Town of Cary , North Carolina
Rezoning Staff Report
10-REZ-14 Davis Residence Holding, LLC
Town Council Meeting
August 9, 2011

To amend the Town of Cary Official Zoning Map to apply initial zoning to a 10.1-acre parcel located on Pittard Sears Road. Davis Residence Holdings, LLC has requested Transitional Residential District, Conditional Use (TR-CU).

There is a citizen-initiated annexation, case 10-A-15, associated with this request. Approval of this annexation request and application of Cary zoning will also place the subject property in the Jordan Lake Watershed Overlay District.  Although the rezoning case was included on the consent agenda at the July 14, 2011 Town Council Meeting, the annexation case was inadvertently not included. Since annexation into Cary’s corporate limits must occur before a Cary zoning district may be applied, both the rezoning and annexation cases have been scheduled for final action at the August 9, 2011 Town Council meeting.

This case was presented to the Planning and Zoning Board on May 16, 2011. The board had questions about the enforceability of a zoning condition related to age restricted housing, and tabled the case to allow the applicant time to clarify the condition. This report contains the revised language.

NOTE: The purpose of the rezoning is to determine if 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.

Property Owner	Chatham County Parcel Number (10-digit)	Real Estate ID	Deeded Acreage
Davis Residence Holding, LLC & HF Investors	0726304388	0084836	10.10
Total Area			10.10

The applicant has requested that the subject property be annexed into the Town of Cary corporate limits. Since the property is located outside of the Town’s ETJ, it must be annexed and initial zoning applied. The applicant proposes to rezone a 10.10-acre parcel from Chatham County R1 to Transitional Residential Conditional Use. If approved, the subject property would also be placed in the Jordan Lake Watershed Overlay District. Proposed zoning conditions would limit development on the site to 20 age-restricted single-family-detached dwellings, provide a 20-foot streetscape along Pittard Sears Road, and prohibit any future request to reduce the required width of the perimeter buffer at the time of site plan review.

 

Applicant & Agent	Glenda S. Toppe Glenda S. Toppe, Associates gtplan@gmail.com
Acreage	± 10.10
General Location	West side of Pittard Sears Road about 2,200 feet south of O’Kelly Chapel Road
Tentative Schedule	Public Hearing January 27, 2011	Planning & Zoning Board May 16, 2011 P&Z Second Meeting June 20, 2011	Town Council August 9, 2011
Land Use Plan Designation	Low Density Residential (LDR)
Existing Zoning District(s)	Chatham County R1 (Previously RA-40)
Proposed Zoning District(s)	Town of Cary Transitional Residential Conditional Use (TR-CU) Jordan Lake Watershed Protection Overlay District
Proposed Zoning Conditions	1.   Land use shall be limited to 20 single-family-detached residential units. 2.   To address the impacts on Chatham County schools reasonably expected to be generated by the development and use of the subject property, the property owner shall provide evidence, prior to recording any subdivision plats for the subject property, that shows a homeowners association has been established and restrictive covenants are recorded with the Chatham County Register of Deeds subjecting the whole of the development to an age restriction requirement such that at least eighty percent (80%) of all units (16 units if the property is developed with 20 units) shall be occupied by at least one person 55 or older.  Such restrictive covenants shall (i) comply with all federal and state laws, including the Fair Housing Act, and (ii) shall vest the responsibility and obligation for enforcing the age restriction in the homeowners association.  3.   A 20-foot streetscape planted or supplemented to meet the Type-A (opaque) standard of the LDO shall be provided along Pittard Sears Road. 4.   No reduction or modification to the LDO required width of the perimeter buffer may be requested during development plan review. 5.   The final plat shall designate a minimum of one acre to remain undisturbed, except as needed for utility easements, or as allowed by the LDO located as follows: a)   Outside of Perimeter Buffer b)   Outside of Urban Transition Buffer c)   Within 325 feet of western property line
Town Limits	The subject property is located outside of the Town of Cary corporate limits and ETJ. An annexation petition (10-A-15) has been submitted.  An annexation petition (10-A-15) was submitted by the applicant, and must be approved prior to action on the zoning request.
Valid Protest Petition	Protest petition is not applicable to map amendments that apply initial Town of Cary zoning to property.
Staff Contact	Debra Grannan Senior Planner (919) 460-4980 debra.grannan@townofcary.org

Stream, Floodplain or Wetland: None indicated on Town of Cary GIS maps. Final determination to be required during site plan review.

Surrounding Land Uses:
North – Single-family residential (Chatham County)
South – Single-family residential (Chatham County)
East – Carolina Preserve at Amberly (Phase 6) – (Town of Cary Rezoning Case 09-REZ-10, approved on December 10, 2009, allows development of up to 155 age-restricted single-family dwelling units).
West – Single-family residential (Chatham County)

Land Use
Single-family residential use is an allowable use in the TR zoning district.

Density and Dimensional Standards

	Existing Zoning District (Chatham County R1)	TR District	Proposed Zoning District (TR-CU)
Max. Gross Density	0.92 du/acre	7.26 du/acre	2.0 du/acre (based on proposed zoning condition limiting use to 20 single-family-detached lots)
Min. Lot Size	40,000 square feet	6,000 square feet
Minimum Lot Width	100 feet (single-family) 100 feet (duplex)	60 feet
Front Yard Setback	40 feet	· 10 feet if parking is not provided between the front of the dwelling and the roadway · 18 feet if parking is provided between the dwelling and the roadway
Side Yard Setback	25 feet	The minimum required side yard for either side yard is three (3) feet, and the combined total of both side yards is required to be a minimum of 16 feet.
Rear Yard Setback	25 feet	The combined total of the front and rear setbacks is required to be a minimum of 40 feet
Maximum Building Height	60 feet	35 feet

Streetscape
Pittard Sears Road is designated as a local street. The LDO does not require a streetscape along local streets. The rezoning request includes a zoning condition for a 20-foot opaque streetscape along Pittard Sears Road.

Perimeter Buffer
Per Chapter 7 of the LDO, a 30-foot Type B semi-opaque perimeter buffer is required where the adjacent land use includes residential lots larger than 8,000 square feet and the proposed use on the subject property is for single-family-detached residential lots 8,000 square feet or less. Proposed zoning conditions would prohibit the applicant from requesting a modification or reduction to the width of the perimeter buffer at the time of subdivision/site plan approval.

Traffic
The existing zoning would potentially allow nine single-family dwellings, which would generate seven trips during the a.m. peak-hour time period and 10 trips during the p.m. peak-hour time period using the ITE Single-Family Dwelling Unit category. The applicant has limited the maximum number of units to 20 age-restricted units for the proposed zoning. HNTB did a trip generation study of this particular use for the Pittard Sears Residential Development Traffic Study (10-TAR-314), using data from the Carolina Preserve since ITE does not have a use that fits this particular “age-restricted” single-family housing community. It was determined that a single dwelling unit in an “age-restricted” single-family community would generate 0.52 a.m. and 0.92 p.m. peak hour trips per dwelling unit. Therefore, a 20 unit “age-restricted” development would generate 11 trips during the a.m. peak-hour time period and 19 trips during the p.m. peak hour time period. Since the proposed zoning does not generate 50 or more peak hour trips over the existing zoning, a traffic study is not required.

Town Council Meeting (July 14, 2011)
The rezoning case was included on the consent agenda; however, action on the rezoning was premature since the subject property had not been annexed into Cary’s corporate limits. Both the annexation request and this rezoning case have been scheduled for the August 9, 2011 Town Council meeting.

There have been no changes to the proposed zoning conditions since the June 20, 2011 Planning and Zoning Board meeting.

Planning and Zoning Board Meeting (June 20, 2011)
Staff presented a brief review of the case and discussed the revised zoning condition pertaining to age-restricted housing. The board asked if staff was satisfied that the condition was enforceable, and staff indicated that it was. The Planning and Zoning Board recommended the case for approval 9-0.

Planning and Zoning Board Meeting (May 16, 2011)
Staff presented the request and observed that, based on the conditions proposed by the applicant, especially to provide one acre of open space and to limit the number of dwelling units, the proposed zoning was consistent with the Comprehensive Plan and other applicable, adopted plans, policies and documents. The applicant spoke briefly and concurred with the staff comments.

Discussion: The board asked for clarification on the findings of how the plan was consistent with the Comprehensive Plan. There was discussion about the challenges with enforcement for age-restricted neighborhoods and several board members felt that more specific language needed to be added to strengthen the condition. The applicant stated they were agreeable to modifying the condition. The majority of the board members stated that they wanted to see how the language would be crafted regarding this condition before making a recommendation, and the board voted 6-3 to table the case.

Changes Since the Town Council Meeting
The Comprehensive Plan Amendment (10-CPA-10) associated with this case was approved by Town Council on April 28, 2011 changing the Land Use Designation from Very Low Density Residential to Low Density Residential. The proposed zoning conditions have been clarified in the staff report.

Town Council Public Hearing on January 27, 2011
The applicants’ representative, Ms. Glenda Toppe, summarized the plan amendment request for council. She noted that the request was consistent with the latest proposed draft of the Chatham-Cary Joint Land Use Plan. No other citizens spoke during the public hearing.

Notification
On January 12, 2011, the Planning Department mailed notification of a public hearing on the request to property owners within 400 feet of the subject property. Notification of the proposed rezoning and Comprehensive Plan Amendment was also sent to the Chatham County Planning Department. Notification consistent with the NC General Statutes was published in the Cary News on January 12 and 19, 2011. Notice of the public hearing was posted on the property January 12, 2011.

Neighborhood Meeting
A neighborhood meeting is not required for requests that apply initial Town of Cary Zoning. However, according to the applicant a neighborhood meeting was conducted with 13 residents attending. Notification of the meeting was sent to the owners of 13 parcels within 400 feet of the site. Minutes of the November 15, 2010 meeting were prepared by the applicant.

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.

A. Land Use Plan
The subject parcel is located in Chatham County, within the boundaries of Cary’s Northwest Area Plan, The parcel is also within the study area for the draft Chatham-Cary Joint Land Use Plan, which has not yet been completed, nor officially adopted. Both plans are discussed below.

Current Land Use Plan Designation, Northwest Area Plan:
The Future Land Use Map of the Northwest Area Plan designates the subject parcel as “Low Density Residential” (LDR). LDR is defined as single-family at densities ranging from about 1-3 dwellings per acre, with lot sizes of between approximately 10,000 square feet and one acre. The plan does, however, state that: “Smaller lot sizes and single-family-attached housing are possible when using clustered/conservation development designs, although the overall density should not exceed 3 dwellings per acre.” 

Current Land Use Plan Designation, Draft Chatham-Cary Joint Land Use Plan:
The draft plan currently recommends that the subject parcel, along with the neighboring properties having frontage on the west side of Pittard Sears Road, be developed as single-family residential at a density of one to two dwellings per acre. (High-resolution large-file plan map available here.)

Analysis: With respect to overall density, the proposed zoning conforms to both the Northwest Area Plan and the latest draft of the Chatham-Cary Joint Land Use Plan, since the maximum number of dwelling units is limited to 20.

B. Parks & Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site. A recreation payment-in-lieu will be required for any future residential development in accordance with the Land Development Ordinance.

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.

Analysis: The proposed rezoning furthers several of the guiding principles. Principle R1 is satisfied due to the proximity of public utilities and planned highway capacity in the area. Principle L1 is satisfied given that the subject parcel is located about two miles west of the western boundary of Research Triangle Park (RTP), and about one mile west of the Alston Regional Activity Center. Guiding Principle L2 is furthered somewhat by the proposed zoning condition providing for an additional acre of permanent open space, in addition to the regulatory open space and buffers. Guiding Principle A1 may be considered to be satisfied since in general the Northwest Area Plan is based on a premise of encouraging higher densities near RTP.

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.

Analysis: The proposed zoning may somewhat help to further the first of the above housing goals by providing housing for individuals aged 55 and over.

E. Comprehensive Transportation Plan

Pittard Sears Road is designated as a Local Street.
Existing Section: 2-lane section (shoulder, no curb & gutter) with approximately 26-foot roadway section on 50-foot right-of-way
Future Section: 2-lane section with curb & gutter with 27-foot roadway section on 50-foot right-of-way
Sidewalks: None existing. Sidewalks are recommended on at least one side (preferably south/east side to connect to Pittard Sears Multi-use Trail between American Tobacco Trail and McConnell Lane just south of subject property)
Bicycle Lanes: None existing or planned
Transit: No existing or planned service
Status of Planned Improvements: None planned

F. Open Space Plan
According to the Open Space Plan, the majority of the subject property was identified as significant open space due to the forest stand of mixed hardwood & conifer forest on site. In terms of resource priority, this forest land was assigned a relatively modest priority score, ranking in the bottom third of identified priority natural resources. There is an exception to this at the western edge of the property, where a small area of riparian forest is ranked in the top quarter of identified priority resources.

G. Historic Preservation Master Plan
There are no existing buildings on the subject parcel.

STAFF OBSERVATONS

• The applicant proposes a limit of 20 single-family-detached units on the subject property, which produces a calculated gross density of two (2) dwelling units per acre.

• The proposed zoning is TR-CU. The minimum lot size under TR zoning is 6,000 square feet. Theoretically, the TR district allows density up to 6.0 d.u./acre.

• Based on materials submitted by the applicant with the rezoning request, the overall property is approximately 10 acres in size, with approximately 1 acre within a resource buffer. In addition to this area, the requested rezoning proposes to include (as conditions) approximately one (1) acre of open space, and a 20-foot-wide streetscape on a road that would not otherwise require a streetscape under the Town’s LDO. Based on Town GIS maps, the depth (east-to-west) of the subject property is approximately twice as long as the width (north-to-south).

• Based on the proposed total number of dwelling units allowed and the gross acreage of the subject property, the resulting potential density yield of 2.0 d.u./acre is consistent with the corresponding Land Use Plan Map designation of LDR. This is supported by the “Analysis” statement in Section A of the “Comprehensive Plan Conformance and Analysis” section of this staff report.

• Section A of the “Comprehensive Plan Conformance and Analysis” section of this staff report also indicates that the Land Use Plan designation of LDR typically contains lot sizes between 10,000 square feet and 1 acre, and that smaller lot sizes and single-family-attached housing are possible when cluster/conservation development design are utilized, although overall density should not exceed 3 units per acre. At this time, the draft Joint Chatham-Cary Land Use Plan focuses only on density, not lot size. The proposed request does not address the specific type of development design that will be used.

• Based on the maximum number of units proposed and the gross acreage of the subject property, the request meets the density aspect of the Land Use Plan. With respect to lot size, based on the conditions proposed by the applicant with respect to buffers and open space, the resulting density limit, and the existing shape of the subject property (described above), on balance the requested zoning of TR-CU is consistent with the Land Use Plan.

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 buffered areas of the site provide an excellent transition to the adjacent parcels.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
Response: The request is not compatible with the adopted Land Use Plan. However the proposed density is consistent with the draft Chatham County-Cary Joint Land Use Plan.

3. What are the benefits and detriments to the owner, neighbors and the community?
Response: The proposed density conforms to the draft Chatham County-Cary Joint Land Use Plan. The Plan uses Pittard Sears road as the dividing line between the higher density residential in the Amberly PDD and the lower density envisioned on the west side of Pittard Sears Road. The buffered areas of the parcel will provide protection to the adjacent property owners. To further minimize the impact on the community, the residential use is limited to age-restricted housing.

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 allowable use in the proposed rezoning is single-family residential, age restricted. The current uses on the adjacent tracts are also single-family residential and age-restricted. The proposed use is compatible with the existing uses. Good land use planning principles typically support the development of this type of use in this type of location. The interests of the residential property owners will be adequately protected by the provisions of the LDO and the conditions of the rezoning.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.
Response: N/A

ORDINANCE FOR CONSIDERATION

10-REZ-14 Davis Residence Holding, LLC

AN ORDINANCE TO APPLY INITIAL TOWN OF CARY ZONING TO APPROXIMATELY 10.10 ACRES LOCATED ON THE WEST SIDE OF PITTARD SEARS ROAD APPROXIMATELY 2200 FEET SOUTH OF O’KELLY CHAPEL ROAD OWNED BY DAVIS RESIDENCE HOLDING, LLC & HF INVESTORS, BY REZONING FROM CHATHAM COUNTY R1 TO TRANSITIONAL RESIDENTIAL CONDITIONAL USE (TR-CU) AND JORDAN LAKE WATERSHED OVERLAY DISTRICT.

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	Chatham County Parcel Number (10-digit)	Real Estate ID(s)	Deeded Acreage
Davis Residence Holding, LLC & HF Investors	0726-30-4388	0084836	10.10
Total Area			10.10

Section 2: That this Property is rezoned from Chatham County R1 to Town of Cary TR-CU and Jordan Lake Watershed Overlay District 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 mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

1.   Land use shall be limited to 20 single-family-detached residential units.

2.   To address the impacts on Chatham County schools reasonably expected to be generated by the development and use of the subject property, the property owner shall provide evidence, prior to recording any subdivision plats for the subject property, that shows a homeowners association has been established and restrictive covenants are recorded with the Chatham County Register of Deeds subjecting the whole of the development to an age restriction requirement such that at least eighty percent (80%) of all units (16 units if the property is developed with 20 units) shall be occupied by at least one person 55 or older.  Such restrictive covenants shall (i) comply with all federal and state laws, including the Fair Housing Act, and (ii) shall vest the responsibility and obligation for enforcing the age restriction in the homeowners association. 

3.   A 20-foot streetscape planted or supplemented to meet the Type-A (opaque) standard of the LDO shall be provided along Pittard Sears Road.

4.   No reduction or modification to the LDO required width of the perimeter buffer may be requested during development plan review.

5.   The final plat shall designate a minimum of one acre to remain undisturbed, except as needed for utility easements, or as allowed by the LDO located as follows:
a)   Outside of Perimeter Buffer
b)   Outside of Urban Transition Buffer
c)   Within 325 feet of western property line

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: DATE

_______________________________________
Harold Weinbrecht, Jr.
Mayor

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Date