TOWN OF CARY
REQUEST FOR REZONING / LAND USE PLAN AMENDMENT
TOWN COUNCIL IMPACT STATEMENT (NOVEMBER 21, 2002)
02-REZ-14 – 3624 KILDAIRE FARM ROAD

PETITIONER

PROPERTY OWNER

Thaddeus H. & June L. Busbice
3624 Kildaire Farm Road
Apex, NC 27502-8138

(919) 362-0833

 

Thaddeus H. & June L. Busbice
3624 Kildaire Farm Road
Apex, NC 27502-8138

(919) 362-0833

LOCATION:

3624 Kildaire Farm Road, Apex, NC

MAPS:

Vicinity Map - Small
Vicinity Map - Large
Zoning Map
Open Space
Land Use Plan Map
Stream Buffers
Town Council Vicinity

In Town Limits [ ] Cary Planning Jurisdiction (ETJ) Only [ ] Annexation Pending [ X ]

 

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

August 22, 2002

PLANNING & ZONING BOARD:

October 21, 2002

TOWN COUNCIL:

November 21, 2002

 

PARCEL INFORMATION

Parcel #

Realid #

Area

076001090113 (part)

0055393 (part)

8.75 acres of 54.94 acres

 

REZONING DATA
 

CURRENT

PROPOSED

Zoning:

Residential 30 (Wake County)

Residential-10 CU

Overlay District:

N/A

N/A

Land Use:

Agricultural - Farm

Residential single-family not to exceed 2.7 units per acre (24 dwelling units).

 

REZONING CONDITIONS

CURRENT

PROPOSED

N/A

1. The density for this site shall not exceed 2.7 units per acre.
 

2. There will be a street stub to the northeastern boundary of the property located in an environmentally suitable location.
 

3. Storm drainage pipe systems from the rear of Windermere lots 68 and 69 and lots 71 and 72 shall be extended with underground pipes as part of the development of this property. These systems shall be located underground.
 

4. A roadway will not be located directly adjacent to the western property line of Windermere and Treyland Estates Subdivision.
 

**NOTE: All items in bold have been added since the public hearing.

 

REZONING HISTORY

N/A

 

SITE DATA

WATER/SEWER SERVICE

Staff Remarks:

The proposed water and sewer plan meets current Town utility policies and standards.

 

TRANSPORTATION

Traffic Impact Analysis Required: Yes [ ] No [ x ]

The 24 dwellings units will generate 230 trips per day. The AM peak hour is 18 trips and the PM peak hour is 24 trips. No traffic study required.

 

ENVIRONMENTAL CONSIDERATIONS

This project meets all of the requirements of the Town of Cary Stormwater Section.

 

WAKE COUNTY SCHOOL CAPACITY IMPACTS:

Current Enrollment
Area Schools

Building Capacity

Percent occupied

Projected Number of Additional Students

Elementary

14,909

13,127

113.6%

4

Middle

7,596

6,456

117.7%

2

High

5,629

5,100

110.4%

3

Total for all Area Schools

28,134

24,683

114%

9

Preschool

5

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2001. School assignment will be determined at the time of development. A list of individual area schools can be found for review: School Data

ADJACENT ZONING AND LAND USES
 

Zoning:

Land Use:

North:

Residential Multi Family-12 CU

Vacant Land
Ten Ten Road

South:

Residential-10 CU

Windermere Subdivision

East:

Exempt Land

Holiness Church of Cary

West:

Residential-10 CU
Residential (Wake County)

Windermere Subdivision
Residential

 

TOWN OF CARY FUTURE LAND USE PLAN DATA
 

CURRENT

PROPOSED

Plan Designation:

Low Density Residential
(1-3 units per acre)

No Change

Alternate Designation:

None

No Change

Activity Center:

None

No Change

COMPREHENSIVE PLAN ANALYSIS

LAND USE PLAN AMENDMENT HISTORY: None.

COMPLIANCE WITH THE TOWN OF CARY COMPREHENSIVE PLAN:

Suitability of the Location for Low Density Housing: The Land Use Plan recommends that the entire 55 acre parcel (of which this 8.75 acre portion is only a part) be low density single-family residential, with a density of 1 to 3 dwellings per acre and an average minimum lot size of about 12,000 sq. ft. This rezoning is consistent with those recommendations.

Design Observations: While the proposed use of the site is consistent with the Cary Land Use Plan, it is likely that this property can only be developed for single family lots if a single-loaded street is run north-south through the rezoned tract (a single-loaded street has homes fronting only on one side of the street). If such a road were run parallel and adjacent to the western property boundary, it would run against the rear of the home lots in Treyland Estates and Windermere subdivisions, causing those lots to be squeezed between two roads (i.e., the back yards of those homes will face a road, rather than another home’s back yard). To address this situation, a buffer should be provided between any lots in Treyland Estates and Windermere and any road running adjacent to the Treyland/Windermere property line.

 

OPEN SPACE CONSIDERATIONS

None. Parcel has no significant resources identified in the Open Space and Historic Resources Plan.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

A land dedication or payment-in-lieu will be required for all residential subdivided property.

STAFF ANALYSIS

Changes Since Public Hearing: The following conditions have been added since the public hearing:

  • Storm drainage pipe systems from the rear of Windermere lots 68 and 69 and lots 71 and 72 shall be extended with underground pipes as part of the development of this property. These systems shall be located underground.
  • A roadway will not be located directly adjacent to the western property line of Windermere and Treyland Estates Subdivision.

Protest Petition Information:

Valid (within100 ft) [ ] Invalid (first time rezoning in the city) [x] None Filed [ ]

Analysis:

Although this request is consistent with the land use plan, the applicant is only requesting to rezone and annex 8.75 acres of the 54.94-acre parcel that he own. Failure to annex the entire parcel will result in an island that the town would not be able to involuntarily annex in the future. It is noted that the applicant did previously annex a strip on land along the front of this tract at the request of the town to provide a contiguous boundary and a sewer easement to the Windermere subdivision. It would be desirable for this entire tract to be annexed or at a minimum, for a future annexation agreement to be in place on the remainder of the tract.

At the public hearing concerns were raised concerning stream buffers in the general area of this site. A field determination was conducted by the Division of Water Quality and it was determined that there is no stream buffer located in the development area on this portion of the site.

With the evaluation of this above issues staff has identified a list of pros and cons concerning this rezoning case.

Pros:

  • The proposal is for low-density development, which is consistent with the land use plan.
  • Low traffic generator.
  • The project meets the stormwater requirements.
  • The project meets the utility requirements.
  • No significant resources are located on the site.

Cons:

  • The applicant owns the entire 55-acre parcel but is only proposing to rezone and annex the rear 8.75-acre area. Because we are extending utilities to this tract, it would be preferable to have the entire tract rezoned at one time, rather than piecemeal.
  • It would be desirable to have the entire tract come in as one development rather than for the back portion to be split off, as this project proposes.

 

STAFF RECOMMENDATION

Staff recommends approval provided that the applicant requests annexation of the entire 54.94-acre tract, or at a minimum agrees to provide a future annexation agreement for the remaining area of this tract.

 

PLANNING AND ZONING BOARD RECOMMENDATION

Board voted (8-1) to forward to Council for approval based on staff’s recommendation with Mr. Broderick having the dissenting vote.

 

TOWN COUNCIL RECOMMENDATION
Council voted to approve.

 

Information regarding this rezoning case will be on the Internet one week prior to the public hearing. Our Internet address for this case is http://www.townofcary.org/depts/dsdept/P&Z/rezonings/2002cases/2002index.htm