Town of Cary , North Carolina

Rezoning Staff Report for Town Council

07-REZ-34 Evans Estate Phase II  

 

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 14.90 acres, located at 110 Anita Way, from Residential 40 (R40) to Residential 12 Conditional Use (R12 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

 

 

Notification:

On December 21, 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 December 26, 2007 and January 2, 2008.

 

Feedback at the Public Hearing:

Staff presented the case and noted the differences between this request the proposed rezoning case that had been rejected for the property in an earlier request.  The earlier request did not have zoning conditions and involved a larger land area.  Staff reported that there were no protest petitions.

 

The applicant has submitted the following proposed zoning conditions:

 

1.  Development shall be limited to 40 single family lots.

2.  Lots bordering the southern property line shall be a minimum of 14,000 square feet.

3.  A minimum 20' Type "B" undisturbed buffer, with disturbances only as provided for in the Land Development Ordinance, shall be maintained along the southern property line.

 

Changes since the Town Council Public Hearing:

None

 

Feedback from the Planning and Zoning Board

The Board verified with staff that road connectivity would be addressed during site plan review.

 

Planning and Zoning Board Recommendation

Unanimously recommended for approval

 

summary

 

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

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  The land use designation for the subject parcel is Low Density Residential (LDR).  The definition of LDR is 1 to 3 single family dwelling units per acre.  This rezoning request conforms to the adopted Land Use Plan as long as the residential unit density does not exceed 3 units per acre.

 

B.  Growth Management Plan: 
The Growth Management Plan includes the following two 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.

 

C. Affordable Housing Plan:

The Goals of the Affordable Housing Plan are not applicable to this case.

 

D.  Comprehensive Transportation Plan:  
Existing Section:  Anita Drive is a local street

Future Section:  n/a

Road Improvements:  n/a

Sidewalks Requirements: Sidewalks on at least one side

Bicycle Requirements: n/a

Transit Requirements:  None

 

Traffic Analysis:  The existing zoning of R-40 on 14.9 acres would generate approximately 15 peak PM trips.  Assuming that the R12 is single family homes, the 40 homes (based on the conditional use) would generate 40.4 peak hour trips.  So, that would be a net gain of approximately 25 trips.

 

Under an ordinance change passed by the Town Council on December 13, 2007, a TAR would not be required since the change does not exceed 50 peak hour trips.

E.  Open Space and Historic Resources Plan: 
As per the Open Space and Historic Resources Plan, significant hardwood and conifer plant communities are identified at along Anita Way.  The significant plant communities are located in the northern half of this lot.

 

F.  Parks & Greenways Master Plan:  Greenways Map 
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the Black Creek Greenway exists adjacent to the property’s eastern boundary line.  Private, 6’ wide paved trail connections providing access to the Black Creek Greenway will be required.  Locations of these trails will be determined during site plan review.   A payment in lieu of park land dedication will be required for residential development in accordance with the Land Development Ordinance.

 

CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE

 

G.  Environmental:  
According to the Town of Cary GIS maps, the subject property is impacted by stream buffers along the eastern and western property lines. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan review process.

 

H.  Buffers: 
According to Chapter 7 of the Land Development Ordinance, the applicant shall be required to provide a 20’ wide landscaping area planted to Type “B” Buffer standards between this proposed use and the adjacent uses to the south and east of the subject property. Per the Ordinance, this area may be located within the platted portion of a lot.  A zoning condition, proposed by the applicant, specifies a minimum 20' Type "B" undisturbed buffer outside the platted lots, with disturbances only as provided for in the Land Development Ordinance, and which shall be maintained along the southern property line adjacent to the existing Evans Estates subdivision. This proposed condition exceeds the Ordinance requirement for a landscaping area mentioned above.  In accordance with the LDO, a 40’ Type “A” Buffer is required between the subject property and adjacent multi-family residential uses.  No buffer is required for uses adjacent to permanent open space unless needed to meet buffer requirements between uses.

 

I.  Streetscape: 
According to Chapter 7 of the Land Development Ordinance, a streetscape is not required along Anita Way.

 

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to Staff for review done.  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 (R40)	Requested Zoning (R12 CU)
Maximum Gross Density (du/ac)	19	40*
Minimum Lot Size (square feet)	40,000	12,000 14,000 for lots along southern property line *
Minimum Lot  Width at Building Line	150’with septic tank/well (160’ for corner lot) 125’  with public sewer (135’ for corner lot)	80’ (90’ for corner lot)
Side Yard Setback	20’ with well/septic tank 15’ with public sewer	10’
Street Setback	From Thoroughfare: 50’ From collector: 30’ Other streets: 20’	From Thoroughfare: 50’ From collector: 30’ Other streets: 20’
Rear Yard Setback	30’	25’
Maximum Building Height	35’	35’

 

*Per zoning condition proposed by applicant.

 

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 2007-2008 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. For example: A site with 40 two-bedroom units could yield 11 additional students, while 40 three bedroom units could yield 17.  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.

 

Applicant’s Justification Statement Submitted (November 29, 2007)

 

The following statements (shown below in italics) are provided by the applicant in response to the criteria established in the application (shown below in bold) and do 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? No.

 

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportations, Open Space and Historic Resources)? Zoning request is for R12 which is consistent with the existing comprehensive plan.

 

3. What are the benefits and detriments to the owner, neighbors and the community?  Larger lots with larger houses rather than the R8 of Evans Estates would benefit Evans Estates’ owners with greater re-sale value.

 

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?  The allowable uses of a Residential subdivision are consistent with R12 zoning.  All adjacent land is residential or R40 Zoning.  The rezoning will have increased value of all property adjacent to this land.
 

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.  Does not apply to Re-zoning request.

 

Ordinance for Consideration

07-REZ-34 Evans Estates Phase II

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 14.90  ACRES LOCATED ALONG  ANITA WAY  OWNED BY CCR DEVELOPMENT, INC FROM  RESIDENTIAL 40 (R-40) TO  RESIDENTIAL 12  CONDITIONAL USE (R-12 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 (R40) to  Residential 12 Conditional Use (R12CU) 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. Development shall be limited to 40 Single Family Lots

 

2.  Lots bordering the southern property line shall be a minimum of 14,000square feet.

 

3. A minimum 20' Type "B" undisturbed buffer, with exceptions to disturbance only as provided for in the Land Development Ordinance,  will be maintained along the southern property line.

 

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 7, 2008

 

Harold Weinbrecht, Jr. Mayor		Date