Town of Cary , North Carolina
Rezoning Staff Report
07-REZ-21 Weldon Ridge Planned Development District (PDD) Amendment
Town Council Meeting
April 29, 2010

REQUEST
The applicant is requesting council approve an ordinance to amend the official zoning map of the Town of Cary for approximately 47.7 acres located southwest of the New Hope Church Road and Yates Store Road intersection, in Chatham County, by amending the previously approved Weldon Ridge Planned Development District (PDD) to allow 145 age-restricted, single-family residential dwellings on the area previously limited to school or church use. The request would increase the total number of dwelling units in the overall PDD from 650 to 795.

PDD Document
Master Land Use Plan
Circulation
Open Space
Phasing

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	Forest Oaks Investors, LLC (Glenn Futrell)
Agent	Glenda Toppe, Jerry Turner and Associates 905 Jones Franklin Road Raleigh, NC 27606 Phone: (919) 851-7150 gtoppe@jerryturnerassoc.com
Acreage	47.7 ±
General Location	In Chatham County, southwest of the New Hope Church and Yates Store Roads intersection
Public Hearings / Meetings	Town Council Public Hearing October 11, 2007	Planning & Zoning Public Hearing November 16, 2009 Continued to January 25, 2010 March 15, 2010	Town Council April 29, 2010
Land Use Designation	Low Density Residential (LDR)
Town Limits	The subject property is located inside the Corporate Limits of the Town of Cary. Annexation is not required.
Valid Protest	There is no valid protest petition.
P&Z Recommendation	P&Z Board recommended approval by a vote of 7-2.
Existing Use	Vacant
Proposed Use	Detached, age-restricted, single-family residential and non age-restricted single-family residential
Final Council Action	To be provided after the Town Council Meeting
Case Manager & Contact Information	Debra Grannan E-mail: debra.grannan@townofcary.org Phone: (919) 460-4980 Mailing Address: P.O. Box 8005, Cary, NC 27512

SUMMARY OF PROCESS AND ACTIONS TO DATE

Notification	On September 27, 2007 the Town of Cary Planning staff mailed notification of the public hearing on the request to property owners within 400 feet of the subject property. The property was posted and advertised in accordance with LDO regulations.
	Staff has maintained communication with the Chatham County Planning Department and Chatham County Board of Commissioners to keep them apprised of the applicant’s proposed rezoning.
Town Council Public Hearing October 11, 2007	Several council members expressed their hope not to lose the opportunity to have a school site on the subject property. The applicant suggested an “active adult” or “age-targeted” residential neighborhood might be a consideration, but Council observed that age- restricted housing had not been presented as a zoning condition.
	The Council also voiced concern about protecting the American Tobacco Trail with adequate buffering, and suggested that the 50-foot buffer proposed by the applicant was not sufficient.
	Sally Kost with the Chatham County Commissions spoke against the proposed density. One citizen spoke in opposition of the proposed rezoning citing concerns about density and water management.
Notification of Second Public Hearing at Planning and Zoning Board Meeting	Because there had been significant changes to the conditions proposed at the first public hearing, a second public hearing was required at the Planning and Zoning Board Meeting. It had been more than two years since initial notification of this rezoning request was sent to adjacent property owners, therefore, staff mailed a second notification letter to property owners within 400 feet of the subject property on November 4, 2009. The mailing list was updated to reflect the current owners. The property was posted on November 4 and notices were published in the Cary News on November 4 and 11, 2009.
November 16, 2009 Planning and Zoning Board Meeting	Several issues had not been resolved on the subject request, especially pertaining to traffic impacts. The case was delayed initially to allow the applicant time to look for an alternate school or institutional use on the subject property. Prior to the November meeting, the applicant reported some progress with negotiations regarding the sale of the property, however, the specific information requested by Cary’s Engineering Department to analyze the case was not provided. Furthermore, at the time of the meeting, the applicant had not indicated if the proposed residential use would be age restricted. Rather than continue to delay the case indefinitely, staff advised the applicant that the case needed to move forward for a recommendation based on the information that had been provided to date.
	At the request of the applicant, the Planning and Zoning Board voted to continue the public hearing until January 25, 2010.
January 25, 2010 Planning and Zoning Board Meeting	Staff provided a brief update regarding the status of the request. No one spoke at the public hearing. To allow time for new traffic count information to be analyzed, the Planning and Zoning Board continued the public hearing until March, 15, 2010.
March 15, 2010 Planning and Zoning Board Public Hearing	Staff reported that the applicant removed an earlier request for a 7-acre school site on the subject property, and is now requesting that Tract SF6 be increased in area and allow 145 age-restricted residential units in addition to the 46 previously approved single-family residential units.
	The applicant spoke and explained that the efforts to secure a school for the subject property had been unsuccessful.
	Several board members expressed concern that the proposed use was not consistent with the Chatham-Cary Joint Land Use plan draft. Staff explained that the plan was developed and proposed based on the existing zoning that was in place when the plan was first drafted.
	One board member expressed concern about the sufficiency of rear-yard setbacks for properties backing up to the American Tobacco Trail.
	The applicant explained that, in addition to a buffer, a conservation easement would be provided on lots backing up to the ATT.
	The Planning and Zoning Board recommended the amendment for approval 7 to 2.
Changes since the Planning and Zoning Board Public Hearing	The applicant agreed to revise the PDD document to include language that stipulates that the conservation easement on lots backing up to the ATT will be granted to the Weldon Ridge HOA and that The Town of Cary will not be responsible for maintenance in this easement.

The applicant has submitted the following proposed zoning condition:
The 145 age-restricted dwelling units will be limited to residency by adults ages 55 and older.

CONSISTENCY WITH THE COMPREHENSIVE PLAN 

Land Use Plan
This rezoning request conforms to the adopted Land Use Plan. The Plan’s land use designation for this site is Low Density Residential (LDR), which is defined as single-family residential at one (1) to three (3) units per acre. The gross overall density of the Weldon Ridge PDD is proposed to be 2.7 dwelling units per acre. The LDR land use category also typically includes neighborhood-supportive uses such as schools and places of worship.

Planning Background: This site is located immediately adjacent to, but outside of, the western boundary of the Southwest Area Plan. The site was not included within the Southwest Area Plan boundaries because the site is located in Chatham County. Therefore, the land use recommendations for this site are taken from the townwide Land Use Plan. (Note: The townwide Land Use Plan Map was amended in August 2004 to remove all land in Chatham County south of New Hope Church Road that was not already in the Town Limits. However, since Weldon Ridge was already within the Town Limits at that time, the townwide Land Use Plan continues to provide land use recommendations for that area.)

Draft Chatham-Cary Joint Land Use Plan - The site is located entirely within Chatham County. Since this case was originally submitted in 2007, a draft Chatham-Cary Joint Land Use Plan has been proposed by the Chatham-Cary Joint Issues Committee. The draft Joint Plan was presented for feedback at community meetings in November 2009. Official public hearings are tentatively planned for spring 2010. The current draft joint plan recommends that the site be used for Institutional land uses. Thus, the requested amendment does not conform to the draft plan. However, the draft plan has not yet been officially adopted by the Town Council, and may continue to undergo modification prior to adoption.

Growth Management Plan
The Growth Management Plan includes the following Guiding Principles which are relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

Analysis: Some utilities are available along the southern boundary of the subject parcels and along the major roadways, Yates Store Road and New Hope Church Road, near the site.

2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis: The subject parcels are slightly over three miles away from the Alston Regional Mixed Use Center and almost four miles from Research Triangle Park.

3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

Analysis: Future development of the subject parcels must follow Cary’s Land Development Ordinance, and should be sensitive to the existing agricultural land and mixed hardwood and conifer plant communities noted by the Open Space and Historic Resources Plan.

4. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.

Analysis: The Growth Management Plan and the Land Use Plan complement one another as volumes of the Town’s Comprehensive Plan. The proposed amendment represents a minimal increase in potential development yield for the site. However, this potential increase is counter-balanced by the fact that much of the Northwest Area is building out at densities significantly lower than those supported by the Northwest Area Plan. This is particularly true in the areas south and east of the subject parcels, where actual development densities have been roughly half that supported by the Northwest Plan.

Affordable Housing Plan
The Affordable Housing Plan includes the following goals relevant to this case:

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

Analysis: A variety or increase of potential housing may help to offer a more diverse range of housing stock on the subject parcels.

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 between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

Analysis: This information has been provided to the applicant for consideration.

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

Analysis: The Town’s Land Development Ordinance, Community Appearance Manual, and Design Guidelines manual all direct the creation of a quality living environment for the citizens of Cary.

Comprehensive Transportation Plan - Yates Store Road
Existing Section: Approx. 100-foot ROW, 2-lane road
Future Section: 100-foot ROW, 4-lane median-divided road
Road Improvements: None scheduled
Sidewalks Requirements: Sidewalks on both sides
Bicycle Requirements: 14-foot-wide outside lanes
Transit Requirements: None
Traffic Analysis: An original traffic study was conducted 03-TAR-153 (formerly Forest Oaks) which analyzed a 1,000-seat church, a 500-seat K-8 school, a 1,500-seat high school, 451 single-family houses and 139 multi-family houses. The original scenario generated 1,264 AM trips and 887 PM trips and was based on 2008 build-out. Because the build out year analyzed in the traffic study has passed and conditions in the area may have changed, staff was concerned with the validity and applicability of the original traffic study to analyze this proposed rezoning. Staff worked with the developer’s consultants to identify the parameters of some studies that could be performed by the developer’s consultants to determine if an extension of the traffic study should be considered by staff and Council.

On February 25, 2010, Town Council extended the Certificate of Adequate Public Facilities for Roads (CAPFR) for this rezoning case only. Therefore, no additional traffic study is required at this time for this rezoning. Additional analysis will be needed at site plan to determine the validity of the CAPFR at that time.

Open Space and Historic Resources Plan
The 2001 Open Space and Historic Resources Plan (OSHRP) identified some potential open space resources on this site, composed of mixed hardwood/conifer forest. However, these resources are relatively lower ranked in significance compared to other potential open space sites, and are not designated as high priority open space areas for preservation. However, the plan’s open space resources inventory did identify lower-priority mixed hardwood/conifer forest on the site.

Parks & Greenways Master Plan
Per the previous PDD approval and subsequent amendments, park land has been dedicated to the Town to satisfy the park land dedication requirement in accordance with the Land Development Ordinance. The developer/builder of the subject parcel will construct private, 8-foot-wide asphalt trails to link the subject parcel to the American Tobacco Trail to the east, to the future public park to the north, and to the future public greenway to the south. Exact locations of these trails will be determined at site/subdivision plan approval. PRCR is also requesting that the developer construct the public, 10-foot-wide asphalt trail between Yates Store Road and the Weldon Ridge Recreation Site; this trail is indicated on the PDD document and developers of the SF5 site and the recreation site are required to dedicate the greenway easement for this trail to the Town.

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 for Staff to 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

	Previously Approved PDD	Proposed at Initial Town Council Public Hearing	Current Proposal and Impact
Area designated for School/Church Complex	60.51 ± acres	20 acres	Approximately 40 acres removed from Tract S-1 and added to SF 6. School use has been removed. School use has been removed and an addition of 145 age-restricted residential units is proposed. Tract SF-6, that already had 46 residential units approved, is now limited to 191 dwelling units.
Tract SF-6 Land Area	9.19 acres	47.7 acres	Area of SF-6 has increased from approximately 9 acres to 47.7 acres.
Tract SF-6 Dwelling Units	46	145 additional units for a total of 191	Addition of 145 age-restricted units to the 46 previously approved, non age-restricted residential units for a total of 191 dwelling units.
Maximum number of Dwelling Units for the Total PDD	650	795	795
Density for SF-6	5.0 (based on 46 units on 9.19 acres)	4.0	4.0
Gross Density for overall residential area of PDD	2.55	2.7	2.7
Open Space	103.44	139.40	103.44 acres Town Park area (35.86 acres) is no longer included in the calculation.
American Tobacco Trail Buffer and Easement	50-foot Type A Landscape Strip	No Change	50-foot landscape strip and an additional 25-foot conservation easement on residential lots
Maximum Non-Residential Building Square Footage	240,000	120,000	120,000
Residential Setbacks for age-restricted units in proposed SF-6 area (formerly S-1)	7’ Minimum with a 15’ aggregate; 13’ minimum corner side	0’ minimum with a 15’ aggregate; 13’ minimum corner side	3’ minimum; 8’ corner side Added a minimum side yard setback; removed aggregate requirement and reduced corner side setback by 5 feet.
Residential Lot Size for SF 6 Area (formerly MU-1, S-1 and portion of SF6)	5,200 sq. ft. minimum; 5,500 average	No change	No change	No change

Environmental
According to the Town of Cary GIS maps, there is a stream buffer along the northern property line of the subject and along the southern most part of the southern boundary line of the subject property. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

Buffers and Open Space
The existing Weldon Ridge PDD provides a 50-foot Type “A” (opaque) landscape strip along the western portion of the subject property adjacent to the American Tobacco Trail. The current request, to replace the school use with age-restricted residential use, adds a 25-foot easement over the rear of the adjacent residential lots. The applicant has agreed to have a conservation easement placed over this entire 75-foot section for permanent protection. This easement will be granted to the neighborhood home owner association. Along the eastern property line (Parcel C-1’s western property line), the applicant is proposing a 10-foot Type “A” landscape strip and along the northeastern boundary of the subject request, a 30-foot Type “A” landscape strip is proposed. A stream buffer to the north and south buffers this subject request from a Town Park and Weldon Ridge PDD parcel SF-7, respectively.

Streetscape
According to Chapter 7 (LDO), the applicant will be required to provide a 50-foot Type “A” (opaque) buffer along Yates Store Road that is classified as a thoroughfare.

Staff Observation
Chapter 4 of the Land Development Ordinance states:

In return for greater flexibility in site design requirements, Planned Developments are expected to deliver exceptional quality community designs that preserve the critical environment resources, provide above average open space amenities, incorporate creative design in the layout of buildings, open space and circulation, assure compatibility with surrounding land uses and neighborhood character and provide greater efficiency in the layout and provision of roads, utilities and other infrastructure.

At the time of the November 16, 2009 Planning and Zoning Board Public Hearing, staff made the following observation:

The requested amendment to the existing Weldon Ridge PDD is for the addition of 128 dwelling units to a development plan that is already predominantly residential. The area designated by the applicant for school or institutional use is less than eight acres. Staff’s observation is that without significant land area being designated for nonresidential uses, and no zoning conditions to specify age restrictions for certain housing types, this development functions like a traditional development/subdivision plan. Therefore, reductions to standard residential lot sizes and setbacks are not justified.

Staff’s current observation is that by providing a condition that places age restrictions on 145 dwelling units in the SF-6 tract, the PDD offers a broader range of housing opportunities. The applicant has offered additional protection to the America Tobacco Trail by requiring a 25-foot easement on lots backing up to the trail in addition to the 50-foot landscape strip that was previously approved.

CRITERIA FOR CONSIDERATION IN REVIEWING REZONINGS AND PDD'S
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered 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;

7. The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8. The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

OTHER REFERENCE INFORMATION

Schools
The subject parcels are within Chatham County, therefore, any children attending public schools would attend Chatham County schools. The applicant indicated in the initial justification statement that the impact on schools should be minimal since the proposed project will be targeted as an “active adult” neighborhood. In December 2009, the applicant offered a condition that the single-family residential homes on the subject property be age-restricted. Chatham County requires school impact fees unless the age restriction is limited to residents ages 65 and older with legal provisions, such as restrictive covenants, to guarantee enforcement.

If students lived within the parcels of this subject request, they would attend North Chatham, which serves K-8 and Northwoods High School.

At the time of the initial public hearing, no information was available regarding student enrollment. Since then, staff has learned the following from the Chatham County School Administrative Offices:

• Northwood High School currently exceeds its rated capacity of 714 by 215 students.
• North Chatham K-8 currently exceeds its rated capacity of 489 by 325 students.
• A new middle school in the Briar Chapel Development is planned for the fall of 2010. Once that is completed, North Chatham will be limited to elementary grades, and the enrollment is expected to be closer to rated capacity.

Applicant’s Justification Statement Submitted (August 30, 2007)
The following statements (in italics) are provided by the applicant in response to the criteria (shown in bold) established in the application and does not necessarily represent the views or opinions of the Town of Cary. Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition:

1. Any issues with the size of the tract? Please see the Justification Statement.

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

3. What are the benefits and detriments to the owner, neighbors and the community? Please see the Justification Statement.

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? Please see the Justification Statement.

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

Justification Statement

Site S-1 in the Weldon Ridge PDD was previously approved as a church/school site. This request proposes to reduce the church/school site to approximately 20 acres and develop the remaining 42.15 ± acres as an “active adult” neighborhood. The adjacent residential site SF-6 was originally approved for this type of lot size and housing product but the tract itself is not large enough to establish the necessary character and appropriate identity for the neighborhood; thus the need to expand the tract. Since this proposal is on a site that is within the Weldon Ridge PDD and almost entirely surrounded by land within the PDD, this request is compatible with the Comprehensive Plan and direction established by the previous PDD approvals and area plan guidelines. Schools would appear to be the one area impacted: Chatham County schools will not be overloaded due to the “active adult” concept applied to the housing type. With this transition from the school, traffic in the area has been reduced and a different housing type has been validated by establishing a larger number of units but other benefits and detriments remain as previously approved. The uses allowed with the proposed zoning are the same as those previously approved just in different amounts so relationship to uses on adjacent tracts remain virtually the same. No other modifications are proposed to what was previously approved in the PDD.

Ordinance for Consideration

07-REZ-21

Weldon Ridge Planned Development District (PDD) Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 47.7 ACRES LOCATED IN CHATHAM COUNTY, SOUTHWEST OF THE NEW HOPE SCHOOL ROAD AND YATES STORE ROAD INTERSECTION, OWNED BY FOREST OAKS INVESTORS, LLC AND GLENNJAN, LLC BY AMENDING THE WELDON RIDGE PDD TO ALLOW THE ADDITION OF 145 AGE-RESTRICTED, SINGLE-FAMILY RESIDENTAL UNITS ON THE TRACT THAT WAS PREVIOUSLY LIMITED TO CHURCH AND SCHOOL USE.

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:

PARCEL & OWNER INFORMATION

Section 2: That this Property is rezoned by amending the previously approved Weldon Ridge PDD to allow single-family residential use on a tract that was previously limited to school and church use and is subject to the individualized development conditions set forth herein and within the Weldon Ridge PDD amendment, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3: The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are set forth within the Weldon Ridge PDD Amendment and include the condition that The 145 age-restricted dwelling units in Tract SF 6 will be limited to residency by adults ages 55 and older.

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: April 29, 2010

_________________________________      ________________________
Harold Weinbrecht, Jr.                                Date
Mayor