Town of Cary , North Carolina

Rezoning Staff Report to the Town Council

07-REZ-09 Batchelor Property/Prentiss Creek

 

 

Request

 

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 54.36 acres located south of Green Hope School Road and west of Highcroft PDD from Residential-40 (R-40) to Residential-12 Conditional Use (R-12 CU) and Transitional Residential Conditional Use (TR CU).

 

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http://www.amlegal.com/library/nc/cary.shtml

 

 Background Information

 

Applicant	Jerry Turner and Associates, Inc. (Jerry Turner)
Agent	Glenda Toppe Jerry Turner and Associates, Inc. 905 Jones Franklin Road Raleigh, NC 27606
Acreage	54.36 ±
General Location Vicinity Map	West of Highcroft PDD and south of Green Hope School Road
Hearings / Meetings	Public Hearing June 14, 2007	Planning & Zoning August 20, 2007			Town Council September 27, 2007
Land Use Designation Land Use Map	Medium Density Residential (MDR)
Town Limits	Corporate Limits			ETJ  X		Outside ETJ
Annexation	Not Required		With Site Plan  X			With rezoning
Valid Protest	One protest was received regarding this case; however, it was determined to be invalid; therefore, no supermajority vote is required.
P&Z Recommendation	Forwarded to Town Council with a recommendation for approval 9-0
Existing Use Zoning Map	Single Family Residence
Proposed Use Proposed Zoning Map	Single Family Residences and Townhouses
Final Council Action	Council voted 7-0 to approve this request
Case Manager & Contact Information	Jennifer Currin, Planner II Email: jennifer.currin@townofcary.org Phone: (919) 469-4342 Mailing Address: P.O. Box 8005, Cary, NC 27512

 

Public Notification: On May 31, 2007, notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was present in the Cary News on May 30, 2007 and June 6, 2007.

 

Feedback at the Town Council Public Hearing: No citizens spoke at the public hearing. There was one question from a Council member regarding the type and width of the buffer adjacent to the proposed Western Wake Parkway. Staff responded that a 100’ Type “A” Thoroughfare Corridor Buffer would be required.

 

Changes since the Town Council Public Hearing:  The applicant has provided a condition to assure consistency with the Comprehensive Land Use plan. The voluntary condition states that the gross density of the entire tract will not be less than 3 units per acre.

 

summary

 

The applicant has proposed detached, single-family residences adjacent to the detached single-family residences in the Highcroft PDD to the east. The lots proposed in the R-12 CU portion of this request will have a minimum lot size of 12,000 square feet, which is larger than the Residential-8 (R-8) equivalent lots adjacent to this request in the Highcroft PDD.  Between the detached single-family houses and townhouses being proposed in this request is a stream buffer that will separate the two housing products and provide a transition. Townhouses are proposed between the stream buffer and the proposed Western Wake Parkway. A 100’ Type “A” Thoroughfare Corridor Buffer is required between the proposed townhouses and the Western Wake Parkway.

 

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest.

 

The applicant has submitted the following voluntary zoning conditions:

 

1.       The applicant shall limit the R-12 CU portion of the property to single-family detached units with a maximum of 10 units.

2.       The applicant shall limit the TR CU portion of the property to Townhomes with a maximum of 200 units.

3.       The gross density of the total tract shall be a minimum of 3 units per acre.

 

Planning and Zoning Board Recommendation

 

As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows:  The Planning and Zoning Board met on August 20, 2007 and voted 9-0 to forward this case to the Town Council with a recommendation of approval because the proposed amendment is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report.

 

Changes since the Planning and Zoning Board Meeting:  None

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  The Land Use Plan designates this parcel as Medium Density Residential (MDR), which is defined as including single family attached or detached housing, 3 to 8 units per acre.  This rezoning request conforms to that land use designation.

 

B.  Growth Management Plan: 
Three guiding principles of the Growth Management Plan are relevant to this case:

 

1.       Ensure that adequate infrastructure and services are available concurrently with new development,

2.       Increase permitted densities in preferred growth areas to encourage desired forms of development, and

3.       Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.  

 

Upon completion, this project will provide housing adjacent to the planned Western Wake Expressway (I-540), a commuter route to the Research Triangle Park, and in an area that is currently served with public water and sewer utilities.  This project also provides a housing density in keeping with the land use plan for this area.

 

C.  Affordable Housing Plan: 
Affordable housing is defined as dwelling units that cost no more than 30% of the income of families and individuals earning 80% (for buyers) of the area median income of $71,600, adjusted for family size (2006 HUD Data).

 

1.       Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges. 

2.       Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning 80% of area median. This action could be accomplished by building 15% of the proposed 200 townhouses at an affordable price within the Cary housing market.

3.       Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, homeownership training, and marketing of assistance programs.

4.       Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop.

5.       Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

 

D. Transportation
Existing Section:  Green Hope School Rd. 60’ Right-of-way, 2-lanes

Future Section:  2-lane road with paved median

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk required on both sides

Bicycle Requirements: 14’ wide outside lane required

Transit Requirements:  None 

Traffic Analysis:  A traffic study (07-TAR-241) was required and was conducted by MAB.  The study indicates that the following mitigations would be required to meet APFO:

 

1.       Widen Green Hope School Road to provide an exclusive 100’ west bound (WB) left turn lane and a 50’ exclusive east bound (EB) turn lane at the Green Hope School Road at the Twyla/Access #1 intersection.

2.       Construct a north bound (NB) to provide one egress and two egress lanes that provides a continuous right-turn lane and left turn lane with at least 100 ft. of storage.

3.       Widen the EB Green Hope School Road to provide a second 250’ EB left turn lane at the Green Hope School Road and NC 55 intersection.

4.       The other two access locations at Boscawen Lane and Piermont Drive should be constructed to provide one ingress lane and one egress lane that connects to the existing roadways.

 

E.  Parks & Greenways:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a public greenway trail will cross the property in a north/south direction, running along the stream buffer and connecting to the greenway trail in Sears Farm Road Park.  The developer will be required to dedicate a 30’ wide easement (approximately 3400’ in length) along the west side of the Urban Transition Buffer with exact location to be determined at site plan.  Applicant has agreed to construct 2 private trail connections from the new development to the public trail easement.  Applicant has agreed to construct approximately 600’ of 10’ wide multi-use trail along Green Hope School Road.  A recreation payment-in-lieu will be required for any subdivided residential lots in accordance with the Town’s Land Development Ordinance.  The Greenway Committee reviewed this rezoning request at their July meeting and unanimously approved it.  In addition, the PRCR Advisory Board reviewed this rezoning request at their August meeting and also unanimously approved.  According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site. 

 

F.  Environmental:   According to the Town of Cary GIS maps, there are stream buffers affecting this site, which includes a stream buffer running north and south, dividing the proposed R-12 CU and TR CU requests.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process. 

 

G.  Buffers:  According to Chapter 4 (LDO), the applicant will be required to provide a 100’ Type “A” buffer parallel to the right-of-way boundary of the Western Wake Parkway in accordance with the LDO. Chapter 7 (LDO) requires the applicant to provide perimeter buffers between the townhouse units and the single family residences and the Highcroft common open space to the south, and also between the Highcroft common open space and the single family lots and the adjacent, existing single family lots to the north, east, and south. The applicant is not requesting any reductions to the buffer requirements at this time.

 

H.  Streetscape:  According to Chapter 7.2.4 (LDO), the applicant will be required to provide a minimum 50’ Type “A” buffer along thoroughfares, which includes Green Hope School Road.

 

Consistency with the Land Development Ordinance

 

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to Staff for review.  Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

 

Existing and Requested Zoning District Comparison:

 

District Regulations	Existing Zoning (R-40)	Requested Zoning
		(R-12 CU)	(TR CU)
Maximum Gross Density (du/ac)	1.08	3.63	6
Maximum Number of Lots	58	10	200 units
Minimum Lot Size	40,000 Sq. Ft.	12,000	N/A
Minimum Width at Building Line	125’ (135’ for corner lot)	80’ (90’ for corner lot)	20 per dwelling unit
Side Yard Setback	15’	10’	See [1] below
Roadway Setback	Thoroughfare: 50’ Collector: 30’ Other Streets: 20’	Thoroughfare: 50’ Collector: 30’ Other Streets: 20’	Thoroughfare: 50’ Collector: 30’ Other Streets: See [2] below
Rear Yard Setback	30’	25’	See [3] below
Maximum Building Height	35’	35’	35

 

[1]        Firewalls must be provided in accordance with all applicable building code standards when exterior walls of individual dwelling units on individual parcels are placed within three feet of one another.

[2]        From all other streets, the roadway setback between the front of the dwelling and the roadway shall be no less than 18’ when parking is provided between the dwelling and the roadway, or 10’ when parking is not provided between the dwelling and the roadway.

[3]        The width of the roadway or front and rear setbacks combined shall equal at least 20’.

 

Town Council Criteria for Consideration in Reviewing Rezonings:

 

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town Council should consider in reviewing rezonings:

 

1.             The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.             The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.             The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.             The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.             The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.             The proposed zoning classification is suitable for the subject property;

 

Other Reference Information

 

Schools

 

The school information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.

 

 

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2006-2007 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. 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.

 

*** Wake County does not provide multipliers for individual grades. The projected range for additional high school students is for both Panther Creek and Green Hope High Schools.

 

 

Ordinance for Consideration

07-REZ-09 Batchelor Property/Prentiss Creek Rezoning

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 54.36 ACRES LOCATED SOUTH OF GREEN HOPE SCHOOL ROAD AND WEST OF HIGHCROFT PDD OWNED BY EULA M. BATCHELOR FROM RESIDENTIAL-40 (R-40) TO RESIDENTIAL-12 CONDITIONAL USE (R-12 CU) AND TRANSITIONAL RESIDENTIAL CONDITIONAL USE (TR CU).

 

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:

 

 

Section 2:  That this Property is rezoned from Residential-40 (R-40) to Residential-12 Conditional Use (R-12 CU) and Transitional Residential Conditional Use (TR CU) subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

 

Section 3:  The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

 

1.       The applicant shall limit the R-12 CU portion of the property to single-family detached units with a maximum of 10 units.

2.       The applicant shall limit the TR CU portion of the property to Townhomes with a maximum of 200 units.

3.       The gross density of the total tract shall be a minimum of 3 units per acre.

 

These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.

 

Section 4:  This ordinance shall be effective on the date of adoption.

 

Adopted and effective:  September 27, 2007

 

Ernest F. McAlister Mayor		Date