TOWN OF CARY , NORTH CAROLINA

REQUEST FOR REZONING

STAFF RECOMMENDATION TO PLANNING AND ZONING BOARD

 

Rezoning Petition:

04-REZ-02 (Powell/Ten Ten)

Request:

Change the zoning from Residential 40W ( Wake County ) to Residential 12 Conditional Use.

Meeting

Date

Recommendation

Action

Town Council Public Hearing

February 12, 2004

Staff recommends forwarding the case to the April 19, 2004 Planning and Zoning Board

Town Council forwarded the case to the April 19, 2004 Planning and Zoning Board

Planning and Zoning Board

April 19, 2004

Staff recommends approval of this rezoning case.

Planning and Zoning Board forwarded the case to the May 13, 2004 Town Council Meeting

Town Council

May 13, 2004

TBD

 

STAFF RECOMMENDATION

This property is located just outside the Town of Cary ’s planning jurisdiction and is surrounded by development that was developed under Wake County zoning regulations using well and septic tanks. The adjacent development of Dutchman Downs was developed at a density of approximately .72 units per acre (not including riparian buffers in the calculation).  This development has approximately 70 acres of riparian buffer that are included within individual lots and not preserved as open space as is shown with this Powell/Ten-Ten rezoning request.

 

The proposed rezoning request proposes a maximum of 80 lots at an overall density 1.48 units per acre.  This development proposes to leave the riparian buffer as open space and not grade the individual lots to minimize impacts to this property.  All lots adjacent to the Dutchmen Downs development will be at least 16,000 square feet in lot area and will provide a 30 foot setback from Dutchman Downs. A 20 foot undisturbed opaque landscape easement is proposed adjacent to Dutchman Downs.

 

Staff recommends approval of this rezoning request.

APPLICANT

OWNER

Rex Wickham, Windjam Development

John A. Powell

3825 Ten Ten Road

Apex, NC 27502

 

Contact:

Suzanne Prince, Elam Todd d'Ambrosi (ETd)

P:  (919) 678-1071

LOCATION

MAPS

  • 3825 Ten Ten Road and also the tract north and east of 3825 Ten Ten Road

  • Property is located in Wake County , a Voluntary Annexation Petition was submitted to the Town of Cary on December 29, 2003 .

Large Vicinity Map

Land Use Map

Zoning Map

PROJECT DESCRIPTION

This request will allow the construction of 80 single family dwellings on 12,000 square foot lots at an overall density of 1.48 units per acre.

 

The project in contains the following conditions:

 

1.       Permitted uses shall be limited to:

a.       Single family detached residences

b.       Parks and Recreation (public, private and non-profit uses)

c.       Amenities and accessory residential uses. 

All otherwise allowed uses in R-12 shall be prohibited.

2.       The maximum number of dwelling uses shall not exceed 92 80 lots (1.7 1.48 units per acre)

  1. The lots located on the perimeter that adjoin Dutchman Downs will maintain a minimum lot size of 16,000 square feet. The minimum rear yard setback for lots adjacent to Dutchman Downs will be 30 feet.

  2. A side yard set back of 20 feet will be provided on the south side only between the lots in the proposed development and Wake County PIN 0761-50-4302; and 0761-50-1238 (3000 Van Gogh Lane and 3001 Van Gogh Lane).

  3. A 20-feet undisturbed opaque landscape easement adjacent to the lots in Dutchman Downs will be provided. This easement will be maintained by the Homeowner’s Association associated with this development.

  4. Even though existing trees and vegetation are limited, 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.

  5. Development will be consistent with the sketch plan submitted as Exhibit A. Street stubs will be determined at the time of subdivision approval.

  6. Pending written request by the Town of Cary Parks and Recreation Department and reimbursement/credits from the Town, a 20 foot (minimum) greenway trail will be dedicated and built by the developer.  This greenway will generally be located along the entire length of the stream buffer.  Final determination of the exact location of the greenway will be made at the time of subdivision approval.

  7. Run-off protection for the 5 and 10 year time of concentration storms will be attenuated in order to provide further protection of downstream ponds.

  8. Prior to the development of this property, the existing historic structure (a single-family home) will be relocated off-site by the owner.

*Bolded conditions added March 5, 2004

*Underlined conditions added April 1, 2004

 

Protest Petition Information:

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

Not within Town limits.

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

1

1.48

54.0

80

12,000 Square foot

APPLICANT’S JUSTIFICATION STATEMENT

The current zoning of R-40 ( Wake County ) does not allow for efficient or practical use of the land.  The proposed rezoning to allow for low-density single-family residential with an R-12 CU designation would be in keeping with the Town’s Land Use Plan.  Conditions have been added to the case which will limit uses and density.  This rezoning proposal is consistent with recent development and also with other approved rezonings in the general area of this request.  When developed, the additional new homes would provide added tax revenue for the Town of Cary .  The proposed rezoning would not create an adverse impact on the Town’s infrastructure, facilities or services.

CURRENT USE & ZONING

Current Land Use:

Proposed Land Use:

Residential and vacant land

Residential, Recreation Center and Open Space

Current Zoning:

Proposed Zoning:

Residential-40W (Wake County), Swift Creek Watershed

Residential-12 Conditional Use, Swift Creek Watershed

ADJACENT ZONING & LAND USES

 

Existing Use

Existing Zoning

Existing Land Use Designation

North:

 

Low Density Residential

R-40W ( Wake County )

Very Low Density Residential

East:

Low Density Residential, vacant, forest

R-40W ( Wake County )

Very Low Density Residential

South:

Low Density Residential, Vacant

R-40W, R-30 ( Wake County )

Low Density Residential

West:

Low Density Residential, Dutchman Downs Subdivision

R-40W ( Wake County )

Very Low Density Residential

PLANNING

Comprehensive Plan Analysis

The Cary Land Use Plan recommends that the subject parcel be developed as “Low Density Residential” – a land use classification that calls for densities of between 1-3 dwellings per acre, with an average minimum lot size of at least 12,000 square feet (unless cluster subdivision design is used).

 

Analysis:

The project proposes a maximum of 80 single family lots over 54 acres, giving an overall density of 1.48 dwelling units per acre – well within the range of 1-3 dwellings per acre recommended for Low Density Residential by the Cary Land Use Plan.  The proposed lot sizes are a minimum of 12,000 sq. ft. with a 16,000 sq. ft. minimum lot size adjacent to Dutchman Downs Subdivision. 

 

Staff supports the subject rezoning for R-12 Conditional Use (Low Density Residential) for the following reasons:

  • The proposed R-12 Conditional Use rezoning is consistent with the Town of Cary Land Use Plan .

  • Minimum lot sizes are compatible and exceed the average minimum lot size of 12,000 sq. ft. as recommended by the Land Use Plan.

  • Zoning conditions applied to the tract provide transition to very low density residential development adjacent to the subject parcel.

Open Space Considerations

The rezoning is consistent with the Town’s Open Space and Historic Resources Plan.

Parks and Greenways

1.   The PRCR Department is requiring a payment-in-lieu (P.I.L) for the value of 2.29 acres of parkland for the development of 80 units of housing as proposed in this rezoning. 

 

2.    Staff also recommends the approval of the dedication of a greenway easement within the buffers as indicated on the applicant’s plan.  This greenway will be located along the northern edge of the development and as such will be a segment of the Town’s proposed Dutchman’s Branch Greenway, as approved in the Parks, Recreation and Cultural Resources Facilities Master Plan. The actual length and width of the greenway easement will be determined during subdivision approval.

 

3.   Staff has agreed to accept the dedication of the greenway easement and construction of the greenway as credit against the applicant’s required P.I.L. 

Transportation Planning

No comments on proposed rezoning. Comprehensive Transportation Plan and street stub requirements to be addressed at time of development plan submittal.

School Information

 
Enrollment

Permanent Seat Capacity

Average

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%

16

Middle

7,715

7,116

108.42%

8

High

7,481

6,625

112.92%

11

Total for all Area Schools

30,584

26,486

115.47%

35

Assigned Schools

Penny Road

654

562

116.37

16

Dillard

1078

1083

99.54

8

* Athens Drive

1769

1642

92.8

11

Total for all Assigned Schools

3501

3287

102.9

35

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.

*Athens Drive is not a Western Wake School .

ENGINEERING

Environmental Considerations

The placement of the greenway in the floodplain may require a no rise certification. All attempts should be made to keep the greenway near the outer edge of the 100 foot buffer and minimize stream crossings. DWQ review is required for greenways within 50 feet of a stream.

Utilities (Water and Sewer)

All Town of Cary utility standards and policies will apply to site development of this PDD.

Traffic Impact Analysis

A development of 80 dwelling units, during the AM peak hour, will generate 60 trips and the PM peak hour will generate 81 trips. The Average Daily Traffic volume is 766 trips per day. No Traffic Impact Study required.

PARCEL & OWNER INFORMATION:

Property Owner(s)

County Parcel Number

Real Estate ID(s)

Area (Acres)

John A. Powell

3825 Ten Ten Road

Apex , NC 27502

0 761407899

0 56905

24.00

John A. Powell

3825 Ten Ten Road

Apex , NC 27502

0761512650

0 56906

30.00

Total Acreage

54 acres