06-REZ-14 Stewart Property Rezoning Staff Report to Town Council

Background Information   

Requested Zoning:  Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density)

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

Conformity with Land Use Plan Designation:  Yes.  This proposal is consistent with the Land Use Plan.   Land use map

Acreage:  Approximately 23.94    

Location:  North of Roberts Road (near Turner Creek Road)  Vicinity map

Applicant:  
Brad Nelson
Toll Brothers INC
2310 TW Alexander Blvd, Suite G
Raleigh, NC 27617
(919) 321-4800 
bnelson@tollbrothersinc.com  

Applicant’s Contact: 
Travis Morehead
ETD
2880 Slater Road
Morrisville, NC 27650  
(919) 819-1576
tmorehead@etdpa.com 

Town of  Cary Case Manager:
Ricky Barker, Associate Planning Director
316 N. Academy Street, Cary, NC 27513
(919) 469-4085 
ricky.barker@townofcary.org

Summary of Requested Rezoning 

Since this property is outside of the Town’s extraterritorial jurisdiction, an initial zoning is required to designate the Residential-40 District in Cary and to include the property within the Conservation Residential Overlay District.  The overlay district will allow the applicant to create a subdivision with a maximum gross density up to 2.5 units per acre.   

A.  Transportation
Existing Roadway Section:  N/A 

Future Roadway Section:  No major thoroughfares/collectors 

Schedule: N/A 

Sidewalk Requirements:  Sidewalks required on at least one side of all residential roads 

Bicycle Requirements:  N/A 

Transit Requirements:  No requirements   

B.  Traffic Impact Analysis:  R-40 development does not require a traffic impact analysis.  

C.  Parks & Greenways: According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no public park or greenways that are proposed for this site.  Despite this, the rezoning will need to meet the pedestrian connectivity requirements in the Southwest Area Plan.     

According to the Open Space and Historical Resources Plan (OSHRP) a significant portion of this tract is shown as Open Space that should be protected.  The Town has been actively negotiating with the landowners along the White Oak Creek to protect this corridor.  The Town will discuss w/ the applicant placing a conservation easement over the open space that will be designated for this property.  

These issues, along with any required payment-in-lieu fees will be determined at site/subdivision plan phase.  Greenways map 

Feedback at Town Council Public Hearing:

No major issues were discussed at the public hearing. 

Staff Observation and Recommendation on Rezoning:

The requested zoning is consistent with the Cary Land Use Plan.  Specifically the Southwest Area Land Use Plan allows the development of property at a maximum density of 2.5 units per acre provided that a certain amount of extra open space is provided with the development and that certain other development standards are followed.  Staff recommends approval of the initial zoning of this property. 

Feedback at Town Council Public Hearing:

No major issues were discussed at the public hearing.  

Staff Observation and Recommendation on Rezoning:

The requested zoning is consistent with the Cary Land Use Plan.  Specifically the Southwest Area Land Use Plan allows the development of property at a maximum density of 2.5 units per acre provided that a certain amount of extra open space is provided with the development and that certain other development standards are followed.  Staff recommends approval of the initial zoning of this property.  

Planning and Zoning Board Recommendation (July 17, 2006)

The Planning and Zoning Board voted 9-0 to recommend the adoption of the ordinance to approve the amendment as presented because of it is consistent with the Southwest Area Plan element of the Comprehensive Plan.  

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

Rezoning 06-REZ-14
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 from Residential 40 Wake County (R-40W) to Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density) as 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]

Reference Information 
Meeting Schedule:   
Town Council Public Hearing
Date:  June 22, 2006
Action:  Town Council forwarded the request to the  July 17, 2006 Planning and Zoning Board meeting.   

Planning & Zoning Board: 
Date:   July 17, 2006  
Action:  Forwarded to the August 24, 2006 Town Council meeting with a recommendation for approval (9-0).

Town Council Action: 
Date:  August 24, 2006

Applicant’s Justification Statement Submitted ( April 24, 2006) 

(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):   

1.  Any issues with the size of the tract?  There are no issues with the size of the tract of land.   

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?  This request is compatible because the area is designated as Conservation Low Density Residential (LCR).  Our request would follow the guidelines that were established under the Southwest Area Plan.  If approved the subdivision request would also require compliance with the Comprehensive transportation plan which would require road improvements to Roberts Road.

3.  What are the benefits and detriments to the owner, neighbors and the community?  The benefits would be a zoning district whereby a high end subdivision could be built that follows the guidelines established in the Southwest Area Plan.   The obvious increase in revenue to the Town of Cary via the property tax is a significant benefit.  The road improvements that will be constructed at the time of subdivision are also beneficial to the community.  

4.  How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts?  The adjacent tracts are largely undeveloped.  The current zoning of the surrounding property is Wake County R-40.  The proposed zoning would request Town of Cary R-40 Conservation Overlay.  These zoning districts are very compatible.    

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 an 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.  For example, a neighborhood with 59 three-bedroom homes has the potential to yield 24 new students while a neighborhood with 59 four-bedroom homes could yield 45 students.  At the time of rezoning, actual student count cannot be accurately determined because of unknown variables.  

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.

Ordinance for Consideration

06-REZ-14 Stewart Property

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 23.94 ACRES LOCATED ON THE NORTH SIDE OF ROBERTS 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 R-40 Wake County to Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density) the area described as follows:  

Section 2:  That the rezoning from R-40 Wake County to Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density) is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines.

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

Section 4:  Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO

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

(Signed)