TOWN OF CARY, NORTH CAROLINA
STAFF RECOMMENDATION TO 
TOWN COUNCIL

REZONING PETITION:  05-REZ-30 Tripathi Property

This is a rezoning of 6.13 acres from Residential-40 (R-40) to Residential-12 Conditional Use (R-12 CU)
including a proposed condition to provide a ten foot Type A Buffer around the perimeter of the property and to limit the development to 19 lots.

LAND USE PLAN AMENDMENT:  Non-applicable, this request is consistent with the Land Use Plan.  

LOCATION OF PROPERTY:  Vicinity Map
818 Reedy Creek Road  

APPLICANT:
Glenda Toppe
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
(919) 851-7150
FAX (919) 851-7547
gtoppe@jerryturnerassoc.com

TOWN OF CARY CASE MANAGER:
Debra Grannan, Senior Planner,
919-460-4980
debra.grannan@townofcary.org 

Public Comment

At the public hearing several property owners in the adjacent neighborhoods expressed concern about a traffic increase on Reedy Creek Road.  There was also discussion about the current, “winding” configuration leading to accidents.  One property owner suggested that the Reedy Creek Road and NE Maynard Road intersection  is dangerous and that there had been a fatality there.  Two property owners felt that this site was not large enough to support the density proposed. Two valid protest petitions were received on this case and they addressed traffic, density and the need for more park land and greenways in this area.  

Changes Since Town Council Public Hearing
None

Staff Analysis and Recommendation

Staff believes this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (Section 3.4.1 (E)), and recommends APPROVAL of the proposed rezoning for The Tripathi Property 05-REZ-30.  

In reaching this conclusion, staff notes the applicant has exceeded buffer requirements to lessen impact on adjacent property owners.  Staff also notes that traffic concerns expressed by adjacent property owners do not relate to this property itself, but to the existing conditions regarding traffic on Reedy Creek Road. The increase proposed by this development is minor.  

Staff makes the following findings regarding this matter:  

1.       This request is consistent with the current Town of Cary Land Use Plan.   The proposed use is consistent with the Land Use Plan and matched the zoning directly to the north and west of this site.

2.       Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.)  Emergency services are currently available to this site through Wake County.  The property would have to be annexed into the Town of Cary corporate limits prior to approval of a subdivision plan and the homes would connect to utility lines in the general vicinity. 

3.       The proposed rezoning is unlikely to have a significant impact on the natural environment.  Any potential environmental impacts from increased impervious surfaces associated with these 19 lots will need to be mitigated per existing stormwater requirements.

4.       The proposed rezoning will not have a significant adverse impact on other property in the vicinity.  The proposed landscape buffer will lessen the visual impact on the adjacent property beyond the impact if the developer only met the minimum requirements. 

5.   The proposed zoning classification is suitable for the property.  The land area is large enough to support the proposed zoning and density while meeting basic requirements for lot size and setbacks.   

Reference Information  

MEETING SCHEDULE:  

TOWN COUNCIL PUBLIC HEARING – October 20, 2005

Staff Recommendation:  Following the Public Hearing, staff recommended forwarding this
request to the November 21, 2005 Planning and Zoning Board Meeting.

Action: Following the public hearing, Town Council forwarded this to the Planning and Zoning Board for review.  

PLANNING & ZONING BOARD – November 21, 2005

Action:  The Planning and Zoning Board recommended approval (8-0)  

TOWN COUNCIL ACTION – December 15, 2005

Staff Recommendation:  Staff recommends approval of the request.

Action:  

PLANNING AND ZONING BOARD DISCUSSIONS & RECOMMENDATIONS:  The Planning and Zoning Board verified with staff that the proposed 10’ type B buffer exceeded minimum ordinance requirements.  The  Board also asked for additional input from staff regarding traffic conditions on Reedy Creek Road.  Engineering reported that while changes to Reedy Creek Road were not currently in the Town’s Capital Improvement Plan Budget, projects could be reevaluated in the future.  Following a discussion regarding traffic concerns in the vicinity, the Planning and Zoning Board conceded that the road conditions were existing, and noted the developer is also making improvements with the neighboring Ardmore at Reedy Creek townhome project.  The Board also concurred that this request was appropriate with the Land Use Plan and blended with existing zoning in the area.  The P&Z Board recommended approval of the request.  

The Planning and Zoning Board voted 8 to 0 to recommend approval of the request.  

Concerns Discussed:

• Buffers- As a condition of the rezoning the applicant will install a 10’ type B buffer adjacent to all residential property.
• Traffic- Reedy Creek Road has several bends and curves that cause concern about safety. 

Reasons for majority vote:

*         Because the request was in compliance with the Land Use Plan and consistent with adjacent zoning to the North and west of the site, and because a 10’ Type B buffer, was proposed to lessen the impact to the R40 zoned property to the east and south of the site the planning and Zoning Board unanimously recommend the rezoning for approval.

There were no dissenting votes.  

ZONING:  Zoning Map

Current: Residential 40 (R-40)
Proposed: Residential 12 Conditional Use (R-12CU)  

PROPOSED ZONING CONDITIONS: Installation of a 10-foot Type A perimeter buffer adjacent to all of the existing residential property, and recorded as common open space, and a limit of 19 lots.  

APPLICANT’S JUSTIFICATION STATEMENT (July 25, 2005): The proposal is to rezone the property from R-40 to R-12 CU. The request is in conformance with the Town’s adopted Land Use Plan. The proposed conditions will ensure compatibility with the existing R12 developments adjacent to the property.  

TOWN OF CARY LAND USE PLAN DESIGNATION:  Land Use Map

Current:  Low Density Residential (LDR)

Proposed:  Low Density Residential (LDR) 

ADJACENT ZONING & LAND USES:

North:

Existing Use: Single Family Residential

Existing Zoning: Residential 12 (R12)

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

East:

Existing Use: Vacant

Existing Zoning: Residential 40 (R40)

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

South:

Existing Use: Single Family Residential

Existing Zoning: Residential 40 (R40)

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

West:

Existing Use: Single Family Residential

Existing Zoning: Residential 12 (R12)

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

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

• A payment-in-lieu will be required for the value of 0.54 acres.

The PRCR Advisory Board reviewed and approved these conditions at its November 7, 2005 meeting.  

Parks & Greenways Map

Traffic Impact Analysis:  With the limit of 19 lots proposed as a conditional use, a Traffic Impact Study is not required. 

Reference Information:

Reedy Creek Road Traffic Volume (ADT) information from Town records:

Reedy Creek Elementary opened 1999.

Reedy Creek Middle opened 2002.

The N. Harrison Avenue/Reedy Creek Road traffic signal was installed as part of the N.  Harrison Avenue widening Project in March 2003.

SAS opened the entrance to Trenton Road 2004.

The traffic volume (ADT) has increased only 4.4% in five years on Reedy Creek Road  

Intersection Accidents– Town of Cary Police Reports - January 2001 – Present

The two accidents prior to the traffic signal installation at N. Harrison Avenue and Reedy Creek Road were the rear-end type. Only two of the 13 reported accidents at N. Harrison Avenue and Reedy Creek Road had injuries evident. Only three of the 22 reported accidents at NE Maynard and Reedy Creek Roads had injuries evident. No fatal accidents reported.  

The developer of Ardmore is making traffic signal improvements at the intersection of NE Maynard and
Reedy Creek Roads.  

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 2003 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.