Town of Cary , North Carolina
Rezoning Staff Report to the Town Council
09-REZ-02 The Park at Langston
Town Council Meeting
May 27, 2010

To amend the Town of Cary official zoning map

Property Owner	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
The Park At Langston, Inc. 1401 Sunday Drive, Ste.116 Raleigh, NC 27607	0679488538 0679485780 0679498326 0679497051 0679495069	0071350 0071351 0017768 0082062 0040510	5.75 0.97 7.05 0.51 5.53
Total Area			19.81 acres

The applicant has requested the rezoning of 19.21 acres from R-12 Conditional Use (R-12-CU) to R-8 Conditional Use (R8-CU). Development of the subject property will result in a new street connection between Bells Lake Road and Optimist Farm Road, through the subject property and adjacent subdivisions to the south and east. The existing zoning district (R-12-CU) includes zoning conditions that would allow development of up to 42 single-family dwellings. The proposed zoning district (R-8-CU) includes conditions that would allow development of up to 59 single-family dwellings, and require construction of a public greenway in the adjacent open space.

A valid protest petition was filed by an adjoining property owner. The attached letter from the applicant (dated May 3, 2010) summarizes efforts to date to resolve issues related to the protest petition.

NOTE: The purpose of the rezoning is to determine whether or 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.

Applicant & Agent	Charles R. Smith, ASLA Withers & Ravenel, Inc. 111 MacKenan Drive Cary, NC 27511 (919) 859-0044
General Location	Extension of Truelove Drive and Forester Lane
Schedule	Public Hearing March 12, 2009	Planning & Zoning Board May 18, 2009	Town Council Decision May 27, 2010
Land Use Plan Designation	Low Density Residential: 1 to 3 du/acre, single-family dwellings
Existing Zoning District	Residential 12 Conditional Use (R-12-CU)
Existing Zoning Conditions	The overall gross density shall not exceed 2.15 du/acre.
Proposed Zoning Districts	Residential 8 Conditional Use (R-8-CU)
Proposed Zoning Conditions	1. The overall gross density shall not exceed 3 du/acre. 2. The average lot size shall be no less than 9,200 square feet. 3. A public walking trail shall be constructed to Town of Cary standards in the dedicated greenway prior to issuance of certificates of occupancy for 75% of the residential lots. There shall be two ingress/egress points along this trail from the Park at Langston Phase II Subdivision.
Town Limits	Yes
Valid Protest Petition	Yes
Staff Contact	Mary W. Beerman, AICP (919) 469-4342 mary.beerman@townofcary.org

Existing Land Use: The site is currently vacant with a mix of pines and hardwoods. Approximately 330 feet of a 12-inch water line and 540 feet of an 8-inch sewer line have been extended into the site, corresponding with the layout from an earlier subdivision plan approval (07-SB-005)

Access: The proposed street system will provide connectivity between Bells Lake Road and Optimist Farm Road through the site and adjacent subdivisions.

Access from Optimist Farm Road to the south will be provided by the extension of Forester Drive, which currently provides access for 49 single-family lots ranging in size from .29 to .51 acres with an average lot size of 15,600 square feet.

Access from Bells Lake Road to the east will be provided by the extension of Truelove Drive, which currently provides access for 13 lots ranging in size from .56 to 4.0 acres.

Stream Buffer: The Town of Cary GIS maps depict a 100-foot Urban Transition Buffer for the stream along the northwestern boundary of the site.

Floodplain: None shown on Town of Cary GIS

Wetlands: Wetlands have been identified in the vicinity of the stream buffer along the western boundary of the site.

Surrounding Land Uses:
North: Oxford Green Subdivision (R-30 in Wake County): Single-Family Residential along Oxford Green Drive
South: Belmont Cluster Subdivision (R-12 in Town of Cary): Single-Family Residential along Forester Lane
East: Single-family homes along Truelove Drive and Newcomb Street (R-30 in Wake County)
West: Single-family residential - Park at Langston Phase I (R-12 in Town of Cary)

Land Use
Since a zoning condition is proposed to be placed on the property limiting the density to 3.0 dwelling units per acre, and since R-8-CU is still limited to single-family detached dwellings, the proposed rezoning is consistent with the Land Use Plan designation of Low Density

Density and Dimensional Standards

	Existing Zoning District (R-12-CU)	Comparision Between Proposed CU Zoning District and General Use District Requirements
		R-8 District Per LDO	Proposed R-8-CU District
Max. Gross Density	2.15 du/acre	5.44 du/ac	3.0 du/ac
Max. Dwelling Units	42	107	59
Min. Lot Size	12,000 sf	8,000 sf	8,000 sf (minimum) 9,200 sf (average)
Min. Lot Width	80 feet	60 feet	60 feet
	(90 feet on corner)	(70 feet on corner)	(70 feet on corner)
Front Yard Setback	20 feet	20 feet	20 feet
Side Yard Setback	10 feet	10 feet	10 feet
Rear Yard Setback	25 feet	20 feet	20 feet
Max. Bldg. Height	35 feet	35 feet	35 feet

Landscape Buffer
A 20-foot Type B semi-opaque landscape buffer is required along the north, east and south boundary of the site adjacent to residential property. A buffer is not required along the west boundary provided that the abutting open space meets the width and performance standards for a Type B buffer. Supplemental plantings will be required if the existing vegetation does not meet width and performance standards.

Streetscape
Truelove Drive and Forester Drive are local streets. No streetscape is required.

Traffic
The proposed rezoning condition to limit the density to three units per acre would yield a maximum of 60 units. A traffic study would not be required for the rezoning since evaluation is based on the difference in trips between the base zoning and the proposed zoning (43 PM trips to 60 PM peak hour trips). In this case, the difference of 17 trips would not require a traffic study at rezoning. However, a traffic study would be required at site plan since the total proposed trips of 60 PM peak hour trips is greater than the threshold of 50 peak hour trips.

Neighborhood Meeting
Based on materials supplied by the applicant, the required neighborhood meeting was held on January 22, 2009 and was attended by about ten citizens. Most of the concerns pertained to traffic, street connections, buffers and I-540.

Notification
On February 23, 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 February 25 and March 4, 2009.

Filing of Protest Petition
Protest petitions were filed by the owners of four parcels located on Truelove Drive, to the east of the site. One of the four petitions was valid, so approval of the request will require a 4/5 majority vote of the Town Council. Objections and concerns cited in the protest petitions pertained to the increase in traffic and density, and concern that connection of Truelove Drive and Forester Lane would disrupt the existing neighborhood.

Town Council Public Hearing
The public hearing was held on March 12, 2009. No citizens spoke at the public hearing. Staff noted that some of the neighboring homeowners had called to express concern with cut-through traffic that would result if the roads were connected. The callers were informed that interconnectivity is required per the Land Development Ordinance. Council Member Frantz asked if the applicant is willing to install appropriate traffic calming measures to address the concerns. The applicant responded that this would be considered when the site plan is submitted.

Planning and Zoning Board Meeting
The rezoning request was presented to the Planning and Zoning Board on May 18, 2009. Concerns were expressed regarding the ultimate connection of Forester Lane and Truelove Drive. It was suggested by the Board that the connection be delayed as long as possible to give time for residents to adjust to new traffic patterns. Board members also expressed concern with the difference between the proposed lot size and density compared to that of the surrounding neighborhoods.

The Planning and Zoning Board recommended approval by a vote of 5-3.

Changes Since Planning and Zoning Board Meeting
The attached letter from the applicant (dated May 3, 2010) summarizes efforts to date to resolve issues related to the protest petition. The applicant has proposed to add an additional zoning condition for construction of a public walking trail in the dedicated greenway, with two ingress/egress points from the subject property

Comprehensive Plan Element	Consistent	Not Consistent	Not Applicable
Land Use Plan	P
Parks, Recreation, and Cultural Resources Facility Master Plan	P
Growth Management Plan	P
Affordable Housing Plan			P
Comprehensive Transportation Plan	P
Open Space and Historic Resources Plan	P

A. Land Use Plan
For the subject parcels, the governing land-use element of the Comprehensive Plan is the town-wide Land Use Plan. The recommended future land use for the site is “Low Density Residential” (LDR), which typically refers to single family housing at gross densities of between 1 and 3 dwellings per acre. The proposed rezoning is consistent with this designation.

B. Growth Management Plan

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

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

Analysis: Approximately 330 feet of an 8-inch water line and 540 feet of an 8-inch sewer line have been extended into the site, corresponding with the layout from an earlier subdivision plan approval (07-SB-005). Connectivity to both Optimist Farm and Bells Lake Roads will be provided through the extension of Truelove Drive within the proposed subdivision.

2. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

Analysis: A 100-foot Urban Transition Buffer will be protected along the western edge of the proposed subdivision

C. Affordable Housing Plan

The following goals from the Town of Cary Affordable Housing Plan may be applicable to this case:

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

Goal #3. 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 between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

Other In the past, the Wake County Public School System has encouraged the provision of affordable housing on sites in close proximity to public schools. The subject parcel is within about a mile of four schools: Swift Creek E.S., Middle Creek E.S., West Lake MS., and Middle Creek H.S.

Analysis: The proposed rezoning does not include any conditions that propose that a certain percentage of the lots or units should be targeted for affordable home ownership (as defined by the plan), or for housing for seniors or persons with special challenges or disabilities.

D. Comprehensive Transportation Plan
Truelove Drive is designated as a Local Street
Existing Section: 2-lane local with earth shoulders, approximately 50-foot ROW
Future Section: 2-lane local with curb & gutter, approximately 500-foot ROW
Sidewalks: Sidewalk required on one side
Bicycle Lanes: None required on local streets
Transit: None
Status of Planned Improvements: None scheduled by the Town

Forester Lane is designated as a Local Street
Existing Section: 2-lane local with earth shoulders, approximately 50-foot ROW
Future Section: 2-lane local with curb & gutter, approximately 50-foot ROW
Sidewalks: Sidewalk required on one side
Bicycle Lanes: None required on local streets
Transit: None
Status of Planned Improvements: None scheduled by the Town

E. Parks & Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan, a public greenway is proposed along the full length of the western property boundary. A recreation payment-in-lieu will be required in accordance with the Land Development Ordinance. The applicant has agreed to construct the 10’ wide asphalt trail according to Town standards, and will receive credit for construction towards the required payment-in-lieu. Private, pedestrian trail connections between the public trail and the adjacent development will be constructed; locations will be determined at site plan review.

F. Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan, there is a mixed hardwood and conifer forest on the site. The site was not proposed as priority conservation area.

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.

Schools This data is being provided for informational purposes. The Wake County Board of Education controls capital projects for school capacities.	Assigned Schools	20th Day Enrollment1	Permanent Seating Capacity	Average Percent Occupied	Projected Number of Additional Students2
	West Lake Elementary	977	959	1.02	4-5
	West Lake Middle	1,420	1404	1.01	0-1
	Middle Creek High	1,697	1846	.92	0-1
Total Projected range of additional students2
1 Current Enrollment and Building Capacity is based on the 20th day of the school year for 2008-2009 as supplied by the Wake County Public School System. School assignment will be determined at the time of development.
2 The Projected Number of Additional Students is a rough approximation. The actual number of students will depend on different variables, such as the number of bedrooms, dwelling size, and other factors. The basis for making this calculation is based on multipliers provided by Wake County Schools Office of Student Assignment. At rezoning, student yield can not be accurately determined due to unknown variables.

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: There are no issues with the size of the tract. The tract size is adequate to accommodate residential dwelling units. Included in the tract size is a planned greenway trail on the western portion of the property.

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

Response: The request is compatible with the comprehensive plan. The Land Use Plan designates these parcels as Low Density Residential/Traditional Neighborhood Development (LDR/TND). LDR is defined as 1-3 dwelling units per acre. In order to ensure that this request complies with the land use plan, one of the proposed rezoning conditions limits the gross density to no more than 3 dwelling units per acre. The proposed rezoning complies with the Comprehensive Transportation Plan. According to the recently updated CTP map, there are no proposed collectors or thoroughfares that impact this site. The two existing thoroughfares closest to this site are Optimist Farm Road and Bells Lake Road. Directly abutting the parcels included in this request are Forester Lane and Truelove Drive. These roads gain access from Optimist Farm Road and Bells Lake road respectively. A condition is also included in this rezoning request that provides a greenway trail to the west side of the property that will contain two ingress/egress points from the proposed development. Also, the Town has a sewer treatment plant south of the site on West Lake Road in anticipation of development similar to this request in this area. An elementary school, two middle schools and a high school already exist near this site.

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

Response: There are not any foreseen detriments to the adjacent neighbors and community. Since the proposal will develop in a similar manner to the existing Park at Langston, the tie in to existing Town of Cary water and sewer is more “environmentally friendly” than allowing the property to develop with wells and septic tanks. Also, as part of this rezoning request, another condition that has been proposed is for the lots to have an average lot size of 9,200 sq. ft., which is larger than a typical Residential-8 zoning district permits. This condition was added to provide the adjacent Wake County residents with a compatible residential use and lot size that was consistent with the Town of Cary Land Use Plan. One benefit with this development is the planned greenway trail at this location. The future homewowners, neighbors and community will have access to the greenway trail.

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: Residential uses currently exist in this area. The area proposed for rezoning is in close proximity to a proposed Interstate 540 interchange to the northeast. The proposed density and lot size are an appropriate request due to the proximity of I-540. Developments in the Optimist Farm Road/West Lake Road vicinity have similar zoning designations (i.e. Park at Westlake, Henderson Road Rezoning or West Lake PDD), which are compatible to the proposed zoning designation in this request. The planned greenway trail at this location will provide some open space accessible by the community. This greenway trail will allow for connections to or extensions of any current or future trails by any of the adjacent tracts of lands.

ORDINANCE FOR CONSIDERATION

09-REZ-02 The Park at Langston

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 19.81 ACRES LOCATED AT The End of Truelove Drive and north of Forester Lane OWNED BY THE PARK AT LANGSTON, INC. BY REZONING FROM RESIDENTIAL 12 CONDITIONAL USE (R-12-CU) TO RESIDENTIAL 8 CONDITIONAL USE (R-8-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:

PARCEL & OWNER INFORMATION

Property Owner(s)	County Parcel Number (10 digit)	Real Estate ID	Area ± (Acres)
The Park At Langston, Inc. 1401 Sunday Drive, Ste.116 Raleigh, NC 27607	0679488538 0679485780 0679498326 0679497051 0679495069	0071350 0071351 0017768 0082062 0040510	5.75 0.97 7.05 0.51 5.53
Total Acres			19.81 acres

Section 2: That this Property is rezoned from R-12-CU to R-8-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, policies 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. The overall gross density shall not exceed 3 du/acre.

2. The average lot size shall be no less than 9,200 square feet.

3. A public walking trail shall be constructed to Town of Cary standards in the dedicated greenway prior to issuance of certificates of occupancy for 75% of the residential lots. There shall be two ingress/egress points along this trail from the Park at Langston Phase II Subdivision.

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 May 27, 2010

________________________________________
Harold Weinbrecht, Jr.
Mayor

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Date