09-REZ-10 Amberly PDD Amendment


Town of Cary, North Carolina
Staff Report to the Town Council
*Amberly Planned Development District Amendment, 09-REZ-10*
*Town Council Meeting*
*December 10, 2009*

REQUEST	To amend the Town of Cary Official Zoning Map.
Location		The subject property is located in Chatham County, southeast of the intersection of O’Kelly Chapel Road and Pittard Sears Road.
Town Limits		An area of approximately 36.6 acres is proposed to be added to the existing Amberly PDD. This area is located outside Cary’s ETJ. The applicant has requested annexation into the Town of Cary, case number 09-A-07.
		The 101.6 acres that are part of the existing Amberly PDD, and where removal of a perimeter buffer is proposed, is located inside Cary’s corporate limits.
Deeded Acreage		138 +/-
Existing Zoning		Chatham County: R1 (Formerly RA-40) and Cary PDD
Proposed Zoning		PDD Amendment Annexation into the Town’s corporate limits and application of Cary Zoning to this site will also apply the Watershed Protection Overlay District for Jordan Lake to the subject property.
Proposed PDD Conditions		Uses proposed in the PDD AR-a Tract shall be limited to 155 age-restricted, single-family residential units.
Existing Land Use Plan Designation		Low Density Residential to Medium Density Residential (LDR to MDR), with a maximum of six (6) dwellings per acre. This designation was approved on October 22, 2009 by Comprehensive Land Use Plan Amendment 09-CPA-04.
Planning and Zoning Board Recommendation		Recommended for approval 7-2
Protest Petitions		There is not a valid protest. (Only a portion of the subject property is eligible for protest petitions.)
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.

SUBJECT PARCELS
Property Owner(s)		Chatham County Parcel Numbers					Chatham County Real Estate ID(s)			Deeded Acreage*
Marquis Homes & Company		0726-41-5782 portion					63642 portion			16.15
8368 Six Forks Road
Raleigh, NC 27615-5083
Marquis Homes & Company		0726-40-5536					0085634			19.51
8636 Six Forks Road
Raleigh, NC 27615-5083
Pulte Homes Corporation 1225 Crescent Green Drive Ste 250 Cary, NC 27518		0726-60-2807					19868 portion			52.84
Pulte Homes Corporation 1225 Crescent Green Drive Ste 250 Cary, NC 27518		0725-39-9209					0087789			42.5
Carolina Preserve by Del Webb at Amberly, Homeowner’s association, Inc. 1225 Crescent Green Drive Ste 250 Cary, NC 27518		0726-40-7015 portion					0087790 portion			7.05
Total Area										138.05 ±
* Based oon most current information from Chatham County

SCHEDULE
Town Council Public Hearing			Planning & Zoning Board Meeting						Town Council Action
August 27, 2009			November 16, 2009						December 10, 2009
contact Information
Applicant and Agent	Glenda Toppe, Jerry Turner and Associates
	905 Jones Franklin Road Raleigh, NC 27606
	Phone: (919) 851-7150
	Email: gtoppe@jerryturnerassoc.com
Staff Contact	Name: Debra Grannan, Senior Planner
	Phone: 919 460-4980
	Email: debra.grannan@townofcary.org

PROJECT SUMMARY
The applicant proposes adding approximately 36.6 acres of land to the existing Amberly PDD for the purpose of adding 155 age-restricted single-family residential dwelling units. The proposal also includes removing the perimeter buffer between the western edge of the existing PDD and the proposed land area being added. The applicant proposes a 50-foot opaque streetscape along Pittard Sears Road.

PROPOSED REQUIREMENTS
The applicant has submitted the following zoning requirements as part of the PDD:
1) A 50-foot streetscape shall be provided for the 36.6 acre area being added to the existing PDD along Pittard Sears Road. The first 25 feet, adjacent to the road, will serve as a buffer with disturbances only as permitted by the Land Development Ordinance and will be supplemented with plantings in areas devoid of vegetation to replicate a native forest stand. The additional 25 feet will be landscaped to compliment the existing streetscape in Amberly and to meet Town of Cary Type A (Opaque) buffer standards. ~~A 50-foot streetscape shall be provided adjacent to~~ ~~Pittard Sears Road~~;
2) Dwelling units within the PDD AR-1 Tract shall be limited to 155 age-restricted units. The housing is intended and operated for occupancy by persons 55 years of age or older; and at least 80% of the units are occupied by at least one person 55 or older.

SITE DATA
Existing Land Use	Vacant
Land Use Plan Designation	Low Density Residential (LDR) to Medium Density Residential (MDR), with a maximum of six (6) dwellings per acre.
Streams	Cary’s GIS maps do not identify any creeks or streams on the subject property.
Floodplain or Wetlands	None indicated on Cary Maps. Exact determination to be made during site plan review.
Surrounding Land Uses and Zoning	North			Single-family residential (Chatham County R1)
	South			Vacant, approved for single-family residential (Amberly PDD)
	East			Vacant, and single-family residential (Amberly PDD)
	West (West side of Pittard Sears Road)			Single-family residential and agricultural (Chatham County R1)

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
Density and Dimensional Standards						Existing Zoning Chatham County R1 (Formerly RA 40)		Proposed Zoning District (PDD Amendment)
	Max. Gross Density					1 du/acre		4.23 du/acre
	Min. Lot Size					40,000 sq. ft.		0
	Minimum Lot Width					100 feet 110 feet for two-family dwelling		Not specified
	Front Yard Setback					40 feet		18 feet with parking 8 feet without parking
	Side Yard Setback					25 feet		3-foot minimum side yard Corner side yard 8 feet
	Rear Yard Setback					25 feet		8 feet with alleys (to garage) 5 feet if 2-car garage and 18 feet if 1-car garage
	Maximum Bldg. Height					60 feet		2 stories
Open Space	The original Amberly PDD document states that approximately 276.79 acres of open space are included in the plan. The proposed amendment indicates that 279.18 acres of open space will be provided.
Landscape Buffer	The request proposes removal of the existing landscape buffer between the existing AR Tract in the Amberly PDD and the proposed additional land. As specified in Chapter 7 of the Land Development Ordinance, single-family detached dwellings in residential-zoned districts on lots less than 8,000 square feet in area and like uses are classified as a Class 3 use. Typically a 20-foot Type B buffer would be required between a proposed and developed Class 3 land use. The applicant proposes that the new area will be incorporated into the development plans for the existing AR tract in Amberly, and no buffer is proposed.
Streetscape	The existing Amberly PDD provides a 30-foot streetscape adjacent to O’Kelly Chapel Road. The applicant proposes to continue this 30-foot streetscape for a distance of approximately 50 feet across the small portion of the proposed addition to the PDD that fronts O’Kelly Chapel Road.
	Pittard Sears Road is a two-lane residential road and does not require a streetscape per the Land Development Ordinance. The applicant, however, is offering a 50-foot opaque streetscape.
Traffic	Traffic Study 09-TAR 314 was completed August 3, 2009. The study analyzed 166 age-restricted homes. The study did not identify any mitigations to meet the Adequate Public Facilities for Roads (APF) ordinance. The study did recommend that the developer build a 100-foot left-turn lane on O’Kelly Chapel Road at Pittard Sears Road. This is not a requirement of the APF, but rather a recommendation that will likely be required at site plan by the NCDOT based on safety guidelines for requiring left-turn lanes. The final version of the PDD document must state that the use is limited to no more than 166 age-restricted homes to match the traffic study. Staff is still reviewing the study and reserves the right to add additional comments at site plan after complete review of the study and coordination with the NCDOT.

SUMMARY OF PROCESS AND ACTIONS TO DATE
Feedback at the Planning and Zoning Board Public Hearing		Staff presented the request and noted the changes since the initial public hearing.
		The applicant commented on the proposed streetscape plan, the reduction in the number of dwelling units and on-going meetings with adjacent property owners.
		Two members of the Carolina Preserve Home Owner’s Association reported they were pleased with the agreements that had been reached with Pulte Homes regarding improvements to the recreation facility.
		One board member asked if the 50-foot streetscape would include the land in the existing PDD. The applicant advised that it would apply only to the new land area. Staff stated that the zoning condition would be amended to clarify this before being presented to Town Council.
		Two board members asked for a definition of age-restricted and the applicant explained that the housing is intended and operated for occupancy by persons 55 years of age or older; and at least 80% of the units are occupied by at least one person 55 or older. This definition has been incorporated in the PDD Conditons.
		There was discussion by the board regarding whether or not the density proposed was keeping with the intention of Cary’s joint land use plan with Chatham County. Staff responded that staff evaluation considered lots that were actually platted or part of development plans that had previously been approved and the finding was that the density was less than four dwelling units per acre.
		The board recommended the case for approval 7 to 2.
Changes Since Planning and Zoning Board Public Hearing		The applicant has added a 3-foot minimum side yard setback to the proposed dimensional standards.
		The zoning condition regarding the streetscape along Pittard Sears Road has been clarified to specify that it applies only to the new land area, not the existing PDD.
Feedback at the Town Council Public Hearing		Several residents of the Carolina Preserve community voiced opposition to the proposed increase in dwelling units, citing that the existing neighborhood amenity facility is overcrowded. The applicant noted that the proposal reflects a net increase of only 25 units above the original total approved for the AR tracts in Amberly. One citizen expressed concern about the potential building height. The applicant explained that a 2-story height limit would be applied.
		Council questioned the sufficiency of the notification process. Staff explained that the notification provided by Pulte Homes to residents of the Carolina Preserve Community was in response to concerns raised by the community, and was not part of the official required notification to adjacent property owners. The town’s notification process was in compliance with LDO requirements.
Changes Since the Town Council Public Hearing		A Comprehensive Plan Amendment (09-CPA-04) was approved to change the land use designation to “Low Density Residential to Medium Density Residential” (LDR to MDR), with the addition of Note 9 of Map 1 of the Northwest Area Plan, “Up to a maximum of 6 dwellings/acre”.
		The applicant has proposed a PDD condition to offer a 50-foot streetscape along Pittard Sears Road.
		The number of dwelling units requested has been reduced from 166 to 155. This resulted in a decrease in the proposed density from 4.52 to 4.23 dwelling units per acre.
		The applicant has introduced a 2-story limit to the building height on the subject property.
		Ownership of a portion of the property has changed since the initial application and portions of the property have been subdivided. These changes are reflected in the listing of the subject parcels.
Notification		On August 11, 2009, the Planning Department staff mailed notification of a public hearing on the request to property owners within 400 feet of the subject property. Notification consistent with General Statutes was published in the Cary News on August 12 and 19, 2009. The property was posted on August 12, 2009.
Neighborhood Meeting		In accordance with requirements of the LDO, the applicant held a neighborhood meeting on May 21, 2009. Based on a summary of the meeting presented by the applicant, no issues were raised at the meeting regarding the rezoning request.
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;

Applicable Comprehensive or Area Plan Requirements
Plan element	STAFF COMMENTS
Northwest Area Plan	The subject parcels are located within the boundary of the Northwest Cary Area Plan, an element of the Town’s Comprehensive Plan. The current land use designation for the subject parcels is “Low to Medium Density Residential” (LDR to MDR), and subject to Note 9 on Map 1, Future Land Use, of the Northwest Area Plan. Note 9 indicates that the area should have no more than “...a maximum of 6 dwellings/acre.” Thus, the “LDR to MDR” designation in this case indicates that housing at densities of 1-6 dwellings per acre may be appropriate. The associated housing types typically include single-family detached, semi-detached/attached, patio home, and townhomes. Multi-family housing is typically not considered appropriate within the LDR and MDR classifications.
	Analysis: Tract AR-1 is proposed for 155 dwellings on 36.6 acres, a maximum gross density of 4.23 dwellings per acre. Thus, the proposed PDD amendment conforms to the land use categories and densities recommended by the Northwest Area Plan.
Draft Chatham-Cary Joint Land Use Plan	The subject parcels are located within the boundary of the draft Chatham-Cary Joint Land Use Plan. This plan is not yet adopted, however the current draft of the plan shows a designation of 1-4 dwelling units per acre for the subject parcels.
	Analysis: The proposed PDD amendment would add 36.6 acres to the Amberly PDD’s Active Recreation (AR) Tract, as Tract AR-1. Tract AR-1 is proposed for a maximum of 155 dwellings, for a maximum gross density of 4.23 dwellings/acre within AR-1. Thus, looking at AR-1 alone, its maximum gross density slightly exceeds the four dwellings/acre limit suggested by the draft Chatham-Cary Joint Plan. However, the four dwellings/acre limit given in the draft Joint Plan was applied to the entire 335-acre AR tract within Amberly PDD, plus the 36.6-acre AR-1 tract (both of which are completely located within Chatham County). In fact, the draft plan’s limit of four dwellings/acre was selected by the joint staff team based on the actual gross density that will occur at build-out for the entire AR tract, rather than on the Northwest Area Plan’s limit of six dwellings/acre. The approved development plans for the AR tract include a total of 1,126 dwellings, for an average gross density of 3.36 dwellings/acre. The joint staff team rounded the 3.36 figure up to 4.0 in order to be consistent with the whole numbers used for the plan’s density ranges. Taking tracts AR and AR-1 together, there is a total of about 372 acres. If tract AR-1 built out at its maximum number of 155 dwellings, then in total there would be 1,281 dwellings (1,126 + 155) over the entire 372 acres, resulting in a maximum gross density of 3.45 dwellings/acre, well within the draft Joint Plan cap of four units per acre. On balance, considering the analysis for AR-1 alone, as well as the analysis for the combined AR and AR-1 area, we feel that the proposed rezoning adequately conforms to the draft Joint Plan.
Growth Management Plan	The Growth Management Plan includes the following four 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: O’Kelly Chapel Road and Pittard Sears Road are major thoroughfares that provide vehicular access to the subject parcels. Existing and planned water and sewer lines are both located adjacent to the site.
	2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
	Analysis: The subject property is located a little over one mile from the Alston Mixed Use Center, and is less than two miles from Research Triangle Park. As stated above, the subject parcels are located near available and planned infrastructure.
	3. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.
	Analysis: The Growth Management Plan and the Land Use Plan complement one another as volumes of the Town’s Comprehensive Plan. The recently approved comprehensive plan amendment, 09-CPA-04, represents a minimal increase in potential development yield for the site. However, this potential increase is counter-balanced by the fact that much of the Northwest Area is building out at densities significantly lower than those supported by the Northwest Area Plan. This is particularly true in the areas south and east of the subject parcels, where actual development densities have been roughly half that supported by the Northwest Plan.

Affordable Housing Plan	Affordable Housing Plan:
	1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
	Analysis: A variety of potential housing types may help to offer a more diverse range of housing stock on the subject parcels.
	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 between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
	Analysis: This information has been provided to the applicant for consideration.
	3. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.
	Analysis: The Town’s Land Development Ordinance, Community Appearance Manual, and Design Guidelines manual all direct the creation of a quality living environment for the citizens of Cary. Nearby public amenities include a proposed greenway and the American Tobacco Trail.
Comprehensive Transportation Plan	O’Kelly Chapel Road is designated as a Major Thoroughfare

	Existing Section				2-lane major thoroughfare, approximately 60’ R/W
	Future Section				4-lane divided with landscaped median, 100’ R/W
	Sidewalks				Sidewalk required on both sides
	Bicycle lanes				Wide outside lanes required
	Transit				No requirements
	Status of Planned Improvements				None scheduled by the Town
	Pittard Sears Road is designated as a 2-lane local road
	Existing Section				2-lane road, approximately 50’ R/W
	Future Section				2-lane road, approximately 60’ R/W
	Sidewalks				None
	Bicycle lanes				None
	Transit				No requirements
	Status of Planned Improvements				None scheduled by the Town
Parks & Greenways Master Plan	According to the current Parks, Recreation & Cultural Resources Facilities Master Plan, there are no issues associated with this site.
Open Space and Historic Resources Plan	The Open Space and Historic Resources Plan shows a portion of the parcel closest to the intersection of O’Kelly Chapel Road and Pittard Sears Road as having a mixed upland hardwood plant community.
Staff Observation
As described in the Comprehensive Plan and Consistency with the Land Development Ordinance sections of this report, 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.
The proposed amendment, as currently presented, responds to concerns raised by the Chatham County Board of Commissioners regarding their recommendation that an opaque buffer be provided along Pittard Sears Road. This type of streetscape exceeds LDO standards for this type of road and serves to provide a more effective transition between the low density uses to the west of Pittard Sears Road and the proposed low to medium density development of the Amberly PDD.
Recently the Inspections and Permits Department has advised staff that a 3-foot minimum setback from property lines is necessary to comply with North Carolina State Building Code requirements for building separation. Staff has asked the applicant to modify the setbacks to reflect this rather than a 6-foot aggregate with a zero minimum.

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: The tract is of ample size to accommodate the requested residential development. If approved, the property will be come a part of the development to the east that is currently within Amberly.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: The property is compatible with the comprehensive plan that is designated for low to medium density.

3. What are the benefits and detriments to the owner, neighbors and the community?
Response: There is a need for additional age-restricted housing in the Cary area. The location of the property makes it ideal for age-restrictive housing. The proposed developments will have no impact on schools.

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: Age-restricted housing is located to the east and south of this proposed PDD Amendment.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.
Response: The reductions are listed in the PDD document under section 1.7 Specific Development Standards. A 50-foot streetscape is proposed adjacent to Pittard Sears Road and a 30-foot streetscape is proposed adjacent to O’Kelly Chapel Road.

ORDINANCE FOR CONSIDERATION
09-REZ-10 Amberly PDD Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 138.05 ACRES LOCATED AT THE INTERSECTION OF O’KELLY CHAPEL ROAD AND PITTARD SEARS ROAD OWNED BY MARQUIS HOMES AND COMPANY, PULTE HOMES CORPORATION AND CAROLINA PRESERVE BY DEL WEBB AT AMBERLY, BY AMENDING THE PDD TO ADD APPROXIMATELY 36.6 ACRES, TO REMOVE A PERIMETER LANDSCAPE BUFFER BETWEEN THE EXISITNG PDD AND THE PROPOSED LAND AREA BEING ADDED, AND TO ADD A 50-FOOT STRETSCAPE ALONG PITTARD SEARS ROAD. ANNEXATION INTO THE TOWN’S CORPORATE LIMITS AND APPLICATION OF CARY ZONING TO THIS SITE WILL ALSO APPLY THE WATERSHED PROTECTION OVERLAY DISTRICT FOR JORDAN LAKE.
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)		Chatham County Parcel Number(s) 10 digit)		Chatham County Real Estate ID(s)	Area ±
					(Acres)
Marquis Home & Company 8368 Six Forks Road Raleigh, NC 27615-5083		0726-41-5782 (portion)		0063642 portion	16.15
Marquis Homes & Company 8368 Six Forks Road Raleigh, NC 27615-5083		0726-40-5536		0085634	19.51
Pulte Homes Corporation 1225 Crescent Green Drive Ste 250 Cary, NC 27518		0726-60-2807		0019868	52.84
Pulte Homes Corporation 1225 Crescent Green Drive Ste 250 Cary, NC 27518		0726-39-9209		0087789	42.5
Carolina Preserve by Del Webb at Amberly Homeowner Association, Inc. 1225 Crescent Green Drive Ste 250 Cary, NC 27518		0726-40-7015 portion		0087790 portion	7.05
Total Acres					138.05

Section 2: That this Property is rezoned by amending the previously approved Amberly PDD to add approximately 36.6 acres to the existing PDD for use limited to 155 age-restricted homes and is subject to the individualized development conditions set forth within the staff report and the amended PDD document, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines. Annexation into the Town’s corporate limits and application of Cary Zoning will also apply the Watershed Protection Overlay District for Jordan Lake to the subject property.

Section 3: The PDD conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:
a) Uses in the AR-1 Tract shall be limited to 155 age-restricted, single-family residential units. The housing is intended and operated for occupancy by persons 55 years of age or older; and at least 80% of the units are occupied by at least one person 55 or older.
b) A 50-foot streetscape shall be provided for the 36.6 acre area being added to the existing PDD along Pittard Sears Road. The first 25 feet, adjacent to the road, will serve as a buffer with disturbances only as permitted by the Land Development Ordinance and will be supplemented with plantings in areas devoid of vegetation to replicate a native forest stand. The additional 25 feet will be landscaped to compliment the existing streetscape in Amberly and to meet Town of Cary Type A (Opaque) buffer standards.
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: December 10, 2009


	Harold Weinbrecht, Jr.		Date
	Mayor