09-rez-07 The Park at West Lake - Winslow Properties Open Space

Town of Cary, North Carolina

Staff Report to the Town Council

09-REZ-07 Rezoning: The Park at West Lake - Winslow Properties Open Space

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-04

Location

South and west of the end of Dayton Ridge Drive in The Park at West Lake Cluster Subdivision

Town Limits

ETJ

Deeded Acreage

24.82

Existing Zoning District

Residential 20 (Wake County) and Residential 30 (Wake County)

Proposed Zoning District

Resource/Recreation (R/R)

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-04) for approximately 24.82 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 five parcels totaling 24.82 acres that are recorded as permanent open space lots in various phases of the Heritage, Woodlands and West Lake Commons in The Park at West Lake subdivision. Rezoning to establish an appropriate Town of Cary zoning district is required prior to the effective date of the annexation. The zoning district proposed by staff is Resource/Recreation (RR), which is the district that most closely corresponds to the use of these parcels as permanent open space.

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

Applicable Subdivision/Phase

County Parcel No. (10-digit)

Real Estate ID

Acres

Winslow Properties

The Heritage Ph. 8 (BM2006/310)

0679025821

0346034

3.03

Development Co.

Woodlands Ph. 4 (BM2007/443)

0669921493

0341179

8.45

740 Highlands Dr

West Lake Commons (BM2007/2060)

0679023253

0364124

3.55

Raleigh, NC 27606

West Lake Commons Ph 3 (BM2007/2062)

0679021485

0367569

5.43

West Lake Commons Ph 4 (BM2007-2064)

0669929660

0367588

4.36

Total Area

24.82

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 the Town Council 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

Currently, under the Wake County zoning of R-20 and R-30, this parcel could generate 55 pm peak-hour trips. The proposed rezoning to RR would be considered a down zoning from a traffic standpoint, and therefore no traffic study would be 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 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

Town-Wide

Land Use Plan

The Town-wide Land Use Plan recommends these parcels for Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster uses. The recommended densities can range from less than one dwelling unit per acre (VLDR) to three dwelling units per acre (LDR cluster-option). The zoning district proposed by staff is Resource/Recreation (RR), reflecting the planned use of these parcels as the permanent open space component of the associated residential cluster subdivision. Therefore, this request is in conformance with the Land Use Plan.

Growth Management Plan

The Growth Management Plan includes the following Guiding Principle which is relevant to this case:

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

Affordable Housing Plan

The Affordable Housing Plan is not applicable to this case.

Parks & Greenways Master Plan

According to the Parks, Recreation & Cultural Resources Facilities Master Plan a public greenway is proposed through this open space. The developer has agreed to dedicate a 30-foot-wide Greenway Easement to the Town in accordance with the Master Plan. A 10-foot-wide private pedestrian easement is to be recorded on this open space between Dayton Ridge Drive and the public greenway easement. This easement was shown on approved plan #07-SP-057.

Open Space and Historic Resources Plan

According to the Open Space and Historic Resources Plan, the southern portion of this open space, closest to the creek, is designated as priority open space proposed for conservation due to significant natural areas including bottomland, hardwood forests and swamp.

ORDINANCE FOR CONSIDERATION

09-REZ-07 The Park at West Lake - Winslow Properties Open Space

AN ORDINANCE TO ESTABLISH ZONING FOR APPROXIMATELY 24.82 ACRES LOCATED IN VARIOUS SECTIONS OF THE PARK AT WEST LAKE CLUSTER SUBDIVISION OWNED BY WINSLOW PROPERTIES DEVELOPMENT COMPANY BY APPLYING RESOURCE/RECREATION (RR) ZONING TO PROPERTY CURRENTLY ZONED RESIDENTIAL 30 (WAKE COUNTY) AND RESIDENTIAL 20 (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 for the area described as follows:

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s) 10 digit)

Real Estate ID(s)

Area ±

(Acres)