TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO
TOWN COUNCIL 

REZONING PETITION:  05-REZ-27 Weldon Ridge Planned Development District (PDD) Amendment

This is an amendment to the Weldon Ridge Planned Development District (PDD), which was approved in 2003 (formerly known as Forest Oaks).  This request adds a parcel of approximately 86 acres to the western portion of Weldon Ridge, with a portion in Wake County and a portion in Chatham County.  The proposal includes the addition of 79 single family residential units to the Weldon Ridge PDD to yield a gross density of 1.55 units per acre for the entire development.  The current Weldon Ridge PDD includes 563 units.  This amendment increases that unit count to 642.  

LAND USE PLAN AMENDMENT:  05-LPA-18, add SF-7 as Low Density Residential (LDR)  

LOCATION OF PROPERTY: Vicinity map

Earnest Jones Road, on the Wake/Chatham County line  

APPLICANT:

Chuck Smith
Withers & Ravenel, Inc
111 MacKenan Drive
Cary, NC 27511
Phone:  919/469-3340
FAX:  919/467-6008
csmith@withersravenel.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 – August 25, 2004

Staff Recommendation:  Following the Public Hearing, staff recommends forwarding the request for consideration to the October 24, 2005, Planning and Zoning Board meeting.

Action:  The Town Council forwarded this request (5-0) to the October 24, 2005 Planning and Zoning Board meeting 

PLANNING & ZONING BOARD – October 24, 2005

Staff Recommendation:  Staff recommends approval of the revised request as presented

Action:  The Planning and Zoning board voted in two separate actions:  05-LPA-18 recommended for denial (6 to 3); and 05-REZ-27 recommended for denial (6 to 3)  

TOWN COUNCIL ACTION – November 10, 2005

Staff Recommendation:  Staff recommends approval of the revised request as presented  

PUBLIC COMMENTS AT TOWN COUNCIL PUBLIC HEARING:  There were several speakers who expressed concern about issues related to impact on Chatham County schools, infrastructure and water quality.  Other issues of note were the proximity of housing to the American Tobacco Trail (ATT), and the proposed higher density development that does not provide the desired transition to the rural patterns in Chatham County.  One speaker addressed the Yates Store Road alignment and the intersection it creates with the existing Turtle Creek Road.  Chatham County residents were upset about not being able to file valid protest petitions and that approving development in Chatham County sends a signal that Chatham is open for development. The residents cited insufficient public involvement and not enough coordination between Chatham and Cary government officials and staff.

CHANGES SINCE THE TOWN COUNCIL PUBLIC HEARING: The following items have been modified since the public hearing:

1.   The Alternative Street Design section was removed due to staff concerns related to allowable street construction standards. 

2.   The rear setback in SF-7 and SF-9 was reduced from 40 feet to 25 feet.  These tracts are directly adjacent to the ATT and each lot is adjacent to the 100 feet ATT right-of-way, 50 feet of buffer and an additional 25 feet of primary open space.  This puts any structure a minimum of 100 feet from the edge of the ATT limits.  

3.   Circulation Plan:  Changes to the Circulation plan include the realignment of Yates Store Road (also referred to as County Line Road) to be located entirely within Wake County.  The plan also includes identification of additional internal pedestrian connections within SF-7 and SF-9 to Town of Cary Greenways .

4.   Shifting of residential lots within tracts SF-7 and SF-9 due to the Yates Store Road alignment.  Tract SF-7 is proposed to contain 82 units on 45.70 acres (from 72 units on 39.79 acres). Tract SF-9 is proposed to contain 44 units on 24.29 acres (from 54 units on 24.29 acres).

5.   Open space allocation along the western edge of the ATT along Earnest Jones Road has been increased.

PLANNING AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS: The Planning and Zoning Board had a detailed discussion related to there not being a land use plan in Chatham County, water protection and the water resources at Jordan Lake, the Southwest Area Plan and the projects inconsistencies with the Plan, the protection of the character of the American Tobacco Trail and adjacent proposed buffers being too little, sprawl developments and the sprawl of Cary in to Chatham County with undesirable densities, Road alignment (specifically that of Yates Store Road or County Line Road), minimum lot sizes were too small for the areas and road crossings of the American Tobacco Trail.  The P&Z Board recommended denial of the request.

The Planning and Zoning Board voted in two separate actions as follows:  05-LPA-18 recommended for denial (6 to 3); and 05-REZ-27 recommended for denial (6 to 3)  

Concerns Discussed:

Buffers-Several members thought the buffer located adjacent to the American Tobacco trail was not sufficient.  Development is to close with to many units adjacent to the American Tobacco trail and does not maintain the rural character of the area.

Chatham County- The Board discussed the effort regarding the joint Planning process between Cary and Chatham County.  Although Town of Cary staff sends copies of all proposals provided form applicants and sends impact statements for projects, there is still little to no new efforts on the part of Chatham County to provide a forum for joint planning.

Jordan Lake and watershed protection- Several members discussed the protection of the watershed and the natural amenities of Jordan Lake.  Water quality, septic issues and other environmental concerns were raised.

Southwest Area Plan- This project includes one parcel within the Southwest Area Plan (SF-9)  Changes brought about by discussion related to this item have caused the applicant to provide changes which include minimum lot sizes of 20,000 square feet, a density of 1.0 dwelling units per acre with the additional dedication of primary open space and for consistency, 20,000 square foot minimum lots along the ATT in SF-7.

Road Alignment- Several members felt the alignment of Yates Store Road (County-Line Road) is inappropriate due to the proximity to Green Level Church Road (Lewter Shop Road) providing too many crossings of the American Tobacco trail.  This road is shown on the Town’s Transportation Map, but a functional alignment has not been completed and the exact final location has not been determined.  However, it does go south of the American Tobacco trail providing a north to south connection on the western edge of Cary. 

Reasons for Majority Votes:

·     The general items of concern were the inconsistency of SF-9 to the Southwest Area Plan, the lack of joint planning in Chatham County, Not having a full understanding of the Chatham County land Use Plan for the area and the further concern regarding development of land west of the American Tobacco trail.   

Reasons for Dissenting Votes:

·     These Board members felt concerns with Chatham Counties continued lack of interest in joint planning and that the Town has made a worthwhile effort.  The transition of development size, scope and densities is appropriate, and the applicant has provided adequate justification for their request.  

CHANGES SINCE THE PLANNING AND ZONING BOARD PUBLIC HEARING:  The following items have been changed since the public hearing:

1.   SF-9 will meet Southwest Area Plan requirements of .5 dwelling units per acre base density and 1.0 dwelling units per acre allowed density with 2.4 acres primary open space provided.

2.   The SF-9 minimum lot size will be 20,000 square feet.

3.   The minimum lot size in SF-7 along the American Tobacco trail will be 20,000 square feet.

4.   Pedestrian connections through SF-7 and SF-8 have been added to connect to the American Tobacco Trail.

5.   Internal private pedestrian connections will be 8’ in width.  

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.  

Section 3.4.1 (E), Criteria for approval of a Planned Development District

1.   This request is consistent with the current Town of Cary Land Use Plan.  The amendments to this PDD within Wake County are consistent with the adopted Land Use Plan.  Those areas included within the Southwest Area Plan include primary open space designated to allow for the proposed development, densities and lot sizes.  The proposal is also compatible with Chatham County’s Land Conservation and Development Plan, which indicates that single family homes on small lots (less than one-acre) may occur in this area.  The Chatham Plan also supports utility extensions where they will provide for open space and water resources protection.  Accordingly, amendments to the PDD within Chatham County will extend low density residential uses, dedicate nearly 36 acres of public parkland, preserve additional open space along the American Tobacco Trail, and provide 100-feet riparian buffers to protect water quality.

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 are mitigated through the protection of riparian buffers and the dedication of open space for buffers, streetscapes, and private open space amenities.  Development will be required to meet all watershed protection provisions.  The American Tobacco Trail and connections to the Panther Creek Greenway system provide a unique opportunity to enable low-impact pedestrian access to important natural resources within the Town.  

4.   The proposed rezoning will not have significant adverse impacts on other property in the vicinity of the subject tract.  The PDD includes all required buffers, streetscapes and the dedication of open space.  The designation of additional conservation easements and primary open space along the ATT further buffer the rural development in the area and provide the desired transitions from the Southwest Area Plan to the Northwest Area Plan. 

5.   The proposed zoning classification is suitable for the subject property.  This request aligns the development plan for the area with that of approved area plans.  An appropriate mix of uses has been provided within the PDD itself.  

ZONING:   Zoning map

Current:  Residential 40 (R-40) Wake County and Residential Agriculture 40 (RA-40) Chatham County

Proposed:  Planned Development District Major (PDD) major  

APPLICANT’S JUSTIFICATION STATEMENT (June 27, 2005):  Weldon Ridge is a 413.32 acre master planned community that combines a mix of residential school and church uses with common open space.  A variety of streams and ponds and their associated buffers along with the American Tobacco trail provide open space opportunities that are protected and incorporated into final site design.  This amendment will be adding 86 acres to the original site.  The existing master plan provided 563 dwelling units with parcel densities ranging from 1.8 dwelling units per acre to 8.0 dwelling units per acre.  The gross density for Weldon Ridge was 1.62 dwelling units per acre.  With the additional site area and revisions to existing parcel densities, the project will now have 642 units and a gross density of 1.55 dwelling units per acre.  Site SF-7, SF-8 and SF-9 fall in the Southwest Cary Plan area and/or Chatham County with separate sets of development standards.  The density goals in these various areas range from one-half dwelling units per acre to 2.5 dwelling units per acre to no established goal in the Chatham County location.  As a result, the Weldon Ridge PDD will “blend” these various goals and provided a density closer to an average of the three standards in order to have the project neighborhoods develop in a more unified manner with similar standards of development.

TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use map  

Current:  Conservation Residential Low Density (LCR) and Very Low Density (VLCR) (Wake County); Agricultural and Rural Development Area (Chatham County; Land Conservation and Development Plan)  

Proposed:  Low Density Residential (LDR)

ADJACENT ZONING & LAND USES:

North:

Existing Use:  Weldon Ridge PDD (under construction)  

Existing Zoning:  Planned Development District Major (Weldon Ridge PDD)  

Existing Land Use Plan Designation:  Low Density Residential (LDR)

East:

Existing Use:  Weldon Ridge PDD (under construction) and vacant land  

Existing Zoning: Planned Development District Major (Weldon Ridge PDD), Residential 40 (R-40)  

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

South:

Existing Use:  Single Family Detached residential and vacant land  

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

Existing Land Use Plan Designation:  Conservation Residential Very Low Density (VLCR), Rural (Wake County); Agricultural and Rural Development Area (Chatham County; Land Conservation and Development Plan) 

West:

Existing Use:  Single Family Detached Residential and vacant land  

Existing Zoning:  Residential 40 (R-40) Wake County, Residential Agriculture 40 (RA-40) Chatham County  

Existing Land Use Plan Designation:  Agricultural and Rural Development Area (Chatham County; Land Conservation and Development Plan)  

Parks & Greenways: The PRCR Department has requested the following as part of the approval of this development:

Support for the additional buffer that has been proposed for adjacent to the American Tobacco Trail.  

Provide a 30’ wide greenway easement for the proposed north-south greenway.  

Provide 8’ private trail connections to the adjacent public greenway within Parcels SF-4, SF-5, SF-6, SF-7, SF-8 and SF-9. Final locations of these private connections will be made at time of site plan approval.  parks and greenways map  

Traffic Impact Analysis:  A Traffic Impact Study for Weldon Ridge was prepared by Town of Cary traffic consultant Wilbur Smith Associates dated August 2003. That study remains valid.  

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.