08-REZ-11 Park at West Lake

Town of Cary , North Carolina

Initial Zoning Staff Report to the Town Council

Case 08-REZ-11 Park at West Lake

Request

The applicant is requesting approval of an Ordinance to amend the official zoning map to apply initial zoning of Transitional Residential (TR) to approximately 6.14 acres in The Park at West Lake Subdivision. The subject property contains 38 single-family residential lots comprising Phases 3 and 4 of West Lake Commons. The property is currently in Wake County’s planning jurisdiction and is zoned Wake County Residential 30 (R-30W). It is located in the southeasternmost portion of Cary’s planning area, south of Optimist Farm Road, west of West Lake Road, and northwest of the South Cary Water Reclamation Facility. The parcels are located along Bedford Ridge Drive and Graymoss Lane, between Serene Forest Drive and Dayton Ridge Drive.

In 2002 the Cary Town Council approved the approach of developing the 353 acre parent parcel under Wake County Zoning, with the understanding that the property would eventually be annexed into Cary and supplied with Town utilities. This parent parcel was approved as The Park at Westlake Subdivision by Wake County as a Residential 30 cluster subdivision. Wake County accepted courtesy review from the Town of Cary to ensure that the subdivision would be consistent with Cary utility standards upon future annexation. There is an annexation petition, 08-A-10, associated with this request.

Final subdivision plats creating the 38 single-family lots included in this request were recorded on September 4, 2007. The applicant has requested annexation and rezoning at this time so that the existing single–family lots can be sold, developed, and served with public utilities. The Cary zoning district to which the existing lots most closely conform is the Transitional Residential (TR) Zoning District.

Background Information

Applicant and Agent	Town of Cary, Planning Department
Acreage	6.14±
General Location Vicinity Map	Phases 3 and 4 of West Lake Commons in The Park at West Lake Subdivision, south of Optimist Farm Road, west of West Lake Road, and northwest of the South Cary Water Reclamation Facility.
Hearings / Meetings	*Public Hearing* September 25, 2008	*Planning & Zoning* October 20, 2008	*Town Council* November 20, 2008
Land Use Designation Land Use Map	Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster
Town Limits	The property is located outside of the ETJ
Annexation	A voluntary annexation petition, 08-A-10 was submitted by the applicant concurrent with this request for initial zoning.
Valid Protest	Protest petitions are not applicable to a map amendment (rezoning) that initially zones property that is being added to the Town’s jurisdiction by annexation.
P&Z Recommendation	Recommended for approval 9-0
Existing Use Zoning Map	Vacant Single-family Lots
Proposed Use	Single-family Residential
Final Council Action	To be provided after the Town Council Meeting
Staff Contact	Debra Grannan, Senior Planner PO Box 8005 Cary, NC 27512-8005 debra.grannan@townofcary.org (919) 460-4980

Notification

On September 10, 2008 property owners within 400 feet of the subject property were notified of the request. In addition, notification consistent with General Statutes was published in the Cary News on September 10, 2008 and September 17, 2008.

Feedback at the Public Hearing

No one spoke at the public hearing and there was no discussion of the case. After closing the public hearing, the Town Council forwarded the case to the October 20, 2008, Planning and Zoning Board meeting

Changes Since the Public Hearing

None

Feedback at the Planning and Zoning Board

One board member asked if the cluster option in Wake County called for the reservation of open space and questioned where it was located. Staff explained that the properties in question were part of a larger development project and that open space was distributed across the entire project. The board confirmed that the subdivision plan for this site had been approved under Wake County’s planning authority which accounted for the small lot size.

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 and the Land Development Ordinance.

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 its 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 encourage 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 following are Affordable Housing Plan goals that are applicable to the proposal:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning 80% of area median income.

3. Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons.

4. Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, homeownership training, and marketing of assistance programs.

5. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.

6. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

D. Comprehensive Transportation Plan:
The subject property is served by existing public streets as approved by Wake County for West Lake Commons. Streets in the adjacent phases of the development to the east and north that have already been developed provide access to Optimist Farm Road, which is classified as a major thoroughfare.

E. Parks & Greenways Master Plan: Greenway Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site. According to the Open Space and Historic Resources Plan (OSHRP) there were no significant natural resources identified on this site.

Consistency with the Land Development Ordinance

Compliance with subdivision-related design regulations such as those pertaining to drainage, stream buffers and other environmental features, landscape buffers, roads and streetscapes was through Wake County at the time of subdivision plan approval. Building permits for the individual lots will be reviewed and issued through the Town of Cary in conformance with applicable standards.

Ordinance for Consideration

08-REZ-11 Park at West Lake

AN ORDINANCE TO ESTABLISH THE ZONING FOR APPROXIMATELY 6.14 ACRES LOCATED ALONG Bedford Ridge Drive and Graymoss Lane between Serene Forest Drive and Dayton Ridge Drive OWNED BY L & L OF RALEIGH, INC. BY APPLYING TRANSITIONAL RESIDENTIAL (TR) ZONING TO PROPERTY CURRENTLY ZONED RESIDENTIAL 30 WAKE COUNTY (R-30W).

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

Section 1: The Official Zoning Map is hereby amended to apply initial Town of Cary Zoning to the area described as follows:

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel
Number(s) (10 digit)

Real Estate ID(s)

Area ±

(Acres)

L & L of Raleigh, Inc

2301 Stonehenge Drive, Suite #107

Raleigh, NC 27615

0669934912,

0669934907, 0669943082,

0669943077, 0669943152,

0669943137,

0669943213, 0669943219,

0669943335, 0669943463,

0669935856,

0669945042,

0669945170, 0669945137,

0669936815, 0669936864,

0669946012,

0669946072,

0669937813, 0669937872,

0669938822, 0669938872,

0669939832, 0669939893,

0679030844, 0679031806,

0679031876, 0679032824,

0679042023,

0679041064,

0679041003,

0679040052,

0367573,

0367574,

0367575,

0367576,

0367577,

0367578,

0367579,

0367580,

0367581,

0367572,

0367582,

0367570,

0367571,

0367587,

0367586,

0367585,

0367583,

0367584,

0367568,

0367567,

0367566,

0367565,

0367564,

0367563,

0367562,

0367561,

0367560,

0367559,

0367558,

0367557,

0367556,

0367555,

.15

.17

.16

.15

.17

.25

.26

.14

.17

.15

.14

.17

.14

.15

.17

.16

.22

.19

.16

0669949091,

0669949040, 0669938999,

0669938948,

0669937988,

0669947020

0367554,

0367553,

0367552,

0367551,

0367550,

0367549

.16

.15

.14

.13

.16

Total Acres

± 6.14 *

*The total area does not include the public road right-of-way which is included on the associated annexation petition. With the road right-of-way included, the total area is ±7.98 acres.

Section 2: That initial Cary Zoning of Transitional Residential (TR) is applied to this Property 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: November 20, 2008


Harold Weinbrecht, Jr. Mayor		Date