Town of Cary, North Carolina

Staff Report to Town Council

07-REZ-01 Evans Estates Phase 2  

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 17.87± acres located at 110, 120, and 160 Anita Way from Residential 40 (R40) to Residential 12 (R12)  

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified 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.

Background Information

*Cases with a valid protest petition, or if not recommended by the Planning and Zoning Board unanimously for approval, will be presented at the second Council Meeting.

Property Notification 

On February 20, 2007, 65 property owners within 400’ of the subject property were notified by mail of the rezoning request.  The case was advertised in the Cary News on February 21 and 28, 2007 and the property was posted in compliance with Cary’s Land Development Ordinance requirements.

Changes since the Public Hearing

One protest petition has been withdrawn, yet the overall protest remains valid.

School data was updated to reflect the most current enrollment statistics from Wake County.

The Comprehensive Land Use Plan was amended on June 28, 2008 to change the Land Use designation from Medium Density Residential to Low Density Residential.

Feedback at Public Hearing

Staff presented the request and reported that there is a valid protest petition and approval of the rezoning request will require a super majority vote by Town Council.

The applicant, David Ward, explained that the goal of the owners of the subject property was to allow larger lots as part of this phase of Evans Estates. Several citizens spoke in support of the request. Mr. Bruce Brown, president of the Evans Estates HOA reported that out of 52 homeowners, 22 responded to a survey regarding the proposed rezoning.  Of the 22 who responded, 20 were in favor of the request and 2 were opposed. Mr. Brown also noted that many residents who supported the rezoning also expressed concerned about construction traffic impacts.

Two citizens citied concerns about traffic and inquired about applying off-site road improvement conditions to this case.

Two Council Members also inquired about adding zoning conditions and Staff explained that the request was not a conditional use case. Council also expressed a desire to see a recreation opportunity, such as a tot-lot incorporated into this development. .

The Engineering Staff reported on the status of ongoing road improvement plans for Evans Road, and targeted an approximate completion time frame of two years.

Feedback by the Planning and Zoning Board

Several Planning and Zoning Board members confirmed with Staff that conditions regarding connectivity could not be attached to a straight rezoning case.  Staff reminded the Board that connectivity is an ordinance requirement and that this would be evaluated at the time of site plan review.

Planning and Zoning Board Recommendation:  At their meeting on July 16, 2007, the Planning and Zoning Board voted 6-0  to forward this case to the Town Council with a recommendation of approval because the proposed rezoning is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report.

Changes since the Planning and Zoning Board: None

summary

Staff has reviewed the application and information provided.  The request proposes a use that is less intense than the existing uses to the south, east and north of the subject property and identical to the uses to the west.  Although zoning conditions are not associated with this request, Cary’s Land Development Ordinance creates the opportunity to hold future development plans to high standards.  For example, single family lots may not be platted in stream buffers, our Engineering Staff will evaluate the feasibility of road connectivity, and the applicant will be obligated to make a recreation payment for each new lot the amount being equal to the fair market value of 1/35 of an acre for this land.

The request for R12 Zoning will add to the pattern of integrated uses established in this general vicinity and provide for a low impact transition to existing neighborhoods.

Staff finds that the request is consistent with the goals and objectives of the Comprehensive Plan and the Land Development Ordinance and is reasonable and in the public interest.

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request conforms to the adopted Land Use Plan which designates this area as Low Density Residential. This designation was amended from Medium Density Residential by Town Council under case 07-CPA-01 on June 28, 2007.

B. Transportation
Existing Section:  2-lane residential, 50’ Right of Way (ROW)

Future Section:  2-lane residential, 50’ ROW

Road Improvements:  None scheduled

Sidewalks Requirements: on at least one side of all streets

Bicycle Requirements: N/A

Transit Requirements:  None required

Traffic Analysis: A Traffic Impact Study is not required since the density is less than 2.175 per acre.

C.  Parks & Greenways:  Greenways Map
A recreation payment-in-lieu will be required for any subdivided residential lots in accordance with the Town’s Land Development Ordinance.  6’ wide private, paved spur trail(s) will be required to provide connection(s) to the Black Creek Greenway.  Number (depending on site layout) and exact location of private trail(s) will be determined at plan review.

D.  Environmental:   According to the Town of Cary GIS maps, there is a stream buffer on a portion of this site. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

E.  Buffers:  According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 20’ wide landscaping area planted to Type “B” Buffer standards between this use and the adjacent Class 2 uses.  This may be located within the platted portion of a lot.

F.  Streetscape:  N/A; Not located along a thoroughfare or major collector roadway.

Consistency with the Land Development Ordinance

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

Existing and Requested Zoning District Comparison:

* This number does not take in to consideration land area that must be reserved for public right of way, or buffers.

Town Council Criteria for Consideration in Reviewing Rezonings:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezonings:

1.             The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.             The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.             The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.             The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.             The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.             The proposed zoning classification is suitable for the subject property;

Other Reference Information

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 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 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. For example a site with 64 three bedroom dwellings could yield 27 additional students, while 64 homes with four or more bedrooms could yield 49 students.  The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment.  At Rezoning, student yield can not be accurately determined due to unknown variables.

Ordinance for Consideration

07-REZ-01 Evans Estates Phase 2 (General Use District)

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 17.87 ACRES LOCATED along 110, 120 and 160 Anita Way  owned by Ray Joseph Bailey, Carolyn Bailey Haith and Constance Bailey Colby FROM Residentail 40 (R40)  TO Residential 12 (R12) .

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:

Section 2:  That this Property is rezoned from Residential 40 to Residential 12 subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3.  This ordinance shall be effective on the date of adoption.

Adopted and effective:  August 23, 2007