Town of Cary , North Carolina

Rezoning Staff Report for the Town Council  

08-REZ-05 Kera Gardens

 

Request

 

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary from Residential 40 (R-40) to Residential 12 Conditional Use (R-12 CU) for approximately 7.33 acres, located at 917 Reedy Creek Road, from Residential 40 (R-40) to Residential 12 Conditional Use (R-12 CU). The applicant has submitted the following proposed zoning conditions:

1.   Development shall be limited to a miximum of 12 single-family dwelling units.

2.   The property will have a minimum of one (1) acre of common open space, centrally located on the property and maintained by the
      homeowner's association.

 

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 April 22, 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 April 23, 2008 and April 30, 2008.  Notification of a second public hearing, to be held at the Planning and Zoning Board Meeting, was sent to the Cary News to be published on July 9, 2008 and July 16, 2008.

 

Feedback at the Public Hearing

Staff presented the request and noted there were no protest petitions.  The applicant, Jon Frazier, reported that a neighborhood meeting had been conducted and the owners of the subject property were seeking to create a development that would be compatible with the existing neighborhoods. Two citizens spoke about the importance of preserving natural features on the subject property, especially the existing pond.   Staff reported that the applicant was interested in offering a zoning condition that would protect the pond, but that based on feedback from the Cary’s Stormwater Management Division, felt the feasibility of preserving the pond was best addressed during the site plan review process.  One citizen spoke about the potential traffic impacts on Reedy Creek Road.  Council asked if a determination of road alignment had been made.  Staff advised that a site plan had not been submitted for review, and that road location would be evaluated at that time.                                    

 

Changes Since the Public Hearing

The applicant submitted one additional zoning condition to propose a minimum of one acre of open space, centrally located on the property and maintained by the home owners’ association.

 

Feedback at the Planning and Zoning Board Meeting

Staff explained that a new zoning condition had been introduced by the applicant to provide for a minimum of one acre of common open space.  The applicant remarked that this condition was in response to a request from the neighbors to preserve natural resources on the subject property.

One citizen spoke at the public hearing about her concerns regarding the traffic on Reedy Creek Road.

Engineering staff advised that this road was being evaluated for future improvements by the town.

The Planning and Zoning Board commented that the proposed increase in trips was minor based on the zoning condition to limit use to 12 lots.

 

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

 

As described below in the Consistency with the Comprehensive Plan and Consistency with the Land Development Ordinance sections, Staff has reviewed the application and information provided prior to this meeting, and the analysis by 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 requested zoning for the subject parcels is Residential 12 Conditional Use.  R-12 is a residential single-family zoning district with a minimum lot area of 12,000 square feet and a maximum allowed density of 3.63 units per acre, but the applicant is placing a condition on the zoning that restricts the number of dwelling units to a maximum of 12, with a total density of 1.64 dwelling units/acre. The Town-wide Land Use Plan recommends these parcels for low density, single-family residential development at one to three units per acre. This rezoning request conforms to the adopted Land Use Plan.  

 

B.  Growth Management Plan: 
The Growth Management Plan includes the following Guiding Principle which is relevant to this case: 

 

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

 

C.  Affordable Housing Plan:

Based upon the proposed use, the Affordable Housing Plan is not applicable.

D. Comprehensive Transportation Plan:  

Reedy Creek Rd.

Existing Section: Approximately 60’ ROW, 2 lane minor thoroughfare

Future Section: Two-lane with paved median, minor thoroughfare

Road Improvements: Survey and base map design have been completed for future roadway project by the Town of Cary and may be considered for funding in the 2013/2014 budget

Sidewalk Requirements: Sidewalk required on both sides

Bicycle Requirements: 14’ wide outside lanes required

Transit Requirements: None

 

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 recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.  According to the Open Space and Historical Resources Plan (OSHRP), this site was not proposed for open space conservation and no historic structures have been identified on this site.

 

Consistency with the Land Development Ordinance

 

F.  Traffic Analysis:  The current R-40 zoning would generate six AM peak hour trips and eight PM peak hour trips.  The proposed rezoning with the conditions of 12 single family lots would only generate 13 AM and 13 PM peak hour trips.  The difference does not meet the 50 peak hour trip threshold requirement for a traffic study.

 

G.      Environmental:

According to the Town of Cary GIS maps, there is a stream buffer impacting the subject property. 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, at the time of site plan review, the applicant will be required to provide a 20’ wide landscape area planted to a Type B (semi-opaque) Buffer standard between the subject property and adjacent single family developments.

 

I.      Streetscape:

According to Chapter 7 of the Land Development Ordinance, a 50’ wide streetscape is required along Reedy Creek Road.  Within this streetscape, existing healthy vegetation shall be maintained and supplemented, if necessary, to achieve a Type A (opaque) standard.

 

The proposed project is in the rezoning stage and, therefore, preliminary engineering of the site has not been submitted to staff for 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:

District Regulations	Existing Zoning (R40 )	Requested Zoning (R12 CU )
Maximum Gross Density (du/ac)	1.08	3.63*
Minimum Lot Size (square feet)	40,000	12,000
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	15’ With septic tank & well 10’ with sewer	10’
Front Setback	From thoroughfare: 50’ From collector: 30’ From other streets: 20’	From thoroughfare: 50’ From collector: 30’ From other streets: 20’
Rear Yard Setback	30’	25’
Maximum Building Height	35’	35’

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

* The LDO sets a density limit of 3.63 for R-12 Zoning.  A zoning condition proposed by the applicant limits the maximum number of dwelling units to 12 on the subject property, which consists of approximately 7.33 ± acres. This would yield a density of 1.63 dwelling units per acre.

 

 

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 a rough approximation.  The actual number of students will vary depending on variables, such as the number of bedrooms, dwelling size, and other factors. For example: a site with 12  three-bedroom homes could yield six additional students, while 12 homes with greater than three bedroom units could yield 10 students. 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 (March 27, 2008) Part 6A:

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) 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? There are no issues with the size of the tract.  At 8.0 acres the tract is conducive to R-12 zoning, and at a maximum of 12 dwelling units the total density will be 1.5 units/acre, which is below the maximum density of 3.63 units/acre as required by the Town Code.

 

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

The Land Use Plan calls for Low Density Residential development, so the request of a Rezoning to R-12 CU with a maximum of 12 dwelling units is compatible.

 

3. What are the benefits and detriments to the owner, neighbors and the community?

The benefits to the owner are an opportunity to enjoy a beautiful piece of property in which the owners intend to live themselves, while generating enough lots to offset the costs of roadway improvements and access into the property.

 

The neighbors and community will be benefited by a property of like-zoning and compatibility with the Town’s Land Use Plan.  The property will provide a transition between the traditional homes of the adjacent R-12 zoned tracts to the larger estates of the adjacent R-40 zoned tracts.  The limit on dwelling units will allow minimal impacts to existing traffic and the environment, while the development of the property itself will aim to improve existing stormwater and soil erosion problems on downstream properties.

 

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? The adjacent tracts to the west and north are zoned R-12, and the adjacent tracts to the east and south are zoned R-40.  While the proposed R-12 zoning is the same as the adjacent tracts to the west and north, the limit on dwelling units will provide a low density transition from the existing R-12 zoned tracts to the existing R-40 zoned tracts.

 

 

On-Line Public Feedback

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Ordinance for Consideration

08-REZ-05 Kera Gardens

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 7.33 ACRES LOCATED AT 917 REEDY CREEK ROAD OWNED BY PHILIP ABRAHAM BY REZONING FROM RESIDENTIAL 40 (R40) TO RESIDENTIAL 12 CONDITIONAL USE (R12 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 (R12- CU) 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 a maximum of 12 single family dwelling units.

2.   The property shall have a minimum of one (1) acre of common open space, centrally located on the property and
      maintained by the home owners’ association.

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:  August 14, 2008

 

Harold Weinbrecht, Jr. Mayor		Date