REQUEST FOR REZONING

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

Rezoning Petition:	04-REZ-31 (Trinity Ridge)
Land Use Plan Amendment:	N/A

Meeting	Date	Staff Recommendation	Action
Town Council Public Hearing	February 24, 2005	Forward to the April 18, 2005 , Planning and Zoning Board meeting	The request was referred to the April 18, 2005 Planning and Zoning Board meeting.
Planning and Zoning Board	April 18, 2005	Staff recommends approval of the request	The request of April 18, 2005 was tabled. (Applicant working with neighborhood to address concerns)
Planning and Zoning Board	May 16, 2005	Staff recommends approval of the request	The Planning Board voted 5 to 4 to recommend denial of the request.
Town Council	July 28, 2005 (The June 9, 2005 Town Council meeting date for this request was moved to July 28, 2005 .)	Staff recommends approval of the request

TOWN OF CARY CASE MANAGER

Bob Benfield, Senior Planner

Phone: (919) 469-4045

Email: bob.benfield@townofcary.org

STAFF RECOMMENDATION

Staff recommends approval of the request. The request was reviewed for compliance with the criteria established in Sec. 3.4.1(E) of the Land Development Ordinance and was found to meet the criteria outlined, as follows:

The request is consistent with the Comprehensive Plan. The plans proposed no more than approximately 2.02 dwelling units per acre. This proposal for Low Density Residential development complies with the Land Use Plan.
Adequate public services are available. There are services available to the area, and the addition of up to ninety-eight (98) single family residences will not unduly tax the delivery of those services.
The proposed rezoning is unlikely to have significant adverse impacts on the environment. Approximately 30% of the property would be left undisturbed due to stream buffers and open space requirements. Initial clearing would only be for roadways and utility extensions onto the property.
The proposed rezoning will not have significant impacts on other property in the vicinity of the subject tract. The surrounding property is developed in a like residential manner.
The proposed zoning classification is suitable for the subject property. The proposed land use zoning classification in consistent with Cary ’s s Land Use Plan designation for the area.

PLANNING AND ZONING BOARD ACTION

The Planning and Zoning Board voted 5 to 4 to recommend denial of the request. (Matthew Danielson was excused from involvement in this case citing a possible conflict of interest).

Concerns Discussed:

The proposal of new conditions that were not previously reviewed by the staff or the Planning Board prior to the Planning Board meeting;
The submittal of a Traffic Study;
The installation of traffic calming measures along the existing section of Brandywine Drive . (The applicant advised the Planning Board and staff that a private agreement would be entered into with the neighborhood that would obligate the applicant to provide funding for the installation of traffic calming devices along the existing section of Brandywine Drive .);
The need for additional buffer width along the western boundary of the development; and
The appropriateness of proposed zoning designation.

Reasons for majority vote:

The Planning Board felt that perhaps the Planned Development District (PDD) designation, as opposed to the proposed Transitional Residential Conditional Use (TR CU) designation, would have provided additional information regarding access, buffers, and the general conceptual layout of development.
The submittal of additional zoning conditions for the Town Council’s consideration that were not previously reviewed by the staff or the Planning Board.

Reasons for Dissenting Vote:

The Transitional Residential Conditional Use designation (TR CU) as proposed satisfied the Comprehensive Land Use Plan requirement for low density development.
The proposed zoning conditions adequately met the needs of the neighborhood.

ZONING CONDITIONS

Presented to Planning Board:
(Submitted April 29, 2005 )

1. Permitted uses: Detached single-family, accessory uses, and neighborhood recreation. The maximum number of lots proposed is 98.

2. The developer agrees not to clear-cut residential lots during development of the property, except for street and utility construction only.

To be presented to the Town Council on July 28, 2005 (Modifications made July 14, 2005 ):

1. No change.

2. Condition modified as follows:

The developer shall not clear-cut any residential lot prior to the issuance of a building permit for said lot. This shall not preclude clearing for the installation of streets and utilities.

3. A traffic calming device(s) shall be provided within the development on the extension of Brandywine Drive .

4. At a minimum, a sufficient area equal to a 12,000 square foot single-family lot shall be provided adjacent to existing single-family development as follows:

a. A minimum lot size of 9,600 square feet combined with a 30’ semi-opaque common buffer shall be provided adjacent to lots within Trinity Woods (located on Trinity Woods, Mantle Court, and Brandywine Drive) or;

b. A minimum lot size of 12,000 square feet incorporating a 20’ landscape easement shall be provided adjacent to lots within Trinity Woods (located on Trinity Woods, Mantle Court , and Brandywine Drive ).

5. A minimum of two access points will be provided.

6. The developer shall provide and improve an open space amenity that shall contain at least 7,500 square feet of useable area (not in required buffers). This area may contain benches, structures, or play equipment and specific elements shall be determined at subdivision submittal.

7. The required 100-foot thoroughfare buffer adjacent to I-40 shall be maintained, and no variance shall be requested except for the extension of a public street at the end of SR 3050. If sufficient vegetation does not exist, the developer shall install additional plant materials in order to achieve an opaque buffer.

3. No change.

4. No change.

a. Condition modified as follows:

A minimum lot size of 9,600 square feet, in conjunction with a 30’ semi-opaque common buffer, shall be provided adjacent to lots within Trinity Woods Subdivision. The 30’ semi-opaque common buffer shall not be incorporated into any lot. In addition, dwellings shall be located a minimum of 50 feet from the property line of Trinity Woods (located on Trinity Woods, Mantle Court, and Brandywine Drive) or;

b. Added a clause stating that the proposed dwellings shall be located a minimum
of 50 feet from the property line of Trinity Woods and that a 6-foot high wood privacy fence shall be located within 10 feet of the property line. The privacy fence shall be located in an easement to be maintained by the Homeowners Association.

5. Condition modified as follows:

A minimum of two access points shall be provided such that parcels 0774672360 and 0774661893 shall each have at least one access.

6. Condition modified as follows:

The developer shall provide and improve an open space amenity within 500 feet from the current end of Brandywine Drive that shall contain at least 10,000 square feet of useable area (not in required buffers). This area may contain benches, structures, or play equipment and specific elements shall be determined at subdivision submittal.

7. No change

ORIGINAL PROPOSED ZONING CONDITIONS

From February 24, 2005 public hearing.

1. The maximum density shall be limited to no more that 2.1 units per acre.

2. No more than 98 dwelling units shall be allowed.

3. Uses would be limited to single-family detached dwellings, including accessories uses and neighborhood recreation uses.

NEIGHBORHOOD CONCERNS

Neighborhood Concerns (Provided on April 29, 2005 and May 28, 2005 )

1. Zoning of Residential-12 (R-12) with cluster development option.

The developer is not interested in using the cluster option and it is not required. Transitional Residential zoning is proposed in order to allow some lots in the range of 8,000 to 9,000 square feet. Along the western property line, proposed lots and attendant common buffers and/or landscape easements would total a minimum of 12,000 square feet. This would provide physical separation similar to Residential-12 zoning requirements between proposed dwellings and from existing dwellings.

2. Specifics regarding "accessory uses" and "neighborhood recreation uses".

Accessory uses would be typical accessory uses associated with single-family development, such as detached garages, storage sheds, decks, patios, fencing, swimming pools, etc. Neighborhood recreation uses could consist of clubhouse, pools, multi-use courts, tennis courts, play equipment, picnic areas and pedestrian trails.

3. Provide a 2-3 acre Town of Cary pocket park rather than a payment-in-lieu for dedication of public recreation land.

As a zoning condition, the developer has agreed to provide an open space amenity that would contain at least 7,500 square feet of useable area (not in required buffers). This area may contain benches, structures, or play equipment. The specific elements would be determined at subdivision submittal.

There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resource Facilities Master Plan. A payment-in-lieu for the value of approximately 3.83 acres would be required. (As requested by the neighborhood, the Parks, Recreation and Cultural Resources Department has re-evaluated the possibility of obtaining public park land within the subject area and advises that a payment-in-lieu is preferred so that collected recreation funds could possibly be utilized to obtain a larger, more useful recreation site in the northeastern area of Cary .)

4. Provide a hard surfaced noise barrier along the I-40 side of the property.

The applicant hired Kimley-Horn and Associates to prepare a Sound Impact Assessment for this site. The Sound Impact Assessment indicates:

· The Federal Highway Administration (FHWA) establishes a maximum noise level threshold for this area at a Category B (67dB), which would include uses such as residences, motels, hotels, churches, schools, libraries, and hospitals.

· Noise levels were taken on April 14, 2005 ,during PM peak at eight locations along I-40 right-of-way and the western property line of Trinity Ridge:

· The decibel (dB) level along I-40 right-of-way: varies from 63 dB to 67.2 dB

· The dB level along the Trinity Ridge western property line (near Trinity Woods): varies from 53.5 dB to 64.7 dB (55.9 dB at Trinity Woods)

· The FHWA advises that one could expect a 3 to 4 dB reduction for the first row of dwellings near I-40, and a 1.5 dB reduction for each additional row of dwellings. Assuming at least three rows of dwellings, the total noise reduction compensation would be 6 dB resulting in 47.5 dB to 58.7 dB along the western property line and 49.9 dB at Trinity Woods.

· For comparison, according to Cary ’s Code of Ordinance, Section 22-106, Sounds Impacting Residential Life, the maximum noise level should not exceed 65 dB.

“The measurement locations along the west boundary of the Trinity Ridge are all within the NAC threshold.” (Referencing Noise Abatement Criteria (NAC) threshold identified by the Federal Highway Administration.)

“The clearing of land (tall pine trees and vegetation) coupled with the construction of residential dwelling units associated with the new development as described by the site plan are expected to result in a negligible change (+/- 4dBA) in noise levels. Although existing trees and vegetation will need to be cleared during construction, trees and vegetation only offer minimal abatement.”

“It appears that there is a widely held belief that vegetation is an effective controller of sound. However, research by Fricke (1984) and others show that vegetation is only effective at higher frequencies (125-500Hz) with vegetation having little effect on sound propagation at mid-frequencies (500-2000Hz).”

There have been discussions regarding the building of a hardscape noise barrier wall along Interstate 40. Staff members and Trinity Woods residents have both commented that a barrier of any type will not help reduce traffic noise. The applicant provided staff documentation from the US Department of Transportation that supports this information.

5. Identify and confirm a second point of full ingress/egress.

The applicant has received confirmation from the NCDOT that two access locations would be provided to the area associated with this rezoning request. One access source would be north from Trinity Road near Interstate 40. Progress Energy has also verified that no overhead electrical transmission support tower will be located in the area associated with this rezoning request that would prevent access.

A zoning condition was added stating that a minimum of two access points would be provided.

6. Construction traffic to use the identified/confirmed point of ingress/egress which is least invasive to interior neighborhood streets.

Excluding existing roadway stubs to the property, ingress and egress considerations are determinations to be made at the time of construction plan submittal. Therefore, this concern would not be included as a condition associated with a request for a change in land use.

7. Satisfactory resolution of any sewer tie-in questions with adjacent property owners.

This is a construction-related concern and would be evaluated during the subsequent review of development plans.

8. Resolution of safety concerns for the existing section of Brandywine Drive.

Brandywine Drive was designed and constructed according to Cary ’s collector street standards to provide future access to the subject property. Speed humps would be provided along the proposed extension of Brandywine Drive within the new subdivision. No speed humps are proposed along the existing section of Brandywine Drive , because existing Town Policy would allow property owners along this stretch of roadway to petition the town for the installation of speed humps.

APPLICANT

OWNERS

Jerry Turner

Jerry Turner and Associates, Inc.

905 Jones Franklin Road

Raleigh , NC 27606

Elizabeth C. Nowell

Family LTD PTNSP C/O

Elizabeth C. Nowell

900 Chatham St .

Cary , NC 27511-6950

Joseph H. Levinson ETAL

P.O. Box 117

Benson , NC 27504-0117

LOCATION

MAPS & DOCUMENTS

Adjacent to I-40, east of Trinity Road and east of Trinity Woods Subdivision.

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

PROJECT DESCRIPTION

The request is to amend the zoning on 48.87 acres from Residential 40 to Transitional Residential Conditional Use (TR CU). The project would be limited to no more than 98 dwelling units. The range of uses would be limited to single-family dwellings. A 100’ Thoroughfare Corridor Buffer is required and proposed along the eastern side of the property adjacent to I-40. It is also required that existing forest area within the 100’ buffer be supplemented to form an opaque landscape screen.

Parcel	Maximum Density (Du/Ac)	Acreage	Total Units	Minimum Lot Size
0774651911	2.1 du/ac	27.14 acres	57 units	6,000 sq. ft.
0774661893	2.1 du/ac	8.39 acres	18 units	6,000 sq. ft.
0774672360	2.1 du/ac	13.34 acres	28 units	6,000 sq. ft.

Total		48.87acres	98 units (maximum number of units allowed)

APPLICANT’S JUSTIFICATION STATEMENT

The proposed use of the property is low density residential. Low density residential complies with the Town’s adopted Land Use Plan and is consistent with other existing development in the area of this proposed request. Development would be limited to no more than 98 single-family detached lots.

CURRENT & PROPOSED TOWN OF CARY LAND USE PLAN DESIGNATION
Current Land Use Plan Designation: Low Density Residential (LDR)	Proposed Land Use Plan Designation: Low Density Residential (LDR)

EXISTING & PROPOSED ZONING
Current Zoning: Residential-40 (R-40)	Proposed Zoning: Transitional Residential Conditional Use (TR CU)

ADJACENT ZONING & LAND USES
	Existing Use	Existing Zoning	Existing Land Use Designation
North:	Single-family	Residential-40 (R-40)	Low Density Residential (LDR)
East:	I-40 Right-of-way	N/A	N/A
South:	Single-family	Transitional Residential (TR),	Office/Institutional (OFC/INS)
West:	Single-family	Transitional Residential (TR), Residnetial-12 (R-12) Residential-20 (R-20) Residential-40C (R-40C)	Low Density Residential (LDR)

PLANNING

Comprehensive Plan Analysis

The proposal for Low Density Residential development complies with the Land Use Plan; therefore, no amendment is required.

Parks and Greenways

Transportation Planning

At the time of subdivision plan submittal, the following will be reviewed for compliance with Town Ordinance, the Comprehensive Transportation Plan and/or the Town Engineering Standard Specifications and Details Manual:

Connectivity (extension of existing street stubs, providing stubs to adjacent undeveloped properties, providing a layout which meets or exceeds a connectivity index ratio of 1.2);
Street pavement and right-of-way widths;
Cul-de-sac length limits (maximum 900’);
Sidewalk (required on one side of all new residential streets and both sides of all new collector streets and thoroughfares);

School Information

Assigned Schools
	Enrollment	Permanent Seat Capacity	Average Percent Occupied	Projected Number of Additional Students
Reedy Creek Elementary	793	770	103%	23
Reedy Creek Middle	737	850	87%	12
Athens Drive

CURRENT & PROPOSED TOWN OF CARY LAND USE PLAN DESIGNATION

EXISTING & PROPOSED ZONING

PLANNING