TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO 
TOWN COUNCIL

REZONING PETITION:   05-AC-007 Northwoods Activity Center Concept Plan (ACCP) Amendment 

This request is to amend the Activity Center Concept Plan to include a proposed subdivision of twelve (12) single family residential lots on 2.70 acres.  The minimum lots size will be 5,000 sf and the overall density is 4.4 units per acre.  The development proposal also includes 2.04 acres of open space.  

LAND USE PLAN AMENDMENT:  A Land Use Plan Amendment is not required.  

LOCATION OF PROPERTY: Vicinity map
604 Reedy Creek Road 

APPLICANT: 
Glenda Toppe
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
(919) 851-7150
FAX (919) 851-7547
gtoppe@jerryturnerassoc.com 

TOWN OF CARY CASE MANAGER: 
Philip Smith, Long Range Planning Manager
Phone:  (919) 469-4029
E-mail:  philipsmith@townofcary.org

MEETING SCHEDULE:   

TOWN COUNCIL PUBLIC HEARING – September 8, 2005
Action:  The Town Council forwarded this request to the November 21, 2005 Planning and Zoning Board (7-0) on September 8, 2005.

PLANNING & ZONING BOARD – November 21, 2005
Action:  The Planning and Zoning Board recommended approval (5-3)  

TOWN COUNCIL ACTION – March 9, 2006 (Item tabled from December 15, 2005 at applicant’s request and delayed at February 9, 2006 meeting to add new condition.  Item tabled again at February 23, 2006 meeting at applicant's request.)
Staff Recommendation:  Staff recommends approval of the request.

NEIGHBORHOOD CONCERNS: 

A valid protest petition has been received requiring a super majority vote of Town Council in order to approve this request.  The concerns expressed in the protest petition include:  

1)   The proposed density of 4.4 units per acre does not match that in the adjacent established neighborhood to the east.   

2)   The proposed buffer is too small and the existing hardwoods in the buffer should remain.  [Note:  Since the public hearing the applicant has increased the buffer width from 20 ft to 30 ft. based on the requirements of the Land Development Ordinance.]

3)   Neighboring residents expressed concerns about the type and quality of a park planned for this area.  [Note: The Parks Department has indicated they are not interested in this parcel for a neighborhood park. The development is requested to pay a recreation payment-in-lieu for the value of approximately 0.34 acres instead]

4)   There were concerns expressed about potential stormwater runoff from this development. 

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING:   

In response to comments generated through staff’s evaluation by the Development Review Committee, the applicant modified the concept plans as follows:

1. The buffer along the eastern property boundary was increased from 20 foot to a 30 foot Type A buffer.  (The previous condition was for a Type B buffer and has subsequently been increased to a Type A buffer.)
2. A 30-foot streetscape adjacent to Maynard Road was established.  Existing trees will remain with the addition of understory plantings.  If existing vegetation is removed due to grading, the 30-foot streetscape will be planted to meet a Type C buffer standard.
3. Justification was provided for meeting the criteria of LDO Sec. 8.1.5(c)(2) for permitting flag lots:

(a)      Flag lots are needed to eliminate additional access onto Maynard Road.

(b)      Flag lots are needed to utilize irregularly shaped land.

(c)      Flag lots are needed to utilize land that is affected by required stream buffers.

4. The pavement area of the large cul-de-sac servicing the development was reduced by providing a center landscaping area. 

PLANNING AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS: After a discussion regarding the buffers, connectivity issues and other specifics of the proposed concept plan, the P&Z Board recommended approval of the request.

The Planning and Zoning Board voted 5 to 3 to recommend approval of the request.  

Concerns Discussed: 

• Connectivity- Can connections be provided to either the Ardmore townhomes to the north or Medfield Estates to the east?  Connections to Ardmore would require the crossing of a protected stream buffer.  All adjacent lots in Medfield Estates are already developed except one.  The applicant reported that he had inquired about purchasing this lot but that it had recently been sold for a single family home.  
• Buffers- What type of buffer would be required to adjacent property?  The Land Development Ordinance requires a 30 ft Type B buffer between single family developments when one development has lots of less than 8,000 sf is adjacent to a development with lots greater than 8,000 sf.  Wider buffers than those required by the LDO were discussed but due to the narrow width of the parcel any additional buffer width restricts the building envelope of the proposed lots.  
• Flag Lots – Board members discussed whether there were any alternatives to the proposed flag lots.  Flag lots are discouraged by the LDO but may be permitted with justification.  After reviewing alternatives with the applicant, staff believes that the flag lots are justified in this case due to the shape and size of the parcel, limited access to Maynard Road and addressing and service concerns for emergency vehicles. 
• Residential Use – Would office be a better use for the property than residential?  The existing concept plan for this parcel shows an office development.  The applicant has indicated that a full service access from Maynard Road is unlikely making office development difficult.  Additionally office uses in this location would be somewhat isolated as residential uses already exist to the north and east, and residential uses are planned for the property to the west.  

Reasons for majority vote: 

·     The majority vote was made in recognition that the size and shape of the parcel and limited access to Maynard Road favored residential development.  Further, the medium density product being proposed is in conformance with the standards of an activity center.

Reasons for Dissenting Vote: 

·     The dissenting members expressed concerns that the buffers needed additional consideration and that office was a better use for this parcel than residential.  

CHANGES SINCE THE PLANNING AND ZONING BOARD MEETING:   

After further meetings with the residents of Medfield Estates, the applicant has submitted a revised condition to provide a 30-foot Type A Buffer adjacent to the eastern property boundary.  This exceeds the 30-foot Type B buffer that is required by the Land Development Ordinance. Staff has been informed that with the acceptance of this new condition that the valid protest petition will be dropped.  

STAFF RECOMMENDATION:  Staff believes that this request adequately meets the approval criteria for Activity Center Concept Plans set forth in the Land Development Ordinance (4.4.2(J)) and recommends approval.

Staff makes the following findings regarding this matter:  

Section 4.4.2(J), Criteria for approval of an ACCP

(1)  The ACCP has been prepared consistent with the requirements of this Section and the Cary Comprehensive Plan.  This amendment to an approved ACCP contains all information required by the LDO for submittal of an ACCP request.  The provision of medium density housing meets an objective of the Land Use Plan for neighborhood activity centers.

(2)  The ACCP includes an appropriate mix of land uses for the overall activity center, including residential, commercial, office, and institutional uses.  The property covered by this ACCP is only a portion of the activity center quadrant that contains a mixture of residential types.  This property is proposed for residential use which seems appropriate given the small size of the parcel, the surrounding uses and the lack of a full service access to Maynard Road.

(3)  The ACCP will meet or exceed Town design guidelines and other established Town standards. The ACCP will comply with Activity Center Design Guidelines, Cary Design Guidelines, and Cary’s Community Appearance requirements.

(4)  The ACCP includes both medium and higher-density housing.  This ACCP proposes a medium density residential development of 12 units on 4.74 acres with a gross density of 4.4 units per acre. 

 (5)  The ACCP demonstrates that there has been participation by residents, by property owners in the surrounding neighborhoods, and by the Town, so that the proposed development specially responds to the unique conditions of the area.  This ACCP has been modified based on input from property owners in the adjacent neighborhood and by the Town to increase the buffer adjacent to Medfield Estates from a Type B to a Type A buffer and reduce impervious surfaces within the cul-de-sac. 

ZONING:  

Current:  Office and Institutional (O & I), Neighborhood Activity Center Overlay District (ACOD)
Proposed:  No change proposed.  Office and Institutional (O & I), Neighborhood Activity Center
Overlay District (ACOD)  

APPLICANT’S JUSTIFICATION STATEMENT (July 25, 2005):   

The proposal is to submit an ACCP for the portion of the property east of NE Maynard Road.  The use proposed is single-family small lots and is permitted within the ACOD.  The density will exceed 3.1 DU/AC.  No land use plan amendment is needed.  

TOWN OF CARY LAND USE PLAN DESIGNATION:  Land Use Plan map

Current:  Office and Institutional (O&I)
Proposed:  Office and Institutional (O&I)

ADJACENT ZONING & LAND USES:  Zoning map

North:

Existing Use:  Residential Townhome Development (under construction)

Existing Zoning:  Office and Institutional (O & I), Neighborhood Activity Center Overlay District (ACOD)

Existing Land Use Plan Designation:  Office and Institutional (OFF/INS)

East:

Existing Use: Single Family Residential

Existing Zoning:  Residential 20 (R20)

Existing Land Use Plan Designation:  Low Density Residential (LDR)

South:

     Existing Use:  VFW Hall

     Existing Zoning:  Office & Institutional (O&I)

     Existing Land Use Plan Designation:  Office & Institutional (OFF/INS)

West:

     Existing Use: Vacant

     Existing Zoning:  Transitional Residential (TR)

     Existing Land Use Plan Designation:  Medium Density Residential (MDR

Parks & Greenways:  According to the Parks, Recreation and Cultural resource Facilities Master Plan, a neighborhood park is needed in this area of town.  A payment-in-lieu for the value of approximately 0.34 acres will be required if approved.
Parks & Greenways map

Traffic Impact Analysis:  The proposed twelve lots would not generate sufficient daily trips to require a Traffic Impact Analysis.

Reference Information:

Schools:  The school information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2004 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors.  

Development Plan Issues:   

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http:vic.townofcary.org.