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TOWN
OF CARY
,
NORTH CAROLINA
REQUEST FOR REZONING STAFF RECOMMENDATION TO
THE TOWN COUNCIL
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Rezoning
Petition:
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04-REZ-24
(Turner Creek Planned Development District (PDD)
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Land
Use Plan Amendment:
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N/A
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Meeting
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Date
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Staff
Recommendation
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Action
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Town Council
Public Hearing
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January 13, 2005
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Forward to the
March 21, 2005
Planning and Zoning Board Meeting
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Forwarded to the
March 21, 2005
Planning and Zoning Board Meeting
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Planning and
Zoning Board
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March 21, 2005
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Staff recommends
approval of the request
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Forwarded to Town
Council with a 6-2 recommendation of approval with a limit of 300
units.
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Town Council
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April 14, 2005
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Staff recommends
approval of the request
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Tabled awaiting
annexation petition
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Town Council
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May 12, 2005
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Staff recommends
approval of the request
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Tabled by
applicant
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Town Council
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May 26, 2005
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Staff recommends
approval of the request
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TOWN
OF
CARY
CASE MANAGER
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Angela Reincke,
Senior Planner
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Phone:
(919) 462-3942
E-mail: angela.reincke@townofcary.org
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STAFF
RECOMMENDATION
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Staff
recommends approval of the request.
The request was reviewed for compliance with the rezoning
criteria established in Sec. 3.4.1(E) of the Land Development
Ordinance (LDO) and was found to meet them as follows:
- The
request is consistent with the Comprehensive Plan.
The requested Planned Development District is located in
the Southwest Area Plan (SWAP).
The proposed Turner Creek project meets the use, density
and minimum lot size requirements of
the plan
- Adequate
public services are available.
Utility extensions will be made by the developer from
adjacent water and sewer lines.
- The
proposed rezoning is unlikely to have significant adverse
impacts on the environment.
Regional environmental impacts were mitigated through the
adoption of the SWAP, which Turner Creek meets.
Approximately 21% of this site will be left in stream
buffers and open space.
- The
proposed rezoning will not have significant impacts on other
property in the vicinity of the subject tract.
This plan meets the SWAP in having the low density,
single family detached and medium density residential on the
east side of the proposed I-540 corridor.
- The
proposed zoning classification is suitable for the subject
property.
This request aligns the development plan for the area
with the applicable Area Plan.
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PLANNING
AND ZONING BOARD ACTION
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The
Planning and Zoning Board summarized the resident concerns into four
focus areas. The main
issues were: Connectivity
and Access, Density, Schools and LDO/SWAP requirements.
1) Connectivity
and Access. The
discussion on connectivity focused on the requirements of Sec 7.10.3
of the LDO related to providing a second access point when a
development exceeded 100 units.
In response to site specific conditions Planning, Fire,
Police, and Engineering staff met and provided a determination that
a cap of 300 units receiving their Certificate of Occupancy prior to
a second access beginning constructed would be a safe alternative.
The
Board discussed their concerns about the safety of this alternative
and determined that 300 units would be the maximum unit count
accessible.
2) Density.
The second item discussed was
density. It was
confirmed that the proposal met the SWAP and that the 3.55 unit per
acre density that was proposed was far below what the plan could
allow.
3) Schools.
The third item was a discussion
on the proximity to
Turner
Creek
Elementary school
and regarding school traffic. Sidewalks
and school hours were discussed.
4) LDO/SWAP
requirements. The
last item was LDO /SWAP requirements.
Staff responded to questions that the plan as presented met
all applicable LDO requirements. In
addition it met the intent of all site specific notes (6a & 6b)
that were included in the SWAP.
An initial motion was made to deny the request.
After further discussion about the 300 unit proposal and
access/safety concerns this motion was withdrawn.
A final motion was made to approve the request with a maximum
of three hundred units. The
motion was approved 6 -2. Of the two dissenting votes one member
felt that there was not enough public input into the new motion.
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CHANGES
SINCE PLANNING AND ZONING BOARD PUBLIC HEARING
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Conditions
reviewed by Planning and Zoning Board.
The
lots adjacent to Chesney Glen Subdivision will be a minimum of
12,000 square feet and will average 14,000 square feet.
Vehicular
access for the maximum of 491 dwelling units will be provided from
the extension of
Turner
Creek Road
.
While practical and physical barriers to providing other
external road connectors exist, all reasonable, good-faith efforts
to provide one or more additional road connectors will be pursued by
the developer and/or the Town of Cary as development proceeds.
Future roadway options include:
1.
A
connection through adjacent properties to the east to Highway 55;
2.
The
continuation of
Turner
Creek Road westward
(under or over I-540);
3.
A
connection to the south to
Wade
Drive
;
and/or
4.
A
connection to existing streets in Chesney Glen subdivision.
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Changes since the Planning and Zoning Board Meeting.
The
lots adjacent to Chesney Glen Subdivision will be a minimum of
12,000 square feet and will average 14,000 square feet.
Vehicular
access for the maximum of 300 dwelling units will be
provided from the extension of
Turner
Creek Road
.
While practical and physical barriers to providing other
external road connectors exist, all reasonable, good-faith efforts
to provide one or more additional road connectors will be pursued by
the developer and/or the Town of Cary as development proceeds.
Future roadway options include:
1.
A
connection through adjacent properties to the east to Highway 55;
2.
The
continuation of
Turner
Creek Road westward
(under or over I-540);
3.
A
connection to the south to
Wade
Drive
;
and/or
4.
A
connection to existing streets in Chesney Glen subdivision.
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In
the event that the Town purchases or otherwise acquires the
requisite interests to construct another road connector, the
developer shall contribute the sum of $150,000 towards such
construction. The
developer's financial obligation hereunder shall lapse five years
following the date of rezoning approval.
Regardless,
at the time of development plan review, future subdivision and/or
site plans within the Turner Creek PDD will be required to provide
an internal street layout conducive to logical external connections
so as not to preclude such connection(s) through adjoining
properties.
A
30 foot landscape strip will be provided along the Chesney Glen
development.
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In
the event that the Town purchases or otherwise acquires the
requisite interests to construct another road connector, the
developer shall contribute the sum of $150,000 towards such
construction. The
developer's financial obligation hereunder shall lapse five years
following the date of rezoning approval
Regardless,
at the time of development plan review, future subdivision and/or
site plans within the Turner Creek PDD will be required to provide
an internal street layout conducive to logical external connections
so as not to preclude such connection(s) through adjoining
properties.
A
30 foot type A buffer will be provided along the Chesney Glen
development.
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STAFF
ANALYSIS
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Adjacent
Resident Requests Since Planning and Zoning Board Meeting
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Staff
Responses
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Adjacent
residents have requested the following conditions:
1.
The
development should be limited to a total density of 100 single
family detached dwellings.
2.
Removal
of General Development 1.3.4, which includes the four possible
second access roads. These proposed roads that must be removed
include:
·Proposed
road through Chesney Glen
·Proposed
road through Wade Drive/Roberts Road
·Proposed
road through Herndon tract
·Proposed
road west under or over I-540
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Staff
has reviewed the requests by adjacent residents and has the
following responses.
1.
The Southwest Area Plan indicates that nearly 700 units would
be appropriate on this property.
Using the existing Residential-40 zoning this property could
support 137 units. Based
on the fact that the applicant has limited the request to 300 units,
staff believes that allowing only 100 units is unreasonable.
Limiting the number of units based on the presumption
that a secondary access could not be provided is not appropriate
since the access locations will be addressed at the time of Site or
Subdivision Plan Review.
2.
Staff has been actively researching all potential connections
and believes that a viable access location will be determined at the
time of Site or Subdivision Plan Review.
Section 4.2.3(D) (3) (b) 5 of the LDO prohibits waiving or
modifying connectivity requirements in a Planned Development
District. Staff
recommends that the list of potential connections be removed from
the petition.
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The buffer between Chesney Glen and the proposed development
along the North Side of tract 1 should be a 30-foot Type A opaque
buffer NOT owned by the adjacent homeowners.
Instead, the buffer should be deeded to the Turner Creek HOA.
In addition, Chesney Glen and Ashley Woods HOA want a right
to ‘force action’ to be granted to adjacent property owners for
violations of Turner Creek PDD HOA covenants.
4.
The traffic study needs to be repeated and evaluated prior to
any site work.
5.
Orange tree-save fences will be placed prior to any site work
along the entire North and South borders.
In addition, these areas will remain undisturbed for any
reason without Town of
Cary
enforcement
approval and notification of the Chesney Glen HOA, Ashley Woods HOA
and GreenHaven Representatives.
6.
A tree survey will be undertaken prior to any site work along
the entire North and South borders.
7.
Sidewalks must be provided on both sides of
Turner Creek
Road
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8.
Within the proposal, list the tract where the possible
Recreational Facility will be located.
9.
Construction
to begin after
9:30 a.m.
and no
construction traffic during the school arrival and dismissal times.
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3.
The applicant has provided a 30 foot Type “A” buffer
adjacent to the Chesney Glen development where a 20 foot landscape
easement is required. This
buffer will be designated as common open space maintained by the
Turner Creek Home Owners Association. Chesney Glen cannot be legally
granted the authority to enforce the buffer standards.
However, the Town of
Cary
will enforce
the open space requirements.
4.
Town Staff has evaluated the study and supports the findings.
The study was based on the original petition for 600+ units.
Now that the total number of units is 300, the estimated
traffic impact will be less at all locations.
The High House Road and NC Hwy 55 intersection is no longer
subject to review due to the 300 units not producing 7% of the
traffic for this intersection and it is located over 1 mile from the
site. Even studying the
impact of 600+ units, all studied intersections will function at a
Level of Service “C” or better at the time of the original 600+
unit study.
5.
Tree
protection fencing is required for all common open space and tree
save areas. The fencing
is illustrated on grading and landscaping plans in the Site
and Subdivision Plan review
plan set. This is a Land
Development Ordinance Requirement and is enforced by the Town of
Cary
.
We notify all adjacent parcels within 400 feet when a major
site or subdivision plan is submitted for resident input.
6.
Tree surveys are required where areas are to be disturbed and
a census of existing trees is conducted to ensure compliance with
buffer or streetscape requirements.
Trees located in protected buffers and tree save areas are
surrounded by tree protection fencing.
7.
Turner Creek Road
is required to
be constructed with sidewalks on each side as adjacent properties
are developed. This
would cover only the tracts included within this petition.
Other properties along Turner Creek road would construct
sidewalks as they developed.
8.
A
recreational facility is a permitted use in a residential
development. The
applicant has indicated that a recreational facility might be
constructed as part of this project.
The location of this facility will be indicated at the time
of Site and Subdivision Plan review,
if the applicant provides such an amenity for the residents of
Turner Creek.
9.
Limiting hours of construction outside of what the Ordinance allows
could impact the time line of construction, extending the time this
site was being developed. The
Turner
Creek
Elementary
School
has a delayed
start time to avoid peak traffic.
Standard construction hours (
7:30am-4:30pm
) would have the
construction traffic operating predominately outside of school
arrival and dismissal times (
9:15 am- 3:45pm
).
Enforcing restricted access to vehicles to the site would be
difficult. In addition,
providing a queuing area for contractors and deliveries arriving
outside of the designated times would be extremely difficult to
manage.
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APPLICANT
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OWNERS
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Jerry Turner
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh
,
NC
27606
Phone (919) 851-7150
FAX (919) 851-7547
jturner@jerryturnerassoc.com
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Beavers Farms II
Limited Partnership
2912 Green Level Road West
Cary
,
NC
27519
Beavers Farms I
Limited Partnership
2912 Green Level Road West
Cary
,
NC
27519
Sue B. Crabtree
4404 Green Level Road West
Apex
,
NC
27523-9447
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PROJECT
DESCRIPTION
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Turner
Creek PDD is proposed as a 133.81 acre master planned residential
community with a mix of housing types.
The proposal calls for a mixture of single family detached
structures and townhomes. The
master plan provides for a maximum of number of 300 dwelling units
with an overall density of 2.24units per acre.
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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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0733576669
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N/A
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83.71
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N/A
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N/A
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0733568127
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39.93
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0733476511
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10.17
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Total
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2.24
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133.81
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300
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4,000
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APPLICANT’S
JUSTIFICATION STATEMENT (
November
1, 2004
)
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Turner
Creek is a proposed 138.17 acre Planned Development District (PDD).
The property is located within the Southwest Area Plan that
was adopted in August 2004 by the Town of Cary.
The proposed PDD complies with the Southwest Area Plan.
The Turner Creek PDD Land Use Plan proposes Low Density
Residential (LDR) development to Medium Density Residential (MDR)
development as per the Southwest Area Plan.
The total number of residential dwelling units proposed is
491. The overall gross
density is 3.55 dwelling units per acre.
The applicant understands the importance of saving open
space. There are 29.24
acres of open space being provided within the proposed Tuner Creek
PDD. The open space
requirement for the PDD is 17.3 acres.
The applicant is proposing a land dedication, payment-in-lieu
or a trail connection to the White Oak Creek greenway that is
planned just north of Turner Creek PDD or a combination of these to
satisfy the Town’s recreation dedication requirement.
Vehicular access is provided from the extension of
Turner Creek
Road.
Future access points are also proposed.
The applicant may also consider other street designs or
emergency access alternatives that might be appropriate.
Sidewalks are planned for one side of all streets except
cul-de-sacs.
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CURRENT
USE & ZONING
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Current
Land
Use: Low
Density Residential to Medium Density Residential. (LDR to MDR)
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Proposed
Land Use: Planned
Development District (PDD) Major with Mixed Density Residential.
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Current
Zoning: Residential
40 (R-40) Wake County
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Proposed
Zoning: Planned
Development District Major (PDD)
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ADJACENT
ZONING & LAND USES
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Existing
Use
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Existing
Land Use Designation
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North:
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Residential
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Residential-40,
R-40(Wake)
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Parkland
(PKS)
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East:
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Residential
(Chesney Glen) & School
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Residential-8,
R-8(
Cary
)
Residential-40,
R-40(
Cary
)
Residential
-40, R-40(Wake)
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Low
Density Residential (LDR); Medium Density Residential (MDR);
Office/Institutional
(OFC/INS)
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South:
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Residential
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Residential-40,
R-40(Wake)
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Very
Low Density Residential (VLDR)
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West:
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Residential
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Residential-40,
R-40 (Wake)
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Parkland
(PKS)
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PLANNING
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Comprehensive
Plan Analysis
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The
proposal conforms to the land uses and densities set forth in the
Southwest Area Plan (SWAP). Concerns
were raised at the first public hearing on the densities proposed.
The plan has been revised and the applicant has agreed to a
maximum of 300 units with an overall maximum density of 2.24 units
per acre. Staff supports
that the proposal meets the intent of the Southwest Area Plan as
noted below:
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