09-REZ-15 Pittard Sears Road
Town of Cary, North Carolina
Initial Zoning Staff Report
09-REZ-15 Pittard Sears Road Re-alignment
Town Council Meeting
April 29, 2010
REQUEST
To amend the Town of Cary Official Zoning Map by applying base zoning to a parcel of land that is being considered for annexation into the Town of Cary corporate limits.
Location: The subject property is on the east side of Pittard Sears Road in Chatham County, 2,740 feet south of the intersection of O’Kelly Chapel Road and Pittard Sears Road.
Town Limits: There is a citizen initiated annexation case, 09-A-12, associated with this initial zoning.
Deeded Acreage: .29
Existing Zoning: Chatham County: R1 (formerly RA-40)
Proposed Zoning: Resource/Recreation (RR) and Watershed Protection Overlay District for Jordan Lake
Existing Land Use Plan Designation: Low to Medium Density Residential (LDR to MDR) with Northwest Area Plan Note 9, and with an open space/streetscape buffer along the eastern side of Pittard Sears Road
Protest Petitions: Not illegible for protest petitions since subject property is located outside Cary’s ETJ.
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_ldopdf.shtml.
SUBJECT PARCELS
|
Property Owner(s) |
Chatham County Parcel Numbers |
Real Estate ID(s) |
Deeded Acreage |
|
Pulte Home Corporation |
0725-39-9209.000 portion |
87789 portion |
0.29 ± |
|
Total Area |
0.29 ± | ||
MEETING SCHEDULE
Town Council Public Hearing: February 25, 2010
Planning & Zoning Board Meeting: March 15, 2010
Town Council Action: April 29, 2010
CONTACT INFORMATION:
Debra Grannan, Senior Planner
(919) 460-4980
debra.grannan@townofcary.org
PROJECT SUMMARY
As a result of the realignment of Pittard Sears Road by the Department of Transportation, the subject property is situated between the re-aligned road and property in the existing Amberly Development. The property owner has requested annexation into the Town of Cary corporate limits.
If annexed into Cary’s corporate limits, then a Cary zoning designation must be applied. Because the parcel is currently vacant and is intended to remain as open space, Resource/Recreation is the most comparable zoning district. If annexed, the subject property will also be located within the Watershed Protection Overlay District for Jordan Lake.
SITE DATA
Existing Land Use: Vacant
Land Use Plan Designation: Low to Medium Density Residential (LDR to MDR) with Northwest Area Plan Note 9, and with an open space/streetscape buffer along the eastern side of Pittard Sears Road
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 will be required 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 - Single-family residential and agricultural (Chatham County R1)
CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
Density and Dimensional Standards
|
|
Existing Zoning |
Proposed Zoning District |
|
Max. Gross Density |
1 du/acre |
N/A |
|
Min. Lot Size |
40,000 sq. ft. |
None |
|
Minimum Lot Width |
100 feet 110 feet for 2-family dwelling |
N/A |
|
Front yard Setback |
40 feet |
N/A |
|
Side Yard Setback |
25 feet |
N/A |
|
Rear Yard Setback |
25 feet |
N/A |
|
Maximum Bldg. Height |
60 feet |
N/A |
Streetscape
Pittard Sears Road is classified as a 2-lane residential collector road and no streetscape is required.
Traffic
There will be no increase in trips as a result of this zoning designation; therefore, a traffic study is not required.
SUMMARY OF PROCESS AND ACTIONS TO DATE
Notification
On February 9, 2010, the Planning Department mailed notification of a public hearing on the request to property owners within 400 feet of the subject property. Notification was also sent to the Chatham County Planning Manager and Chatham County Commissioners.
Notification consistent with General Statutes was published in the Cary News on February 10 and 17, 2010.
Notice of the public hearing was posted on the property on February 10, 2010.
Town Council Public Hearing
Staff presented the request and noted that there had been no opposition voiced by adjacent property owners. Staff reported that they had received updated data regarding the property size from Chatham County, and therefore, the current proposal is a reduction to the acreage listed in the public notice for the case. No one spoke at the public hearing. There was no discussion on the issue. Town Council forwarded the request to the Planning and Zoning Board.
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 to forward a recommendation for approval to the Town Council (8-0)
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;
APPLICABLE COMPREHENSIVE OR AREA PLAN REQUIREMENTS
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 parcel is Low to Medium Density Residential (LDR to MDR) with Northwest Area Plan Note 9, and with an open space/streetscape buffer along the eastern side of Pittard Sears Road.
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.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.
4. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.
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.
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.
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.
Comprehensive Transportation Plan
O’Kelly Chapel Road is designated as a Major Thoroughfare
Existing Section: 2-lane major thoroughfare, approximately 60-foot ROW
Future Section: 4-lane divided with landscaped median, 100-foot ROW
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 ROW
Future Section: 2-lane road, approximately 60-foot ROW
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 designates the subject area as having a mixed hardwood and conifer plant community.
ORDINANCE FOR CONSIDERATION
09-REZ-15 Pittard Sears Road
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO APPLY CARY ZONING OF RESOURCE/RECREATION (RR) AND WATERSHED PROTECTION OVERLAY DISTRICT FOR JORDAN LAKE TO APPROXIMATELY 0.29 ACRES LOCATED ON THE EAST SIDE OF PITTARD SEARS ROAD OWNED BY PULTE HOME CORPORATION.
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 ± |
|
Pulte Home Corporation |
0725399209 portion |
87789 portion |
0.29 ± |
|
Total Acres |
0.29 ± | ||
Section 2: That this Property is rezoned from Chatham County R1 to Resource/Recreation (RR) and Watershed Protection Overlay District for Jordan Lake.
Section 3: This ordinance shall be effective April 29, 2010
_________________________________ _________________________
Harold Weinbrecht, Jr. Date
Mayor