10-REZ-04 Ferrell Property
Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-04 Ferrell Property at Morrisville Parkway
Town Council Meeting
October 14, 2010
REQUEST
To amend the TowFn of Cary Official Zoning Map by rezoning approximately 4.76 acres located on Morrisville Parkway, from Residential 40 F(R-40) to Transitional Residential Conditional Use (TR-CU) and by removing the subject property from the Mixed Use Overlay District.
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.shtml.
SUBJECT PROPERTY
|
Property Owner(s) |
County Parcel Number(s) |
Real Estate ID(s) |
Deeded Acreage |
|
David S. Ferrell and Luanne F. Adams |
0745019227 |
0310473 |
4.76 ± |
|
Total Area |
4.76 ± | ||
BACKGROUND INFORMATION
|
Applicant & Agent |
Charles R. Smith, Withers and Ravenel, Inc | ||
|
General Location |
1950 Morrisville Parkway | ||
|
Acreage |
4.76 ± | ||
|
Schedule |
Public Hearing |
Planning & Zoning Board |
Town Council |
|
Land Use Plan Designation |
Medium Density Residential (MDR) | ||
|
Existing Zoning District(s) |
Residential 40 (R-40), within the Mixed Use Overlay District | ||
|
Existing Zoning Conditions |
None | ||
|
Proposed Zoning District(s) |
Transitional Residential Conditional Use (TR-CU) | ||
|
Town Limits |
The subject property is located inside the Town of Cary corporate limits. | ||
|
Valid Protest Petition |
No | ||
|
Staff Contact |
Debra Grannan, Senior Planner | ||
PROJECT SUMMARY
At the Town Council Public Hearing the applicant requested that the subject property be rezoned from Residential 40 (R-40) to Residential Multi-Family Conditional Use (RMF-CU). The current request is to rezone the subject property from R-40 to Transitional Residential Conditional Use (TR-CU). The proposed zoning conditions have also been expanded as indicated below:
|
Zoning Conditions Proposed at |
Current Proposed Zoning Conditions |
|
1. There shall be a maximum of 32 units |
1. There shall be a maximum of 20 residential units. |
|
2. Uses shall be limited to residential and may only include townhomes, patio homes, duplexes and semi-attached / attached dwellings. |
2. The width of any residential building unit shall be a minimum of 20 feet. |
|
3. The minimum building size of any residential unit shall be 1,500 heated square feet. Garages shall not be included in this square footage. | |
|
4. If townhomes are developed, at least two thirds (2/3) of the total units shall exceed the minimum size of 1,500 square feet. | |
|
5. If townhomes are developed, a minimum of one fourth (1/4) of the total townhome units shall be at least 2,500 heated square feet. Garages are not included in this square footage. | |
|
6. A minimum 10-foot undisturbed Type- A vegetative buffer, with disturbances only as allowed by the Land Development Ordinance, and an additional 10-foot landscape strip will be provided along the eastern property line. This 20-foot planting area will meet the performance standards laid out in the Town of Cary's Type A buffer requirements. The closest construction activity will be offset a minimum of 10 feet from the undisturbed clearing limits. The landscape strip shall be placed in commonly held open space owned by the Homeowner’s Association. | |
|
7. The following will be added along the eastern property line at the rear of 112 Lake Hickory Ct. (Pin # 0745111373), 114 Lake Hickory Ct. (Pin # 0745111278), 116 Lake Hickory Ct. (Pin # 0745111274) and 118 Lake Hickory Ct. (Pin # 0745111261) in Lake Ridge Townhomes to further supplement plant material in the 20-foot planting area: a. Eighteen (18) evergreen trees of a species which commonly reaches a height of 20 feet at maturity planted at an average of 10 feet on center and at a minimum 5-foot planting height. b. Nine (9) under story trees of a species that commonly reaches a height of 20 feet at maturity planted at an average of 20 feet on center and at a minimum 8-foot planting height. A minimum of two types of evergreen trees and two types of under-story trees will be used to fulfill this requirement. | |
|
8. There shall be a maximum height of two stories for any townhome unit directly behind the existing four Lake Ridge townhomes with the addresses and Pin numbers listed in Condition #7 above. | |
|
9. All roofs on residential units shall be pitched. | |
|
10. All building square footages and calculations shall be provided on the development plan showing how zoning conditions are to be met. | |
|
11. The above conditions shall be noted on the recorded plat. |
SITE CHARACTERISTICS
Streams: As indicated on Town of Cary GIS maps, the subject property is impacted by a stream buffer. Exact field determination of the buffer will be required during the site plan review process.
Floodplain: As indicated on Town of Cary GIS maps, the subject property is impacted by a flood plain along the western property line. Exact field determination of the buffer will be required during the site plan review process.
Topography: Based on Cary’s GIS maps, there is a reduction in the elevation by approximately 20 feet between the area located adjacent to Morrisville Parkway and the rear of the subject property.
CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
Density and Dimensional Standards
|
|
Existing Zoning District |
Proposed Zoning District Transitional Residential Conditional Use |
|
Maximum Gross Density |
1.08 |
6 (LDO) 4.20 proposed1 |
|
Minimum Lot Size |
40,000 |
6,000 for detached single-family dwellings |
|
Minimum Lot Width |
With septic tank/well: 150 (160 for corner lot) |
Detached single-family dwellings: 60 |
|
Minimum |
From thoroughfare: 50 |
From thoroughfare: 50 |
|
Minimum |
With septic tank/well: 20 |
Detached single-family: 0/3 minimum, 16 combined2 All other uses: 10 |
|
Minimum Rear Yard Setback |
25 |
Duplexes subdivided attached, semi-attached, townhouse units: The width of the roadway or front and rear setbacks combined shall equal at least 20 feet and any individual rear setback shall be at least three feet. |
|
Maximum Building Height |
35 |
35 |
|
1 Based on the proposed zoning condition that limits the number of dwelling units to 20, the maximum density yield would be 4.20 dwelling units per acre. | ||
|
2 A building setback of less than three feet may be permitted where firewalls are provided in accordance with all applicable building code requirements and where it is permitted by the zoning district. | ||
Landscape Buffer
According to Chapter 7 of the LDO, if the subject property is developed as townhomes or patio dwellings, a 20-foot Type “B” (Semi-opaque) buffer is required between the property and the following: the existing townhome development to the east of the site and the school and library uses to the west of the site. If the subject property is developed with single-family detached homes on lots 8,000 square feet or less, a 30-foot Type “A” (opaque) buffer is required in these same locations. Because of the existing buffer in the Lake Ridge Townhome Development, the applicant is only required to provide a 10-foot, Type-B buffer. The applicant has proposed a zoning condition that exceeds this requirement
Streetscape
According to Chapter 7 of the LDO, if developing the subject property for residential use, a 50-foot Type “A” (opaque) buffer is required along Morrisville Carpenter Road that is classified as a thoroughfare on Cary’s Comprehensive Transportation Plan.
Traffic
No Traffic Impact Analysis is required since the predicted trips for 20 dwelling units will be less than the 50 peak hour trip threshold outlined in the LDO.
SUMMARY OF PROCESS AND ACTIONS TO DATE
Planning and Zoning Board Meeting (Public Hearing) – September 20, 2010
Staff noted that new and modified zoning conditions were submitted by the applicant following the Town Council public hearing, and that these conditions had been reviewed by staff and were found to be acceptable. Staff pointed out that a revision had been made to conditions proposed in the staff report. After the report had been completed, the applicant proposed to clarify one of the conditions and notified staff that they also proposed to place a landscape strip along the eastern boundary of the subject property within common open space rather than in an easement located on individual lots. Staff also reviewed the revised alignment of the proposed future greenway being developed by the Parks Recreation and Cultural Resources staff.
The applicant spoke briefly about the efforts that had been made to work with the adjacent property owners and the positive results. A representative of the Lake Ridge Townhome Association spoke in support of the rezoning request and stated that the neighbors intended to remove the current protest petitions. All protest petitions were withdrawn on
The Planning and Zoning Board asked for clarification on a few of the conditions. They complimented the applicant, neighbors and staff for working toward a resolution of the previous concern.
The Planning and Zoning Board voted 6-0 to forward a recommendation for approval to the Town Council.
There have been no changes since the Planning and Zoning Board Meeting
Town Council Public Hearing
On May 27, 2010 a public hearing was held on the initial request to rezone from R-40 to RMF-CU. Staff presented the case and noted that there was a valid protest petition. Two adjacent property owners expressed concern about the proposed density of future development and the lack of compatibility to the adjacent Lakeridge Townhome community. The applicant and owner spoke in support of the request and explained that they would continue to meet with adjacent property owners to try to find zoning conditions that were mutually acceptable.
A public hearing on a proposed amendment to the Comprehensive Land Use Plan was also conducted on May 27, 2010.
The Town Council forwarded the rezoning request to the Planning and Zoning Board to follow the outcome of the associated CPA request.
Notification
On May 11, 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 May 12 and 19, 2010. Notice of the public hearing was posted on the subject property in accordance with LDO requirements.
Neighborhood Meeting
As indicated by the application, the applicant held a neighborhood meeting as required by the LDO on Tuesday March 16, 2010 to present the request to adjacent property owners and respond to questions.
Changes since the Town Council Public Hearing
The Comprehensive Plan Amendment case, 10-CPA-04, associated with the subject property was approved by Town Council on August 11, 2010. This amendment removed the subject property from a Neighborhood Activity Center and also amended the Land Use Plan Designation from Low Density Residential (LDR) to Medium Density Residential (MDR).
The applicant revised their application to change the proposed zoning designation from Residential Multi-family Conditional Use (RMF-CU) to Transitional Residential Conditional Use (TR-CU). Several new proposed zoning conditions were also added that included reducing the maximum number of dwelling units proposed from 32 to 20.
Data in this staff report regarding potential school impacts was updated to reflect the proposed reduction in dwelling units.
Staff has participated in several discussions with adjacent property owners to explain the public hearing process and how zoning conditions are enforced.
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
|
Comprehensive Plan Element |
Consistent |
Not Consistent |
Not Applicable |
|
A. Land Use Plan |
P |
||
|
B. Parks, Recreation, and Cultural Resources Facility Master Plan |
P |
||
|
C. Growth Management Plan |
P |
||
|
D. Affordable Housing Plan |
P |
||
|
E. Comprehensive Transportation Plan |
P |
||
|
F. Open Space and Historic Resources Plan |
P |
A. Land Use Plan
Long-range land use recommendations for the subject parcel are given by the town wide Land Use Plan. The Land Use Plan designates the subject parcel as Medium Density Residential (MDR), which typically includes single-family detached and attached dwellings at densities of three to eight units per acre.
B. Parks & Greenways Master Plan
According to the Parks and Greenways Facilities Master Plan, a greenway trail is proposed along the Urban Transition Buffer on the western side of the parcel. A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance. A 30’ wide Greenway Easement will be dedicated to the Town for future construction of a trail connecting the existing Carpenter Village greenway to the north, across the creek along the western property boundary, to the public trail by the Wake County library site. Credit towards payment-in-lieu will be given for construction of a public 10’ wide asphalt trail on the adjacent tract to the west (also owned by Mr. Ferrell) which will provide an immediate connection from the Morrisville Parkway sidewalk to the Wake County Library and the existing public greenway trail on that site.
These comments were reviewed and approved by the Parks, Recreation and Cultural Arts Advisory Board at its June 2010 meeting, and by the Greenway Committee at its May 2010 meeting.
C. Growth Management Plan
The Growth Management Plan includes the following Guiding Principles that 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. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.
D. Affordable Housing Plan
The Affordable Housing Plan includes the following goals that are relevant to this case:
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. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies.
4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.
E. Comprehensive Transportation Plan
Morrisville Parkway is designated as a Major Thoroughfare.
Existing Section: N/A
Future Section: 4-lane median divided with 14-foot-wide outside lanes, 78 feet back to back, 100-foot ROW
Sidewalks: Required on both sides
Bicycle Lanes: 14-foot- wide outside lane required
Status of Planned Improvements: Town improvement project in process
F. Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan, the site has mixed upland hardwoods on site. The site was not identified as a priority open space parcel proposed for conservation.
STAFF OBSERVATIONS
The proposed rezoning is consistent with the Comprehensive Plan and other applicable adopted plans, policies and documents.
By proposing a 10-foot Type A buffer, plus a 10-foot landscape strip in Common Open Space adjacent to the Lake Ridge development, the applicant exceeds Land Development Ordinance requirements.
Long-term enforcement of the zoning conditions was staff’s primary concern when evaluating the applicant’s proposal. While deemed enforceable, staff notes that cautious evaluation of plans, plats and building permits will be required to ensure compliance.OTHER REFERENCE INFORMATION
|
Schools |
Assigned |
20th Day |
Permanent |
Average |
Projected Range | |
|
Green Hope Elementary |
807 |
1088 |
74% |
1 to 9 | ||
|
Davis Drive Middle |
1205 |
1188 |
101% |
1 to 5 | ||
|
Green Hope High School |
2006 |
2113 |
95% |
1 to 4 | ||
|
Total Projected range of additional students2 |
3 to 18 | |||||
|
1 Current Enrollment and Building Capacity is based on the 20th day of the school year for 2009-2010 as supplied by the Wake County Public School System. School assignment will be determined at the time of development. | ||||||
|
2 The Projected Number of Additional Students is a rough approximation. The actual number of students will vary depending on variables, such as the number of bedrooms, dwelling size, and other factors. For example: a site with 20 two-bedroom townhomes could potentially yield four additional students, while 20 single-family homes with greater than three-bedroom units could potentially yield 16 students. The basis for making this calculation is based on multipliers provided by Wake County Schools Office of Student Assignment. At rezoning, student yield can not be accurately determined due to unknown variables. | ||||||
APPLICANT’S JUSTIFICATION STATEMENT (Revised)
The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) and do not necessarily represent the views or opinions of the Town of Cary. Any statements as to the type, the quality, or the physical features are at the direction of the applicant and may be formulated into a condition:
1. Any issues with the size of the tract?
Response: The physical characteristics go a long way in explaining the nature of this request. We are first requesting that the site to be rezoned be removed from the Mixed Use Center overlaying the intersection of Louis Stephens Road and Morrisville Parkway. The subject site is separated from this intersection by a stream with 100’ Town of Cary Urban Transition buffers. This seems to be a more obvious definition of the boundary of the Mixed Use Center. As a result, this site would then lie outside and adjacent to the Mixed Use Center and the boundaries of this site are defined by the four lane divided Morrisville Parkway to the south, the stream and associated open space to the west, and an existing townhome site, Lakeridge Townhomes, to the east. We believe it is reasonable to suggest the proposed zoning should be consistent with the adjacent townhome project and as a result the same zoning category, TR-CU, is being requested.
2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: As indicated in #1 above, the Land Use Plan designates this site as part of a Mixed Use Center which typically includes non-residential uses and higher density residential uses to support the non-residential. We have chosen to be more consistent with the adjacent use to the east as opposed to these higher density uses. The Town Thoroughfare Plan includes Morrisville Parkway, which fronts this site. This particular section of the roadway is presently under construction with completion scheduled for the fall of 2010. A portion of this site will remain open space as shown in the Open Space Plan with its stream buffers and floodplain area.
3. What are the benefits and detriments to the owner, neighbors and the community?
Response: Benefits: a) A land use is proposed that is consistent with the adjacent property to the east. b) As a normal part of development, the area’s pedestrian connectivity will be enhanced through the construction of sidewalks and trails that ultimately connect to the non-residential uses of the Mixed Use Center, including the West Cary Public Library.
4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?
Response: The only proposed use is residential. Townhomes are the most likely end use, but patio homes and single family detached homes could also be contemplated as the market dictates. This is the same use as on the adjacent parcel.
ORDINANCE FOR CONSIDERATION
10-REZ-04 Ferrell Property at Morrisville Parkway
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 4.76 ACRES LOCATED AT 1950 MORRISVILLE PARKWAY BY REMOVING THE PROPERTY FROM THE MIXED USE OVERLAY DISTRICT DESIGNATION AND BY REZONING FROM RESIDENTIAL 40 TO TRANSITIONAL RESIDENTIAL CONDITIONAL USE (TR-CU)
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) |
County Parcel |
Real Estate ID(s) |
Area ± |
|
David S. Ferrell and Luanne F. Adams |
0745019227 |
0310473 |
4.76 ± |
|
Total Acres |
4.76 ± | ||
Section 2: That this Property is removed from the Mixed Use Overlay District designation and is rezoned from Residential 40 (R-40) to Transitional Residential Conditional Use (TR-CU) subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines
Section 3: The conditions proposed by the applicant and mutually approved by the Town for promoting public health, safety and the general welfare are:
1. There shall be a maximum of 20 residential units.
2. The width of any residential building unit shall be a minimum of 20 feet.
3. The minimum building size of any residential unit shall be 1,500 heated square feet. Garages shall not be included in this square footage.
4. If townhomes are developed, at least two thirds (2/3) of the total units shall exceed the minimum size of 1,500 square feet.
5. If townhomes are developed, a minimum of one fourth (1/4) of the total townhome units shall be at least 2,500 heated square feet. Garages are not included in this square footage.
6. A minimum 10-foot undisturbed, Type- A vegetative buffer, with disturbances only as allowed by the Land Development Ordinance, and an additional 10-foot landscape strip will be provided along the eastern property line. This 20-foot planting area will meet the performance standards laid out in the Town of Cary's Type- A buffer requirements. The closest construction activity will be offset a minimum of 10 feet from the undisturbed clearing limits. The landscape strip shall be placed in commonly held open space owned by the Homeowner’s Association.
7. The following will be added along the eastern property line at the rear of 112 Lake Hickory Ct. (Pin # 0745111373,) 114 Lake Hickory Ct. (Pin # 0745111278,) 116 Lake Hickory Ct. (Pin # 0745111274) and 118 Lake Hickory Ct. (Pin # 0745111261) in Lake Ridge Townhomes to further supplement plant material in the 20-foot planting area:a. Eighteen (18) evergreen trees of a species which commonly reaches a height of 20 feet at maturity planted at an average of 10 feet on center and at a minimum 5-foot planting height.
b. Nine (9) under-story trees of a species that commonly reaches a height of 20 feet at maturity planted at an average of 20 feet on center and installed at an 8-foot planting height.
A minimum of two types of evergreen trees and two types of under-story trees will be used to fulfill this requirement.
8. There shall be a maximum height of two stories for any townhome unit directly behind the existing four Lake
Ridge townhomes with the addresses and Pin numbers listed in Condition #7 above.
9. All roofs on residential units shall be pitched.
10 All building square footages and calculations shall be provided on the development plan showing how zoning conditions are to be met.
11. The above conditions shall be noted on the recorded plat.
These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.
Section 4: This ordinance shall be effective on the date of adoption.
Adopted and effective: October 14, 2010
_____________________________________
Harold Weinbrecht, Jr.
Mayor
________________________________
Date