TOWN OF CARY

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

Rezoning Petition:	05-REZ-03 Summers Tract, from Residential 40 (R-40) to Residential 12 Conditional Use (R-12CU)
Land Use Plan Amendment:	NA

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 made a motion to recommend approval of the request, but it failed (4-6) The Planning and Zoning Board voted to recommend denial of the request, and it passed (6-4) The request is forwarded with a recommendation of denial (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 rezoning request. The request meets the approval criteria outlined in Section 3.4.1(E) of the Land Development Ordinance (LDO) as follows:

The proposed rezoning is consistent with the Comprehensive Plan and the purposes set forth in the LDO. The request is consistent with the Southeast Area Plan as adopted in September 2004. The Southeast Area Plan calls for ¼ acre lots, which are lots of 10,890 square feet. This proposed development will have a minimum lot size of 20,000 square feet. The Southeast Area Plan calls for Low Density Residential, with residences developed at 1-3 units per acre. This request is for development at a density of 0.99 units per acre.
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. A development of up to 32 single family detached residences will not overburden public facilities in the area. The development of the property will provide a service to the area by providing for a sewer pump station that will service not only this development but the surrounding area.
The proposed rezoning is unlikely to have adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation. The property is impacted by riparian buffers which, under the LDO, must be left undeveloped. Approximately 30% of the parcel will be left as undeveloped riparian buffers, reducing the impact on the environment. In addition, the installation of Town sewer facilities to serve the planned residences will provide sanitary facilities for the properties without the environmental impact of individual septic systems.
The proposed rezoning will not have significant adverse impacts on other property in the vicinity. A riparian buffer with a minimum width of 200’ follows the western property line, providing an effective buffer for the properties to the west. The required 20’ landscape strip along the north and south property line will be increased to 50’, to provide additional screening. In addition, a streetscape buffer of 30’ will be installed along Campbell Road . A maximum of only three (3) lots will be platted on the Campbell Road frontage, which is a decrease from the four lots that exist now on that road frontage. These conditions and requirements will help maintain the aesthetic character of the area. The property is currently zoned Residential 40 (R-40) which would permit 32 residences on the 32-acre parcel. The requested rezoning permits up to 32 units on the property with a minimum lot size of 20,000 square feet, not the 40,000 square foot lots required in Residential 40 (R-40). However, with the undisturbed riparian buffers and the additional buffering provided, this proposed development will have no more impact on the surrounding properties than the current zoning permits, while increasing the environmental protection.
The proposed zoning classification is suitable for the property. The requested zoning classification is consistent with the adopted Southeast Area Plan, and will provide single family detached residences, comparable with the surrounding properties.

PLANNING AND ZONING BOARD ACTION

The Planning and Zoning Board voted to recommend denial of the request (6-4).

Concerns Discussed:

Inappropriate density and lot size for area. The residents in the area felt that the 20,000 square foot minimum lot size and 1.11 units per acre were not appropriate in an area of one acre and larger lots.
Creating an area of smaller lots surrounded by larger lots. It was felt by the neighbors that a “doughnut hole” of smaller lots is not appropriate at the edge of Cary ’s ETJ surrounded by larger lots.
Municipal services. The residents in the area do not want municipal services such as water, sewer, sidewalks, curbs and gutters. It is felt that the area is rural in nature and as such municipal services are not appropriate.
Visual impact of development. The residents in the area felt that the visual impact of this proposed development on the existing property owners would be too great.
Concerns about stormwater run-off. The residents in the area felt that an excessive amount of storrmwater run-off generated by this development would negatively affect their properties.
Location of proposed pump station. The residents in the area felt that the location of the pump station and the operation of the pump station would negatively affect their properties.

Reasons for Majority Vote to forward with a recommendation of denial:

Density and minimum lot size are not appropriate in area of larger lots and lower density.
Visual impact of residences may not be buffered adequately by riparian buffer and increased landscape strips.

Reasons for Dissenting Vote to forward with a recommendation of denial:

Four members did not support the motion. No specific reasons were stated at the time the motion was made. However, the earlier discussion by the Board included the following points:

Compromises offered by the applicant and the failure of the surrounding residents to offer compromises.
The buffers and increased landscape strips would offer visual screening for the surrounding neighborhood.
Request meets the Southeast Area Plan.

ORIGINAL ZONING CONDITIONS

1) No mass grading will take place prior to a building permit for the homes. All initial grading will be limited to rights-of-way and public utility areas. Individual lots will be cleared only as needed for each house at the time of building permit issuance.

PROPOSED ZONING CONDITIONS Amended 5/25/05

2) There will be no more than three (3) lots along the frontage on Campbell Road .

3) The minimum lot size will be 20,000 square feet. Lots adjacent to the southern property line will be a minimum 30,000 square feet in area. Lots adjacent to the westernmost 800 linear feet of the northern property line will be a minimum 30,000 square feet in area.

4) The landscape strips along the north and south property lines will be 50’ wide, with a permanent conservation easement over the landscape strips. A 20’ wide Town of Cary greenway easement may be located within the 50’ landscape strips.

5) Maximum number of lots is 32.

6) The residence on the southernmost lot on Campbell Road will be sited so as to face Campbell Road and have driveway access to Campbell Road . The other two lots on Campbell Road will be sited with the front or side of the residences facing Campbell Road , rather than the rear of the residences.

CHANGES SINCE PUBLIC HEARING

ERNS

A number of protest petitions were filed. There were valid protest petitions for all sides of the property, 100% of each side. The concerns were:

Density is greater than the surrounding neighborhood. Proposed lot size is smaller than the surrounding neighborhoods. The density of the proposed development is 0.99 units per acre. The surrounding areas are developed at similar densities. The lot sizes are smaller than the surrounding 1-acre properties because the applicant is required to develop under the Land Development Ordinance and is not permitted to plat into the required riparian buffers. This decreases the buildable area of the 32 acre parcel, but leaves a gross density of 0.99 units per acre, comparable to the one-acre lots elsewhere in the area.
The effects of curbs, gutters, and sidewalks on the amount of run-off generated by the development. In the Swift Creek area, curbs and gutters are not required, and may be waived at the staff level. The other stormwater concerns are construction-related concerns and will be addressed at the subdivision plan stage.
The effect of the development on the wildlife in the area. This proposed development will leave approximately 1/3 of the parcel as undeveloped riparian buffers. A riparian buffer of a minimum 200’ wide will remain along the western property line. While wildlife is disturbed when property develops, leaving 1/3 of the parcel in undeveloped riparian buffers will provide a haven for some wildlife.
Concerns about the sewer pump station’s effect on surrounding properties. The pump station will provide for Town sanitary facilities for the site, which will have less of an impact on the surrounding properties than the installation of numerous individual septic facilities. The provision of Town water will negate the need for individual wells for this development, as well.
The effect of this property’s annexation on surrounding properties. When this property develops, annexation will be required. The annexation of this property has no effect on the annexation of surrounding properties. The Town Council will consider an annexation program to address annexation concerns this summer.
Increased traffic, especially on Campbell Road . The proposed 32 single family residences will not generate the 100 peak hour trips that require a traffic study at the rezoning stage. Roadway improvements are a construction-related concern and will be addressed at the subdivision plan stage.
The Swift Creek Land Management Plan and its effect on this property. The Swift Creek Management Plan is negated by the Town’s Southeast Area Plan and Land Development Ordinance.

APPLICANT

OWNERS

John Summers
American Heritage Homes, Inc.
1908 Eagle Creek Ct
Raleigh , NC 27606
Phone: (919) 233-9666
FAX: (919) 233-1145
E-mail: jsummers1@nc.rr.com

John & Kim Summers
1908 Eagle Creek Ct
Raleigh , NC 27606

Jackie & Josephine Crawford
3320 Campbell Rd
Raleigh , NC 27606

Leora Scott
113 Pebble Loch Ln
Cary , NC 27511

LOCATION

MAPS

3300 Campbell Road

Town of Cary Vicinity Map

Town of Cary Zoning Map

Town of Cary Land Use Map

Summers Tract Master Land Use Plan

PROJECT DESCRIPTION

This application is a request to amend the zoning of 32.31 acres of land from Residential 40 (R-40) to Residential 12 Conditional Use (R-12CU). The applicant proposes creating 32 lots for development as single family detached residential sites at a density of 0.99 units per acre, including 9.74 acres of open space and buffers. The open space and buffers will comprise 30% of the parcel. Amended 5/25/05 .

APPLICANT’S JUSTIFICATION STATEMENT

“The requested zone change and annexation will bring the zoning on the property into compliance with the Town of Cary ’s Southeast Area Plan, which was adopted by Town Council on September 9, 2004 . The Southeast Area Plan recommends a land use on the property of residential with one to three dwelling units per acre. Applicant intends to develop 32 residential lots on the property, which is a density of 0.99 dwelling units per acre. Applicant intends to extend public water and sewer to the property by construction of an 8” water main in Campbell Road from the Swift Creek Shopping Center south to the property. The Town of Cary Sewer Master Plan includes a sewer pumping facility, which is to be located on the southwest corner of this property. Extension of these utilities to the property and the construction of the sewer pumping facility by the applicant will allow many of the properties within the Southeast Area Plan to be developed in the future in accordance with the densities proposed in the plan. Development of the property will allow the abandonment of the three existing septic systems for the homes currently located on the property, which eliminates any environmental risks associated with those systems.”

CURRENT USE & ZONING

Current Land Use: Low Density Residential (LDR)

The property contains three residences near Campbell Road , with the remainder of the tract being vacant.

Proposed Land Use: Low Density Residential (LDR)

The proposed use of the property is 32 single family detached residences.

Current Zoning: Residential 40 (R-40)

Proposed Zoning: Residential 12 Conditional Use (R-12CU)

ADJACENT USE & ZONING
	Existing Use	Existing Zoning	Existing Land Use Designation
North:	Single family residence Vacant land	Residential 40 (R-40)	Low Density Residential (LDR)
East:	Single family residences Vacant land	Residential 40, Wake County	Rural, Swift Creek Land Management Plan
South:	Single family residences	Residential 40, Wake County	Rural, Swift Creek Land Management Plan
West:	Campbell-Wood West subdivision, single family residences	Residential 40 (R-40)	Very Low Density Residential (VLDR)

PLANNING
Comprehensive Plan Analysis	This request is in compliance with the Southeast Area Plan, adopted September 2004.
Parks and Greenways	If this rezoning is approved, a payment-in-lieu in place of parkland dedication for the value of approximately 0.914 acres (32 units) is recommended. In addition, the applicant has agreed to the following: The applicant is to receive credit against the required payment-in-lieu for the dedication of an easement for a north-south primary greenway segment along the east side of the riparian buffer that exists along the western property line, and the dedication of an easement for the east-west secondary easement. These recommendations were reviewed and approved by the Parks, Recreation and Cultural Resources Advisory Board at its April 2005 meeting.
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 design, 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); Driveway/new street access locations.

School Information

School Information
	Enrollment	Permanent Seat Capacity	Average Percent Occupied	Projected Number of Additional Students
Elementary	15,388	12,745	120.74%	6
Middle	7,715	7,116	108.42%	3
High	7,481	6,625	112.92%	4
Total for all Area Schools	30,584	26,486	115.47%	13
Assigned Schools
Swift Creek Elementary	406	484	83.88%	6
Dillard Drive Middle	1,078	1,083	99.54%	3
Athens High*	1,769	1,735	101.96%	4
Total for all Assigned Schools	3,253	3,302	95.12%	13
Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2003 as supplied by the Wake County Public School System. School assignment will be determined at the time of development.

ENGINEERING
Environmental Considerations	The project is located in the Swift Creek 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)	Development of this site will be required to comply with Town of Cary utility policies and standards, including the provision of municipal utilities.
Traffic Impact Analysis	The proposed 32 dwelling units do not generate the required 100+ peak hour trips for a traffic impact study.

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s)	Real Estate ID(s)	Area (Acres)
John & Kim Summers	077204810981

CURRENT USE & ZONING

PLANNING

PARCEL & OWNER INFORMATION