Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-01 The Park at West Lake – Serene Forest Drive
Town Council Meeting
May 27, 2010

To amend the Town of Cary official zoning map to apply initial zoning (Associated Annexation Petition 10-A-01.)

Property Owner(s)	County Parcel Number(s) (10-digit)	Real Estate ID(s)	Deeded Acreage
Starcraft Builders Inc. 721 Piney Grove Wilbon Road Holly Springs, NC 27540	0669848875 0669848965 0669849717 0669858044	0374817 0374818 0374816 0374819	.54 .40 .56 .34
Winslow Properties Development Company 740 Loch Highlands Drive Raleigh, NC 26707	0669858123 0669858203 0669858302	0374820 0374821 0374822	.29 .28 .32
Percy Koluch Builders LLC 111 Big Tree Trail Morrisville, NC 27560	0669857660 0669858402 0669858501	0374825 0374823 0374824	.28 .33 .29
Total Area			3.63

Historical Background:
In 2002, a developer, John Brown, requested that Council allow a 363 acre parcel to be served with Town utilities, but developed under Wake County's zoning regulations. At the time, the Town of Holly Springs was receiving and approving annexation petitions for properties within the Town of Cary's Land Use Planning Area (outside of our zoning jurisdiction or ETJ). This 363 acre parcel was closer to the Holly Springs Town limits than Cary so by state law, the Town was unable to annex this property in 2002. In addition, the Town had not been successful with Holly Springs’ representatives to establish a Holly Springs/Cary Utility Service and Annexation Boundary Agreement. This agreement would have established what properties each town could annex. In 2003, both Towns executed this agreement which allowed Cary to annex development within the Park at West Lake development.

At the time of the request in 2002, the options before Council were to allow the property:

1) To be developed as a Wake County subdivision using well and septic systems. This option would have resulted in property owners benefiting from being near Cary without contributing financially for the benefits received. In addition, the well and septic systems within the cluster subdivision may have proved environmentally harmful in the long run.

2). To be developed and annexed into the Town of Holly Springs. This option would have allowed Holly Springs to further encroach into Cary’s Planning area and reduce Cary’s future tax base while increasing theirs.

3) To be developed through the County using Cary utilities and have sections of the subdivision annexed into the Town prior to any lot being transferred from the builder to a resident (developer's request).

In 2002, the Council chose option 3. This option would eventually allow for the citizen-initiated annexation of all the property into the Town. Unfortunately, the development would not comply with certain Cary development standards, and the annexation would occur in a piece-meal fashion. At the present time, most all the property is platted; it is too late to require Cary development standards (e.g., 100-foot stream buffers). This would also alter the approved agreement that is being implemented.

As this property has developed over the years, the Town has received numerous annexation petitions as each section was platted. A limited amount of the original property remains to be annexed (see General Location map - white areas remain to be annexed).

The following are questions raised during the public hearing and/or review process, as well as responses provided by staff.

Question - Why can't the Town require the developer to annex all the remaining property to avoid "doughnut holes" outside of the Town limits?

Answer - The staff is honoring the 2002 agreement with the developer. Since the property is near completion, the "doughnut holes" are temporary.

Question - Why can't the Town postpone action on these current annexation petitions until the developer submits the remaining property?

Answer- Any delay in annexation is a benefit to the developer. The longer property remains outside of Cary, the builders/developer does not have to pay transportation development fees and other fees the Town collects at time of building permit. In addition, the new residents within these areas will continue to pay triple utility rates until the property is annexed.

Question - What leverage does the Town have to ensure the developer will follow through with the agreement and annex the remaining property?

Answer - The Town has the ability to deny utility connections to the builders which is needed to sell the homes. The Town also can ask Wake County staff to hold permits and approvals on homes being built in the development. Staff has used this authority on a few occasions to ensure that annexation petitions were submitted in a timely manner.

Current Request:
The current associated annexation petition (10-A-01) includes ten single-family lots totaling 3.63 acres, with frontage on Serene Forest Drive. The previously-approved minimum lot size of the subject parcels is 12,000 square feet. Staff proposes zoning of R-12, which is the Cary classification most compatible with the approved development.

Applicant & Agent	Property Owners
General Location	South of Optimist Farm Road, on the west side of Serene Forest Drive north of Moneta Lane
Schedule	Public Hearing March 23, 2010	Planning & Zoning Board April 19,2010	Town Council Decision May 27, 2010
Land Use Plan Designation	Very Low Density Residential (VLDR) or Low-Density Residential Cluster (LDR Cluster)
Town Limits	The subject property is located outside the corporate limits and the Town of Cary ETJ. A voluntary annexation petition, 10-A-01, has been submitted by the property owners in conjunction with this rezoning request.
Valid Protest	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.
Existing Use	Vacant single-family residential lots
Proposed Use	Single-family residential
Staff Contact	Mary W. Beerman, Senior Planner P.O. Box 8005 Cary, NC 27512 (919) 460-4342 mary.beerman@townofcary.org

Notification
On March 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 consistent with General Statutes was published in the Cary News on March 10 and 17, 2010, in accordance with LDO requirements. Notice of the public hearing was posted on the property on March 10, 2010.

Neighborhood Meeting
Not required for requests that apply initial Town of Cary zoning.

Town Council Public Hearing
The public hearing was held on March 23, 2010. There were no comments or concerns expressed by citizens, however there were questions concerning the background of the Park at West Lake and the 2002 agreement with the property owner regarding future annexation and applicable development standards.

Changes Since Public Hearing
None

Planning and Zoning Board Meeting
The Planning and Zoning Board considered the request at its April 19, 2010 meeting and recommended approval by a vote of 7-2. There were questions and clarification regarding the width of the applicable stream buffer and the rationale for approval of the overall subdivision by Wake County using Wake County development regulations. Those opposed to the rezoning cited concern with allowing the property to be developed utilizing Wake County standards, knowing that it will be annexed into Cary at a future date.

Changes Since Planning and Zoning Board Meeting
None

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 10 single-family lots. This would generate 8 am and 11 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 10 am and 14 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.

Comprehensive Plan Element	Consistent	Not Consistent	Not Applicable
Land Use Plan	P
Parks, Recreation, and Cultural Resources Facility Master Plan	P
Growth Management Plan	P
Affordable Housing Plan			P
Comprehensive Transportation Plan	P
Open Space and Historic Resources Plan	P

A. Land Use Plan
The land use 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. A significant portion of the development remains undeveloped, preserving natural areas and providing common open space, and development occurs only on the remainder of the site. 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. The residential lots included in the subject property were laid out under Wake County regulations using the cluster option.

B. Parks, Recreation, and Cultural Resources Facility Master Plan
According to the Parks, Recreation & Cultural Resources Facilities Master Plan, a proposed greenway runs along the western boundary of the site. The developer has agreed to dedicate to the Town a 30-foot-wide greenway easement along the length of the open space adjacent to these parcels on the west side.

C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles which may be relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

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

3. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.

D. Affordable Housing Plan
The Affordable Housing Plan is not applicable to this case.

E. Comprehensive Transportation Plan
The subject property is served by Serene Forest Drive and Glade Hill Drive which are local streets, as approved by Wake County for The Park at West Lake, and Optimist Farm Road, which is classified as a major thoroughfare.

Comprehensive Transportation Plan - Optimist Farm Road
Existing Section: 2-lane undivided
Future Section: 4-lane median divided, 100-foot ROW
Road Improvements: N/A
Sidewalks Requirements: sidewalks required on both sides
Bicycle Requirements: 14-foot-wide outside lanes required on both sides
Transit Requirements: No transit requirements
Traffic Analysis: No Traffic Study required

F. Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan, the southern portion of this site includes some bottomland forest and hardwood swamp plant communities.

G. Overall Analysis for Consistency with Comprehensive Plan Requirements
The subject request is consistent with the applicable elements of the Comprehensive Plan.

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.

Ordinance for Consideration

10-REZ-01 Park at West Lake – Serene Forest Drive

AN ORDINANCE TO ESTABLISH ZONING FOR APPROXIMATELY 3.63 ACRES LOCATED ON THE WEST SIDE OF SERENE FOREST DRIVE, NORTH OF MONETA LANE, OWNED BY STARCRAFT BUILDERS INC., WINSLOW PROPERTIES AND PERCY KOLUCH BUILDERS, LLC BY APPLYING RESIDENTIAL 12 (R-12) 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 by rezoning the area described as follows:

PARCEL AND OWNER INFORMATION

Property Owners	County Parcel Numbers (10 digit)	Real Estate IDs	Area ± (Acres)
Starcraft Builders Inc. 721 Piney Grove Wilbon Road Holly Springs, NC 27540	0669848875 0669848965	0374817 0374818	.54 .40
Winslow Properties Development Company 740 Loch Highlands Drive Raleigh, NC 26707	0669849717 0669858123 0669858203 0669858302 0669858402 0669858501 0669858044	0374816 0374820 0374821 0374822 0374823 0374824 0374819	.56 .29 .28 .32 .33 .29 .34
Percy Koluch Builders LLC 111 Big Tree Trail Morrisville, NC 27560	0669857660	0374825	.28
Total Acres			3.63

Section 2: That initial Cary zoning of Residential 12 (R-12) 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 3: This ordinance shall be effective: May 27, 2010

Adopted and effective: May 27, 2010

______________________________________
Harold Weinbrecht, Jr.

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