09-REZ-14 O'Kelly Chapel Road
Town of Cary, North Carolina
Initial Zoning Staff Report to the Town Council
09-REZ-14 O’Kelly Chapel Road
April 15, 2010
REQUEST
To amend the Town of Cary official zoning map by applying initial zoning to a property recently annexed into the Town’s corporate limits.
Location: The subject property is located southwest of the intersection of O’Kelly Chapel Road and Pittard Sears Road.
Town Limits: The subject property was annexed into the Town of Cary on December 10, 2009
Deeded Acreage: 1.56 ±
Existing Zoning: Chatham County: R1 (Formerly RA-40)
Proposed Zoning: Residential 40 (R-40) and Watershed Protection Overlay District for Jordan Lake
Existing Land Use Designation: Very Low Density Residential (VLDR)
Proposed Land Use Designation: No change
Protest Petitions: 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.
SUBJECT PARCELS
|
Property Owner(s) |
Chatham County Parcel Numbers |
Real Estate ID(s) |
Deeded Acreage |
|
Marquis Homes & Company |
0726-41-5782 portion |
63642 portion |
1.56 ± |
|
Total Area |
1.56 ± | ||
TENTATIVE SCHEDULE
Town Council Public Hearing: January 28, 2010
Planning & Zoning Board Meeting: March 15, 2010
Town Council Action: April 15, 2010
CONTACT INFORMATION
Staff Contact: Debra Grannan, Senior Planner
(919) 460-4980 debra.grannan@townofcary.org
PROJECT SUMMARY
The subject property was annexed into the Town of Cary corporate limits on December 10, 2009. This request is to apply a base zoning district that most closely matches the existing zoning.
SITE DATA
Existing Land Use: Vacant
Land Use Plan Designation: Very Low Density Residential (VLDR)
Streams: Cary’s GIS maps do not identify any creeks or streams on the subject property.
Floodplain or Wetlands: None indicated on Cary maps.
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 - Single-family residential and agricultural (Chatham County R1)
CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
|
Density and Dimensional Standards |
|
Existing Zoning |
Proposed Zoning District R-40 |
|
Max. Gross Density |
1 du/acre |
1.08 du/acre | |
|
Min. Lot Size |
40,000 sq. ft. |
40,000 sq. ft. | |
|
Minimum lot Width |
100 feet 110 feet for two-family dwelling |
With septic tank/well: 150 feet (160 for corner lot) | |
|
With public sewer: 125 feet (135 for corner lot) | |||
|
Front Yard Setback |
40 feet |
From thoroughfare: 50 feet | |
|
Side Yard Setback |
25 feet |
With septic tank/well: 20 feet | |
|
Rear Yard Setback |
25 feet |
30 feet | |
|
Maximum Bldg. Height |
60 feet |
35 feet | |
|
Streetscape |
Because it is classified as a two-lane residential collector road, no streetscape is required along Pittard Sears Road. | ||
|
Traffic |
The proposed zoning of R-40 on this 1.56-acre parcel would generate 2 am and 2 pm peak hour trips using ITE – Single-family trip generation. This would not exceed the traffic study threshold of 50 additional trips and therefore, a traffic study is not required. | ||
SUMMARY OF PROCESS AND ACTIONS TO DATE
Town Council Public Hearing January 28, 2010
Staff presented the request and reported there had been no protest petitions or comments submitted on the on-line citizen comment form. Staff noted that this is a Town-initiated proposal to apply initial Cary zoning designation to property within the existing Town limits. No one spoke at the public hearing. One Town Council member noted that the Chatham County Commissioners had not voiced any concerns regarding the proposed zoning. The Town Council forwarded the case to the Planning and Zoning Board.
Notification
On January 11, 2010, 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 January 13 and 20, 2010. The property was posted on January 12, 2010.
Planning and Zoning Board Meeting
There was no discussion on the issue at the March 15, 2010 Planning and Zoning Board Meeting. The Planning and Zoning Board voted unanimously, 8-0 to forward a recommendation for approval to the Town Council.
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 be 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
Northwest Area Plan
The subject parcel is located within the boundary of the Northwest Area Plan, found in the Land Use Plan volume of the Town’s Comprehensive Plan. The land use designation for the subject parcel is Very Low Density Residential (VLDR.) Very Low Density Residential (VLDR) is defined as single-family detached, 2- to 3-acre minimum lot size, or up to one unit per acre when using Conservation Subdivision Design.
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 1-2 dwelling units per acre for the subject parcel.
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.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
3. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.
Affordable Housing Plan
Based upon the proposed land use, the Affordable Housing Plan is not applicable
Comprehensive Transportation Plan
O’Kelly Chapel Road is designated as a Major Thoroughfare
Existing Section: 2-lane major thoroughfare, approximately 60-foot R/W
Future Section: 4-lane divided with landscaped median, 100-foot 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 residential road
Existing Section: 2-lane road, approximately 50-foot R/W
Future Section: 2-lane road, approximately 50-foot R/W
Sidewalks: None
Bicycle lanes: None
Transit: No requirements
Status of Planned Improvements: None scheduled by the Town. Note: Pittard Sears Road is an NC DOT maintained road.
Parks & Greenways Master Plan
According to the Parks, Recreation & Cultural Resources Facilities Master Plan, there are no issues associated with this site. A recreation payment-in-lieu would be required for residential development in accordance with the LDO.
Open Space and Historic Resources Plan
As per the Open Space and Historic Resources Plan, there are no special plant communities or historic resources on the subject parcel.
ORDINANCE FOR CONSIDERATION
09-REZ-14 O’Kelly Chapel Road
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY BY APPLYING INITIAL ZONING OF RESIDENTIAL 40 (R-40) AND WATERSHED PROTECTION OVERLAY DISTRICT FOR JORDAN LAKE TO APPROXIMATELY 1.56 ACRES LOCATED AT THE INTERSECTION OF O’KELLY CHAPEL ROAD AND PITTARD SEARS ROAD OWNED BY MARQUIS HOMES AND COMPANY.
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) |
Real Estate ID(s) |
Area ± |
|
Marquis Home & Company |
0726-41-5782 portion |
63642 portion |
1.56 ± |
|
| |||
|
Total Acres |
1.56 ± | ||
Section 2: That initial Zoning of Residential 40 (R-40) and Watershed Protection Overlay District for Jordan Lake is applied to these Properties 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 April 15, 2010.
Adopted and effective: April 15, 2010_____________________ ____________________
Harold Weinbrecht, Jr. Date