Town of Cary , North Carolina

Rezoning Staff Report to the Town Council

07-REZ-38 Park at Westlake

 

Request

 

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 10.74 acres located southwest of the Serene Forest Drive and Dayton Ridge Drive intersection, from Residential-20 Conditional Use District Wake County (R-20 CUD W) to Residential-8 (R-8) and Transitional Residential (TR).

 

The Town is proposing initial zoning for this property, which is associated with a citizen-initiated annexation request. The reason for this proposed initial zoning is that the property is currently under a Wake County zoning district (Residential-20 CUD W).  Upon annexation into the Town, the zoning of the property must be changed to Cary zoning districts (in this case, the proposed Residential-8 and Transitional Residential). Because this property is already developed and/or within an existing subdivision approved by Wake County, the proposed R-8 and TR zoning districts are the most comparable to the existing use of the property. 

 

In 2002, the Council approved the development of the 353 acre parent parcel with Town utilities without annexation and allowed subdivision approval through the Wake County Residential-30 zoning district cluster option.  Due to State law requirements, the Town was unable to accept a citizen-initiated annexation petition at that time because the property was closer to Holly Spring's corporate limits.  In 2003, a Holly Springs/Cary Utility Service Agreement was adopted which allowed this property to be annexed and to establish a compatible Cary zoning district.  The developer of this Wake County subdivision agreed to annex based on subdivision plat boundaries.   

 

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 February 11, 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 February 13 and 20, 2008.

 

Feedback at the Town Council Public Hearing:  No citizens spoke at the public hearing. There were no questions or comments from Council members.

 

Changes Since the Town Council Public Hearing:  None

 

summary

 

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 requested initial zonings of Transitional Residential (TR) and Residential-8 (R-8) are compatible with the Wake County Residential-20 CUD (R-20 CUD W) zoning district.

 

The applicant has submitted the following proposed zoning conditions: None

 

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 March 17, 2008 and voted 7-0 to forward this case to the Town Council with a recommendation for 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 designation is Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster. The property was developed in Wake County under their cluster option, and is therefore consistent with the Land Use Plan.

 

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

1.       A1 Guiding Principle: Increase permitted densities in preferred growth areas to encouraged desired forms of development.

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

 

C.  Affordable Housing Plan: The Affordable Housing Plan is not applicable.

 

D.  Comprehensive Transportation Plan: 
Existing Section:  Local residential road

Future Section:  Local residential road

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk required on at least one side

Bicycle Requirements: N/A

Transit Requirements:  N/A

Traffic Analysis:  A traffic study is not applicable for this action.

 

E.  Parks & Greenways Master Plan:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, there are no issues related to this site.  A greenway easement is being dedicated to the Town on the open space adjacent to the site on the west side.  According to the Open Space and Historic Resources Plan (OSHRP) there are no issues related to this site.

 

Consistency with the Land Development Ordinance

 

F.  Environmental:  According to the Town of Cary GIS maps, there is a stream buffer impacting the parcels west of Dayton Ridge Drive and one parcel on Roswellcrest Court. The parcels included within this rezoning request were approved on a subdivision plan in Wake County.

 

G.  Buffers:  As provided in accordance with the Wake County Zoning Ordinance.

 

H.  Streetscape:  As provided in accordance with the Wake County Zoning 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;

 

Ordinance for Consideration

07-REZ-38 Park at Westlake

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 10.74 ACRES LOCATED SOUTHWEST OF THE DAYTON RIDGE DRIVE AND SERENE FOREST DRIVE INTERSECTION OWNED BY L AND L OF RALEIGH, INC. BY REZONING FROM RESIDENTIAL-20 CONDITIONAL USE DISTRICT WAKE COUNTY (R-20 CUD W) TO RESIDENTIAL-8 (R-8) AND TRANSITIONAL RESIDENTIAL (TR).

 

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
Property Owner(s)	County Parcel Number(s) (10 digit)	Real Estate ID(s)	Area ± (Acres)	Proposed Zoning District
L and L of Raleigh, Inc 2301 Stonehenge Dr. Suite 107 Raleigh, NC 27615	0679042196 0679041197 0679041106 0679040114 0669949132 0669948131 0669947114 0669945303 0669946332 0669947331 0669948320 0669949320 0679040311 0679040393 0679041385 0679042376 0679034106 0679033253 0679033238 0679033323 0679033318 0679033413 0679033419 0679033504 0679033605 0679033701 0679033707 0679032892 0679032999	0364134 0364135 0364136 0364137 0364138 0364139 0364140 0364125 0364126 0364127 0364128 0364129 0364130 0364131 0364132 0364133 0364122 0364121 0364120 0364119 0364118 0364117 0364116 0364115 0364114 0364113 0364111 0364112 0364123	0.34 0.26 0.26 0.26 0.27 0.30 0.50 0.50 0.28 0.27 0.26 0.25 0.25 0.25 0.25 0.24 0.25 0.14 0.14 0.14 0.14 0.14 0.14 0.16 0.16 0.14 0.14 0.14 0.34	R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 R-8 TR TR TR TR TR TR TR TR TR TR TR TR TR
Total Acres			6.91 ±*

 

* The total acreage does not include the right-of-way. With the right-of-way included, the total acreage is 10.74 ±.

Section 2:  That this Property is rezoned from Residential-20 Conditional Use District Wake County (R-20 CUD W) to Residential-8 (R-8) and Transitional Residential (TR) 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:  This ordinance shall be effective 6 months from the date of adoption.

 

Adopted:  April 24, 2008

 

Effective: October 24, 2008

 

Harold Weinbrecht, Jr. Mayor		Date