STAFF REPORT

Town Council Meeting, January 28, 2010

LDO Amendments – Round 13, Item J(PL10-006h)
Consideration of a proposed amendment to the Land Development Ordinance pertaining to low-density residential use in the Town Center.

Speaker: Ms. Debra Grannan

From: Jeffery G. Ulma, AICP, Planning Director

Prepared by: Debra Z. Grannan, Senior Planner

Approved by: Benjamin T. Shivar, Town Manager

Approved by: Michael J. Bajorek, Assistant Town Manager

Executive Summary:

This is a request by the Town of Cary to create a new, low density residential subdistrict within the Town Center Zoning District. The Town Council authorized the initiation of this text amendment at the Council meeting of September 24, 2009.

Eleven proposed Round 13 LDO amendments were presented for public hearing on October 22, 2009. After receiving a unanimous recommendation for approval from the Planning and Zoning Board, seven of the Round 13 Items were presented to Town Council on January 14, 2010 for final action. Three of the remaining items, including this Item 13J, did not receive a unanimous recommendation for approval from the Planning and Zoning Board and are being presented to the Town Council for final action on January 28, 2010. One item (item 13F-Signs) was modified after the initial public hearing and a second public hearing was conducted on January 14, 2010.

Schedule for LDO Amendments- Round 13, Item 13J:

This is a request by the Town of Cary to create a new low density residential subdistrict within the Town Center Zoning District. The Town Council authorized the initiation of this text amendment at the Council meeting of September 24, 2009. The action was taken in response to a petition from residents of the Russell Hills neighborhood, concerned over the greater residential intensity and the reduced setbacks permitted by the Town Center-Low Density Residential (TC-LDR) District as compared to the existing development patterns in the neighborhood. There is a rezoning case, 09-REZ-13 being considered in conjunction with this amendment

Town Council Public Hearing

Public hearing discussion related to the possibility of rezoning a portion of Russell Hills to the new zoning district. No changes to the proposed ordinance text were suggested.

Planning and Zoning Board Work Session

There were questions and discussion regarding the potential for rezoning areas other than Russell Hills to the proposed district. Staff indicated that a rezoning could be requested by the property owner or others. Staff would provide information to the P&Z Board and to Town Council on how the request complied with the requirements of the LDO and, property owners could submit a protest petition if they opposed inclusion of their property in a rezoning petition.

Changes Since Planning and Zoning Board Work Session

The proposed front-yard setback was changed from 40 feet to 30 feet to be more consistent with other Town of Cary residential zoning districts and to reduce the potential number of nonconforming structures.

Planning and Zoning Board Meeting and Recommendation

Some board members felt this proposal creates a “special” zoning district that would be better enforced by Home Owner Association by-laws. Staff explained that the Town only has authority to enforce zoning conditions and that the Town would not be involved with legal analysis of the private covenants. Ms. Rudy reported that the Town Center Review Committee had reviewed the proposed amendment. A straw poll had been conducted and three members were in favor, one was opposed and one was undecided. It was noted that new homes that met requirements of the new district could still be out of character with the existing neighborhood since the amendment pertains only to dimensional requirements associated with lots. There were questions by the board regarding the extent to which further subdivision of lots could occur based on the current zoning requirements. Staff noted that there were limitations based on lot size and lot width, but that the effects of other constraints such as stream buffers were not evaluated by staff.

The Planning and Zoning Board recommended approval of the proposed amendment by a vote of 5-2. There was some discussion of the potential for the district to be applied in other parts of the Town Center, and the effect on development density.

CHAPTER 5 - USE REGULATIONS

5.1 Tables of Permitted Uses

LINK: Table 5.1-2 Table of Town Center (TC) District Uses

CHAPTER 6 – DIMENSIONAL STANDARDS AND MEASUREMENTS

6.1.3 Town Center District

The density and dimensional requirements for the TC district are set forth in the following table:

LINK: Table 6.1-2 Table of Density and Dimensional Standards %u2013 Town Center District

Fiscal Impact: Implementation of the proposed amendment can be absorbed by existing staff.

Staff Recommendation: Staff recommends approval of LDO Amendments Round 13, Item J.