Town of Cary, North Carolina

Staff Report to the Town Council

09-REZ-08 Rezoning: The Park at West Lake - Newberry Grove Drive Area

Town Council Meeting

July 23, 2009

REQUEST

To Amend the Town of Cary Official Zoning Map to Apply Initial Zoning

Associated Annexation Petition – 09-A-03

Location

Newberry Grove Drive, and south side of Optimist Farm Road east of Newberry Grove Drive

Town Limits

No

ETJ

No

Deeded Acreage

±5.02 acres

Existing Zoning District

Residential-30 (Wake County)

Proposed Zoning District

Residential-12 (R-12) and Resource/Recreation (RR)

Valid Protest Petition

Not applicable - 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.

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.

BACKGROUND

The owner of the subject property has submitted an annexation petition (09-A-03) for approximately 5.02 acres in The Park at West Lake cluster subdivision, located in the southeasternmost portion of Cary’s planning area, in the vicinity of Optimist Farm Road and West Lake Road. The subject property consists of eight single-family lots with frontage on Newberry Grove Drive, and one lot with frontage on the south side of Optimist Farm Road east of Newberry Grove Drive that is designated for permanent open space. Rezoning to establish an appropriate Town of Cary zoning district is required prior to the effective date of the annexation. The zoning districts proposed by staff are R-12 (for the lots on Newberry Grove Drive) and RR (for the open space lot east of Newberry Grove Drive). These are the districts that most closely correspond to the existing and proposed uses for the subject parcels.

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. Protest petitions are not applicable to a map amendment (rezoning) which initially zones property that is being added to the Town’s jurisdiction by annexation. This parent parcel was approved by Wake County as The Park at Westlake subdivision, a cluster subdivision within Residential 30 zoning. 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.

SUBJECT PARCELS

Property Owner(s)

County Parcel Number(s) (10-digit)

Real Estate ID(s)

Deeded Acreage

Tom Davis Homes, Inc.

0679356746

0371862

.55

1900 Olde Mill Forest Drive

0679356615

0371861

.38

Raleigh, NC 27606

0679355585

0371860

.40

0679354822

0371863

.47

0679354701

0371864

.39

0679353672

0371865

.39

0679353552

0371866

.38

0679357437

0371867

1.64

John and Jill Lake

8517 Newberry Grove Drive

0679355465

0371859

.42

Apex, NC 27539

Total Area

5.02

SCHEDULE

Public Hearing

Planning & Zoning Meeting

Town Council Action

May 28, 2009

June 15, 2009

July 23, 2009

contact Information

Applicant and Agent

Town of Cary

Staff Contact

Mary Beerman, Senior Planner

(919) 469-4342

mary.beerman@townofcary.org

SUMMARY OF PROCESS AND ACTIONS TO DATE

Notification

On May 13, 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 May 13, and May 20, 2009.

Town Council Public Hearing

The public hearing was held on May 28, 2009. There were no comments or concerns expressed by the public or members of the Town Council.

Changes Since Public Hearing

None

Planning and Zoning Board Meeting

The Planning and Zoning Board considered the request at its June 15, 2009 meeting and recommended approval by a vote of 6-0.

ISSUES AND CONCERNS

No staff or citizen issues or concerns have been identified.

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE

Design Standards and Permits

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.

Traffic

The existing subdivision has eight single-family lots and one open space lot. This would generate 6 am and 9 pm peak hour trips using the 8th edition of the ITE Trip Generation manual. The potential yield on the entire property, if redeveloped, would be 13 am and 19 pm trips. The Adequate Public Facilities Ordinance requires a traffic study if 50 or more peak-hour trips are generated. Therefore, no traffic study is required.

Criteria for Consideration in Reviewing Rezonings

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

Applicable Comprehensive or Area Plan Requirements

Plan element

STAFF COMMENTS

Land Use Plan

The land use plan designation for the subject parcels is Very Low Density Residential (VLDR) with an alternate land use of Low Density Residential Cluster (LDR Cluster). Very Low Density Residential (VLDR) refers to densities of less than one dwelling per acre, with uses typically restricted to single-family detached units. Low Density Residential Cluster (LDR Cluster) refers to residential development in a clustered manner that preserves rural and forest land. The total number of dwellings that could have been built, had the entire site been used for residential development, are still permitted, and the overall development density remains the same.

This property was developed under Wake County regulations using the cluster option.

Growth Management Plan

The Growth Management Plan includes the following two 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: Adequate infrastructure and services appear to be available with this development.

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

Analysis: Development under a cluster option may protect sensitive natural resources and protect open space.

Affordable Housing Plan

The Affordable Housing Plan is not applicable to this case.

Comprehensive Transportation Plan

The subject property is served by Newberry Grove Drive as approved by Wake County for The Park at West Lake – Carriage Gate Phase IV, and Optimist Farm Road, which is classified as a major thoroughfare.

Parks & Greenways Master Plan

According to the Parks, Recreation & Cultural Resources Facilities Master Plan, a public greenway is proposed through the open space area associated with this rezoning.

Open Space and Historic Resources Plan

According to the Open Space and Historic Resources Plan, the easternmost edge of the open space is covered by riparian buffer and mixed hardwood forest.

ORDINANCE FOR CONSIDERATION

09-REZ-08 Park at West Lake - Newberry Grove Drive Area

AN ORDINANCE TO ESTABLISH ZONING FOR APPROXIMATELY 5.02 ACRES LOCATED ON NEWBERRY GROVE DRIVE, AND ON THE SOUTH SIDE OF OPTIMIST FARM ROAD EAST OF NEWBERRY GROVE DRIVE OWNED BY TOM DAVIS HOMES, INC. AND JOHN LAKE, JR. AND JILL LAKE BY APPLYING RESIDENTIAL 12 (R-12) AND RESOURCE/RECREATION (RR) ZONING TO PROPERTY CURRENTLY ZONED RESIDENTIAL 30 (WAKE COUNTY)

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

Section 1: The Official Zoning Map is hereby amended to establish 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)

Zoning District

Area ±(Acres)

Tom Davis Homes, Inc

0679356746

0371862

R-12

.55

0679356615

0371861

R-12

.38

0679355585

0371860

R-12

.40

0679354822

0371863

R-12

.47

0679354701

0371864

R-12

.39

0679353672

0371865

R-12

.39

0679353552

0371866

R-12

.38

0679357437

0371867

R/R

1.64

John, Jr. and Jill Lake

0679355465

0371859

R-12

.42

Total Acres

±5.02

Section 2: That initial Cary zoning of Residential 12 (R-12) and Resource/Recreation (RR) is applied to this Property subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 4: This ordinance shall be effective on the date of adoption.

Adopted and effective: July 23, 2009

Harold Weinbrecht, Jr.

Date

Mayor