TOWN OF CARY , NORTH CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO TOWN COUNCIL

Rezoning Petition:

04-REZ-16 Weycroft, from Residential (R-40) to Planned Development District Major (PDD Major)

Land Use Plan Amendment:

04-LPA-11, Change High Density Residential (HDR) and Medium Density Residential (MDR) areas to Low Density Residential (LDR), and remove a multiuse path.

 

Meeting

Date

Staff
Recommendation

Action

Town Council Public Hearing

September 9, 2004

Forward to the November 15, 2004 Planning and Zoning Board Meeting

Forwarded to the November 15, 2004 Planning and Zoning Board Meeting

Planning and Zoning Board

November 15, 2004

Staff recommends denial of the requests

The Planning and Zoning Board made a motion to forward to Town Council for approval.  The vote was tied 4-4.

Town Council

December 9, 2004

Staff recommends denial of the requests  

 

 

TOWN OF CARY CASE MANAGER

Beth Lewis, Senior Planner

Phone:  (919) 462-3942
Email:  beth.lewis@townofcary.org

 

STAFF RECOMMENDATION

Staff recommends denial of the rezoning request as it is currently presented.  The concerns are outlined below, but include issues with:

  1. The proposal’s effect on the Northwest Area Plan, both with regard to land uses and transportation issues.
  2. The density proposed and the effect on the transition between lower and higher densities.
  3. The configuration of the land proposed for parkland dedication.

 

APPLICANT

OWNERS

Jerry Turner
Jerry Turner and Associates, Inc.

905 Jones Franklin Rd.
Raleigh , NC 27606

Phone:  (919) 851-7150
Fax:  (919) 851-7547
Email:  jturner@jerryturnerassoc.com   

Glenn Futrell
4004 NC Highway 55
Cary , NC 27511
 

Jihad L. Libbus
109 Peachland Drive
Cary , NC 27519-6911

LOCATION

MAPS

West of Green Level to Durham Road and east of Amberly

Town of Cary Vicinity Map

Town of Cary Land Use Map

Town of Cary Zoning Map

Weycroft Land Use Master Plan Map

Weycroft Planned Development District Amendment

   

PROJECT DESCRIPTION

The proposed project is the Weycroft Planned District Development (PDD), consisting of 125 single-family detached residences on approximately 71.46 acres.  The overall density is planned at 1.8 units per acre.  See attached Master Land Use Plan for additional information.  

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size

0725899206

1.8 overall

44.0

 

10,000 sf

0725886399

1.8 overall

7.03

 

10,000 sf

0725876367

1.8 overall

20.43

 

10,000 sf

 

 

 

 

 

Total

 

71.46

125

 

 

APPLICANT’S JUSTIFICATION STATEMENT

“Weycroft PDD is a 70-acre planned residential development.  The use proposed is single-family detached residential.  The property is adjacent to Nancy Branch Linear Park .  The master plan provides for a maximum of 125 single-family dwelling units.  The overall gross density proposed for Weycroft is 1.8 dwelling units per acre.  The proposed land use of residential conforms to the Town’s adopted Land Use Plan.  However, the proposed density is not in compliance with the adopted Land Use Plan.  The adopted Plan designates this area for Medium Density Residential (MDR) to High Density Residential (HDR) development, with a note stipulating that densities in a large portion of the area should not exceed 10 dwelling units per acre.  With the submittal of the PDD, there is a request to simultaneously amend the adopted Land Use Plan to reflect Low Density Residential (LDR) development.  Pockets of lower density residential development in the northwest planning area offer numerous benefits to the Town of Cary .  Lower density developments provide the opportunity to save more trees.  Less existing vegetation is removed thus keeping more of the natural vegetation.  Less density helps to reduce traffic congestion by generating fewer trips.  Furthermore, the lower densities will lessen the amount of impervious coverage and will minimize stormwater impact.”  

CURRENT AND PROPOSED LAND USE PLAN & ZONING

Current Parcel Designations in Cary ’s Land Use Plan:   

North of the east-west collector road:  Medium to Density Residential (MDR to HDR)

South of the east-west collector road:  Medium Density Residential (MDR)

Proposed Amendment to Land Use Plan:

Low Density Residential (LDR) throughout. 

Other:

§         Request to amend the Northwest Area Plan to remove the multiuse path on the west side of Green Level to Durham Road , and replace it with a 5’ sidewalk.

Current Zoning:  Residential 40 (R-40)

Proposed Zoning:  Planned Development District Major (PDD Major)

 

ADJACENT ZONING & LAND USES

 

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Vacant
Single family residence

Residential 40 (R-40)

High Density Residential (HDR)

East:

Vacant
Single family residence

Residential 40 (R-40)

Medium Density Residential (MDR)

South:

Vacant

Planned Development District Major, Amberly PDD

Medium Density Residential (MDR)

West:

Vacant

Planned Development District Major, Amberly PDD

High Density Residential (HDR), Medium Density Residential (MDR)

 

PLANNING

Comprehensive Plan Analysis

The Land Use Plan element that governs this part of Cary is the Northwest Area Plan, adopted by Council in September 2002.  The Northwest Area Plan designates the northern half of the subject tract as “Medium to High Density Residential” (i.e., 3-8 or 8+ dwellings/acre), and the southern half as “Medium Density Residential” (3-8 dwellings/acre).  (See Map 1, NW Area Plan.)

The rezoning proposal specifies a gross density of 1.8 dwellings per acre, single family only.  Thus, this rezoning would require an amendment to the Northwest Area Plan to change the parcel’s land use designation to “Low Density Residential” (1-3 dwellings per acre, single family detached).

Staff Analysis

Staff does not support the rezoning proposal and its Land Use Plan amendment to convert the entire Weycroft tract to low density residential uses.  It is felt that the rezoning proposal compromises the vision, spirit, and intent of the Northwest Area Plan, in the following ways: 

1.       The proposal compromises the NW Plan’s strategic arrangement of residential densities.  The NW Area Plan concentrates future moderate and higher intensity uses in strategic locations close to Research Triangle Park (RTP), and/or within the six mixed-use activity centers that are distributed at strategic locations.  Moving westward towards Jordan Lake or southward towards Green Level, residential densities gradually transition to medium density, and then low density, and then very-low density. (See Map 1, NW Area Plan.)  This land use pattern will help reduce regional traffic congestion by placing more population near the shortest and most direct commute routes to RTP. 

The subject rezoning would place low density residential in one of the Plan’s most strategic locations for medium and high-density residential.  The subject area is located within a mile of the future interchange of I-540 at NC-55.  The site is also served by a future Transit Loop and a direct greenway direct connection to RTP, as discussed below.   

2.       The proposal does not support or capitalize on the adjacent Transit Loop .  The NW Area Plan reserves additional right-of-way along Green Level to Durham Road , as well as along four other thoroughfares, to form a future Transit Loop system linking NW Cary and RTP.  (The Transit Loop is highlighted in yellow on Map 3 of the NW Area Plan, and is discussed in Chapter 3, Section 3.3, of the NW Plan.)  In general, moderate and higher densities are encouraged and needed along the Transit Loop, and not low density residential as proposed by the rezoning. 

3.       The proposal does not maximize the utility or potential of the greenway and multiuse path system.  The subject rezoning lies adjacent to two future greenways (one along Nancy Branch) and one off-road multiuse path (along Green Level to Durham Road), all three of which provide direct linkages to Research Triangle Park and Carpenter.  A low density residential use at this site would fail to capitalize on this formidable opportunity to provide multiple alternate modes of travel and commuting (to RTP, esp.) to a wider population.  (See Map 2, NW Area Plan.)

4.       The proposal is inconsistent with the Community Activity Center .  The northern half of Weycroft lies within a Community Activity Center (CAC) focused around Amberly’s Village Center . (See Section 2.4, Chapter 4, of the NW Area Plan.)  An activity center is intended to contain an intense mix of uses, including retail, office, and medium- and higher-density housing.  Low density residential uses – such as that proposed in the rezoning request – are not envisioned within activity centers, and are not allowed within a Community Activity Center Overlay District.  Accordingly, the land use recommendations in the NW Area Plan for the subject site reflect the Town’s long-standing policy of providing medium-to-high density residential uses in and around activity centers, in order to place population within walking distance of shopping, amenities, and future transit services.

5.       The proposal does not provide appropriate density transitions.  One of the guiding principles of the Comprehensive Plan is the provision of gradual transitions between residential densities.  The area immediately north of Weycroft is high density residential in the NW Area Plan.  Immediately northwest of Weycroft is the Village Center of Amberly, with an intense mix of shopping, office, and high density residential.  The land immediately west of Weycroft is zoned for high density residential at up 20 dwellings/acre (adjacent to the northern half of Weycroft) and 16 dwellings/acre (adjacent to the southern half).  A gradual density transition will not be achieved by placing low density residential at 1.8 dwellings per acre immediately adjacent to these very intense adjacent uses.

6.       The proposal will spawn future land-use conflicts.  Introducing the proposed low density residential uses amidst areas already zoned and planned for high density residential will pose difficulties for both future Weycroft residents and owners of the adjacent high density parcels.  The latter owners – and Town Council – can expect to encounter protests from future Weycroft residents when the adjacent land owners request at some later date to develop their properties as high density, even though they already have such zoning.

7.       The proposal runs counter to the governing policy framework for the Northwest and Southwest Area Plans.  The Northwest Area Plan was created to work in conjunction with the Southwest Area Plan, to jointly encourage higher density development in the northwest portion of Cary – near and adjacent to RTP – and to encourage lower density development in southwest Cary . 

There are several additional considerations:

8.       Compliance with the Comprehensive Plan can be achieved while still enabling some or all of Weycroft to develop as single family detached housing.  The NW Plan recommends medium to high density housing.  Medium density housing (3-8 homes/acre) can accommodate single family detached or attached, patio homes, townhomes, or any mix thereof.  The density goal applies to the overall site, and is considered an average gross density.  Thus, the site could include sections of low density single family “nested” among sections of medium- or higher-density housing products, in order to achieve an overall average of medium density.  Under such an approach, compatible medium- and/or higher-density housing products should be used as a transition to the north and west of the site.

9.       There is adequate land supply elsewhere for low density housing.  The Northwest and Southwest Area Plans include hundreds of acres elsewhere for future low density residential.  In addition, a number of PDD’s have been approved with large and dominant amounts of low density zoning, including Cameron Pond PDD, Stonewater PDD, Forest Oaks PDD, Stonebridge PDD, and Amberly PDD.  Additional low-density applications are currently in the pre-application stages.  

Design considerations

If the stream buffer width is to be reduced to 100-120 feet, it is recommended that a street be installed between the buffer and its associated greenway, and the residential lots.  This will permit the open space to function as planned, as an amenity for all of the residents of the area, rather than an extension of the rear yards of the residences that might back up to it.  The lots that border the street would then have the open space and greenway as an amenity.  Since a site plan for the Amberly development to the west has not been submitted for this area, that road could extend into Amberly to offer further access to the greenway and open space from the west.

Open Space Considerations

The Futrell tracts (parcels #9206 and #6399) are wooded, predominantly in mixed hardwood-conifer forest.  The Libbus tract (parcel #6367) is about 50% wooded and 50% cleared, with a farm pond and buffer at the northern end.  There are no historic resources located on the site, based on the Town’s Open Space and Historic Resource Plan.

Cary ’s Northwest Area Plan recommends the creation of four linear “open space corridors” along four key streams.  (NW Area Plan, Chapter 1, Section 1.3)  One of those streams, Nancy Branch, runs across the northern end of the subject property. The open space corridors are intended to be approximately 400 feet wide on average, equivalent to an average 200 ft. buffer each side of the stream.  (Roughly double the 100 ft. buffers required by ordinance.)  Chapter 4 of the NW Plan, Section 4.1, explains the purpose and rationale for the stream corridors.  The additional buffer width was intended to offset the water quality impacts associated with high intensity development, and to provide a linear open space amenity worthy of organizing development around and fronting homes and buildings toward. 

Staff is currently re-evaluating the Plan’s buffer width recommendation, to potentially reduce the overall buffer width based on new information and guidelines from the NC Division of Water Quality.  One future approach may be to make the buffer width vary according to the intensity of the proposed adjacent development.  With such an approach, for low or medium-density residential development, a buffer width of 100 to 120 ft. or so might be more appropriate.  For these reasons, staff recommends allowing Weycroft to reduce the average buffer width to 100-120 ft. each side of the stream, provided that (a) a 30 ft. greenway easement is provided outside of the buffer, on the north side of the stream, and (b) BMP’s are not allowed to encroach in the outer 50 ft. of the buffer.

Parks and Greenways

Staff does not support the rezoning proposal of providing a 15.2 acre open space/linear park along Nancy Branch. By ordinance, this rezoning proposal is only required to provide 3.5 acres of parkland. Despite the amount of acreage offered to the Town, the configuration of this land does not meet the intention of the land dedication ordinance.  Consequently, staff is requesting the following:

·      Approval of a payment-in-lieu in place of parkland dedication for the value of 3.57 acres.

·      Acceptance of 30’ wide greenway easement along north side of Nancy Branch, to be located outside the 100’ buffer.

·      Acceptance of a greenway easement through the buffer along the west side of Weycroft.

The Parks, Recreation and Cultural Resources Advisory Board voted unanimously in support of these conditions at its November meeting.

Transportation Planning

The applicant will meet the requirements of the Comprehensive Transportation Plan. A 5’ sidewalk with planting strip will be installed along the west side of Green Level to Durham Rd. in place of a 10’ multi-use path. This area falls within the C-Tran service area.

School Information

 
Enrollment

Permanent Seat Capacity

Average
Percent Occupied

Projected Number of Additional Students

 

Elementary

15,388

12,745

120.74%

22

Middle

7,715

7,116

108.42%

11

High

7,481

6,625

112.92%

15

Total for all Area Schools

30,584

26,486

115.47%

48

Assigned Schools

Green Hope Elementary

893

668

133.68%

22

West Cary Middle

1,043

888

117.45%

11

Green Hope High

2,005

1,675