06-REZ-23 Park at Langston Rezoning Staff Report to Town Council 

Background Information

Existing Zoning:  Zoning map
Residential 30 Wake County (R-30W) and Residential 12 (R-12)

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

Proposed conditions: 
Total density will not exceed 2.15 du/acre

Conformity with the Land Use Plan Designation:  Yes.  The proposed Residential 12 Conditional Use (R-12 CU) is consistent and compatible with the Low Density Residential (LDR) land use designation. Land use map

Acreage:  19.82 ±

Location:  Vicinity map
End of Truelove Drive off Bells Lake Road and north of Forester Lane

Applicant:

William Barker  
The Park at Langston, LLC
1401 Sunday Drive
Raleigh, NC 27307
(919) 859-0044  

Applicant’s Contact:

Chuck Smith
Withers & Ravenel, Inc
111 MacKenan Drive
Cary, NC 27511
(919) 469-3340
csmith@withersravenel.com

Town of Cary Case Manager:

Jennifer Currin, Planner II  
316 N Academy Street, Cary, NC 27513
(919) 469-4342
jennifer.currin@townofcary.org
 

Summary of Requested Rezoning  

A.  Transportation
Existing Roadway Section:  Residential

Future Roadway Section:  Residential

Schedule:  Not scheduled

Sidewalk Requirements:  Sidewalk on at least one side

Bicycle Requirements:  Not required

Transit Requirements:  Not required  

B.  Traffic Impact Analysis:  The density is less than 2.175 units/acre.  Therefore, no traffic impact study is required.

C.  Parks & Greenways:  Greenways and trails map

Per approved Parks, Recreation, and Cultural Resources Facilities Master Plan, a public greenway trail is proposed along the western edge of the site.  A payment-in-lieu may be required for the proposed units. 

Meeting Schedule

Town Council Public Hearing
Date:  December 14, 2006

Action:  Forwarded to the January 22, 2007 P&Z Board meeting

Planning & Zoning Board
Date:  January 22, 2007

Action:  Recommended approval of the request 9-0

Town Council Action
Date: 
February 22, 2007

Parcel and Owner Information

Property Owner(s)

County Parcel Number(s) PIN 10

Real Estate ID(s)

Area/Acres

The Park at Langston, LLC

1401 Sunday Drive, Suite 116

Raleigh, NC 27307

0679488538

0679485780

0679498326

0679497051

0679495069

0071350

0071351

0017768

0082062

0040510

5.75

0.97

7.05

0.52

5.53

Total Acreage

 

 

19.82

Applicant’s Justification Statement Submitted September 25, 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:

How is the proposed request reasonable?  In explaining how it is reasonable, please address the following, if applicable:

1.  Any issues with the size of the tract?  N/A 

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)?
The request is compatible with the comprehensive plan.  The Town has a sewer treatment plant south of the site on Middle Creek in anticipation of development similar to this request in this area.  An elementary school, two middle schools and a high school already exist near this site.  The proposed land use is the same as that existing directly adjacent to the west.

3.  What are the benefits and detriments to the owner, neighbors and the
community?
Since the proposal will develop in a similar manner to the existing Park at Langston, the tie in to existing Town of Cary water and sewer is more “environmentally friendly” than allowing the property to develop with wells and septic tanks. 

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? 

Residential uses currently exist in this area.  The area proposed for rezoning is adjacent to land zoned and developed with the same lot size.  Areas adjacent to the proposed rezoning but outside the Town of Cary have a Wake County residential zoning designation and are compatible with the proposed request.

Schools
The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.
    

School Information

Assigned Schools

20th Day Enrollment

Permanent Seat
Capacity

Average
Percent
Occupied

Projected Range of Additional
Students* 

Middle Creek Elementary

  860

  793

108

13-18

Holly Ridge Middle* *

1285

1205

107

    3-7

Middle Creek High

2028

1738

117

    4-8

Total Projected range of additional students

20-33

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2005-2006 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.    

**The current information for Holly Ridge Middle School was not included in the Cary area school capacities information for 2005-2006, which is based upon the 20th day enrollment. The 20th Day Enrollment and the Permanent Seat Capacity  for Holly Ridge Middle is the 2006-2007 enrollment data according to the Wake County Public School System.  

*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. The basis for making this calculation is based on multipliers provided by the Wake County Schools Office of Student Assignment.  During the rezoning process, student yield can not be accurately determined due to 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.

Changes since the Town Council Public Hearing:  None 

Staff recommendation on the rezoning:  The requested zoning of Residential 12 Conditional Use (R-12 CU) is compatible with the Residential 12 (R-12) zoning district of the Park at Langston subdivision to the west and the Belmont Subdivision to the southwest. Staff recommends approval of the rezoning request.

Ordinance for Consideration:  06-REZ-23 [Conditional Use] 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 19.82 ACRES LOCATED END OF TRUELOVE DRIVE OFF BELLS LAKE ROAD AND NORTH OF FORESTER LANE owned by THE PARK AT LANGSTON, LLC FROM Residential 30 wake county (r-30 w) and Residential 12 (r-12) TO residential 12 Conditional use (r-12 CU).

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”):  

Parcel/Owner Information

Property Owner(s)

County Parcel Number(s) PIN 10

Real Estate ID(s)

Area/Acres

The Park at Langston, LLC

1401 Sunday Drive, Suite 116

Raleigh, NC 27307

0679488538

0679485780

0679498326

0679497051

0679495069

0071350

0071351

0017768

0082062

0040510

5.75

0.97

7.05

0.52

5.53

Total Acreage

 

 

19.82

Section 2:  That the Property is rezoned from Residential 30 Wake County (R-30 W) and Residential 12 (R-12) to Residential 12 Conditional Use (R-12 CU) subject to the individualized development conditions set forth herein, and for all the requirements of the Cary Land Development Ordinance (LDO) and 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:  the total number of units will not exceed 2.15 dwelling units per acre (du/acre). 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. 

(Signed)                                                                      date: