PETITIONER

PROJECT CONTACT

PROPERTY OWNER

Withers & Ravenel

111 MacKenan Dr.

Cary, NC 27511

(919) 469-3340

(919) 467-6008 (fax)

csmith@withersravenel.com

Charles R. Smith

111 MacKenan Dr.

Cary, NC 27511

(919) 469-3340

(919) 467-6008 (fax)

csmith@withersravenel.com

William B. Upchurch

2132 Carpenter Upchurch Rd.

Morrisville, NC 27560-9003

LOCATION:

2132 Carpenter Upchurch Rd

MAPS:

Vicinity Map – Small

Vicinity Map – Large

Zoning Map

Open Space Map

Land Use Plan Map

Stream Buffers

PROPOSED SCHEDULE OF MEETINGS

TOWN COUNCIL PUBLIC HEARING:

June 12, 2003

PLANNING & ZONING BOARD:

August 18, 2003

TOWN COUNCIL:

September 11,2003

PARCEL INFORMATION

Parcel #

Realid #

Area

074401056561 (PORTION OF)

0072382 (PORTION OF)

10.5 acres

REZONING DATA

CURRENT

PROPOSED

UDO

LDO

UDO

LDO

Zoning:

R-40

R-40

R-8 CU

R-8 CU

Overlay District:

Jordan Lake Watershed

WPO

Jordan Lake Watershed

WPO

Land Use:

AGR/FOR (Res./ Farm)

LDR

OVERVIEW OF REQUEST

This request would allow for single-family units, not to exceed 3 dwelling units per acre on a 10.5 acre tract. This would allow for approximately 25 units total (acre x 3 dwelling units/acre – 20% for infrastructure).

REZONING CONDITIONS

CURRENT

PROPOSED

N/A

1. The overall site density shall not exceed 3 dwelling units per acre.

5. There shall be a maximum of 25 lots with 24% of the lots greater than 15,000 sq. ft. and 60% of the lots greater than 12,000 sq. ft..

9.Minimum lot width on non-cul-de-sac lots: 80'

10. The Developer will contribute to the construction of any neighborhood and Town approved traffic calming device located within the existing Berkeley and Somerset neighborhoods.

Bolded conditions are added after the Public Hearing. (06/12/2003)

REZONING HISTORY

There were 2 rezoning cases for the main parcel. The area that the applicant requests to be rezoned is partially covered by one of these rezonings.

Z-606-90-4 (Covers portion of the area to be rezoned)

Z-549-89-1

SITE DATA

WATER/SEWER SERVICE

Analysis: The proposed PUD will not have significant impacts to existing public water and sewer systems in the area.

TRANSPORTATION

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

A residential community of 30 DU’s during the AM peak hour will generate 23 trips and the PM peak hour will generate 30 trips. The ADT volume is 287 trips per day.

Analysis: No traffic impact study required.

ENVIRONMENTAL CONSIDERATIONS

The project is located in the Jordan Lake Watershed and will have to meet the requirement of the Reservoir Watershed Protection Ordinance of the Town of Cary.

There are riparian buffers associated with this project.

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

Analysis: This project meets all of the requirements of the Storm water section of the Engineering Department.

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%

5

Middle

7,758

6,789

114.3

3

High

7,376

6,420

114.9

4

Total for all Area Schools

30,840

26,563

116.1

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 %

5

West Cary Middle

1085

903

120.2%

130 %

9.8 %

3

Green Hope High

2022

1714

118.0%

130 %

12 %

4

Total for all Zoned Schools

107.63%

130 %

22.37 %

ADJACENT ZONING AND LAND USES

Zoning:

Land Use:

UDO

LDO

North:

R-40 and R-30

R-40 and R-30

AGR-FOR

South:

R-10 CU

R-12

LDR

East:

R-40 and R-30

R-40 and R-30

LDR

West:

R-40

R-12

AGR-FOR

TOWN OF CARY FUTURE LAND USE PLAN DATA

CURRENT

PROPOSED

Plan Designation:

Low Density Residential

no change.

Alternate Designation:

n/a

n/a

Activity Center:

n/a

n/a

COMPREHENSIVE PLAN ANALYSIS

LAND USE PLAN AMENDMENT HISTORY: None.

Analysis: The proposed rezoning conforms the Low Density designation of the Land Use Plan. The applicant’s conditions on the rezoning to control density and lot sizes is consistent with the LDR designation within the Land Use Plan.

TRANSPORTATION PLANNING

Transit: The Town's transit service (C-Tran) can provide service to the subject area.

Bicycle: No comment.

Pedestrian: Sidewalk is required on one side of residential streets.

Transportation Plan Element: N/A

The LDO requires a connectivity index of 1.2 or greater in residential developments. If this index is not met, a waiver along with a 6-foot pedestrian trail that links any cul-de-sacs in the development will be required prior to site or subdivision plan approval.

One of the issues highlighted in this rezoning case was street connectivity. Previously, the Planning and Zoning Board received information prepared by staff regarding the impacts of street connectivity. The information also used the subject rezoning as a sample case for analysis. The conclusions of the technical analysis show that the street connectivity provides benefits in the sample case. It also concludes that " how the connection is made" is also important. Staff has been working with the applicant to ensure that the connection is made to accommodate primarily local traffic.

The second concern of some residents was the timing of the street connection. The applicant attempted to provide a rezoning condition to address this issue but the actual condition was determined not to be legal by the Town Attorney. Staff has suggested alternate conditions that could address the timing of the connection. However, the applicant has chosen not to add any of these alternate conditions.

Analysis: Street connectivity issues can be effectively addressed at the time of the subdivision submittal for the subject tract. Staff will be reviewing the design and timing of the connection to ensure the connection does not adversely impact the neighboring residents.

OPEN SPACE CONSIDERATIONS

This 10-acre section of the Upchurch property, bordered by the railroad and the Somerset and Berkeley subdivisions, is not part of the Open Space System as described in the Open Space and Historic Resources Plan.

Analysis: No Comment.

PARKS, GREENWAYS AND BIKEWAYS MASTER PLAN

The project will be required to meet the land dedication ordinance requirements of the Town of Cary if there is subdivided residential housing proposed for this rezoning.

Analysis: If 25 units are constructed, a payment-in-lieu for the value of .71 acres of parkland will be due. The actual amount will be assessed at time of site plan approval.

There were a number of concerns raised at the public hearing concerning lots sizes, buffers, traffic and street connectivilty. The applicant has worked closely with staff to address these concerns and a number of changes/conditions have been added since to this case since the public hearing.

 

 

New Conditions

This is a 10.5 acre tract which proposes to allow the construction of 25 single family units.

The Town’s Land Use plan designates this site for low density residential uses which is consistent with this request providing a density of 3 units an acre.

The application does have a valid protest petition. The applicant has revised the conditions of this request as shown above to address these concerns with the exception of the interconnectivity between the two subdivisions. The applicant did propose a condition as outlined in the land use analysis and after consultation with the Town Attorney, it was determined to be invalid. Conditions of zoning have to be more restrictive than the general land development ordinance. Their proposed condition delayed connections with the subdivisions to the south and west which the town’s ordinance would require at the time of construction and placed a restriction on the Town of Cary for completion of the High House Rd., without future restrictions upon the applicant, i.e. (limited the number of CO"s in the subdivision, until the road improvements are completed). The town’s planning director can consider alternate conditions for traffic connections at the time of plan review for deviations for less than general code, it is just not an option at the time of rezoning.

Conditions 5 and 6 propose an undisturbed area with a Type B buffer planting within some side and rear yard setbacks. A new provision in the Land Development Ordinance allows two Class 2 (single Family residential uses) to provide landscape areas within the platted portion of the principal lot and is not subject to the ownership restrictions applied to other buffer areas. These landscape areas are protected from placement of any structures or improvement but do not regulate any minimum type or amount of vegetation to remain. This allows the property owner to decide on appropriate private landscaping for their property, but yet reserves and insures a green space between like uses. The applicant has designated these landscape areas as undisturbed vegetation and will be platted within the existing lot setbacks. Staff does not support conditions with undisturbed areas being platted within lots. There may be situations in the future with homes having rear or side yard setbacks directly adjacent to the buffer area and would most likely be encroached upon by residents. Imposing such a condition upon the Town to enforce creates an unrealistic liability for the compliance officers to monitor someone’s rear or side yard vegetation disturbance on a continuing basis. Staff would support these areas being designated as a landscaping area and then open to various types of vegetation. No additional structures would be allowed in these landscape areas.

• The lot sizes have been increased
• Min. Landscape areas are proposed for properties adjacent to Berkley and Somerset Subdivisions.
• Partial funding for traffic calming has been proposed to adjacent subdivisions

Cons:

• Valid protest petition

STAFF RECOMMENDATION:

Staff recommends approval conditioned on the applicant’s modification of conditions # 5 and 6 to platted landscape areas.

PLANNING AND ZONING BOARD RECOMMENDATION:

To be determined after Planning and Zoning Board Meeting.

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