TOWN OF CARY , NORTH CAROLINA
STAFF RECOMMENDATION TO
TOWN COUNCIL

REZONING PETITION:   05-REZ-14 Mills Property

This is a rezoning of approximately 61 acres from Residential-40 (R-40) to Residential-8 Conditional Use (R-8 CU).  The conditions include minimum lots sizes of 10,000 square feet, streetscapes of fifty feet on collector roads and a maximum density of 1.49 units per acre.  

LOCATION OF PROPERTY:  (Vicinity Map)

7828 Emery Gayle Lane
Cary , NC 27519-8262  

APPLICANT:

Brad Nelson

Toll Brothers

2310 T.W. Alexander Dr. St. G

Raleigh, NC 27617

(919) 321-4800

FAX (919) 321-7880

E-mail: bnelson@tollbrothersinc.com  

TOWN OF CARY
CASE MANAGER:

Angela Reincke, Senior Planner

Phone: (919) 462-3942

E-mail: angela.reincke@townofcary.org  

MEETING SCHEDULE: 

TOWN COUNCIL PUBLIC HEARING – June 9, 2005
Staff Recommendation:  Following the Public Hearing, staff recommends forwarding the request for consideration to the August 15, 2005, Planning and Zoning Board meeting.

Action:  Forwarded to the August 15, 2005 Planning and Zoning Board Meeting  

PLANNING & ZONING BOARD - August 15, 2005

Staff Recommendation:  Staff recommends forwarding the request for consideration to the
September 8, 2005 Town Council meeting.

Action:  The Planning and Zoning Board recommended approval (9-0) of the request with the clarification that the maximum number of units proposed is 91 with a maximum density of 1.49 units per acre.  

TOWN COUNCIL ACTION - September 8, 2005

Staff Recommendation:  Staff recommends approval of the request.

Action:  

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING:  There have been no changes since the public hearing.  

CHANGES SINCE THE PLANNING & ZONING BOARD MEETING:  Concerns discussed by the Board included:  

• The density of the project;
• The project being located within the proposed Conservation Overlay District; and
• The total number of units proposed.

Staff clarified that the original request was for 98 units and this had been reduced to 91 units based on the developable land and density bonus given under the proposed conservation overlay. Due to the calculations done on the number of lots which could actually be develop on this property, the maximum number of units has been reduced to 91 and the overall maximum density has changed to 1.49 units per acre.  The projected number of student calculations has been modified to reflect the unit count changes.  The original traffic study was completed for 98 units so the reduction of units decreases the road impacts.  

The Planning and Zoning Board voted unanimously (9-0) to recommend approval of the request.  

STAFF RECOMMENDATION:  Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)) and recommends approval.  

1. This request is consistent with the current Town of Cary Land Use Plan .  This property is located within the Southwest Area Plan (SWAP).  The minimum lot size and density is consistent with 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 adjacent 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 Plans, which Mills Planned Development meets.
4. The proposed rezoning will not have significant adverse impacts on other property in the vicinity of the subject tract.  This plan meets the Southwest Area Plan in having low density single family detached residential and the conditions proposed will maintain the rural character of the area through increased (50 foot) roadway setbacks and 10,000 square foot minimum lots.
5. The proposed zoning classification is suitable for the subject property.  This request aligns the development plan for the area with the applicable Area Plan and the proposed Conservation Overlay District.

ZONING: (Zoning Map)

Current:  Residential 40

Proposed:  Residential 8 Condition Use (R-8 CU)  

Proposed Conditions of Approval

       Minimum lot size shall be 10,000 square feet.

             Maximum density shall not exceed 1.49 units per acre.  

APPLICANT’S JUSTIFICATION STATEMENT (Application Date):  The proposed development is for single-family detached residential units which are in keeping with the surrounding land uses in the area and the intent of the proposed Southwest Area Plan.  The overall density (1.49 du/ac) and lot size (conditioned to 10,000 square feet) is well within the proposed provisions of the Southwest Area Plan.   

The current zoning of Residential-40 does not allow for efficient or practical use of the land. The proposed rezoning of Residential-8 Conditional Use will allow for the development of this 61 acre parcel in a more functional and cohesive manner.  

TOWN OF CARY LAND USE PLAN DESIGNATION: (Land Use Map)

Current:  Conservation Residential – Low Density (LCR)

Proposed:  Conservation Residential – Low Density (LCR)

The proposal is in compliance with the Land Use Plan.  No amendment is required.   

ADJACENT ZONING & LAND USES:

North:

Existing Use:  Single Family

Existing Zoning:  Residential 40 (R-40) Wake County

Existing Land Use Plan Designation:  Conservation Residential – Low Density (LCR)

East:

Existing Use:  Single family

Existing Zoning:  Residential 40 (R-40) Wake County

Existing Land Use Plan Designation:  Conservation Residential – Low Density (LCR)  

South:

Existing Use:  Vacant land

Existing Zoning:  Residential 40 (R-40) Wake County

Existing Land Use Plan Designation:  Conservation Residential – Low Density (LCR)  

West:

Existing Use:  Vacant land

Existing Zoning:  Residential 40 (R-40) Wake County

Existing Land Use Plan Designation:  Conservation Residential – Very Low Density (VLCR)  

Parks & Greenways (Parks and Greenways Map):  The applicant will be required to make a payment-in-lieu of parkland dedication for the value of 2.6 acres. The applicant is also requested to dedicate a 30’ wide greenway easement along the western edge of the PDD per the Parks, Recreation and Cultural Resources Facilities Master Plan. Both the Greenway Committee and PRCR Advisory Board have reviewed and approved these conditions.  

Traffic Impact Analysis (Traffic Impact Study):  98 Single Family dwelling units only produces 99 peak hour trips in the afternoon and therefore would not require a traffic study.  A hundred peak hour trips would require a traffic study.  These homes would generate less trips during the morning peak hour.  

Reference Information:   

Schools:   The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.  

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2004 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.
 

The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors.  

Development Plan Issues:   

The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels of land.  Specific development requirements related to the technical aspects of land development, such as access, storm water management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http:vic.townofcary.org.