of Yates Store Road. The PDD Plan proposes primarily low-density single-family development and incorporates a 200-foot stream buffer through the center of the development. A proposed Town of Cary greenway is planned within a portion of the stream buffer. A multi-use corridor is proposed along a portion of Green Level To Durham Road.

The development concept for the Godwin/ Jones/ Riggsbee PDD reflects Cary’s desire to locate low-density residential development in the southern portion of the Northwest Cary Area Plan adjacent to where the Northwest Plan will tie into the future Southwest Area Plan. The proposed land use and density conform to the adopted Northwest Cary Area Plan. The proposed development is compatible with surrounding development in the area.

The proposed Godwin/ Jones/ Riggsbee PDD Plan takes advantage of the option of providing flexible building setbacks that will allow the development to save more trees, minimize the impact on the existing stream, and provide for a more sensitive layout.

Part 6- PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING: November 13, 2003

PLANNING & ZONING BOARD and PUBLIC HEARING: January 20, 2004

TOWN COUNCIL: February 12, 2004 (tentative)

Part 7- REZONING HISTORY

None.

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Part 8- SITE DATA:

Adjacent Zoning & Land Uses:

Existing Use Existing Zoning Existing Land Use Designation North: Vacant, Low Density

Residential, Very Low Density Residential, Parks

Planned Development District Major R-40 Residential

Low Density Residential and Parks

East: Agriculture/ Forest and Parks

R-40 Residential Parks, Institutional and Medium Density Residential South: Agriculture/ Forest R-40 Residential Low Density Residential

West: Parks and Agriculture/

Forest

Planned Development District Major R-40 Residential

Parks and Low Density Residential Land Use Plan Designation:

Land Use: Low density residential Low density residential

Alternate Designation:

None None

Activity Center: None None

Maps:

Vicinity Map - Small Vicinity Map - Large Zoning Map

Land Use Plan Map Stream Buffers Conceptual Plan

Part 9- SITE CONFIGURATION

Parcel Maximum Density (Du/Ac)

Acreage Total Units Minimum Lot Size

SF-1 3.4 24.76 85 8,500 square feet (lots

adjacent to Cary Park will be of equal size)

SF-2 2.4 28.64 70 8,500 square feet (lots

adjacent to Cary Park will be of equal size)

Major ROW 0.51

Open Space 16.29

Total 70.20 155

Part 10- COMPREHENSIVE PLAN CONSIDERATIONS:

The proposal conforms with the Northwest Cary Area Plan that classifies this area for low density (1-3 units per acre) development. The proposed density is 2.2 units per acre. A land use plan amendment is not needed for the proposal.

Analysis: The proposal is consistent with the Town’s adopted Land Use Plan for this area.

Staff Contact: Jim Parajon, Planning Manager, [email protected], (919) 469-4029

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Part 11- ENVIRONMENTAL CONSIDERATIONS:

This project is located in the Jordan Lake Watershed and will be required to meet the Watershed Protection Overlay ordinance of the Town of Cary.

There are riparian buffers associated with this project.

The project will be required to meet the nitrogen requirements of the Town of Cary.

Analysis: This project meets all of the requirements of the Stromwater Section of the Town of Cary.

Staff Contact: Tom Horstman, Erosion Control Supervisor, [email protected],(919) 469-4347

Part 12- TRAFFIC IMPACT ANALYSIS CONSIDERATIONS:

Traffic Impact Analysis Required: YES

EXECUTIVE SUMMARY- Wilbur Smith Associates – October 2003

This study has been conducted to assess the traffic impacts and evaluate the access and egress requirements for the proposed Godwin/Jones/Riggsbee PDD. The project site is to be located in the northwestern portion of Cary, North Carolina. This report identifies the impact of traffic generated by the proposed development and evaluates it with regard to capacity, safety, and roadway requirements. The following provides a brief summary of this study’s findings.

PROJECT DESCRIPTION

The project proposal is an approximately 63-acre residential development known as the Godwin/Jones/Riggsbee PDD. This project site is to be located along Green Level to Durham Road, between Cary Glen Boulevard and Green Level Church Road, and is just south of the previously approved Cary Park PUD. As proposed, 130 single-family residential units will be constructed on-site. Under the current development plan, all units would be constructed and occupied/fully operational by 2006.

Direct access for this future development will be provided via a single full movement driveway to/from Green Level to Durham Road. Additional cross-access will be allowed to/from the Cary Park PUD to the north.

EXISTING CONDITIONS

Existing conditions have been gathered for the following six intersections, which make up the project study area as directed by Town of Cary staff:

 Yates Store Road at Green Level Church Road;

 Yates Store Road at Cary Glen Boulevard;

 Yates Store Road/Carpenter Fire Station Road at Green Level to Durham Road;

 Green Level to Durham Road at Cary Glen Boulevard;

 Green Level to Durham Road at Green Level Church Road; and

 Green Level Church Road at Green Hope School Road.

This study area is located within the Base Transportation Zone, which requires the use of the counted 60-minute peak-hour volumes in accordance with the Town’s APFR Ordinance 01-012. Traffic volume data within the study area has been obtained for the weekday AM (6:30 - 9:30 AM) and PM (3:30 - 6:30 PM) peak periods.

From this data, peak-hour volumes were extracted and have been utilized within this report as required by the ordinance.

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PROBABLE IMPACTS OF THE PROJECT No-Build Traffic Volumes

To represent Future 2006 traffic volume conditions within the study area, the Existing traffic flow volumes were upwardly adjusted to account for normal traffic growth and any other currently approved projects within the study area.

Discussions with Town of Cary staff indicate that an annual growth rate of 3.5 percent is to be used. This growth rate was applied to the Existing peak-hour traffic volumes to estimate Future 2006 conditions without the proposed development.

It should be noted that, in addition to the normal annual growth in traffic, the projected traffic associated with the Cary Park, Highcroft, and Amberly PUDs has been included in the 2006 No-Build traffic volumes.

Planned Roadway Improvements

As part of the Amberly PUD and Cary Park PUD projects, two roadway projects are anticipated to be completed within the Godwin/Jones/Riggsbee PDD study area and are as follows:

 Green Level to Durham Road will be improved to provide for a two-lane divided cross-section from Green Level Church Road to Cary Glen Boulevard; and

 Green Level to Durham Road will be improved to provide for a four-lane divided cross-section from Cary Glen Boulevard northward to outside the study area boundary.

With these projects, signalization is anticipated at the following intersections with applicable turning lanes:

 Green Level to Durham Road at Cary Glen Boulevard; and

 Green Level to Durham Road at Carpenter Fire Station Road.

Another planned roadway project is the Wake Expressway which is planned to end at NC 55 via a grade- separated interchange. Construction for this first phase will begin in late 2003. South of NC 55, the second phase of the Wake Expressway should continue as a six-lane facility terminating at US-1 in Apex, NC. Right-of- way acquisition for this project is expected to begin in 2006, with construction anticipated to begin in 2008 and end in 2010.

Site-Generated Traffic

For this project, the Institute of Transportation Engineers (ITE) Trip Generation manual was utilized to estimate project trips generated by the proposed facility.

Based on this information, the proposed development can be expected to generate a total of 1,320 (two-way) vehicle trips on a weekday daily basis, of which a total of 101 trips (25 entering, 76 exiting) are expected during the weekday AM peak-hour. During the PM peak-hour, 136 trips (87 entering, 49 exiting) can be expected.

Traffic Volumes Increases

As a result of this project, traffic volume increases at the study area intersections are expected to be somewhat varied from a low of approximately 3 percent to a high of approximately 16 percent.

TRAFFIC OPERATIONS ANALYSIS

The Base Transportation Zone requires a minimum Level-of-Service standard of D based on the 60-minute peak-hour.

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Under Existing conditions, traffic operations at all study area intersections are acceptable (LOS D or better) during both the weekday AM and PM peak hours.

Under 2006 No-Build conditions, which account for annual growth, the Cary Park, Highcroft, and Amberly PUDs, along with all previously cited roadway improvements, all of the six study area intersections (three are future intersections) are anticipated to demonstrate acceptable operations.

With the addition of project related traffic, operations are insignificantly affected and all six study area intersections are anticipated to remain at acceptable levels.

RECOMMENDED MITIGATION

The final phase of the analysis process is to identify mitigating measures which may either minimize the impact of the project on the transportation system or tend to alleviate poor service levels not caused by the project.

Measures considered necessary to mitigate roadway system deficiencies are discussed below as they relate to

the impacts of the proposed project.

Signalized Intersections1

Time Period

Carpenter Fire Station Road AM 0.37 15.3 B 0.42 15.4 B

at Green Level to Durham Road PM 0.57 13.7 B 0.57 13.7 B

Green Level to Durham Road AM 0.30 9.9 A 0.31 10.0 A

at Cary Glen Boulevard PM 0.42 11.3 B 0.37 11.3 B

Unsignalized Intersections2

Yates Store Road at AM 10.1 B 10.1 B 10.2 B

Green Level Church Road PM 10.5 B 10.2 B 10.3 B

Yates Store Road AM 9.8 A 9.7 B 9.8 A

at Cary Glen Boulevard PM 10.2 B 9.9 A 10.0 A

Yates Store Road/Carpenter AM 12.3 B

Fire Station Road at Green PM 10.9 B

Level to Durham Road

Green Level to Durham Road AM 10.1 B

at Cary Glen Boulevard PM 10.0 A

Green Level to Durham Road AM 9.9 A 10.0 A 10.2 B

at Green Level Church Road PM 10.4 B 10.5 B 11.0 B

Green Level Church Road AM 9.8 A 10.0 A 10.1 B

at Green Hope School Road PM 10.4 B 10.6 B 10.8 B

a. Volume-to-Capacity ratio.

b. Delay in seconds-per-vehicle.

c. LOS = Level-of-Service.

GENERAL NOTES:

1. For signalized intersections, Delay is representative of overall intersection.

2. For unsignalized intersections, Delay is representative of critical movement/approach.

Delay LOS Delay LOS V/C

Delay LOS Delay LOS

Existing 2006 No-Build 2006 Build

Delay

V/Ca Delayb LOSc V/C LOS

See Unsignalized

See Unsignalized

See Signalized

See Signalized

See Signalized

See Signalized

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Proposed Site Access

As part of the proposed development plan, access to/from the proposed Godwin/Jones/Riggsbee PDD will be provided via a single full movement driveway to/from Green Level to Durham Road. Additional cross-access will be allowed to/from the Cary Park PUD to the north.

Based on the anticipated traffic volumes, the following geometrics and traffic control are suggested for the project’s main access point.

Green Level to Durham Road at Site Access

#

Eastbound Approach: Separate left-turn lane and right-turn lane;

#

Northbound Approach: Separate left-turn lane and through lane;

#

Southbound Approach: Shared through/right-turn lane; and

#

STOP sign control with Green Level to Durham Road as the major street.

With the above-cited geometrics and traffic control in place, the site access intersection is anticipated to operate at a Level-of-Service B under 2006 Build Conditions during each of the studied time periods.

Off-Site

Review of the intersection analyses indicates that the proposed project has a small impact on the study area intersections as compared to future 2006 No-Build conditions. Project traffic causes a minor increase in delay and V/C ratio, but does not cause any study area intersection to operate unacceptably during either the AM or PM peak-hour. Based on these conducted analyses, no improvements/modifications are necessary at any off- site study area intersection due to the anticipation that each will operate acceptably under future 2006 Build conditions.

Staff Contact: Dick Moore, Traffic Systems Manager, [email protected], (919) 462-3937

Part 13- OPEN SPACE CONSIDERATIONS:

Site predominately forested with mixed hardwood and conifers, with bottomland hardwoods along the riparian buffer area.

Analysis: The applicant’s proposal protects the majority of significant resources.

Staff Contact: Don Belk, Senior Planner, [email protected], (919) 469-4084

Part 14- PARKS AND GREENWAYS:

A Town of Cary greenway is proposed to be extended through the site as well as a multi-use trail along Green Level to Durham Road.

Analysis: The applicant’s proposal is consistent with the Parks, Recreation and Cultural Resources Facilities Master Plan. Staff recommends private trail connections be provided to link with the public greenway trail.

Staff Contact: Doug McRainey, Parks Planning Manager, [email protected], (919) 460-4973

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Part 15- UTILITIES – WATER & SEWER:

The proposed development will have access to Town of Cary water via connections to existing waterlines at adjacent Cary Park PUD. The developer will be required to extend water line along Green Level to Durham Road.

Sanitary sewer service to the proposed development will be provided by extending the existing sewers in Cary Park PUD. Sewage from this site discharges into Panther Creek Sewer Interceptor and Amberly Pump Station.

The current construction completion data for Panther Creek Interceptor and Amberly Pump Station is November 2004.

Analysis: Site development within the proposed PDD is required to comply with TOC utility policies and

standards. Town of Cary will issue sewer permits to this PDD only after Panther Creek Interceptor and Amberly pump station is on line.

Staff Contact: Shuyan Tian, Engineer, [email protected], (919) 469-4381

Part 16- TRANSPORTATION PLANNING

TRANSPORTATION PLAN: This project is within the C-Tran (Cary Transit) service area. Sidewalks are proposed on one side of all residential streets in accordance with Cary’s Standard Specifications; however they are not illustrated on the circulation map included in the application. The applicant is proposing to provide pavement overlay on the existing section of Green-Level to Durham gravel road and incorporate left turn lanes along with dedicating ½ of the ultimate 124’ ROW. Timing for the pavement overlay was not specified. A roadway stub to the Kit Creek Farm Ltd. Property southeast of the project has been included as part of the application. A multi-use trail is proposed along the west side of Green Level to Durham Road along with a public greenway to run north/south throughout the project; however no pedestrian connections to the greenway or the multi-use path have been illustrated.

Analysis: The applicant’s proposal is consistent with the Town’s Comprehensive Transportation Plan. An optional street stub is located just west of the main entrance into the development; staff would recommend this stub be constructed. The applicant has coordinated with the Forest Oaks PDD to have their street stubs align.

Staff Contact: Juliet Andes, Senior Transportation Planner, [email protected], (919) 462-2008 Tammy Spivey, Engineer, [email protected], (919) 462-3933

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STAFF ANALYSIS Protest Petition Information:

Valid [ ] Not Enough Signatures with 100 feet [ ] None Filed [ X ] Analysis:

This request allows the construction of 155 single family dwelling units on 70.13 acres of property at a density of 2.2 units per acre. This request is consistent with the Land Use Plan and provides adequate interconnectivity with adjoining developments. No substantial changes have been made since the public hearing.

Pros:

 The applicant has proposed a system of buffers which will help maintain the land use plan objectives relating to views and rural atmosphere along the major roadways in the area.

 The proposal includes a greenway connection across the property in the vicinity of the riparian buffer as well as the provision of a multi-purpose trail.

Cons:

None.

STAFF RECOMMENDATION TO PLANNING AND ZONING BOARD Staff recommends approval of the project with the conditions proposed by the applicant.

PLANNING AND ZONING BOARD RECOMMENDATION

Ervin Portman made a motion to forward the case to Town Council for approval based on staff recommendations which was seconded by Wally Dawson and the board voted 9-1. Carla Sadtler had the dissenting vote.

Part 17- SCHOOL INFORMATION

Enrollment Permanent Seat

Capacity

Percent occupied Projected Number of Additional Students from Proposed Rezoning Western Wake County Area Schools (Note: Schools APF does not apply at time of rezoning)

Elementary 15200 12612 120.5% 27

Middle 7758 6798 114.1% 14

High 5915 5028 117.6% 19

Total for all Area Schools

28873 24438 117.4 % 60

Assigned Schools

Green Hope 603 712 84.7 % 27

Davis Drive 1176 923 127.4 % 14

Green Hope 2202 1714 118.0 % 19

Total for all Assigned Schools

3981 3349 110.03 % 60

Current Enrollment and Building Capacity are based on the 20th day of the school year for 2002 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. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System.

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TOWN COUNCIL DECISION Approved.

Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2003cases/2003index.htm

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Referencias

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