PETITIONER

PROJECT CONTACT

PROPERTY OWNER

e-mail address: pmallett@etdpa.com

David Ferrell and Louanne Adams

LOCATION:

South of Morrisville Carpenter Rd and west of Carpenter Village Planned Development District at the terminus of the Louis Stephens Road extension.

MAPS:

Vicinity Map - Small

Vicinity Map - Large

Zoning Map

Land Use Plan Map

Stream Buffers

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

October 9, 2003

PLANNING & ZONING BOARD:

December 15, 2003

TOWN COUNCIL:

January 8, 2004 (tentative)

PARCEL INFORMATION

Parcel #

Realid #

Area

0735-93-6885

0304774

28.77 acres

REZONING DATA

CURRENT

PROPOSED

Zoning:

Residential-40

Transitional Residential Conditional Use

Overlay District:

N/A

N/A

OVERVIEW OF APPLICATION

This rezoning proposal is located south of Morrisville Carpenter Rd. and west of the Carpenter Village Planned Development District and Louis Stephens Road extension. The proposal is to rezone 28.77 acres of Residential-40 property to Transitional Residential Conditional Use zoning. The applicant limits the type of development to single-family residential (detached), patio homes, residential-related recreation (indoor/ outdoor), open space and greenways. The applicant also limits the development to a maximum of 80 dwelling units.

LAND USE PLAN AMENDMENT

The adopted Land Use Plan for this area is the Northwest Sector Plan.  The Northwest Sector Plan classifies this area, including the applicant’s property, as Low Density Residential ( 1-3 units per acre). 

This plan recommends creating a revitalized, small village center at Carpenter, using historically-compatible building styles.  The intent is to create a unique destination with shops, indoor/outdoor dining, galleries and boutiques, antique shops, and public facilities such as a park & cultural center.  The area is not intended to accommodate conventional shopping centers, big box retailers, or supermarkets.  Individual buildings in this core area should be architecturally compatible with the Historic District, and of limited height, bulk, & scale.

APPLICANT’S JUSTIFICATION STATEMENT

"The proposed rezoning reflects the objectives of the Northwest Cary Land Use Plan for Low Density Residential. The proposed zoning is similar in character to the adjacent sections of Carpenter Village PUD, which are located to the south and across Louis Stephens Drive. The original R-40 zone was the initial "holding" zone established when this property came into Cary's jurisdiction from Wake County. The proposed zoning and conditions will preserve the existing character of the area while allowing for single family development."

REZONING CONDITIONS

CURRENT

PROPOSED

1. Total residential dwelling units shall be limited to a maximum of 80 units (2.8 units per acre).

2. Development shall be limited to the following permitted uses:

a) Single-family residential (detached)

b) Patio homes;

c) Residential related recreation (indoor/ outdoor);

d) Open Space; and

e) Greenways

3. A Twenty (20’) foot wide Type A- Opaque Buffer shall be provided along the northern property line and southern property lines. Existing vegetation within this buffer shall remain.  Where no vegetation exists, supplemental planting shall be provided to achieve a Type A Opaque Buffer.

4. The existing +/- 1.8-acre pond along the western edge of the property shall remain.  This pond may be used to meet (if feasible) any stormwater and or water quality requirements associated with this development.

5. At the time of plan submittal, the developer shall reserve a greenway easement with a minimum width twenty (20') feet.  The location of this future easement shall be coordinated with the Town. 

6.  The developer shall dedicate thirty (30') feet of right-of-way to accommodate the Town of Cary 's construction of a ten (10') foot wide multi-purpose path, and extension of Louis Stephen's Drive within the subject area.

7. Pending NC DWQ and USACE approval, a public street stub connection shall be provided to the western property line (generally south of the existing pond).

8. Residential development within the subject area shall provide architecture styles and building materials that are compatible with the single-family residential dwelling units in the adjacent Carpenter Village PDD.

Bold conditions added since the public hearing

REZONING HISTORY

None

SITE CONFIGURATION

PARCEL

DENSITY (DU/AC)

ACREAGE

TOTAL UNITS

AVERAGE LOT SIZE

2.8 DU/AC

28.77 acres

80 units

SITE DATA

WATER/SEWER SERVICE

Analysis:  The property has proper access to existing Town of Cary water and sewer.

 Staff Contact: Shuyan Tian, Engineer, shuyan.tian@townofcary.org, (919) 469-4381

TRANSPORTATION

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

Staff Contact: Dick Moore, Traffic Systems Manager, dick.moore@townofcary.org, (919) 462-3937

ENVIRONMENTAL CONSIDERATIONS

Staff Contact: Tom Horstman, Erosion Control Supervisor, tom.horstman@townofcary.org,(919) 469-4347

REGIONAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS: AREA C (Western Wake County)

Current Enrollment Area schools:

Building Capacity

Percent occupied

Projected Number of Students

Elementary

15,868

13,354

118.8%

14

Middle

7,758

6,789

114.3

8

High

7,376

6,420

114.9

10

Total for all Area Schools

30,840

26,563

116.1

32

LOCAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS

Current 20^th Day enrollment at the current schools this parcel is zoned for:

Building Capacity

Percent occupied

Req.

Ord.

Projected Number of Students

Green Hope Elementary

603

712

84.7 %

130 %

45.3 % under

14

West Cary Middle

1085

903

120.2%

130 %

9.8 % under

8

Green Hope High

2022

1714

118.0%

130 %

12 % under

10

Total for all Zoned Schools

3710

3329

107.6 %

130 %

22.4 under

32

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2002 as provided by the Wake County School System. School assignment will be determined at the time of development. A list of individual area schools and information concerning enrollment countywide can be found for review: School Data

• Be advised that 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.

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

North:

Residential-40

Low Density Residential and Agricultural/ Forest

South:

Planned Development District Major

Medium Density Residential

East:

Residential-40 and Planned Development District Major

Agricultural/ Forest, Parks and Vacant, Medium Density Residential

West:

Residential-40 and Residential-8

Agricultural/ Forest, Vacant and Very Low Density Residential

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

Low density residential

Low density residential

Alternate Designation:

N/A

N/A

Activity Center:

N/A

N/A

COMPREHENSIVE PLAN ANALYSIS

Land Use Plan Element

LAND USE PLAN : The Town’s Land Use Plan identifies this area for low-density residential use that is clustered to preserve rural character and open space. 

The Town will be initiating a Historic Carpenter Master Plan of which the subject parcel is included in the study area.  The Master Plan, required as part of the adopted Land Use Plan, will focus on the following goals:

• Developing Historic Carpenter as a cultural destination.

• Creating a signature park that ties the greenway corridors from the Northwest area together. and

• Identifying opportunities to protect the historic resources in the area.

The Master Plan is expected to be initiated January and be completed in May 2004. 

Analysis:  The applicant’s proposal is consistent with the adopted Land Use Plan for the area for the following reasons:

• The applicant’s plan for low density single family detached housing complies with the land use plan.

• The applicant has provided sufficient condtions to protect the historic views of Carpenter.  These conditions provide for protection of existing vegetation and buffer enhancements to effectively “hide” the development so that it does not adversely impact the rural character of historic Carpenter.

Staff Contact: Jim Parajon, Planning Manager, james.parajon@townofcary.org, (919) 469-4029

TRANSPORTATION PLANNING

Transit:

Staff Contact: Juliet Andes, Transportation Planner, juliet.andes@townofcary.org, (919) 462-2008

Tammy Spivey, Engineer, tammy.spivey@townofcary.org, (919) 462-3933

OPEN SPACE CONSIDERATIONS

Staff Contact: Don Belk, Senior Planner, don.belk@townofcary.org, (919) 469-4084

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

Staff Contact: Doug McRainey, Parks Planning Manager, doug.mcrainey@townofcary.org, (919) 460-4973

CHANGES SINCE PUBLIC HEARING

1. Addition of 20-foot-wide “Type A” opaque buffers along the northern and southern property lines of the parcel.
2. Retention of the existing 1.8 acre pond found on the western side of the parcel.
3. Reservation of a 20-foot-wide greenway easement across the property, the location of which is to be determined at the time of site plan review.
4. Dedication of all the land necessary for the Louis Stephens Road extension and adjacent multi-purpose trail on the eastern side of the property.
5. Installation of a public street stub to the western portion pending approval from the Department of Water Quality.
6. Addition of a condition requiring the building materials for the residential uses on the property to be compatible with the residential uses in the Carpenter Village planned unit development to the east and south.
7. Addition of a 20-foot-wide “Type A” opaque buffer along the western property line and within Zones 1 and 2 of the riparian buffer adjacent to the eastern side of the existing pond on the site.

STAFF ANALYSIS

Protest Petition Information:

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

Analysis

This parcel is proposed for development as a residential subdivision with single family detached and patio homes as well as associated recreational amenities. The parcel is located within a special study area for the historic Carpenter area as indicated by the Northwest Sector Plan.  The special study is intended to identify ways to protect the cultural heritage and rural landscape associated with the Carpenter area.  One of the methods for achieving this goal is to require new residential uses to be clustered away from the major roadways in the area like Morrisville-Carpenter Road .

When submitted, this proposal did not include a schematic layout for the proposed 80 units, and as a result, the potential need for a land use plan amendment was identified.  During review of the case and subsequent discussions with the applicant, there was agreement that the provision of opaque buffers to the north, south and west would ameliorate any concerns about negative visual impacts. As a result, the need for any land use plan amendment has been removed.  As an additional measure, the applicant has agreed to maintain the architectural theme established in the Carpenter Village planned unit development to the east and south.

There was no public testimony during public hearing.

The staff identified concerns about the Louis Stephens right-of-way to be dedicated across the right of way, and the applicant has proposed a condition to dedicate the necessary right-of-way within 60 days following rezoning approval.

With consideration of the above issues, the staff has identified a list of pros and cons concerning this request:

Pros:

• Retention of the pond and reforestation of a portion of the riparian buffer around the pond will have positive water quality aspects across the Town.

• The applicant has proposed a system of buffers which will help maintain the land use plan objectives relating to views and rural atmosphere along the major roadways in the area.

• The proposal includes a greenway connection across the property in the vicinity of the riparian buffer as well as the provision of a multi-purpose trail.

Cons:

• None.

STAFF RECOMMENDATION

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/2003cases/2003index.htm