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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-17
Ten Ten Road
(Residential-30
Wake
County
to Residential-12 Conditional Use)
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Land
Use Plan Amendment:
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None required.
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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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October 14, 2004
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Forward to the
December 20, 2004
, Planning Board meeting
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Forwarded to the
December 20, 2004
, Planning Board meeting
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Planning and
Zoning Board
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December 20, 2004
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Staff recommends
approval of the requests, with conditions.
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Planning and
Zoning Board voted to approve the request with condition 9 remaining
(limiting access to Halstead Subdivision).
The vote split 3 to 3.
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Town Council
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January 13, 2005
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Staff recommends
approval of the request with conditions.
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TOWN
OF
CARY
CASE MANAGER
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Bob
Benfield, Senior Planner
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Phone:
(919) 469-4045
Email: bob.benfield@townofcary.org
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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 with conditions 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.
The
recommendation of approval includes the elimination of zoning
conditions 9, 12 and 13.
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APPLICANT
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OWNERS
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Kyle
Ward/Mike Hunter
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Miller
Blackman Ten Ten
LLC
3413 Horton Street
Raleigh
,
NC
27607
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LOCATION
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MAPS
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The
property is located at
4600
Ten Ten Road
and south of
Ten
Ten Road
,
approximately 900’ east of the intersection of
Holly
Springs Road
and
Ten Ten Road
.
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Vicinity
Map
Land
Use Map
Zoning
Map
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PROJECT
DESCRIPTION
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Case
04-REZ-17 requests to rezone property from Residential-30 Wake
County (R-30W), to
Cary
’s
Residential-12 Conditional Use District (R-12 CU).
The property is currently outside
Cary
’s zoning
jurisdiction and would need to be annexed. An annexation petition
has been submitted and is being processed.
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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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0760865174
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1
to 3 Units/Acre Allowed (1.93 Du/Ac. Proposed)
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56.88
Acres
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110
Lots Max.
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12,000
Sq. Ft.
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Total
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56.88
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110
Lots Max
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PROPOSED
ZONING CONDITIONS
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1.
The maximum number of dwelling units shall be limited to 110.
2.
Permitted Uses shall be limited to:
a. Single-family
detached residential units;
b. Parks and
recreation (public and non-profit uses);
c. Amenities
and accessory residential uses;
All uses otherwise allowed in the R-12 zoning district shall
be prohibited.
3.
Pending written request by the Town of
Cary
’s Parks and Recreation Department and reimbursement/credits from
the Town, a 20’ (minimum) easement for a greenway trail will be
dedicated by the developer. The greenway will generally be located
as shown on the Exhibit map. Final determination of the exact width
and location of the greenway will be made at the time of final
subdivision approval.
4.
A private active recreation area will be provided by the
developer, and final determination of the location and size of this
area will be made at the time of subdivision approval.
5.
A 20’ opaque (Type A) perimeter buffer as indicated on
“Exhibit A” will be provided along the eastern-most property
line adjacent to the Halstead Subdivision.
The developer will provide Halstead Subdivision with a copy
of the Landscape Plan prior to site plan submittal.
6.
A minimum 20’ semi-opaque landscape easement along the
perimeter of the property will be provided. Where no vegetation
exists, supplemental planting shall be provided to achieve an opaque
screen. The easement
will be maintained by the Homeowner’s Association associated with
this development.
7. Developer
agrees not to clear-cut residential lots during development of
property.
8.
At least one traffic calming device which meets Town of
Cary
guidelines will be provided within the proposed development located
near
Meadowhaven Drive
.
9. **The public street stub required at
Meadowhaven Drive
in Halstead Subdivision shall not be opened prior to 90% build-out.
The connection shall be barricaded in a manner that allows
emergency vehicle access, but expressly prohibits both construction
traffic and traffic by local residents.
Upon construction of the road and at the 90th
Certificate of Occupancy (90%), this barricade shall be lifted for
full vehicular access.
10. The stormwater pond(s) to be located
on site would be screened with a landscape buffer, berm or fencing.
The exact manner will be determined at the time of site plan
approval.
11. In
order to provide screening to Orchard Knolls and to save existing
hardwoods in the southwestern portion of the site, a 50’ minimum
tree save area along the southwestern perimeter of the site adjacent
to Orchard Knolls will be undisturbed except for utilities and the
greenway easement. The
50’ buffer would be composed of a 20’ undisturbed buffer closest
to the property line with a 30’ landscape easement to be
incorporated within the lots. The
landscape easement portion would be maintained by the Homeowners
Associated with this development (see exhibit A).
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12.**All debris associated with
development would be removed from the site.
No on-site burning would be permitted.
13.**Streetlights within the development
would be provided in accordance with the adopted regulations for the
Town of
Cary
. Standard streetlight
fixtures shall be enclosed high pressure sodium cutoff lamps not to
exceed 25’ in height.
**Zoning
conditions 9, 12 and 13 (access to Halstead Subdivision, no burning
of debris on site and street lighting standards) are not land use
related, but rather development plan related and therefore should be
removed as zoning conditions.
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APPLICANT’S
JUSTIFICATION STATEMENT
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In
keeping with the surrounding land uses in the area, the proposed
development would be single-family. The
maximum overall density would be 2.20 units per acre, well within
the required low density residential land use designation required
by the Town’s Land Use Plan.
The
property is currently zoned Residential-30 Wake County (R-30W),
which would not allow for efficient or practical use of the land.
The proposed rezoning of Residential-12 Conditional Use (R-12
CU) would allow for development of this 57 acre parcel in a more
functional and cohesive manner.
Several other residential subdivisions have been annexed and
developed within this same general area along
Ten Ten Road
under a Residential-12 Conditional Use designation (R-12 CU).
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EXISTING
& PROPOSED TOWN OF
CARY
LAND USE PLAN DESIGNATION
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Current
Land
Use Plan designation: Low
Density Residential (1-3 dwellings per acre, single-family
detached).
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Proposed
Land Use Plan Designation: Same.
No change.
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EXISTING
& PROPOSED ZONING
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Current
Zoning:
Wake
County
’s
Residential-30 District
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Proposed
Zoning:
Cary
’s
Residential-12 Conditional Use District
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ADJACENT
EXISTING LAND USES, ZONING,
and LAND USE PLAN DESIGNATIONS
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Existing
Use
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Existing
Land Use Plan Designation
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North:
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Single-family
detached
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Residential-30
Wake
County
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Low
Density Residential (LDR)
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East:
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Single-family
detached
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Residential-30
Wake
County
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Low
Density Residential (LDR)
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South:
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Single-family
detached
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Residential-30
Wake
County
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Low
Density Residential (LDR)
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West:
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Single-family
detached
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Residential-30
Wake
County
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Very
Low Density Residential (VLDR)
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PLANNING
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Comprehensive
Plan Analysis
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This
proposal is in compliance with the Town’s long-range Land Use Plan
for this area, which recommends Low Density Residential (LDR) uses,
defined as 1-3 dwellings/acre, single-family detached.
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Open
Space Considerations
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The
Town’s Open Space and Historic Resources Plan identifies
significant natural resources associated with the stream buffer
running along the southeastern edge of the property, where there
exists mixed hardwood and conifer forest.
The required stream buffer and landscape easements will
preserve the contiguity of this wooded area.
The greenway corridor, which parallels the stream along the
southeastern edge, is considered a priority open space area.
There are no identified historic resources on this property.
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Parks
and Greenways
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A
public greenway is proposed for this property based on approved
recommendations of the Parks, Recreation and Cultural Resources
Facilities Master Plan PCRC. In
addition, a payment-in-lieu will be required for the value of 3.57
acres of dedicated parkland.
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Transportation
Planning
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This
location is within the C-Tran service area. The Comprehensive
Transportation Plan requires a 4-lane median divided section for
Ten Ten Road
. Sidewalk
is required on both sides of
Ten Ten Road
.
Outside lanes 14’ wide are required on
Ten Ten Road
to accommodate
bicycles. The
subdivision is required to meet connectivity requirements as set
forth in
Cary
’s LDO.
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School
Information
(Based on
applicant’s estimated 125 lots max.)
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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
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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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22
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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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11
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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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15
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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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48
|
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Yates
Mill Pond Elementary
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470
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631
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75%
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22
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Dillard
Middle
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1,078
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1,083
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99.5%
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11
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Middle
Creek High
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2,040
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2,071
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98.5%
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15
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Total
for all Assigned Schools
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3,588
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3,785
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94.8%
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48
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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 School System.
School assignment will be determined at the time of development.
Projected
Number of Additional Students is
a rough approximation. The
actual number of students will fluctuate depending on several variables,
such as: dwelling unit type, number of bedrooms, dwelling size, and other
factors. A more definitive
estimation will be proposed with the site plan submittal, the time at
which the applicant is required to secure a Certificate of Adequate
Educational Facilities from the Wake County School System.
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ENGINEERING
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Environmental
Considerations
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The
project will be required to meet the nitrogen requirements of the
Town of
Cary
.
Riparian buffers are associated with this project.
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Utilities
(Water and Sewer)
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The
proposed zoning requires the developer to utilize Town of
Cary
public water and sewer when the property is developed. Town of
Cary
utility policies and standards will apply to this development.
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Traffic
Impact Analysis
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A
Traffic Impact Study has been prepared by the Town Traffic
Consultant, MAB, dated
September 24,
2004
.
Report
Recommendations:
·
Ten Ten
at Holly
Springs Roads Intersection – Construct an exclusive westbound
right turn lane along
Ten Ten Road
.
·
Ten Ten Road
at site
driveway – Construct an exclusive westbound left turn lane and
eastbound right turn lane along
Ten Ten Road
.
Construct
two lanes of egress at site driveway.
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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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