TOWN OF CARY

REQUEST FOR REZONING

TOWN COUNCIL IMPACT STATEMENT:  February 12, 2004

 

03-REZ-15 Pulte High House Rezoning

 

Staff Contact:    Chris Brown

                          (919) 465-4610

                          chris.brown@townofcary.org

PETITIONER

PROJECT CONTACT

PROPERTY OWNER

Name: Alan Hill

Firm: Pulte Homes

401 Harrison Oaks Blvd.

Suite 250

Cary, NC 27513

Phone: 919-677-0122

FAX: 919-677-0934

e-mail address: alanc.hill@pulte.com

Name: Pat Mallett

Firm: Elam Todd d'Ambrosi

2601 Weston Pkwy Suite 203

Cary, NC 27513

Phone: 919-678-1071

FAX: 919-678-1290

e-mail address: pmallett@etdpa.com

Cox, Milton A. Jr. & Brenda J.

510 High House Rd.

Cary, NC 27513

Cox, Marguerite F.

530 High House Rd.

Cary, NC 27513

LOCATION:

North Side of High House Road (east of Weatherstone subdivision and west of Maynard Crossing Shopping Center)

MAPS:

Vicinity Map - Small

Vicinity Map - Large

Zoning Map

Land Use Plan Map

Stream Buffers

Conceptual Plan

Zoning Exhibit A

Zoning Exhibit B

Zoning Exhibit C

In Town Limits [ ] Inside Cary ETJ [X] Outside Cary ETJ [ ] Annexation Pending [ ]

STAFF UPDATE

January 22, 2004 Town Council Meeting:

The applicant requested that the case be delayed until the February 12, 2004 regular Town Council meeting.

Staff has provided the following information created since the January 8, 2004 Town Council meeting:

Connection to Spring Bud Drive:  Staff has field verified that existing Spring Bud Drive is 27’ back-to-back, which is consistent with the Town’s current required residential street width and which also matches the minimum required width for the continuation of Spring Bud Drive.  

Sidewalk along Spring Bud Drive : The applicants' condition reads, "A 5' minimum sidewalk shall be constructed on one side of the street within the existing right-of-way of Spring Bud from the northern street stub of the subject property to the intersection of Castalia Drive .  This sidewalk shall be provided when the street stub is completed."  Spring Bud Drive is a 27' back-to-back street within a 40' right-of-way.  The 40' right-of-way allows for 6.5' of right-of-way behind curb on each side of the street.  Typically, construction easements outside of right-of-way are necessary to install sidewalk, so additional land may be necessary to install sidewalk even if placed at back-of-curb.  In addition, the sidewalk would need to be installed approximately 42" from back-of-curb at all driveways in order to work with the existing standard driveway aprons (curb exists from the street to approximately 42" up the residential drive).  Additional right-of-way would be necessary at each location where sidewalk would intersect a driveway. 

Traffic calming device at Spring Bud connection: It is staffs’ understanding that this condition was added at the request of the Weatherstone homeowners.  The applicants' condition # 6 reads, "At least one traffic-calming device (to meet Town of Cary ’s guidelines) shall be provided within the proposed development. The device will generally follow similar devices being provided within the Weatherstone subdivision."  Staff feels the wording "to meet Town of Cary guidelines" is sufficient in ensuring that a device will only be installed if warranted.  Per Town of Cary Standard Procedure No. 111, speed studies, traffic counts, and traffic analyses may be done; the Fire Department will need to approve the location; 70% of homeowners in the "area of influence" will need to approve installation of a traffic calming device; and finally, Town Council must grant approval. 

Connection to Maynard Crossing Court :  If staff were directed to pursue making the connection, the following would all play a part in determining when the connection could be made:

(1) Design could not be started by staff until the Pulte/High House subdivision construction drawings are complete or are very near completion;

(2) Acquisition of land to make the street connection is time consuming.  An appraisal would be needed, an offer would need to be made, then negotiations with the property owner would take place.  The Town has experience with the property owner, Shell Oil (original developer), and feels it is unlikely they would dedicate the right-of-way at this time, therefore the Town would have to acquire this land. Ultimately, the Town may need to go to condemnation to acquire the land.  In addition, the proposed Pulte/High House street stub location would sever a strip of land approximately 50’ in width between the new street right-of-way and the Autobody America northern property line. Since this is commercial property the value of the right-of-way plus severed land would be considerable;

(3) Capital project monies are limited – this street connection would more than likely be categorized as a low priority. Council may prefer to determine the priority as a part of the budget process where competing projects could be compared;

(4) Permitting the project may also be an issue (stormwater, river buffers, power line, gas line, etc.) that can’t be precisely determined until design;

(5) Timing of the project needs to be considered. Since it may be many years before the project builds the roads, it may not be necessary for the Town to act on the offsite road improvements. The commercial property may develop first and would be required to build this road segment to meet our connectivity ordinance.

Due to the reasons mentioned above, and the Pulte/High House project necessitating the need for the connection, staff feels the Pulte/High House developer should be responsible for obtaining the land necessary for the street connection to Maynard Crossing Court , as well as constructing the connection in conjunction with their development.  The second option staff recommends is simply to wait for the adjacent property to the east to develop, at which time construction of the residential street connection would be a development requirement.

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

October 9, 2003

PLANNING & ZONING BOARD:

December 15, 2003

TOWN COUNCIL:

January 8, 2004 (Tabled)

January 22, 2004 (Tabled)

February 12, 2004

PARCEL INFORMATION

Parcel #

Realid #

Area

0754502423

0105099

5.66

0754415314

0015354

49.10

Total:

54.76 acres

REZONING DATA

CURRENT

PROPOSED

Zoning:

Residential-40

Residential-8 Conditional Use

Overlay District:

N/A

N/A

OVERVIEW OF APPLICATION

The application is to rezone the two parcels located at the north side of High House Road (east of Weatherstone subdivision and west of Maynard Crossing Shopping Center) from Residential-40 zoning to Residential-8 zoning with conditions. (The conditions can be reviewed below) The total area of request is 54.76 acres.

APPLICANT’S JUSTIFICATION STATEMENT

"Significant development has occurred in the immediate area. All of the adjacent properties have been zoned and developed for a variety of land uses.

The development is consistent with the Land Use Plan and the type of development prevalent in the adjacent Weatherstone Subdivision.

The applicant has met with adjacent residents to discuss the case prior submittal.

The proposed zoning will allow for a cluster development with large amounts of open space. The submitted request respects the character of the site and the surrounding area. Allowing this zoning classification would avoid larger independently owned single-family lots, which diminishes the potential for common open space held for common stewardship. "

REZONING CONDITIONS

CURRENT

PROPOSED

None

  1. Development should be limited to a maximum of ninety-one (91) residential dwelling units.

  2. Uses shall be limited to single-family detached dwellings, recreation (indoor and outdoor), open space and greenways

  3. Minimum lot size for residential dwelling units shall be 8500 square feet. The average lot size for residential lots shall be 11,500 square feet.

  4. Front and rear setbacks shall be a minimum of 20 feet with an aggregate front and rear of 40 feet. The minimum lot depth shall be 120 feet and the minimum lot width shall be 65 feet.

  5. A recreation facility (with pool and cabanna) shall be provided prior to the issuance of the Certificate of Occupancy for the 69th single-family dwelling unit. This facility shall be located in the general area indicated on Exhibit A.

  6. At least one traffic-calming device (to meet Town of Cary ’s guidelines) shall be provided within the proposed development. The device will generally follow similar devices being provided within the Weatherstone subdivision.

  7. A minimum of twenty-five (25%) percent open space (public or private) shall be provided throughout the development. The majority of this open space shall be concentrated along the streams and periphery of the site.

  8.  A twenty (20') foot wide undisturbed buffer shall be provided along the adjacent Weatherstone Subdivision (see Exhibit A, B and C). 

  9.  A five (5') foot wide supplemental planted buffer shall be provided in addition to the 20' buffer above (see Exhibits A, B and C).    

  10. Development shall be consistent with the submitted Zoning Exhibits A, B and C.  Changes to this sketch plan shall only be allowed as indicated therein.

  11. The street public street stub connection to Spring Bud Drive shall be constructed in conjunction with the phased development of lots 1-12 and 91 (illustrated on Exhibit A).  If the construction of this street stub connection occurs prior to the 75th Certificate of Occupancy, the connection shall be barricaded in a manner that allows emergency vehicle access, but expressly prohibits both construction traffic and traffic by residents.  Upon construction of the road and issuance of the 75th Certificate of Occupancy, this barricade shall be lifted for full public vehicular access. 

  12. Additional landscaping within Weatherstone’s adjacent open space shall be provided by the developer.  This area is further defined on Exhibit B. 

  13. Grading for this development shall not reverse the existing drainage patterns off-site.  Off-site drainage patterns will be generally directed to flow through the identified streams within the interior of the site.  Exclusive of road crossings and required utility connections, the outer zone of all stream buffers indicated on the plan shall remain undisturbed (except for the removal of noxious or diseased materials). 

  14. The site shall not be completely denuded or graded.  The initial grading and clearing shall be limited to the roads (rights-of-way and easements), front yards, side yards and building envelopes.  Selective clearing and grading in rear lot setback areas and open space will occur as lots are developed and on a selective basis. 

  15. Exclusive of required stormdrains, required public utilities and removal of noxious or diseased materials, the open space (containing an area of steep slopes greater than 15%) to the rear of lots 44-52 (as indicated on Exhibit A) shall remain undisturbed.

  16. *Pending full reimbursement (including all fees, permits, design and construction costs minus a contribution by the developer in the amount of $15,000), the developer shall design and construct a public street that connects the proposed Street Stub G (see Exhibit A) to the existing Maynard Crossing Court.  The Town shall be responsible for obtaining the necessary right-of-way or easements necessary to make this vehicular connection across the adjacent vacant lot.  The Town will also assist the developer with the necessary access to the property to conduct survey work for the road extension.  The Town shall obtain right of way within 1 year of the developer providing approved design documents needed to obtain right of way. Developer shall provide approved right of way documents prior to the 20th  C.O.  Once the right-of-way area is obtained, the developer shall construct this street within six (6) months of all the required Town permits and approvals and any other municipal approvals necessary for the construction of the vehicular connection.  The developer shall be relieved of any obligation to make this vehicular connection if either:  

1) A re-zoning, site plan or subdivision plan is filed on the adjacent vacant site; or

2) The Town fails to acquire the necessary right-of-way 

*Revised February 2, 2004 

SITE CONFIGURATION

PARCEL

DENSITY (DU/AC)

ACREAGE

TOTAL UNITS

AVERAGE LOT SIZE

 

1.7 DU/AC

54.76 acres

91 units

9000 sq. ft.

SITE DATA

WATER/SEWER SERVICE

The proposed development has direct 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 ]

A development of 91 dwelling units, during the AM peak hour, will generate 68 trips and the PM peak hour will generate 92 trips. The Average Daily Traffic volume is 871 trips per day. No Traffic Impact Study required.

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

ENVIRONMENTAL CONSIDERATIONS

The project meets all of the requirements of the Stormwater section of the Engineering Department

There are riparian buffers associated with this project.

The project will be required to meet the nitrogen requirements of the Town of Cary.

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%

16

Middle

7,758

6,789

114.3

9

High

7,376

6,420

114.9

12

Total for all Area Schools

30,840

26,563

116.1

37

LOCAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS

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

Building Capacity

Percent occupied

APF Ord.

Req.

%

Over/

Under

Ord.

Projected Number of Students

Weatherstone Elementary

838

562

149.1%

130 %

19.1% over

16

West Cary Middle

1085

903

120.2%

130 %

9.8 % under

9

Green Hope High

2022

1714

118.0%

130 %

12 % under

12

Total for all Zoned Schools

3945

3179

129.1

130 %

0.9 under

37

Current Enrollment and Building Capacity is based on the 20th 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:

Planned Development District Major

Low Density Residential

South:

Residential-8 and Planned Development District Minor

Low Density Residential, Very Low Density Residential and Vacant

East:

General Commercial Conditional Use

Vacant, Office and Institutional and Commercial

West:

Planned Development District Major

Low Density Residential and Parks

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 AMENDMENT: The proposed rezoning classification ( low density residential) is consistent with the Town’s Land Use Plan.

The proposal is consistent with the Town's Land Use Plan

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

TRANSPORTATION PLANNING

Transit:

This location is within the C-Tran, Cary Transit, service area.

Pedestrian:

Sidewalk is required on both sides of all new/improved thoroughfares and new collectors, and one side of all new residential streets.

Bicycle:

Fourteen (14’) feet wide outside lanes are required on all new thoroughfares. Four-(4) foot wide striped bike lanes may be required on any new collector (determined on a case-by-case basis).

Transportation Plan Element:

High House Road is proposed to have an ultimate 4-lane median divided cross section along the subject rezoning frontage. The developer will be required to widen the road to one-half the ultimate section along the project frontage in conjunction with site development.

A connectivity index of 1.2 or greater is required in a residential development.

The rezoning complies with the Town's transportation requirements.

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

The tracts in this rezoning proposal are forested, primarily in mixed hardwoods and conifers, with some areas in mixed upland hardwoods on the south side of the 100’ riparian buffer.

The applicant’s zoning exhibit shows areas to remain as open space that is consistent with the Town’s identification of significant resources.  In addition, the applicant has provided conditions that prohibit mass grading for the project which will further protect some of the wooded environment.

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

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

A payment-in-lieu will be required for this project.

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

CHANGES SINCE PUBLIC HEARING

  1. The applicant clarified that the dimensional attributes for the residential lots.
  2. Increased detail on the location and configuration of the pool, cabana, and associated parking.
  3. Clarification that the traffic claming device is intended for placement on Spring Bud Drive near the northern boundary of the project, and the type of device would be similar to that provided within the Weatherstone subdivision to the north.
  4. Inclusion of a zoning exhibit demonstrating the typical front elevation of three housing product types.
  5. Addition of a zoning exhibit which depicts a 20’ undisturbed buffer to be included along all boundaries with the Weatherstone Subdivision.
  6. Addition of a zoning exhibit which depicts a 5’ evergreen shrub hedge to be planted adjacent to the undisturbed buffer along all boundaries with the Weatherstone Subdivision.
  7. Clarification on the timing of the construction of the roadway connection to Spring Bud Drive to the north, as well as a limitation of any vehicular use of the roadway stub until after the issuance of the 75th certificate of occupancy.
  8. Addition of a zoning exhibit depicting additional plantings to be placed upon property owned by the Weatherstone subdivision HOA to the west of the subject property.
  9. Offering of a private agreement between the developer and the Weatherstone HOA guaranteeing the proposed minimum home square footage sizes.
  10. Inclusion of a condition clarifying that any grading will not reverse the existing drainage patterns for off-site areas, and that such drainage will continue to flow towards the streams located within the interior of the site.
  11. Addition of a zoning condition clarifying that the outer zones of all stream buffers shall remain undisturbed except for roadway and utility crossings.
  12. Prohibition of widespread grading of the site in favor of selective clearing and grading in rear lot areas of individual houselots.
  13. Clarification that the vegetation located north of the northernmost roadway will remain undisturbed except for the installation of required utilities and or stormdrains.

STAFF ANALYSIS

Protest Petition Information:

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

 

Analysis:

 

This is a proposal to rezone land from R-40 to R-8 CU to accommodate the placement of 91 single family detached homes as well as a recreation center and associated roadways.  The site is immediately west of the Maynard Crossing shopping center, and in an area completely surrounded by existing and/or approved development.  The proposal includes a fairly typical street layout and housing style for the area.  The proposal meets the street connectivity ordinance and provides for good vehicular and pedestrian connection to the north and east for residents of the proposed development as well as for residents to the north.

 

The applicant has provided three zoning exhibits depicting the site layout, buffering, and typical front home elevation as conditions of the rezoning.

   

During the public hearing there was concern over stormwater drainage which has been addressed by the applicant leaving the northwestern corner of the site undisturbed and offering a zoning condition which indicates that existing drainage patterns will not be reversed as part of on-site grading.  In addition, the steep slopes found on the site will be somewhat protected through the use of selective grading and clearing on individual house lots as opposed to widespread grading across the entire site.

 

Another concern mentioned during the hearing related to screening of the Weatherstone recreation facility from the backs of homes built as a part of the proposal. The applicant has offered an exhibit as a zoning condition which proposes to plant a series of evergreen trees on property owned by the Weatherstone subdivision HOA between the recreation center and the western side of the proposed development.  To further address screening concerns, there are two additional exhibits offered as zoning conditions calling for the maintenance of a 20’ undisturbed buffer as well as an adjacent 5’ wide area with a continuous evergreen hedge to be planted along all boundaries with the Westerstone division.

 

A final concern mentioned was control of  traffic through Weatherstone subdivision from Spring Bud Drive, which has been addressed by zoning conditions indicating when the connection would be built, ensuring that the connection would remain closed to vehicular traffic until issuance of the 75th certificate of occupancy, and the provision of a traffic calming feature once the roadway is opened to full vehicular access.

 

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

 

Pros:

  • The proposal includes a public street stub and sidewalk to the Maynard Crossing shopping center which will allow residents of this subdivision as well as the Weatherstone subdivision to access the shopping center without use of a thoroughfare street.

  • There is protection of steep slopes of 15% or greater through the use of selective clearing and grading of individual lots as opposed to grading of the entire site.

  • The development is generally in keeping with the adjacent lot sizes and housing types found in the area.

Cons:

None.

STAFF RECOMMENDATION

Staff recommends approval of the project with the conditions proposed by the applicant.

PLANNING AND ZONING BOARD RECOMMENDATION

Paul Broderick asked to be excused from the discussion because he is an adjacent property owner.  Christy Perrin made a motion to excuse Mr. Broderick from the discussion, which was seconded by Wally Dawson and the Board voted 9-0.

 

Don Hyatt made a motion to forward the case to Town Council for approval based on staff recommendations, the conditions added since the first public hearing and the condition that the applicant offered to install a sidewalk within the right of way from Spring Bud Lane to Castilla.  Wally Dawson seconded the motion and board voted 9-0.

TOWN COUNCIL RECOMMENDATION

The Town Council tabled the case until the January 22, 2004 meeting.

The Town Council tabled the case until the Februray 12, 2004 meeting.

STAFF RECOMMENDATION TO TOWN COUNCIL

Staff recommends approval of the project with the conditions proposed by the applicant.

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