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06-REZ-22 Serving Cup Rezoning Staff Report to Town Council Background Information Existing
Zoning Zoning Map Existing Zoning Conditions: Conditioned to single-family, detached residential use. Minimum lot size in Tract B will be 10,000 square feet. Proposed Zoning: To extend the Mixed Use Overlay District boundary Development utilizing base zoning (R-8 CU) shall be limited to a lot size of 10,000 square feet. Development utilizing of a Mixed Use Sketch Plan would allow uses permitted within a Mixed Use Overlay District with no minimum lot size requirement. (This zoning amendment is associated with mixed use sketch plan request 06-MU-02.) Conformity with Land Use Plan Designation On November 14, 2006, the Town Council approved a Comprehensive Plan amendment (case 06-CPA-09) to change the existing Low Density Residential (LDR) designation to Medium Density Residential (MDR). Location
Vicinity
map Acreage: Approximately 1.33 Applicant Applicant’s
Contact Person Town
of Cary
Case Manager Transportation
Parks
& Greenways
Greenways map
Reference
Information Town
Council Public Hearing Planning & Zoning
Board: Applicant’s Justification Statement Submitted (July 31, 2006) Please note that the following statement is that of the applicant. The statement has not been edited for accuracy of information and does not necessarily represent the views or opinions of the Town of Cary: 1. Any issues with the size of the tract? The proposed rezoning proposes to incorporate this additional 1.33 acre parcel into the adjacent Neighborhood Activity Center designation in order to allow multi-family zoning. The tract size is not an issue. 2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open space and Historic Resources)? Expanding the Neighborhood Activity Center to include the proposed site will be compatible with a more compact development that transitions between shopping center and single family residential. It will have a positive impact on transportation, allowing only one additional driveway onto Green Level Road thoroughfare. Open space will be benefited by reducing the amount of mature tree growth than needs to be cleared. No impact on Historic Resources, the State Historic Preservation Office has already reviewed the site and determined that it has no impact. 3. What are the benefits and detriments to the owner, neighbors and the community? Benefits: Minimize driveways (one instead of six); minimize clearing of existing tree cover, minimize site coverage of building (two small footprints instead of six small footprints); reduce impervious surface with fewer driveways/interior walks; maintain existing character as buffer between shopping center/urgent care center and single family subdivision. Detriments: No detriments foreseen in proposing more compact land usage on a small transitional site that links shopping center to single family residential. 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? Proposed rezoning will allow attached units, creating more compact and less disruptive use of the land than the existing zoning that requires single family detached units on separate lots. As a transition between commercial/shopping center use and single family detached subdivision (Ashley Woods), the proposed rezoning will benefit adjacent tracts by allowing more existing forest to remain, provide larger buffer between the site and existing single family lots and provide a low-impact connection (single lot, single driveway, retain much existing tree cover) from the existing single family subdivision to the shopping center and recently approved Urgent Care Center adjacent to the site on the east. 5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? Extending the Neighborhood Activity Center designation to include the proposed rezoned site would provide a transition between the existing single family subdivision (Ashley Woods) and the shopping center/service center. The proposed extension of the Neighborhood Activity Center to incorporate the site and rezoning will allow compact construction of the small apartment developments proposed (limited by funding sources to 800 square feet in size) rather than six separate small buildings that would each required a driveway, sidewalk, and more extensive impervious surface. This 1.33 acre site is a logical extension of the Activity Center as it is obviously too small to efficiently develop into additional single family usage, and transition between existing uses in an appropriate land use. 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. Changes
since the Town Council Public Hearing:
The Comprehensive Plan associated with this case 06-CPA-09 was
approved to change the Land Use Plan from Low Density Residential to Medium
Density Residential.
The wording of the amendment to the proposed zoning condition
has been revised for clarification. No
increase in impact to adjacent property is involved. Feedback
at the Town Council Public Hearing: Mr.
Joe Oliver, attorney for the applicant spoke on behalf of the project
(06-REZ-22). Mr. Oliver
described the proposed project which is new rental housing for persons
with developmental disabilities, and conditions of the HUD grant that will
fund the project. He pointed
out that the land plan change would allow the housing to be attached and
result in larger buffers and fewer driveway cuts.
One
citizen spoke against the proposal citing that the rezoning would disrupt
the quiet quality of the neighborhood.
One council member asked for clarification on how multi-family
residential use would work with R8 Zoning and staff explained that a Mixed
Use Sketch Plan approval would be required for any uses other than what is
permitted under the base zoning. No
other persons spoke at the public hearing. Staff
observation on the rezoning: The
request is consistent with the Land Use Plan.
In the event the Mixed Use Sketch Plan is not approved, the
existing zoning condition for a minimum lot size of 10,000 square feet
will remain applicable. The
application of this condition or buffers provided on a mixed sketch plan
provide for a gradual transition between this site and adjacent single
family residential property. Planning and Zoning Board Recommendation December 18, 2006: The Planning and Zoning Board unanimously recommended approval 8-0. Changes since the P&Z Board meeting: None Ordinance for Consideration 06-REZ-22 AN
ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO APPLY A
MIXED USE OVERLAY DISTRICT AND TO AMEND THE ZONING CONDITIONS OF
APPROXIMATELY 1.33 ACRES LOCATED along
Green Level West Road owned by SC GREEN LEVEL HOMES CORPORATION By
Retaining the Minimum required lot size of 10,000 sqare feet if the
property is developed under r-8 standards and allowing uses permitted
under a mixed use overlay district with no minimum lot size if a mixed use
sketch plan is approved. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY: Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):
Section
2: That the Property is rezoned from R-8 Conditional Use to Mixed Use
Overlay District and that the conditional use of a minimum lot size of
10,000 square feet not be required if the property is developed under a
Mixed Use Sketch Plan subject to the individualized development conditions
set forth herein, and all the requirements of the Cary Land Development
Ordinance (LDO)
other applicable laws, standards, policies and guidelines.
Section
3: The Conditions mutually
approved by the Town and the applicant for promoting public health, safety
and the general welfare are: that the minimum lot size of 10,000 square
feet will be maintained if the property is developed under R8 Zoning, but
that development utilizing of a Mixed Use Sketch Plan would allow
uses permitted within a Mixed Use Overlay District with no minimum lot
size requirement. These
conditions address conformance of the development and use of the Property
to ordinances and officially adopted plans and address impacts reasonably
expected to be generated by the development and use of the Property. Section
4: This
ordinance shall be effective on the date of adoption.
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__________________ (Signed) Date
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