TOWN OF CARY

REQUEST FOR REZONING 

PLANNING AND ZONING BOARD RECOMMENDATION TO TOWN COUNCIL

STAFF CONTACT:  Chris Brown, Senior Planner

                              (919) 460-4980

Rezoning Petition 03-REZ-13
Request This request calls for the construction of 449 single family detached units and 141 attached multi family units (590 total units) on 327 acres for a total density of 1.8 units per acre.  This request is consistent with the Land Use Plan, the Northwest Area Plan and the Draft of the Southwest Area Plan. The request also allows for 79 acres of open space and 58 acres for a school/church complex.  The changes that have made since the public hearing are listed above.

 

Meeting Date Recommendation Action
Town Council Public Hearing September 11, 2003 Table to October 23, 2003 Town Council Meeting Tabled until October 23, 2003 Town Council Meeting
October 23, 2003 Table to November 13, 2003 Town Council Meeting Tabled until November 13, 2003 Town Council Meeting
November 13, 2003 Table to December 11, 2003 Town Council Meeting Tabled until  December 11, 2003 Town Council Meeting
December 11, 2003 Forward to January 20, 2004 Planning and Zoning Board Meeting Forwarded to January 20, 2004 Planning and Zoning Board Meeting
Planning and Zoning Board January 20, 2004 Table to February 16, 2004 Planning and Zoning Board Meeting Tabled until February 16, 2004 Planning and Zoning Board Meeting
February 16, 2004

Staff Recommendation:  Forward to March 15, 2004 Town Council for approval based on the conditions proposed by the applicant and the following conditions:

  • Parcels SF-8 and SF-9 shall be designated as potential park use

  • Private trail connections from SF-4, 5, 6 and 7 to the proposed greenway will be provided

  • Road connection between Parcel SF-1 and the proposed Godwin-Jones project to the east will be provided

Planning and Zoning Board Recommendation:  Forward to March 15, 2004 Town Council for approval based on staff recommendations by a vote of 4-4.

Forwarded to March 15, 2004 Town Council for approval based on staff recommendations by a vote of 4-4.

Town Council Action March 11, 2004 Staff recommends approval based on the following: 
  • Consistent with the Northwest Area Plan
  • Consistent with the drafted Southwest Area Plan
  • Good transition from higher to lower densities in the Southwest Area Plan.
  • Provides a school site to increase school seats for future residents.
  • Provides additional open space above the normal requirements.
  • Provides for potential additional dedicated park land.
  • Provides  for a coordinated greenway connection to the American Tobacco Trail.
 Tabled until March 23, 2004 Town Council Meeting
March 23, 2004 Approved

 

Applicant Owner

Glenn Futrell, Allen & Teresa Phillips, Richard A. Paton, F. Joseph Gossman, (Bishop, Glenn Futrell & Jihad Libbus, William & Joan Yates, William Yates & Jeanette Cash, Lola S. Yates Heirs (c/o) William Yates, George V. & Eva Yates, Mozelle C. Yates Estate  

Contact:

Charles R. Smith, Withers & Ravenel

Phone:  469-3340

Glenn Futrell, Allen & Teresa Phillips, Richard A. Paton, F. Joseph Gossman, (Bishop, Glenn Futrell & Jihad Libbus, William & Joan Yates, William Yates & Jeanette Cash, Lola S. Yates Heirs (c/o) William Yates, George V. & Eva Yates, Mozelle C. Yates Estate  

 

Location Maps

Properties are located in Wake and Chatham Counties near Yates Store Road between Cary Park , Amberly, and the American Tobacco Trail.

Large Vicinity Map

Land Use Map

Zoning Map

Illustrative Plan

 

Project Description 

The proposed project is a mixed use development located in the northwestern portion of Cary, along Yates Store Road, between New Hope Church Road and Green Level Church Road and is just west of the previously approved Cary Park.  The project would encompass 327 acres of which 198 are in Wake County and 129 in ChathamCounty.   As proposed, 141 multi-family units and 449 single family units will be constructed for a residential total of 590 units.  In addition to the residential component, a 1500 student private high school, a 500 student K-8 school and a 1000 seat church were also proposed.

The project contains the following conditions:  

1.       All acreages are preliminary until final surveying takes place during the construction drawing phase of development. Exact stream locations, 100-year floodplain delineation, street alignments, etc. will cause acreages to vary slightly.

2.       All types of buffers and streetscapes shall be as specified in the Open Space Definitions (see 3.1) and shall not be subject to any code changes. No additional streetscapes or buffers shall be required.

3.       Within non-residential parcels, there shall be no interior buffers or setbacks between separate buildings, even if under separate ownership.

4.       All building setbacks shall be as specified in this document and shall not be subject to any code changes.

5.       No building or parking setbacks shall be required against buffers, portions of buffers, streetscapes and any type of open space unless existing vegetation will remain.

6.       All building setbacks may be reduced a maximum of 10% by Town of Cary staff.

7.       No additional recreational space or open space beyond what is specified in this document shall be required of any parcel.

8.       The proposed street layout may vary due to topography and building configurations. However, the general layout will remain the same.

9.       Final parcel acreages may vary during final site design. Densities for the residential parcels are considered to be maximums and the resulting number of units for each parcel may slightly vary once final parcel acreages are established.

10.   20’ perimeter buffers are not required within residential parcels if off-site adjacent properties develop first.

 

The following conditions were added March 12, 2004:

1)         The Yates Store Road Streetscape (as defined by Section 7.2.4 of the Cary LDO) shall be 50’ and shall be supplemented to meet the following standards:  

a)   1 canopy tree (with a minimum 2 ˝” caliper and 12’ to 14’ height at time of installation) every 35 linear feet made up of, but not limited to: red maple, sugar maple or willow oak;

b)   1 understory tree every 20 linear feet at a minimum 2” caliper at time of installation;

c)   5 evergreen trees per 100 linear feet (with a minimum 4’ to 5’ height at time of installation) made up of, but not limited to: cryptomeria, Leyland cypress, or southern magnolia;

d)   7 evergreen shrubs per 100 linear feet (with a minimum 24” to 30” height at time of installation) made up of, but not limited to: burford holly, wax myrtle, Nellie Stevens holly or ligustrum.

e)   In addition to the above requirements where no trees presently exist and where topography allows, an earthen berm may be located with a minimum height of 3’ to 4’. This will not be a continuous berm and will be free form and more aesthetic and natural in appearance (as opposed to straight lines and steep slopes)

Note:    Supplemental plantings shall be planted as to create a natural appearance (as opposed to planting in rows) using a variety of plants referred to above. Plantings will be field located with consideration given to slope, sunlight, existing trees, etc.

Stormwater

In addition to the design requirements prescribed by the NCDENR Stormwater Best Management Practices Design Manual all BMP’s that are required to provide 85% suspended solids removal shall provide peak flow attenuation up and including the 5-year design storm for the areas tributary to the basin.

Protest Petition Information:

Valid [ ]    Not Enough Signatures with 100 feet [X]    None Filed [ ]

 

Parcel Maximum Denisty (Du/Ac) Acreage Total Units Minimum Lot Size (sf)

SF1

2.8

 27.54 77 9,200, with a typical lot size of 10,000
SF2 2.8 9.09 25 9,200, with a typical lot size of 10,000
SF3 2.0 15.6 31 14,400, with a typical lot size of 15,500
SF4 2.0 42.13 84 14,400, with a typical lot size of 15,500
SF5 3.0 36.71 110 7,700, with a typical lot size of 9,600
SF6 1.8 8.19 41 5,000 with a typical lot size of 5,500
SF7 1.8 9.44 16 18,000 with a typical lot size of 20,000
SF8 1.8 16.56 30 18,000 with a typical lot size of 20,000
SF9 1.8 19.3 35 18,000 with a typical lot size of 20,000
AR1 8.0 17.67 141  
Residential Totals 1.8 201.73 590  
Major R-O-W   11.84    
Open Space   55.09    
S1 This portion of the project includes 58.55 acres primarily in Chatham County intended for a 1,100 seat Catholic church, a 1,500 seat Catholic high school, and a 500 seat Catholic elementary school (K-8). The complex will also include various outdoor recreational facilities associated with these uses (i.e. ballfields, courts, track, etc.).  The total building floor area for the complex is 240,000 square feet.

 

Applicant's Justification Statement
“Recent development in Cary has focused on the area west of Hwy 55 and, as a result, those have been and will be significant public and private investment into the infrastructure (utilities, roads, schools, parks, etc.) of the area.  This investment anticipates and encourages additional development in this area.  The proposed development provides, in particular, three features that justify the approval of Forest Oaks.  One, the school/church complex provides a focal point for this part of Cary that will house 1500 high school students and 500 K-8  students.  Two, the residential types proposed in Forest Oaks are consistent with more traditional Cary development, not the higher density development recently approved in this area.  Three, a significant amount of open space will be preserved, recreation fees provided on trails built connecting to the American Tobacco Trail.  The accompanying document will provide additional explanation and justification.”

 

Current Use and Zoning
Current Land Use: Vacant land, agriculture, and five single family homes Attached and Detached Residential, School, Church and Open Space
Current Zoning: Residential-40 (Cary ETJ), Residential-40W (Wake County), sidential/Agricultrual-40 (Chatham County) Proposed Zoning: Planned Development District (PDD) Major
Planned Land Use:  Low Density Residential (1-3 units per acre) Planned Land Use:  

  • Medium Density Residential 

  • Low Density Residential (there is a school/church complex proposed, which is allowable within the low density residential area)

 

Adjacent Zoning and Land Uses:

 

Existing Use

Existing Zoning

Existing Land Use Designation

North

Agricultural/ Forest , Very Low Density Residential

Town of Cary :

Planned Development District-Major (PDD-Major), Residential 40 (R-40), and General Commercial (GC)

Low Density Residential (1-3 units/acre), and Parks

East

Agricultural/ Forest , Vacant, Parks, Low Density Residential

Town of Cary :

Planned Development District-Major (PDD-Major), and Residential 40 (R-40)

Medium Density Residential (3-8 units/acre), and Low Density Residential (1-3 units/acre)

South

Agricultural/ Forest , Very Low Density Residential

Town of Cary :

Residential 40 (R-40)

Wake County :

Residential 40, Watershed (R-40W)

Low Density Residential (1-3 units per acre)

West

Agricultural/ Forest , Vacant

Chatham County :

Residential/Agricultural 40 (RA-40)

This area has been removed from the Town of Cary Land Use Plan Map

 

Planning

Comprehensive Plan Analysis

The Northwest Area Plan applies to a small (12 acre) portion of the project area. The remaining 314 acres of Forest Oaks are located within the study area for the Southwest Area Plan.

 

The attached residential use for parcel AR-1 (at a density of  8 du/ac) was designated as Medium Density Residential in the NW Area Plan. This is consistent with the Land Use Plan and therefore does not require a Land Use Plan Amendment (LUPA).

 

Single family detached uses are proposed for parcels SF-1 through SF-9, at densities that range from 1.8 du/ac on the low end, up to 5 du/ac for Parcel SF-6.  The overall density for the Planned Development District is within the standards for Low Density Residential and will not require a land use plan amendment.  The proposed 58.5 acre school/church complex is also allowed by the Land Use Plan within Low Density Residential designated areas.

 

The draft Southwest Plan indicates that the area covered by the Forest Oaks proposal to be low density Residential (1-3 units per acre).  The draft Plan also suggests transitioning the densities from the medium density component of the Northwest Area toward lower densities as future development moves southward and westward.    For example, for the Forest Oaks project densities at the higher range ( 3 units per acre) should be located toward the Cary Park project, with densities at the lower range (1-2) located at the southern and west edges of the project.  The applicant’s proposal is consistent with that approach and its overall density is consistent with the draft Plan classification of Low Density residential.  

Open Space Considerations

Much of the proposed development area contains a range of: mixed hardwood/conifers, mixed upland hardwoods, and bottomland forest/hardwood swamps along streams. Most of the mixed upland hardwood forests lie on the proposed SF-5 parcel.  There are small sections of open pasture or field within the project area.  Most of the parcels within the proposed development area remain under farm or forest use.  A high quality viewshed lies along Green Level Church Road near the intersection with Yates Store Road.  There are three sites from the Wake County historic architectural inventory within the area: the Tom Yates House, the Lewter-Yates House, and an unnamed structure (Wake County Inventory #0975).

 

The Lewter-Yates House and the Tom Yates House appear to be in good condition.  The unnamed structure was not visually surveyed because it is located down a private drive.  Although these structures are in the Wake County architectural inventory, they are not National Register-eligible, and based on the Forest Oaks Illustrative Master Plan, the applicant has made no provision for retaining them. 

 

Open space preserved is largely confined to the 100’ stream buffers, which include some bottomland forest/hardwood swamps.  The key open space with the project area, from the standpoint of the Open Space and Historic Resources Plan and the draft Southwest Area Plan, is the farmland adjacent to Green Level Church Road at the intersection of Yates Store Road.   Preserving a significant depth of the open land along the road would protect a rural streetscape that is fundamental in visually conveying the transition proposed in the draft Southwest Area Plan.  Furthermore, it sets an important precedent for future, expected residential development in this area.

Parks and Greenways

This project meets the recommendations of the Town of Cary Parks, Recreation and Cultural Resources Facilities Master Plan. The Parks, Recreation and Cultural Resources Advisory Board reviewed the Forest Oaks PDD development project at the January meeting and voted unanimously to approve staff’s recommendations, as follows:

 

1.   A land dedication of 16.85 acres is due for this development.  The applicant will be required to either make a payment-in-lieu (PIL) or exchange land uses with Amberly, whereupon the applicant will convert SF-8 and SF-9 to parkland in place of Amberly's 28 acre park site located on the north side of New Hope Church Road.

2.   The applicant will provide a greenway easement along the main east-west buffer which extends to the American Tobacco Trail. If PIL fees are accepted by the Town, the applicant will agree to construct the greenway against the value of the PIL.

3.   The applicant should provide a direct greenway connection from the proposed greenway to Cary Glen Blvd. If a direct connection cannot be made, the applicant will construct a multi-use connection along the west side of Forest Oaks Boulevard from where the greenway terminates at Forest Oaks Boulevard to the intersection with Cary Glen Boulevard. The applicant has noted this and has requested that while they will commit to a trail connection to Cary Glen Boulevard they will not specify a location until the time of subdivision approval.

4.   Private trail connections will be provided from SF-4, 5, 6, and 7 to the proposed greenway.

5.   Designate SF-9 as a potential park use.  This designation reduces the amount of development in Chatham County as development moves toward Jordan Lake.

 

In addition to approving staff’s recommendations, the Advisory Board proposed the following:

6.   Any access to SF-9, if developed, should be grade-separated to prevent any at-grade crossing of the American Tobacco Trail.

7.  The applicant should provide 100' Buffer along each side of the American Tobacco Trail where the trail extends through the proposed development.

Transportation Planning

Transit: The majority of this application is outside the current C-Tran (Cary Transit) service area since the property is not yet within the Town Limits. The only exception to this is the AR-1 parcel.

 

Pedestrian: Sidewalks are being proposed on one side of all residential roads. Yates Store Rd., a proposed collector street, will have sidewalk on one side and a multi-purpose path along the opposite side. Green Level Church Rd. will have sidewalk on both sides. An internal greenway is proposed to connect neighborhoods within the development to the American Tobacco Trail.

 

Bicycle: Bicycles will be accommodated on a multi-purpose path running parallel to Yates Store Rd., as well as along the American Tobacco Trail. Green Level Church Rd. will have 14 ft. wide outside lanes to accommodate bicycles. A 14’ wide outside lane is not specified by the applicant for Yates Store Rd.

 

Transportation Plan Element: The Town’s Comprehensive Transportation Plan shows Yates Store Rd. as a major thoroughfare with a 4-lane median-divided cross-section. The applicant is proposing a collector designation for Yates Store Rd. An amendment to the Comprehensive Transportation Plan would be required. A connectivity index of 1.2 or greater is required in a residential development.

 

The Town’s Comprehensive Transportation Plan shows the County Line Rd. alignment completely within Wake County running south along the Chatham County Line. The applicant has agreed to meet these requirements. The current circulation plan does not specify which access points are right in/right out or full service so Town spacing standards cannot be measured. The applicant has agreed to add the following note to the circulation plan in response, “The arrows signifying connections are conceptual and do not guarantee the connections.  All access points, including type and location are subject to review and approval by the Town of Cary and where appropriate NCDOT”. In addition, the applicant has agreed to remove the cul-de-sac for parcel SF-6 from the circulation plan and remove the arrow connection closest to the Yates Store Rd. intersection for parcel AR-1. Staff could not approve this parcel connection based on its close proximity to the intersection.

 

The applicant has also agreed to detail lane designations, bike lanes and median widths on all circulation plan cross-sections as illustrated in the Town’s Comprehensive Transportation Plan. The applicant will also include a cross-section for residential collector roads on the circulation plan.

 

School Information
 
Enrollment (20th Day Enrollment as of October, 2003)

Permanent Seat Capacity

Percent occupied

Projected Number of Additional Students from Proposed Rezoning

Western Wake County Area Schools (Note: Schools APF does not apply at time of rezoning)

Elementary

15,388

12,745

120.74%

78

Middle

7,715

7,116

108.42%

41

High

7,481

6,625

112.92%

56

Total for all Area Schools

30,584

26,486

115.47%

175

Assigned Schools

Green Hope Elementary

893

668

133.6%

78

Davis Drive Middle

1248

897

139.1%

41

Green Hope High

2005

1675

119.7%

56

Total for all Assigned Schools

4,146

3,240

127.9%

175

Chatham County Schools

Total Number of Units in Chatham County

Student Multiplier

Projected Number of Additional Students from Proposed Rezoning

91

0.42

39

  • Current Enrollment and Building Capacity are based on the 20th day of the school year for 2002 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.  A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System.

  • The Projected Number of Additional Students may be further reduced by the number of children who attend private schools.

  • Students in Chatham County will attend North Chatham Elementary (k-8) or Northwood High School , and may attend a Wake County school upon payment of tuition (approximately $3,500.00 per year).

  • Each dwelling unit constructed in Chatham County is required to pay a one-time $1,500.00 school impact fee to the Chatham County Board of Education.

 

Engineering

Environmental Considerations

There are riparian buffers associated with this project.  The project will be required to meet the nitrogen requirements of the Town of Cary.  The project is located in the Jordan Lake Water shed and will be required to meet the watershed protections requirements of the Town of Cary.  This project meets all of the requirements of the Town of Cary Stormwater section.

Utilities (Water and Sewer)

The proposed Planned Development District is planning to extend an existing waterline along Yates Store Road for public water service to the Planned Development District. A pump station located at the western tip of the Planned Development District is proposed. Sanitary sewage from the Planned Development District will be pumped to the future Panther Creek interceptor and eventually to future Amberly pump station. The developer agrees to provide a sanitary sewer easement from the proposed pump station to Green Level Church Road for future forcemain installation. Site plans for this development will be required to comply with all TOC utility policies and standards.

Traffic Impact Analysis  

For complete traffic study, please contact Dick Moore at 462-3937

Existing conditions have been gathered for the following eight intersections:

Yates Store Road at Green Level Church Road;

Yates Store Road at New Hope Church Road; 

Yates Store Road at Cary Glen Boulevard;

Yates Store Road/Carpenter Fire Station Road at Green Level to Durham Road;

Green Level to Durham Road at Cary Glen Boulevard;

Green Level to Durham Road at Green Level Church Road;

Green Level Church Road at Green Hope School Road; and

Green Level Church Road at White Oak Church Road.

 

This study area is located within the Base Transportation Zone, which requires the use of the counted 60-minute peak-hour volumes in accordance with the Town’s APFR Ordinance 01-012.  Traffic volume data within the study area has been obtained for the weekday AM (6:30 - 9:30 AM) and PM (3:30 - 6:30 PM) peak periods.

 

All intersections operate at level