Rezoning Case 05-REZ-39 and
 Land Use Plan Amendment 05-LPA-23
Staff Report to Town Council 

1.  Background Information

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

Existing Zoning:  Residential 40 (R-40) Zoning Map  

Cary Land Use Plan Designation:  Medium Density Residential (MDR)   

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

Acreage:  24.85 Acres   

Location:  South of the existing Cameron Pond Planned Development District (PDD) and North of Twyla Road 
Vicinity Map

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

Town of Cary Case Manager: 
Debra Grannan, Senior Planner
316 N. Academy Street, Cary, NC 27513
(919) 460-4980
debra.grannan@townofcary.org  

2. Summary of Requested Rezoning  

The applicant has submitted the following proposed zoning condition:
The subdivision will have a maximum of 50 lots.  

3.  Feedback at Town Council Public Hearing   
The applicant concurred with staff’s presentation.  No citizens spoke either in favor of or opposed to the rezoning.  

4.  Staff Analysis  

A.  Land Use Plan Amendment Land Use Map   

Current:  Medium Density Residential (MDR)
Proposed:  Low Density Residential (LDR)

B.  Transportation
Future site plans for this property must comply with all road design guidelines in the Land Development Ordinance.  

C.  Traffic Impact Analysis
The site has less than R-20 density; therefore, no traffic impact study is required.  

D.  Parks & Greenways
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the Panther Creek Greenway is proposed along the southern edge of this site. In addition, a payment-in-lieu of approximately 1.43 acres will be required for the development of single family homes. Greenways Map 

5.  Staff Observation   

Land Use Plan Amendment

1. The requested Land Use Plan Amendment provides a more compatible transition in density south of the existing Cameron Pond PDD than does the current Medium Density Residential (MDR) designation.  The proposed Low Density Residential (LDR) designation is thus in keeping with the Land Use Plan’s overall philosophy of providing gradual transitions between uses and densities.
2. The proposed residential density category – Low Density Residential – is equivalent to the density pattern established immediately north of the site in Cameron Pond PDD. 
3. There are stream buffers on the southern and eastern edges of the site that will still provide an adequate buffer transition between the site and the Wackena and Twyla Road neighborhoods to the south and east, which are Very Low Density Residential.

Rezoning

1. This request is consistent with the Land Use Plan Amendment which is supported by staff.
2. The proposed density of this site is similar to the adjacent development and adequate protection is provided through our Land Development Ordinance regulations.
3. The condition to limit the number of lots to 50 reduces the impact on existing property owners to the east and south of the site beyond the impact that would have been felt if this property remained medium density residential.

Changes since the Planning and Zoning Board Meeting:

There have been no changes.  Staff met with one citizen on  Wackena Road who requested information about requirements for future road connectivity.  

6.  Planning and Zoning Board Recommendation (March 20, 2006):  

Land Use Plan Amendment:

The Board voted unanimously 10-0 to recommend approval of the land use plan amendment for the following reasons:   

The proposed residential density category – Low Density Residential – is equivalent to the density pattern established immediately north of the site in Cameron Pond PDD. 

There are stream buffers on the southern and eastern edges of the site that will still provide an adequate buffer transition between the site and the Wackena and Twyla Road neighborhoods to the south and east, which are Very Low Density Residential.

Rezoning Request:

The Board voted unanimously 10-0 to recommend approval of the rezoning request for the following reasons:

The proposed density of this site is similar to the adjacent development and adequate protection is provided through our Land Development Ordinance regulations.

The condition to limit the number of lots to 50 reduces the impact on existing property owners to the east and south of the site beyond the impact that would have been felt if this property remained medium density residential.

Lori Bush added a recommendation that the developers stipulate to future homeowners that this development is next to an adjacent future I-540.

7.  Town Council Motion Options:  (Ordinances are at the end of this report) 

Land Use Plan Amendment 05-LPA-23
TO ADOPT
Motion 

I move to adopt the ordinance amending the Land Use Plan to change the approximately 24.85 acres described in the Ordinance from Medium Density Residential to Low Density Residential.

[vote] 

TO DENY
Motion
(for 05-LPA-23, Land Use Plan Amendment) 

I move to deny the Land Use Plan Amendment 05-LPA-23. 

[vote] 

Rezoning 05-REZ-39
TO ADOPT
Motion #1
(Required Council Statement for adopting any zoning amendment)

This proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[vote]

Motion #2
(To amend zoning map)

To adopt the ordinance amending the zoning map by rezoning the area described in the Ordinance from R-40 to R-12 CU, with the conditions set forth in the Ordinance.

[vote] 

TO DENY
Motion #1
(Required Council Statement for rejecting any zoning amendment)
 

This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ________________.

[vote]

Motion #2
(To Deny Amendment to Zoning Map)

To deny the ordinance amending the zoning map.

[vote]

8.  Reference Information  

Meeting Schedule: 

Town Council Public Hearing

Date:  January 12, 2005

Action:  The Town Council voted unanimously to forward the case to the Planning and Zoning Board.  

Planning & Zoning Board:

Date:  March 20, 2006

Action: Forwarded unanimously to the Town Council Meeting  

Town Council Action:

Date:  April 27, 2006

Applicant’s Justification Statement (November 28, 2005) Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary:

The request is to rezone property from R-40 to R-12 CU and to amend the Land Use Plan from medium density to low density.  The property is located south of the approved Cameron Pond PDD.  The proposed low-density land use designation is more appropriate at this location than the current land use designation of medium density due to the location of the property.  The proposed rezoning to low density provides an excellent transition from the existing development to the north to the very low density land use designation planned to the south of this rezoning.  In addition, the property affected by the proposed rezoning is adjacent to the 400-foot open space corridor identified on the Northwest Area Plan, thus providing another justification for amending the Land Use Plan from medium density to low density.  

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, stormwater 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.

9.  Ordinances for Consideration:

Land Use Plan Amendment 05-LPA23 

AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE TOWN OF CARY TO CHANGE THE APPROXIMATELY 24.85 ACRES LOCATED South of the existing Cameron Pond Planned Development District (PDD) and North of Twyla Road FROM MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL. 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:  

Section 1.The Comprehensive Plan of the Town of Cary is hereby amended by changing the area shown below from Medium Density Residential to Low Density Residential:  

Section 2.This ordinance shall be effective on the date of adoption.

(Signed) 

REZ-05-REZ-39

Conditional Use Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 24.85 ACRES LOCATED South of the existing Cameron Pond Planned Development District (PDD) and North of Twyla Road  

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:  

Section 1. The Official Zoning Map is hereby amended by rezoning from Residential 40 (R-40) to Residential 12 Conditional Use (R-12 CU) (subject to those conditions set forth in Sections 2, 3 and 4 of this ordinance) the area described as follows:  

Section 2. That the rezoning from R-40 to R-12 CU is hereby authorized subject to the following conditions:  

1) There will be a maximum of 50 lots.  

Section 3. This property will be perpetually bound to the uses authorized and subject to such conditions imposed, unless subsequently changed or amended as provided for in the Cary Land Development Ordinances.  

Section 4. Any violations or failure to accept and abide by any conditions and use limitations imposed herein shall be subject to the remedies provided in the Cary LDO.  

Section 5. This ordinance shall be effective on the date of adoption.

(Signed)