Background Information

06-REZ-40 Stephens Road Property Rezoning
Staff Report to the Town Council

Requested Zoning: Transitional Residential Conditional Use (TR-CU) Requested Zoning Map

1. The peak stormwater discharge rate from the site during a 5-year post-development storm event shall not exceed the peak stormwater discharge rate for the 1-year pre-development storm event.

2. The peak stormwater discharge rate from the site during a 25-year post-development storm event shall not exceed the peak stormwater discharge rate for the 10-year pre-development storm event.

4. The use of the property shall be limited to single family detached residential units.

Land Use Plan Designation: Land Use Map
The governing element of the Comprehensive Plan for this property is the Southeast Area Plan, which designates the subject parcels for “Low- to Medium-Density Residential,” with a maximum of 6 dwellings per acre. The SE Area Plan further recommends that properties in the vicinity of the subject parcels should “...only be redeveloped as Medium Density Residential if at least 3 or more contiguous acres are assembled for that purpose. However, once some initial redevelopment has occurred, subsequent redevelopment may occur in smaller assemblages, provided they are contiguous to redeveloped parcels. There should be a transition to single family detached housing adjacent to Wellington PDD…” The subject properties are comprised of more than three contiguous acres.

Acreage: 12.99 +

Applicant:
Willie Hood
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
(919) 851-7150
whood@jerryturnerassoc.com

Applicant’s Contact:
Glenda Toppe
Jerry Turner and Associates, Inc.
905 Jones Franklin Road
Raleigh, NC 27606
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

Stephens Rd.
Existing Roadway Section: 2 lanes, approx. 60’ right of way (ROW)
Future Roadway Section: local road
Schedule: N/A
Sidewalk Requirements: Will be required on at least one side.
Bicycle Requirements: N/A
Transit Requirements: None

B. Traffic Impact Analysis:
Traffic Impact Study (07-TAR-229) was prepared by Town traffic consultant, Martin Alexiou Bryson, dated December 22, 2006. All signalized intersections in the study area operate at Town of Cary standard level of service “D” or better. The study recommends right and left turn lanes be constructed on Stephens Road at Piney Plains Road .

C. Parks & Greenways: Greenways Map
There are no parks or greenways planned for this site according to the Parks, Recreation and Cultural Resources Facilities Master Plan. A payment-in-lieu will be required for any subdivided residential units in accordance with the Town’s Land Development Ordinance.

D. Buffers:
The Land Development Ordinance requires a 30 foot Type “B” Semi Opaque Buffer between the proposed Class 3 Use (Single Family Lots on lots 8,000 square feet or less) and the existing Class 2 Use (Single Family lots on lots greater than 8,000 square feet.)

E. Dimensional Standards and Measurements:
Transitional Residential Zoning allows the following use types: Detached single family dwellings, patio dwellings, duplexes, and subdivided attached, semi-attached and townhome developments. If the rezoning request for detached single family dwellings is approved, the minimum lot size is 6,000 square feet and the maximum gross density is six dwelling units per acre.

Town Council Public Hearing
Date: February 8, 2007
Action: Forwarded to the April 16, 2007 Planning and Zoning Board meeting

Planning & Zoning Board Public Hearing:
Date: April 16, 2007
Action: Recommended 9-0 for approval

Town Council Action:
Date: May 10, 2007
Action: Approved

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	20^th Day Enrollment	Permanent Seat Capacity	Average Percent Occupied	Projected Range of Additional Students*
Combs Elementary	794	719	110%	11-16
Dillard Drive Middle	1004	928	108%	2 - 6
Athens Drive High	1800	1798	106%	3 - 7
Total Projected range of additional students				15 - 29

Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2006-2007 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 depends on variables, such as dwelling unit type, number of bedrooms, and dwelling size. For example: 38 three-bedroom homes could yield 15 additional students, while a neighborhood with 38 four-bedroom homes could yield 29 students. 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.

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.

Staff presented the request and reported that there was a valid protest petition. Willie Hood with Jerry Turner and Associates spoke on behalf of the owner of the subject property and noted that the applicant was reducing the maximum number of dwelling units from 48 to 39. He added that the applicant was prepared to address stormwater management issues.

Five citizens spoke in opposition to the request and expressed concern about stormwater and the tendency for flooding in the area. There was also concern expressed by adjacent property owners about the lot size permissible under Transitional Residential zoning, and the impact this development would have on local schools and traffic. Three citizens spoke in favor of the request.

Council asked Staff for clarification as to what type of development and lot sizes were permitted under TR Zoning. There was discussion about the concerns regarding lot size. Council also asked that stormwater management concerns be investigated.

The applicant has met with adjacent property owners and discussed stormwater management. Our Engineering Staff has also provided information to concerned citizens about the Town’s stormwater management regulations. While these concerns will be addressed in greater detail during the site plan review process, the introduction of 5 and 25-year storm attenuation devices as zoning conditions puts additional responsibility on the applicant to lessen impact on adjacent property owners.

The proposed rezoning yields a density of 2.9 dwelling units per acre, which is less than the maximum of 6 dwelling units per acre allowed with TR Zoning. By limiting the proposed use to single family detached units, the applicant provides a plan which fosters a compatible transition with the adjacent neighborhoods which also offer single family detached homes.

Staff evaluated the concerns expressed about density and lot size by comparing it to two neighborhoods within the Wellington PDD immediately west of the subject property. The information on these neighborhoods is as follows:

Spencer's Ridge at Wellington Park
101 Lots (two less than the 103 dwelling units approved per the PDD)
Per the Site Plan: Gross Acres= 24.57
Lot size range is 0.14 to 0.34 acre
Average Lot size is 0.21 acres
The PDD Map shows 27.58 Gross acres and density of 3.7 dwelling units per acre.

Wellington Park Phase III
72 Lots (Matches the approved PDD)
Gross acreage = 20
Lot Size Range is 0.17 to 0.36 acres
Average lot size is 0.23
The PDD map shows 20.83 gross acres and calls for 3.5 du/acre

The difference between lot sizes is more dramatic when comparing the subject property to existing lots along Stephens Road. There are several large lots in this vicinity, but even here there is a range in lot size from 0.26 to lots greater than one acre. Also, the land use plan designation for those lots is low density residential, compared to the medium density designation for the subject property.

Per Cary’s Land Development Ordinance, Transitional Residential zoning requires a minimum lot size of 6,000 square feet for single family detached dwellings. The applicant is proposing a minimum lot size of 6,100 square feet, or 0.14 acres. This means the smallest lot size in the subject property will not be smaller than the smallest lot in the adjacent Wellington Place subdivision. The requested rezoning provides a gradual transition to existing neighborhoods and represents a compatible use.

Consistency with Comprehensive Plan, LDO and other applicable laws, standards, policies and guidelines.

The request is consistent with the Land Use Plan, the Southeast Area Plan, and the requirements of the Land Development Ordinance.

Since new zoning conditions were introduced by the applicant, a second public hearing was held at the April 16, 2007 Planning and Zoning Board Meeting. Staff presented the new conditions and reported that the case still had a valid protest petition.

The applicant, Jon Buxbaum, commented on his ongoing going efforts to meet adjacent property owners to discuss stormwater management concerns. Neil Kochis, an engineer for the applicant described the new proposed stormwater management conditions in greater detail.

One citizen expressed continued opposition to the request because of the small lot size and concerns about buffers and tree removal. A second citizen expressed concern about flooding. A third citizen spoke in favor of the request; noting that the type of use proposed created less impact a townhome or multi-family development.

The Board asked staff to explain the way different storm events were classified. Tom Horstman from the Engineering staff provided this information and further reported that although there is concern about drainage and stormwater run-off in this area, there have been no reports of homes flooding.

Staff verified Cary’s ordinance requirements for lot dimensions in TR Zoning, buffer requirements and the procedure for submitting zoning conditions. The motions made by the Planning and Zoning Board were adjusted to reflect the zoning conditions that had followed the submission requirements.

Several board members remarked that that the proposed zoning conditions related to stormwater management greatly exceeded Cary’s ordinance requirements. One board member asked that the applicant consider a minimum lot size at least along the perimeter of the subject property. Because of the proposed use and maximum number of lots allowed, the board remarked that this request produced significantly less impact than other uses and densities that could be considered on this site.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 12.99 ACRES LOCATED along Stephens ROAD OWNED by KURUVILLA AND MARGRITH W. VERGHESE AND ROBERT J. AND JANE C. WEIR FROM rESIDENTAIL 40 TO tRANSITIONAL RESIDENTAIL Conditional use With the Condtions stated in section 3 below.

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 Residential 40 to Transitional Residential Conditional Use subject to the individualized development conditions set forth herein, and 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:

1. The peak stormwater discharge rate from the site during a 5-year post-development storm event shall not exceed the peak stormwater discharge rate for the 1-year pre-development storm event.

2. The peak stormwater discharge rate from the site during a 25-year post-development storm event shall not exceed the peak stormwater discharge rate for the 10-year pre-development storm event.

4. The use of the property shall be limited to single family detached residential units.

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.

Parcel and Owner Information
Property Owners	County Parcel Numbers (Pin 10)	Real Estate ID’s	Acres ±
Kuruvilla & Margrith W Verghese 5709 Crutchfield Rd. Raleigh, NC 27606-9701	0772381758	0095721	6.06
Robert J & Jane C Weir 2201 Stephens Rd Cary, NC 27511-7038	0772288403	0095722	6.93
Total			12.99 ±


Ernest F. McAlister Mayor		Date