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

Rezoning Petition:

04-REZ-30 Copperleaf Planned Development District (PDD)

Land Use Plan Amendment:

N/A

 

Meeting

Date

Staff Recommendation

Action

Town Council Public Hearing

February 24, 2005

Recommend forwarding the requests to the April 18, 2005 Planning and Zoning Board meeting

Forwarded to the April 18, 2005 Planning and Zoning Board Meeting

Planning and Zoning Board

April 18, 2005

Staff recommends approval of the request

The Planning and Zoning Board voted unanimously (10-1) to forward the request to the Town Council with a recommendation of approval

Town Council

May 12, 2005

Staff recommends approval of the request

 

 

TOWN OF CARY CASE MANAGER

Angela Reincke, Senior Planner

Phone:  (919) 462-3942
angela.reincke@townofcary.org

 

STAFF RECOMMENDATION

Staff believes that this request complies with the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)) and recommends approval for the following reasons:  

  1. This request is consistent with the current Town of Cary Land Use Plan .  The Planned Development District is located in the Southwest Area Plan.  The proposed Copperleaf meets the density and minimum lot size requirements of the plan.
  2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.)  Utility extensions will be made by the developer from applicable water and sewer lines.
  3. The proposed rezoning is unlikely to have a significant impact on the natural environment.  Environmental impacts were mitigated through the adoption of the Southwest Area Plan, which copperleaf meets.  Approximately 8.4 acres of the site will be left in stream buffers and open space and 3.49 acres are designated for a private recreational center.
  4. The proposed rezoning will not have a significant adverse impact on other property in the vicinity.  This plan meets the Southwest Area Plan in having very low density single family detached residential development.
  5. The proposed zoning classification is suitable for the property.  This request aligns the development plan for the area with the applicable Area Plan.

   

APPLICANT

OWNERS

Withers & Ravenel, Inc.
111 MacKenan Drive
Cary , NC 27511
(919) 469-3340
Fax (919) 467-6008
csmith@withersravenel.com

Derby Downs LLC
740-A NW Broad St .
Southern Pines, NC 28387

 

PLANNING & ZONING BOARD ACTION

The Planning and Zoning Board voted unanimously to recommend the approval of the request as presented.  Concerns discussed by the Board included the future alignment of a north–south collector road which is illustrated on the Southwest Area Plan.  Staff responded that at this time a final alignment for this had not been determined by the Engineering Department.  If the proposed collector were to align on the eastern edge of the property, the applicant would be required to make the improvements as required at time of site plan approval.  In addition there were questions about the proposed alignment of an east-west collector road through the project.  This location was determined due to the restricted crossing of the American Tobacco Trail.  There were questions about the width and location of the proposed greenway/multipurpose trail and the trails internal to the development.  The Planning and Zoning Board voted unanimously (10-1) to forward the request to the Town Council with a recommendation of approval.

 

CHANGES SINCE PUBLIC HEARING

·     At staff’s request all references to road construction standards and connectivity requirements were removed from the PDD Document.  These are not land use related items and will be addressed at subdivision plan review.

       Public Concerns:

      Transportation plans illustrating undesired future roads and road stub connections on adjacent properties

·     Plans indicate that easements for sewer connections to pump station will be through adjacent properties

·     Development in this area is inappropriate

·     Development standards for roads without  curb and gutter or sidewalks  

** The above items have been taken into consideration and comments to the applicant have included the adjacent property owner concerns.  These comments are not related to land use, and could be addressed at the time of development plan review.

 

LOCATION

MAPS & DOCUMENTS

Green Level Church Road near Ferson Road

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

Master Land Use Plan Map

Planned Development District (PDD) Document

 

PROJECT DESCRIPTION

Copperleaf is a Planned Development containing 137 detached single family residences on 137.64 acres.

Parcel

Maximum Density (DU/acre)

Acreage

Total Units

Minimum Lot Size

0724334425

 

10.0

 

20,000 sq ft

0724433661

 

99.39

 

20,000 sq ft

0724445903

 

 6.65

 

20,000 sq ft

0724458325

 

 7.79

 

20,000 sq ft

0724630625

 

 13.81

 

20,000 sq ft

Total

1.0 overall

137.64

137

20,000 sq ft

            

APPLICANT’S JUSTIFICATION STATEMENT

Copperleaf is a 137.39 acre planned community that combines a mix of very low density residential uses with common open space. A variety of streams and ponds and their associated buffers along with the American Tobacco Trail and an adjacent Town of Cary park provide open space opportunities that are protected and incorporated into final site designs. The plan represents an attempt to achieve a balance among current Southwest Cary Area Plan concepts, market dynamics and the adopted design philosophy for the development.

 

PROPOSED ZONING CONDITIONS

Subdistrict

Acres

Density

Total Units

SF-1

15.15

1.3

 20

SF-2

36.40

1.3

 48

SF-3

43.14

1.6

 69

Recreation Center

  3.49

 

 

TOTAL

98.68

 

137

** The applicant proposes to limit the density for this project as described above.

 

CURRENT USE & ZONING

Current Land Use: Conservation Residential – Very Low Density (VLCR)  

The property currently contains a single family residence

Proposed Land Use:  Conservation Residential – Very Low Density (VLCR)  

The proposed use is a Planned Development District containing detached single family residences.

Current Zoning: Residential 40 (R-40)

Proposed Zoning: Planned Development District (PDD)

 

ADJACENT ZONING & LAND USES

 

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Vacant land

Residential 40 (R-40)

Conservation Residential – Very Low Density (VLCR)

East:

American Tobacco Trail

Residential 40 (R-40)

Conservation Residential – Very Low Density (VLCR)

South:

Vacant land, Agricultural with a single residence

Residential 40 (R-40)

Conservation Residential – Very Low Density (VLCR); Parkland (PKS)

West:

Vacant land

Residential 40 (R-40)

Conservation Residential – Very Low Density (VLCR); Rural

 

PLANNING

Comprehensive Plan Analysis

The proposed site will have a density of 1.00 dwelling unit/acre, with lots averaging greater than 20,000 square feet.  The applicant has proposed to conserve additional Primary Open Space to achieve the permitted density.  The proposed density and lot size average complies with the provisions of the Southwest Area Plan; therefore, no Land Use Plan amendment is required.

Parks and Greenways

The Parks, Recreation and Cultural Resources Facilities Master Plan proposes a public greenway to be located along the eastern boundary of the proposed development.  In addition, a payment-in-lieu will be required for this development.

Transportation Planning

The Southwest Area Plan references roadway requirements for the site. Curb, gutter and sidewalk requirements will be waived in an effort to protect rural character.  This location is within C-Tran’s service area. The applicant is proposing a network of greenways/multi-use paths to accommodate bicycles and pedestrians.

School Information

 

Enrollment

Permanent Seat Capacity

Average Percent Occupied

Projected Number of Additional Students

Elementary

16,347

13,330

122.63%

24

Middle

7,715

7,116

108.42%

12

High

7,481

6,625

112.92%

17

Total for all Area Schools

31,543

27,071

116.52%

53

Assigned Schools

Highcroft Elementary

*

*

*

24

Salem Middle

1038

903

114.95%

12

<