08-REZ-15 Johnson Family, LLC

Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

08-REZ-15 Johnson Family, LLC

April 15, 2009

REQUEST

To Amend the Town of Cary Official Zoning Map

Location

North side of Green Hope School Rd about 1000 feet west of NC Hwy 55

Town Limits

ETJ

yes

Address

6816 Green Hope School Road

Deeded Acreage

10.00 acres

Existing Zoning District

Office, Research and Development (ORD)

Zoning Overlay District

Jordan Lake Watershed Overlay District

Proposed Zoning District(s)

R-40

Valid Protest Petition

None

NOTE: The purpose of the rezoning is to determine whether on not the land uses and densities allowed in the proposed zoning district are appropriate for the site. Technical design standards of the Land Development Ordinance are addressed during review of the site or subdivision plan and can be found at http://www.amlegal.com/library/nc/cary.shtml.

Public commentary is available for this request by clicking here. Results from Public Commentary available by clicking link at the bottom of this report.

SUBJECT PARCEL

Property Owner(s)

County Parcel Number(s) (10-digit)

Real Estate ID(s)

Deeded Acreage

R & E Johnson Family, LLC

0734678756

0036430

10.00

SCHEDULE

Date

Action

Public Hearing

February 12, 2009

Referred to P&Z Board

Planning & Zoning Board Meeting

March 16, 2009

Recommended approval 9-0

Town Council Action

April 15,2009

contact Information

Applicant

R and E Johnson Family, LLC

Agent

Raymond Johnson

3510 NC Hwy 55

Cary, NC 27519

Staff Contact

Mary W. Beerman, AICP, Senior Planner

(919) 469-4342

mary.beerman@townofcary.org

PROJECT SUMMARY

The applicant proposes to rezone a 10-acre parcel from ORD (Office, Research and Development) to R-40 (Residential 40) to allow construction of a single-family home that would replace an existing mobile home.

PROPOSED ZONING CONDITIONS

None

SITE DATA

Existing Land Use

Mobile Home and Shed

Land Use Plan Designation

Low Density Residential, within a Neighborhood Activity Center

Urban Transition Buffer

Yes (indicated on Town GIS Maps)

Floodplain

Wetlands

None identified at this time

Surrounding Land Uses

North and East – Vacant property zoned ORD that is owned by the applicant

West– A site plan is in review for Highcroft Village Phase II. The proposed density is 3.3 du/acre and minimum lot size is 5500 sf. A 30-foot Type B landscape buffer is provided along the eastern boundary of Highcroft Village Phase II adjacent to the subject property.

South – Existing single-family residential use (Highcroft Village)

COMPARISON OF EXISTING AND PROPOSED ZONING DISTRICTS

Existing Zoning District

(ORD)

Proposed Zoning District

(R-40)

Maximum Gross Density

Not Applicable

1.08 du/acre

Minimum Lot Size

None Specified

40,000 sf (well/septic)

Minimum Lot Width

None Specified

175 feet

Front Yard Setback

30 feet from right-of-way

50 feet from right-of-way

Side Yard Setback

No setback is specified.

However, landscape buffers may be required depending on the specific use proposed and the adjacent use

20 feet

Rear Yard Setback

No setback is specified. However, landscape buffers may be required depending on the specific use proposed and the adjacent use.

30 feet

Maximum Bldg. Height

35 feet for structure within 100 feet of residential district, 50 feet for structure greater than 100 feet of residential district

35 feet

Landscape Buffer

If the property is subdivided or developed for any use other than construction of one single-family dwelling, then a perimeter buffer will be required. The width of the buffer could range from 20 feet to 80 feet, depending on the adjacent use.

Streetscape

If the property is subdivided or developed for any use other than construction of one single-family dwelling, then a 30-foot streetscape will be required along Green Hope School Road.

Traffic

From a traffic perspective, the proposed zoning would generate fewer trips than the existing zoning, so no traffic study is required.

Applicable Comprehensive or Area Plan Requirements

Plan element

STAFF COMMENTS

Southwest Area Plan

The current land use plan designation for the subject parcel is Low Density Residential (LDR) which is typically defined as single-family detached housing at one to three units per acre. The Low Density Residential (LDR) land use designation is the result of a recent Comprehensive Plan Amendment case, 08-CPA-06. This rezoning request is in compliance with the Southwest Area Plan.

Growth Management Plan

The Growth Management Plan includes the following Guiding Principle relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

Affordable Housing Plan

Based on the nature of this case, the Affordable Housing Plan goals are not applicable.

Comprehensive Transportation Plan

The site has frontage on Green Hope School Road, which is identified as a thoroughfare in the Town’s Transportation Plan

Existing Section

2-lane road

Future Section

2-lane road with paved median

Sidewalks

Sidewalks required on both sides.

Road Improvements

None scheduled by the Town of Cary

Bicycle Requirements

14-foot outside lanes

Transit

TBD

Parks & Greenways Master Plan

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.

Open Space and Historic Resources Plan

According to the Open Space and Historical Resources Plan (OSHRP) there were no significant natural resources identified on this site; the site was not proposed for open space conservation.

ISSUES AND CONCERNS

At the Planning Board meeting on March 16, 2009, one member expressed concern with the concept of down zoning property surrounded by zoning districts that allow more intensive use. No other issues or concerns were raised during the review process.

SUMMARY OF PROCESS AND ACTIONS TO DATE

Notification

On January 28, 2009 notification of a public hearing on the request was mailed to property owners within 400 feet of the subject property. In addition, notification consistent with General Statutes was published in the Cary News on January 28 and February 4, 2009.

Town Council Public Hearing

The public hearing was held on February 12, 2009. There were no comments offered by citizens or members of the Town Council.

P&Z Recommendation

The Planning and Zoning Board considered the request at it’s meeting on March 16, 2009 and recommended approval by a vote of 9-0.

Criteria for Consideration in Reviewing Rezonings

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered 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;

APPLICANT’S JUSTIFICATION STATEMENT

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 do not necessarily represent the views or opinions of the Town of Cary. Any statements as to the type, the quality, or the 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?

Response: None

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

Response: An amendment to the comprehensive plan was approved on December 11, 2008. The land is presently used as residential and adjacent properties are residential. Impacts to neighbors and traffic would be minimal.

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

Response: There is presently an occupied mobile home on this property which will be removed and replaced with a single-family dwelling.

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?

Response: Surrounding properties are used as residential.

On-Line Public Feedback

In keeping with Town Council policy regarding citizen involvement in the planning & development process, we have created a new opportunity for interested citizens to provide comments on this case. In addition to speaking at community meetings and public hearings, you can also use the associated "Public Comment" page to share your opinions and concerns. Your feedback will be made available to other residents, the Town Council, the Planning & Zoning Board, and the applicant as this item is evaluated and considered over the next few months.

Click here to view comments received so far.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 10.00 ACRES, LOCATED AT 6816 GREEN HOPE SCHOOL ROAD OWNED BY R and E JOHNSON FAMILY, LLC, BY REZONING FROM OFFICE, RESEARCH AND DEVELOPMENT (ORD) TO RESIDENTIAL 40 (R-40).

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

County Parcel Number (10 digit)

Real Estate ID(s)

Area ±

R and E Johnson Family, LLC

0734678756

0036430

10.00 acres

Section 2: That this Property is rezoned from ORD to R-40 subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines

Section 3: This ordinance shall be effective on the date of adoption.

Adopted and effective: April 15, 2009

Harold Weinbrecht, Jr.

Date