Town of Cary , North Carolina

Establishment of Base Zoning Datasheet

Staff Report to the Town Council

08-REZ-02 Raftery Tract Park

Background

 

Wake County and the Town of Cary jointly purchased approximately 115 acres from Raftery Ventures for open space and recreational purposes.  It was agreed that Wake County and the Town of Cary would jointly plan for the future use of this property.  The Town of Cary is required to apply base zoning to all property annexed into the Town’s corporate limits.  This land is currently located outside Cary’s ETJ and there is currently an annexation petition (08-A-01) associated with this case. 

 

This application is a request for Town Council to approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 115.5 acres, located 1,600 feet southeast of the Green Level Church Road and White Oak Church Road intersection, from Residential 40 Wake County (R-40W) to Resource/Recreation (RR).

 

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 June 9, 2008, property owners within 400 feet of the subject property were notified by mail of the proposed rezoning.  In addition, notification consistent with NC General Statutes was present in the Cary News on June 11, and 18, 2008.  

Feedback at the Public Hearing

Staff presented the case and summarized the types of uses permitted in a Resource/Recreation zoning district.  No citizens spoke either in support of, or opposed to the request. Council verified the location of the subject property in relation to existing Town of Cary greenway trails.  The case was forwarded to the July 21, 2008 Planning and Zoning Board.

 

Feedback at the Planning and Zoning Board Meeting

The Planning and Zoning Board asked if the future use of the park land had been determined.  Staff explained that this had not yet been determined and final design and use of the site would require joint planning between the Town of Cary Parks, Recreation and Cultural Resources Department and Wake County.

 

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 July 21, 2008 and voted 9-0 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 on the staff report.

 

Changes since the Planning and Zoning Board Meeting:

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

 

 

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.   Affordable Housing Plan: 
      Based on the proposal, the Affordable Housing Plan is not applicable.

 

D.   Comprehensive Transportation Plan:  

*East/West collector extension shown on thoroughfare plan has been re-routed north to Green Level Church Road, so is no longer required.

* This rezoning is in the vicinity of the County Line Road extension and will require further study of the alignment. The    dimensional requirements are as follows:

Existing Section:  N/A

Future Section:  SW Area Plan rural thoroughfare requirements

Road Improvements:  None scheduled

Sidewalks Requirements: N/A

Bicycle Requirements: N/A

Transit Requirements:  None

 

E.   Parks & Greenways Master Plan: Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan this property was purchased for open space and park purposes.  Per the approved Master Plan, this has been designated as a Community Park . The American Tobacco Trail (ATT) passes through the property, and a Town of Cary greenway is proposed along the riparian buffer on site connecting to the ATT.  According to the Open Space and Historical Resources Plan (OSHRP) portions of this property are proposed for open space conservation due to the mixed hardwood and conifer forests on site.

 

Consistency with the Land Development Ordinance

 

F.  Environmental:  
According to the Town of Cary GIS maps, there are stream buffers located on 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.

 

G.  Buffers: 
The type and width of perimeter buffers required on the subject property will depend on future development plans.  If park land or open space is proposed, then according to Chapter 7 of the Land Development Ordinance, a 20-foot Type B (semi-opaque) buffer shall be required adjacent to the single-family homes adjacent to the property.  If future development plans include an athletic field or public recreation center, then a 40-foot type A (opaque) Buffer shall be required. 

 

H.  Streetscape: 
According to Chapter 7 of the Land Development Ordinance, the width of the streetscape for non-residential uses shall be a minimum of 30 feet along thoroughfares and major collectors designated on the Cary Comprehensive Plan, measured from the ultimate right-of-way line.

 

 

I.  Traffic Analysis: 

Currently, under Wake County zoning, R-40W, this parcel could generate 117 peak hour trips.  While preliminary engineering of the site has not been done, with the proposed zoning to resource/recreation, the site was reviewed for trip generation purposes as a regional park (Land Use Code 417).  This use generates 0.20 trips/acre (assume 115.5 acres) for the PM or 23 trips.  Therefore, this proposal would be considered a down zoning from a traffic standpoint.  However, a traffic study might be needed at site plan.  If other amenities are identified to be included in the park, the traffic impacts will be identified at that time.

 

The proposed project is in the rezoning stage and, therefore, preliminary engineering of the site has not been 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.

 

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

08-REZ-02 Raftery Tract Park

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 115.5 ACRES LOCATED AT WHITE OAK CHURCH ROAD OWNED BY TOWN OF CARY AND WAKE COUNTY BY REZONING FROM RESIDENTIAL 40 WAKE (R40W) TO RESOURCE/RECREATIONAL (RR).

 

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 Wake County 40 (R-40W) 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:  August 28, 2008

 

Harold Weinbrecht, Jr. Mayor		Date