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TOWN OF CARY
,
NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO TOWN COUNCIL
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Rezoning
Petition:
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04-REZ-05
Preston/Powell Tract
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Land
Use Plan Amendment:
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N/A
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Location:
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4004
Ten Ten Road
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Request:
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Rezone
property from Residential 30 Wake County to Residential 12
Conditional Use within the Town of
Cary
.
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Meeting
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Date
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Recommendation
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Action
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Town
Council Public Hearing
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May 13, 2004
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Forward
to the
July 19, 2004
Planning and Zoning
Board
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Town Council
forwarded the case to the
July 19, 2004
Planning and Zoning Board
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Planning
and Zoning Board
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July 19, 2004
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Staff
recommends forwarding to
August 12, 2004
Town Council Meeting
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Planning
and Zoning Board
forwarded to the August 12, Town Council Meeting with a
recommendation for approval provided that the applicant offer a
condition restricting the street connection between Winding Oak
Way and the proposed subdivision until 50% of the properties were
provided a Certificate of Occupancy (CO).
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Town
Council
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August 12, 2004
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Staff
recommends approval.
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Town
Council approved this request.
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STAFF
RECOMMENDATION
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Staff
believes that this request adequately meets the rezoning criteria
set forth in the Land Development Ordinance (3.4.1 (E)) and
recommends approval for the following reasons:
- This request is
consistent with the current Town of
Cary Land Use Plan
.
- Adequate public services
can be provided to the parcel (i.e. police, fire, utilities
etc.)
- The proposed rezoning is
unlikely to have a significant impact on the natural
environment.
- The proposed rezoning
will not have a significant adverse impact on other property
in the vicinity.
- The proposed zoning
classification is suitable for the property.
Staff
update:
The proposed zoning condition offered by the applicant and
recommended by the Planning and Zoning Board cannot be legally accepted.
Any condition offered must be more restrictive than the
ordinance. However, the condition can be evaluated at the time of
subdivision plan review.
Staff and the applicant have agreed to evaluate this
recommendation at that time.
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APPLICANT
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OWNER
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1010 Investors
LLC
100 Weston
Estates Way
Cary
,
NC
27513
919-481-3000
Applicant
Contact:
Chuck Smith
Withers & Ravenel
919-469-3340
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1010 Investors
LLC
100 Weston
Estates Way
Cary
,
NC
27513
919-481-3000
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PROJECT
DESCRIPTION
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This
project proposes a single family lot subdivision consisting of 92
parcels. Lots would be a minimum of 12,000 square feet.
The projected maximum density for the proposal is 2.2 units
per acre.
The
project contains the following conditions:
- Site density will not
exceed 2.2 DU/AC
- No mass grading will
take place in areas where there are existing trees. (Condition
added
07/03/04
)
- The internal circulation
system will be designed to provide access for local traffic
but, at the same time, will be designed to discourage cut
through traffic. (Condition added
07/03/04
)
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Parcel
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Maximum
Density (Du/Ac)
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Acreage
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Total
Units
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Minimum
Lot
Size
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SF-1
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2.2
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41.77
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92
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12,000
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APPLICANT’S
JUSTIFICATION STATEMENT
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Continuing
urbanization in south
Cary
has brought public utilities and improved public infrastructure
into the area. As a
result the area can support smaller lot subdivisions served by
public water and sewer and should continue to develop in this
manner to slow down the proliferation of septic tank subdivisions.
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CURRENT
USE & ZONING
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Current
Land
Use:
Residential and vacant land
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Proposed
Land Use: Low Density Residential
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Current
Zoning:
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Proposed
Zoning:
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Residential-30W (
Wake
County
), Swift Creek Watershed
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R-12 Conditional
Use within the Town of
Cary
corporate limits.
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ADJACENT
ZONING & LAND USES
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Existing
Use
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Existing
Land Use Plan
Designation
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North:
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Low
Density Residential (LDR)
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R-40W
(
Wake
County
)
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Low
Density Residential
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East:
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Low
Density Residential (LDR)
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R-30W
(
Wake
County
)
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Low
Density Residential
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South:
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Medium
Density Residential (MDR)
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R-10W
(
Wake
County
)
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Low
Density Residential
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West:
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Low
Density Residential (LDR)
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R-30W
(
Wake
County
)
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Low
Density Residential
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PLANNING
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Comprehensive
Plan Analysis
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The proposed rezoning
is consistent with the Land Use Plan.
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Open
Space Considerations
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The
tract contains mixed hardwood/conifer at the southwestern corner
of tract. This
forested area is part of a larger, contiguous and relatively
intact linear open space that extends south-southeasterly to the
Middle Creek floodplain, and associated with the proposed Camp
Branch Greenway corridor.
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Parks
and Greenways
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A
neighborhood park as well as the future Camp Branch Greenway is
proposed to be located adjacent to this development. If and when
these public facilities are developed, the applicant has agreed to
install a paved private trail connection to link with the
Preston-Powell subdivision.
If this rezoning
is approved, PRCR recommends a payment-in-lieu in place of
parkland dedication for the value of 2.63 acres. This
recommendation was reviewed and approved by the Parks, Recreation
and Cultural Resources Advisory Board at its July meeting.
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Transportation
Planning
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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.
Transportation
Plan Element:
As
part of site development,
Ten Ten Road
widening will be required. The
Town’s Comprehensive Transportation Plan designates
Ten Ten Road
to have an ultimate 78’ back-to-back cross-section (2 lanes in
each direction with a center-landscaped median).
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SCHOOL
INFORMATION
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Enrollment
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Permanent
Seat Capacity
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Average
Percent
occupied
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Projected
Number of Additional Students from Proposed Rezoning
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Elementary
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15,388
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12,745
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120.74%
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16
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Middle
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7,715
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7,116
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108.42%
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8
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High
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7,481
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6,625
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112.92%
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11
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Total
for all Area Schools
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30,584
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26,486
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115.47%
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35
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Penny Road
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654
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562
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116.37
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16
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Dillard
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1078
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1083
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99.54
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8
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*
Athens
Drive
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1769
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1642
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92.8
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11
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Total
for all Assigned Schools
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3501
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3287
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102.9
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35
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Current
Enrollment and Building
Capacity are based on the 20th day of the school
year for 2003 as supplied by the Wake County Public School System.
School assignment will be determined at the time of development.
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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.
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*Athens
Drive is not a
Western
Wake
School
.
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ENGINEERING
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Environmental
Considerations
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This project
meets all of the requirements of the Stormwater section of the
Engineering Department.
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Utilities
(Water and Sewer)
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This
development will be required to comply with all Town of
Cary
water and sewer policies and standards.
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Traffic
Impact Analysis
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No Traffic Impact
Study Required. A development of 92 dwelling units, during the AM
peak hour, will generate 69 trips and the PM peak hour will
generate 93 trips. The Average Daily Traffic volume is 880 trips
per day.
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PARCEL
& OWNER INFORMATION:
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Property
Owner(s)
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County
Parcel
Number
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Real
Estate ID(s)
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Area (Acres)
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1010 Investors
LLC
100 Weston
Estates Way
Cary
,
NC
27513
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0760584553
|
0056917
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41.77
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