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

Rezoning Petition:

05-REZ-02 Forest Oaks Planned Development District (PDD) Amendment

Land Use Plan Amendment:

N/A

 

Meeting

Date

Staff Recommendation

Action

Town Council Public Hearing

March 10, 2005

Forward to the May 16, 2005 Planning and Zoning Board meeting

Forwarded to the May 16, 2005 Planning and Zoning Board meeting

Planning and Zoning Board

May 16, 2005

Staff recommends approval of the request

The Planning and Zoning Board voted to recommend approval of the request (10-0)

(see details below)

Town Council

June 9, 2005

Staff recommends approval of the request

 

 

TOWN OF CARY CASE MANAGER

Beth Lewis, Senior Planner

Phone:  (919)462-3944
E-mail:  beth.lewis@townofcary.org

 

STAFF RECOMMENDATION

Staff recommends approval of the request.  The proposed rezoning meets the criteria outlined in Section 3.4.1(E) of the Land Development Ordinance (LDO) as follows:

  1. The proposed rezoning is consistent with the Comprehensive Plan and the purposes set forth in the LDO.  Forest Oaks fall into both the Northwest Area Plan and the Southwest Area Plan.  The proposed residential addition is in the area guided by the Southwest Area Plan, and meets the applicable guidelines.  The proposed park location meets both the guidelines of the Northwest Area Plan and the Parks, Recreation, and Cultural Resources Facilities Master Plan.
  2. The Town will be able to provide sufficient public safety, educational, recreational, transportation, and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development.  Since the number of units in Forest Oaks is being reduced through this action, the Town will be more able to provide adequate public services to the area.  The addition of over 48 acres of parkland to the Town’s inventory will increase the Town’s ability to provide recreational services and facilities to western Cary .
  3. The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation.  The decrease in the number of residential units will decrease the impacts on the environment.  The increase in parkland will have a positive effect on the environment, wildlife, or vegetation.
  4. The proposed rezoning will not have significant adverse impacts on other property in the vicinity of the subject tract.  A decrease in the number of units and the increase in parkland will have positive impacts on the surrounding property by increasing the opportunities for active recreation while decreasing the number of residential units.
  5. The proposed zoning classification is suitable for the subject property.  The proposed rezoning is in compliance with both the Northwest and Southwest Area Plans. 

 

 

PLANNING AND ZONING BOARD ACTION

The Planning and Zoning Board unanimously recommended approval of this request.  

Concerns Discussed:

  • Location of open space used for density bonus.  It was noted that the open space required by the Southwest Area Plan will, in Forest Oaks, be located in an area governed by the Northwest Area Plan.

Reason for Majority Vote:

  • Request follows the plan for Forest Oaks/Amberly Town Park that were noted in the original Forest Oaks rezoning request.

 

ORIGINAL ZONING CONDITIONS

Not applicable to a Planned Development District rezoning request.

 

TOWN COUNCIL PUBLIC HEARING

Two citizens spoke at the public hearing on March 10, 2005

1.  Stormwater concerns

One citizen spoke about stormwater concerns.  Stormwater issues are more appropriate to discuss and resolve at the time of development plan submittal.  However, this proposed request is reducing the overall density and impervious surface of the project.

2.  Additional Parkland

A second citizen spoke in favor of the changes and welcomed the proposed park location so that it would more accessible to Chatham County Residents.  

 

CHANGES SINCE PUBLIC HEARING

There have been no substantial changes to this request since the initial public hearing.

 

APPLICANT

OWNER

Chuck Smith
Withers & Ravenel, Inc
111 MacKenan Drive
Cary , NC 27511
Phone:  (919) 469-3340
FAX:  (919) 467-6008
E-mail:  csmith@withersravenel.com

Dixon Family Trust
1021 Lazy Dee Drive
 Apex , NC 27523

 

 

LOCATION

MAPS & DOCUMENTS

Properties will adjoin existing Forest Oaks PDD – off Lazy Dee Drive

Town of  Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

Forest Oaks PDD document (2005)

Forest Oaks Master Plan Map (2005)

Forest Oaks Master Plan Map (2003)

   

PROJECT DESCRIPTION

This is an amendment to the Forest Oaks Planned Development District (PDD), which was approved in 2003.  This request adds a parcel of 20.37 acres to the southern portion of the PDD, to be used for single family detached residential development. The plan relocates the homeowner recreation site, reduces the homeowner recreation site from four (4) acres to two (2) and notes the former homeowner recreation site as open space.  It also changes the Master Plan for an area of 48 acres in the northwestern portion of Forest Oaks to a Town park, rather than the planned residential development.  The original Forest Oaks PDD included 590 units.  This amendment reduces that unit count to 563, and provides 48 acres of land for a Town park.  The average maximum density for Tract SF-8 is 2 units/acre.
Current

  • SF-8  16.56 acres, 1.8 units per acre, 30 units, minimum 18,000 square foot lots
  • SF-9  19.3 acres, 1.8 units per acre, 35 units, minimum 18,000 square foot lots,
    and 7.2 acres of stream buffer
  • A total of 590 residential units in Forest Oaks on 327 acres of land 1.8 units per acre overall

Proposed

  • SF-8 and SF-9 and stream buffer become a 48-acre town park
  • A 20.37 acre parcel is added to Forest Oaks, 2.0 units per acre, minimum
    14,400 square foot lots
  • A total of 563 units in Forest Oaks on 347 acres of land 
  • 1.62 units per acre overall

 

APPLICANT’S JUSTIFICATION STATEMENT

“The proposed amendment to Forest Oaks adds approximately 20 acres to the original 327 acre site, confirms the location of a 48 acre Town park in the northwest corner of the site and relocates the homeowner recreation site.  The proposed addition to the project is, for the most part, surrounded by stream buffers, existing land in Forest Oaks, or land owned by the owners of the SF-3 site in Forest Oaks.  The site is set up to be efficiently served by Forest Oaks utilities and is proposed to have a density similar to the adjacent portions of the site within the project.”

CURRENT USE & ZONING

Current Land Use: Conservation Residential – Low Density (LCR) 

The property is currently vacant.

Proposed Land Use: Conservation Residential – Low Density (LCR)  

The proposed use of the newly-added property to Forest Oaks is single family detached residential.  The parcel of land in the northwestern section of Forest Oaks is planned for a Town park.

Current Zoning: Residential 40 (R-40) and Residential 40, Wake County

Proposed Zoning: Planned Development District (PDD) Major

 

ADJACENT USE & ZONING

 

Existing Use

Existing Zoning

Existing Land Use Designation

North:

Vacant, Forest Oaks PDD

Planned Development District (PDD) Major

Conservation Residential – Low Density (LCR)

East:

Single family residence

Vacant

Residential 40, Wake County

Conservation Residential – Low Density (LCR)

South:

Vacant

Residential 40, Wake County

Parks (PKS) and Conservation Residential – Very Low Density (VLCR)

West:

Vacant

 

Residential 40, Wake County

Parks (PKS) and Conservation Residential – Low Density (LCR)

 

PLANNING

Comprehensive Plan Analysis

No Land Use Plan amendment is required. The proposed density is 1.62 units per acre. This proposal complies with the Southwest Area Plan, which permits residential density up to 2.5 units to the acre. 

Parks and Greenways

Previous approvals included agreement to locate a Town park in the northwest section of Forest Oaks. This rezoning request is in concurrence with the Northwest Area Plan and Parks, Recreation, and Cultural Resources Facilities Master Plan. Due the previous land dedication of Forest Oaks, as well as the reduction of residential units within Forest Oaks, no additional dedication is required for this amendment.  With regard to greenways, this amendment provides an opportunity to locate a public greenway along a north-south buffer to link with Green Level Church Road .

Transportation Planning

Roads will meet the requirements of the Comprehensive Transportation Plan. Sidewalks will be required on both sides of all thoroughfares and collector roads and on at least one side of all residential streets.

School Information

Since the number of units in Forest Oaks is decreasing with this request, school information is not applicable.

 

ENGINEERING

Environmental Considerations

The project is located in the Jordan Lake watershed and will be required to meet the Reservoir Watershed Protection Ordinance of the Town of Cary. The project will be required to meet the nitrogen requirements of the Town of Cary . There are riparian buffers associated with this project.

Utilities (Water and Sewer)

Public water and sewer services to the additional 20.37 acre parcel have been incorporated in the original PDD planning.  Development of the PDD will be required to comply with Town of Cary utility policies and standards.

Traffic Impact Analysis

A Traffic Impact Study for Forest Oaks was prepared by Town of Cary traffic consultant Wilbur Smith Associates dated August 2003. That study remains valid. The proposed development is reducing the number of dwelling units.

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number

Real Estate ID(s)

Area (Acres)

Dixon Family Trust

0724375633 (portion)

0025710

20.37

Total Acreage

20.37