05-REZ-41
Herndon Property
 Staff Report to Town Council 

1.  Background Information  

Requested Zoning:  Residential 8 Conditional Use (R-8 CU)  

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

Acreage:  Approximately 4.60  

Location: 6828 Turner Creek Road Vicinity Map

South of Chesney Glenn Subdivision; East of Proposed Harmony Subdivision; North of Turner Creek Road Elementary School 

Cary Land Use Plan Designation:  Medium Density residential (MDR)   Land Use Map 

Requested Land Use Plan Designation:  No change requested/required  

Owner/Representative: 
Leon and Shirley Herndon
6828 Turner Creek Road
Cary, N.C. 27519
(919)367-0389
FAX:  (919)367-0906
E-mail:  Herndony2k@aol.com  

Town of Cary Case Manager
Debra Grannan, Senior Planner
919/460-4980
debra.grannan@townofcary.org  

2.  Summary of Requested Rezoning  

The applicant has submitted the following proposed zoning conditions: 

1.  A reservation of 50 feet of right of way and necessary construction easements will be made along the northern portion of this property outside of the required 20-foot landscape easement between the property line of this site and the Chesney Glen subdivision. The western most portion of this right of way shall align with the planned road stub from the adjacent Harmony subdivision.  

2.  The minimum lot size contained in this 4.6 acre tract will be 18,000 square feet.  

A.  Transportation

Roadway: Turner Creek Road is not a major thoroughfare or collector on the Town’s Plan

Sidewalk Requirements: sidewalk required on at least one side of Turner Creek

Bicycle Requirements: proposed striped bike lane on Turner Creek

Transit Requirements: N/A

B.  Traffic Impact Analysis
The proposed zoning would not generate the required 20 dwelling unit trips for a traffic impact study.  

3.  Feedback at Town Council Public Hearing  

Other than the applicant, no one spoke in favor of or opposed to the request.  Concerns were expressed by Council members regarding the configuration of the lots and their relationship with the proposed right-of-way and road stub from the proposed Harmony Subdivision.  Based on staff review, the combination of the right of way and a 20’ landscape easement required, the future lots could be no closer than 70 feet south of the Chesney Glen development.    

Concerns were expressed by a Council member about the width of the road and whether it could be narrower through the rezoning case.  Based on staff’s review, a condition to narrow the roadway could not be accepted because it would be less restrictive than our zoning ordinance requirements.     

A Council member had a concern about the stormwater drainage and requested staff review this.  Another Council member wanted to ensure that proposed road across the property be provided in the future. There was also a request that the applicant meet with the adjacent property owners prior to the Planning and Zoning Board meeting.   

4.  Staff Observation  

The requested R-8 zoning district is consistent with the current Land Use Plan designation for medium density residential.  

The proposed condition of a minimum lot size of 18,000 square feet limits the number of lots that could ever be places on this property to 11.  Any subdivision of lots beyond the three additional lots allowed through the gift lot process would require a subdivision plan and would obligate the property owner to make required road improvements. Creating one additional lot or three gift lots on this property would exempt the property owner from road improvements and buffer requirements. With a gifting subdivision, the applicant would be required to reserve the right of way, temporary construction easements and the landscape easement.  Even with the current R40 zoning on the property, staff advised the applicant that a reservation of right of way was required, so that placement of homes would not preclude the need for future connectivity.   

The location of future lots on the Herndon property has not been determined. In order for new lots to be subdivided, they would be required to meet the minimum lot width requirements stated in the Land Development Ordinance.  The R-8 zoning district allows for a minimum lot width of 60 feet.  

5.  Planning and Zoning Board Recommendation (April 17, 2006):  

At its April 17, 2006 meeting, the Board voted 10-0 to recommend the adoption of the ordinance to approve the rezoning  request as presented for the following reasons:

·         the request is consistent with the Comprehensive Plan  

• road connectivity is a Land Development Ordinance requirement

·        the  condition on the lot size proposed lessens the impact on adjacent property and sets a physical limit on the number of lots that can be created   

Changes since the Planning and Zoning Board meeting:  

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

Rezoning 05-REZ-41
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 Residential 40 (R-40) to Residential 8 Conditional Use (R-8 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]

7. Reference Information

Meeting Schedule

Town Council Public Hearing
Date:  February 9, 2006
Action:  Forwarded to the April 17, 2006 Planning and Zoning Board Meeting.  

Planning & Zoning Board:
Date:  April 17, 2006
Action: Forward to Town Council with a recommendation for approval (10-0).  

Town Council Action:
Date:  May 11, 2006

APPLICANT’S JUSTIFICATION STATEMENT (December 27, 2005)
Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town:

At this time we are proposing the division of this property into three residential lots with each having access from Turner Creek Road. At this time and in the future all lot sizes will be a minimum of 18,000 square feet. Finally, if required for development of adjacent properties, permission is granted for the reservation of right-of-way for this east-west connectivity on the northern boundary of the property described in this rezoning request as long as all expenses associated with this connectivity is borne by the developers and/or the Town of Cary. 

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.

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.

8.  Ordinances for Consideration:

05-REZ-40

Conditional Use Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 4.60 ACRES located south of Chesney Glenn Subdivision; east of proposed Harmony Subdivision; north of Turner Creek Road Elementary School

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 8 Conditional Use (R-8 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 Residential 40 (R-40) to Residential 8 Conditional Use (R-8 CU) is hereby authorized subject to the following conditions:  

1.  A reservation of 50 feet of right of way and necessary construction easements will be made along the northern portion of this property outside of the required 20-foot landscape easement between the property line of this site and the Chesney Glen subdivision.  The western most portion of this right of way shall align with the planned road stub from the adjacent Harmony subdivision.  

2.  The minimum lot size contained in this 4.6 acre tract will be 18,000 square feet.

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)