Town of Cary , North Carolina

Rezoning Staff Report to the Town Council  

07-REZ-31 White Oak Creek Project at Green Level West Road

 

Request

 

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 74.34 acres, located south of Green Level West Road, from Residential 40 Wake County (R40W) to Resource/Recreation (RR).  An Annexation Petition, 07-A-02, is being considered in conjunction with this case.

 

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

 

 

 

Public Notification:                                                                                                                 
On January 24, 2008, 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 January 9, and 16, 2008.

 

Feedback at the Town Council Public Hearing

Staff presented the case and noted that the property was not eligible for protest petitions.  Staff added that there had been no opposition expressed to Staff regarding the rezoning request. No one spoke in favor of or opposed to the request.  One council member inquired if the land area between this property and the land in rezoning case 07-REZ-32 was contiguous.  Staff explained that it was not; which is why the cases were being presented separately.  Council asked for verification that the greenway trail on the subject property would not have gaps. Staff explained that the Town had obtained easements from the property owners of the land in between the Town owned properties; therefore, there would be no interruptions to the greenway trail.

 

Changes Since the Public Hearing

None

 

Planning and Zoning Board Recommendation

Unanimously recommended for approval

 

Summary

Staff has reviewed the application and information provided.  The analysis of Staff is that the request is consistent with the goals and objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest.

Town Council Final Action

Approved on the Consent Agenda with no further discussion.

 

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request conforms to the adopted Land Use Plan which designates the area for Parks, Open Space and Greenways.

 

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

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
2. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.
3. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.
4. C2 Guiding Principle: Ensure public investment decisions are consistent with the Town’s growth management goals.
5. Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.

 

C.  Comprehensive Transportation Plan: 
Green Level West Rd.

Existing Section:  Approx. 60’ ROW, 2-lane road

Future Section: Rural 4-lane median divided thoroughfare, approx. 112’ ROW

Road Improvements:  FY 2013 CIB design project

Sidewalks Requirements: N/A

Bicycle Requirements: N/A

Transit Requirements: None

Traffic Analysis:   Since the Town is only placing trails and sewer easements in this area, this proposal would not generate any vehicular traffic which would require a traffic study.

 

D. Open Space and Historic Resources Plan: 
In accordance with the Open Space and Historic Resources Plan (OSHRP), these parcels were identified as priority open space areas given the extensive riparian buffers, wetlands, bottomland forests and some mixed upland forest.  The Town purchased these parcels for conservation between 2002 and 2007.  

 

E.  Parks & Greenways Master Plan:  Greenways Map
In accordance with the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the White Oak Greenway was recently constructed across the 4 parcels on the north side of White Oak Creek.   

 

F. Environmental:  
According to the Town of Cary GIS maps, there are several stream buffers on the subject properties.  Greenway trails are permitted in the outer edge of Zone Three of stream buffers. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan review process.

 

G. Buffers: 
No buffer is required for any use adjacent to permanent and/or zoned open space unless it is needed to meet the buffer width and type requirements in Table 7.2.2 of the Land Development Ordinance.  If this open space is not wide enough, or contains insufficient vegetation to meet the buffer type requirements, then future, adjacent developments may be required to add additional buffer area and/or vegetation in order to meet the requirements. 

 

H.  Streetscape: 
No streetscape is required per the Land Development Ordinance.

 

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 proposed use is non-residential and will not generate any increase in student enrollment.

 

This rezoning was initiated by the Town of Cary Staff for property owned by the Town of Cary.

 

  

  

Ordinance for Consideration

07-REZ-31 White Oak Creek Project at Green Level West Road

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 74.34  ACRES LOCATED ALONG GREEN LEVEL WEST ROAD   OWNED BY THE TOWN OF CARY FROM  RESIDENTIAL 40 WAKE COUNTY (R40W)  TO RESOURCE/RECREATION (R/R). 

 

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, Wake County (R40W)  to Resource/Recreation (RR) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3:  This ordinance shall be effective on the date of adoption.

Adopted and effective:  March 27, 2008

 

Harold Weinbrecht, Jr. Mayor		Date