Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-02 The Park at West Lake
(parcels included in annexation petitions 10-A-03, 05, 06, 07)
Town Council Meeting
June 24, 2010

To Amend the Town of Cary Official Zoning Map to apply initial zoning; associated Annexation Petitions: 10-A-03; 10-A-05; 10-A-06; and 10-A-07.

SUBJECT PARCELS

Associated Annexation Case	Property Owner	County Parcel Number (10-digit)	Real Estate ID	Proposed Zoning District	Deeded Acreage
10-A-03 Carriage Gate Ph. 2 & 3	Tom Davis Homes, Inc.	0679351227 0679352273 0679353179 0679355199 0679355365 0679353431 0679352418 0679351512	0374778 0374779 0374780 0374782 0374783 0374784 0374785 0374786	R-12	.37 .38 .52 .47 .39 .44 .42 .36
	Amy B. and Jason R. Orders	0679354195	0374781	R-12	.48
	The Paul H. Wirth Living Trust	0679350316	0374777	R-12	.35
	Tom Davis Homes, Inc.	0679355010	0374787	R/R	4.42
				Subtotal	8.60
10-A-05 Park at West Lake Commons (Ph. 8)	Lennar Carolinas LLC	0669942120 0669940062 0669940047 0669942105 0669940122 0669941290 0669849198 0669941285 0669849295 0669941390 0669849382 0669849470 0669941396 0669940414 0669940449 0669942430 0669941503 0669942473 0669941546 0669941681	0377934 0377935 0377936 0377933 0377937 0377932 0377938 0377931 0377939 0377950 0377940 0377941 0377949 0377942 0377943 0377948 0377944 0377947 0377945 0377946	TR	.16 .14 .15 .16 .16 .16 .21 .17 .23 .17 .28 .34 .14 .26 .31 .15 .17 .16 .15 .18
	Winslow Properties Development Co.	0669942499	0377951	R/R	.16
				Subtotal	4.01
10-A-06 Park at West Lake Commons (Ph. 5-8 Open Space)	Winslow Properties Development Co.	0669926842 0669932059	0377884 0377930	R/R	4.02 9.95
				Subtotal	13.97
10-A-07 Park at West Lake Commons (Ph 5	Lennar Carolinas LLC	0679032721 0679031763 0679031704 0679030743 0669939792 0669939731 0669938781 0669938730 0669937780 0669937730 0669936772 0669936723 0669935765 0669934817 0669934822 0669934727 0669934722	0377883 0377882 0377881 0377880 0377879 0377878 0377877 0377876 0377875 0377874 0377873 0377872 0377871 0377870 0377869 0377868 0377867	TR	.15 .18 .18 .15 .14 .14 .14 .14 .14 .14 .14 .14 .19 .15 .14 .14 .14
				Subtotal	2.54
TOTAL DEEDED ACREAGE					29.12

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 Holly Spring's Town Limits than Cary's so by state law, Cary 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 us to annex development within the Park at West Lake development.

At the time, 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 the future tax base of Cary 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 our 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 our 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).

Current Request:
The current annexation petitions include 46 single-family lots and four open space lots totaling 29.12 acres. The specific parcels are included in the four annexation cases listed in the table above.

• The minimum lot size for the residential lots located in Carriage Gate Phases 2 & 3 (annexation case10-A-03) is at least 12,000 square feet and the Residential 12 (R-12) zoning district is proposed.
• The minimum lot size for the residential lots located in the portions of The Park at West Lake Commons Phases 5 and 8 (as identified in annexation cases 10-A-05 and 10-A-07) is at least 7,000 square feet and the Transitional Residential (TR) zoning district is proposed.
• Rezoning to Resource/Recreation (R/R) is proposed for lots in common open space (as identified in annexation cases 10-A-03, 05 and 06).

Design Standards and Permits
The property was subdivided in accordance with Wake County cluster subdivision development standards. Building permits for the individual lots will be reviewed and issued through the Town of Cary.

Traffic
There are 47 existing single-family lots that would generate 35 a.m. and 47 p.m. peak hour trips using the 8^th edition of ITE Trip Generation Manual. The proposed lots will remain the same when annexed into the Town and there would be no net increase in trips. No traffic study is required since this does not generate a net increase of 50 or more peak hour trips.

Notification
On April 13, 2010, the Planning Department mailed notification of a public hearing on the request to property owners within 400 feet of the combined subject properties. Notification consistent with General Statutes was published in the Cary News on April 14 and 21, 2010. Notice of the public hearing was posted on the property on April 14, 2010.

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

Town Council Public Hearing
The public hearing was held on April 29, 2010. There were no comments or concerns expressed by citizens.

The following questions were raised during the Town Council discussion:

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 the 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 do 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 are 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.
 

Planning and Zoning Board Meeting
The Planning and Zoning Board considered the request at its May 17, 2010 meeting and recommended approval by a vote of 8-1 There were questions and discussion concerning the annexation history of Park at West Lake from 2002, differences between Cary and Wake County development standards, clarification regarding open space, and the potential for future widening of Optimist Farm Road.

 

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). VLDR refers to densities of less than one dwelling per acre, with uses typically restricted to single-family detached units. 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. 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. 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.

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

D. Comprehensive Transportation Plan
The subject property is served by local streets, as approved by Wake County for The Park at West Lake, and Optimist Farm Road, which is classified as a major thoroughfare

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

E. Parks & Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan, a greenway is proposed to loop around the south end of the entire Park at West Lake development; the trail connects to and crosses Optimist Farm Road on both sides of the development.

F. Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan, there are wetlands, bottomland forests, and mixed hardwoods/conifers on the proposed open space acreages. Also according to the plan there are bottomland forests on the backs of four of the lots in Park at West Lake Commons Phase 8 (Phase 8 indicated on the Vicinity Map). No significant historical resources were indicated by the plan.

ORDINANCE FOR CONSIDERATION

10-REZ-02 The Park at West Lake (parcels included in annexation petitions 10-A-03, 05, 06 and 07)

AN ORDINANCE TO ESTABLISH ZONING FOR APPROXIMATELY 29.12 ACRES LOCATED IN VARIOUS PHASES OF THE PARK AT WEST LAKE BY APPLYING RESIDENTIAL 12 (R-12), TRANSITIONAL RESIDENTIAL (TR), AND RESOURCE/RECREATION (R/R) ZONING TO PROPERTY CURRENTLY ZONED WAKE COUNTY RESIDENTIAL 30, AS SPECIFIED IN THE ACCOMPANYING TABLE OF PARCEL AND OWNER INFORMATION

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

Associated Annexation Case	Property Owner	County Parcel Number (10-digit)	Real Estate ID	Proposed Zoning District	Deeded Acreage
10-A-03 Carriage Gate Ph. 2 & 3	Tom Davis Homes, Inc.	0679351227 0679352273 0679353179 0679355199 0679355365 0679353431 0679352418 0679351512	0374778 0374779 0374780 0374782 0374783 0374784 0374785 0374786	R-12	.37 .38 .52 .47 .39 .44 .42 .36
	Amy B. and Jason R. Orders	0679354195	0374781	R-12	.48
	The Paul H. Wirth Living Trust	0679350316	0374777	R-12	.35
	Tom Davis Homes, Inc.	0679355010	0374787	R/R	4.42
				Subtotal	8.60
10-A-05 Park at West Lake Commons (Ph. 8)	Lennar Carolinas LLC	0669942120 0669940062 0669940047 0669942105 0669940122 0669941290 0669849198 0669941285 0669849295 0669941390 0669849382 0669849470 0669941396 0669940414 0669940449 0669942430 0669941503 0669942473 0669941546 0669941681	0377934 0377935 0377936 0377933 0377937 0377932 0377938 0377931 0377939 0377950 0377940 0377941 0377949 0377942 0377943 0377948 0377944 0377947 0377945 0377946	TR	.16 .14 .15 .16 .16 .16 .21 .17 .23 .17 .28 .34 .14 .26 .31 .15 .17 .16 .15 .18
	Winslow Properties Development Co.	0669942499	0377951	R/R	.16
				Subtotal	4.01
10-A-06 Park at West Lake Commons (Ph. 5-8 Open Space)	Winslow Properties Development Co.	0669926842 0669932059	0377884 0377930	R/R	4.02 9.95
				Subtotal	13.97
10-A-07 Park at West Lake Commons (Ph 5	Lennar Carolinas LLC	0679032721 0679031763 0679031704 0679030743 0669939792 0669939731 0669938781 0669938730 0669937780 0669937730 0669936772 0669936723 0669935765 0669934817 0669934822 0669934727 0669934722	0377883 0377882 0377881 0377880 0377879 0377878 0377877 0377876 0377875 0377874 0377873 0377872 0377871 0377870 0377869 0377868 0377867	TR	.15 .18 .18 .15 .14 .14 .14 .14 .14 .14 .14 .14 .19 .15 .14 .14 .14
				Subtotal	2.54
TOTAL DEEDED ACREAGE					29.12

Section 2: That these properties are rezoned from Wake County Residential 30 to Residential 12 (R-12), Transitional Residential (TR) and Resource/Recreation (R/R) as specified above, 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 the date of adoption.

Adopted and effective: June 24, 2010

_____________________________________
Harold Weinbrecht, Jr.
Mayor

________________________
Date