Town of Cary, North Carolina
Rezoning Staff Report to the Town Council
07-REZ-02 West Lake Planned Development District Amendment
Jennifer Currin, Case Manager

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 9.77 acres located west of Henderson Road, east of Homeplace Drive, and south and east of the existing West Lake Planned Development District (PDD) from Residential 30 Wake County (R-30 W) to West Lake PDD Amendment.

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

Public Notification: On March 7, 2007, notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was published in the Cary News on March 7and 14, 2007.

Feedback at the Town Council Public Hearing:  During the public hearing, one citizen spoke in favor of the request. He stated that it would improve Cary. A few Council members voiced concerns regarding comments the applicant, Stephanie Norris, made during her presentation. Ms. Norris’ comments pertained to the recreation payment-in-lieu, the buffer along the pond to the south, and buffers between adjacent properties. Several Council members expressed concern about the applicant asking for reductions to the buffer requirements for adjacent parcels, the lack of open space being provided, and the pond to the south. More details regarding the open space calculations and the pond’s origin were requested by Council.

Changes since the Town Council Public Hearing:  The acreage has increased slightly since the Town Council public hearing from 9.66 ± to 9.84 ± acres.  Belmont subdivision owned a strip of land directly east of the subject property and west of Henderson Road. Part of this strip is now included in the applicant’s request, and they have classified it as open space. The applicant has provided the permitted uses within “Tract C” in the Permitted Uses Table in the PDD document. In the initial submittal, the applicant was including the BMPs in the open space calculations. When the PDD was resubmitted, the applicant removed the BMPs from the open space calculations. The applicant has also provided a breakdown of the open space they are providing and identified the approximate locations.

summary

The overall gross density for the entire PDD, including adding Tract C in this proposed amendment, is 2.44 dwelling units per acre, which is consistent with the Land Use Plan recommendation for Low Density Residential (LDR) development. LDR typically consists of single family detached residences at about 1-3 units per acre. The overall PDD proposal is consistent with LDR.

The applicant is requesting a zoning of PDD Amendment. The PDD equivalent zoning is Residential-8 (R-8). The PDD amendment proposes a minimum lot size of 8,300 square feet, which exceeds the 8,000 square foot lot size minimum the LDO requires for Residential-8 (R-8). In addition, the applicant is proposing to meet all of the setback and height requirements of the LDO for R-8. The request also provides a minimum lot width at building line that exceeds the compatible R-8 zoning requirement.

D.R. Horton has developed Tracts A and B to the west and north per the original West Lake PDD. A 20’ Type “B” buffer has been provided and recorded in the approval of Tracts A and B along the western and northern property lines of Tract C. According to the recorded plat, the 20’ Type “B” buffer was not platted into the lots, but remains between the open space provided and the property line of Tract C.

According to LDO Section 4.3.2 (D)(7)(b), PDDs 10-49 acres in size are required to provide 5% of the parcel to be used as common open space. In the PDD amendment being requested, the tract is only 9.77 ± acres in size. Therefore, only 0.49 acres of common open space is required. In “Tract C” of the West Lake PDD Amendment, the applicant is proposing 0.82 acres of common open space, which exceeds the amount required by the LDO. In the previously approved PDD, 32.82 acres of open space were provided, although only 8.59 acres were required per the LDO. The applicant noted in the PDD document that the maximum acreage of open space shown excludes perimeter buffers.

Staff did receive information from the Engineering Department regarding the origination of the pond, stating it was a man made structure to be used for farming purposes in the past. The applicant has been working with DWQ to make a determination regarding whether or not the buffer rules are applicable to the stream that flows from the pond. This stream did appear on a USGS map, and a 100’ Urban Transition Buffer (UTB) is required.

The applicant has submitted the following proposed zoning conditions: The applicant is not proposing any conditions outside the PDD document.  

Planning and Zoning Board Recommendation

As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows:  The Planning and Zoning Board met on May 21, 2007 and voted 8-0 to forward this case to the Town Council with a recommendation of approval because the proposed amendment 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: The applicant determined after the Planning and Zoning Board meeting that a 100’ buffer would be required around the pond to the south. Due to this required 100’ buffer, the open space locations have been modified, as well, as the street layout. The applicant is still providing at least the 5% of the parcel as common open space as required in the LDO. The acreage has also been revised slightly since the Planning and Zoning Board meeting. In the last submittal, the acreage provided was 9.84 ±. The acreage provided now is 9.77±.

Consistency with the Comprehensive Plan

A. Land Use Plan: 
The Land Use Plan designates these parcels as Low Density Residential (LDR), which is defined as including single family detached housing at 1-3 dwellings per acre.  This rezoning request conforms to that land use recommendation.

B. Transportation
Existing Section:  West Lake Road 100’ Right-Of-Way, Optimist Farm 100’ Right-Of-Way, Henderson Road 60’ Right-Of-Way
Future Section:  4-lane median divided with 100’ Right-Of-Way on both West Lake and Optimist Farm Roads, 2-lane on Henderson Road
Road Improvements:  Widening, sidewalk, curb and gutter
Sidewalks Requirements: Sidewalk required on both sides of West Lake and Optimist Farm Roads
Bicycle Requirements: 14’ Wide Outside Lane required on West Lake and Optimist Farm Roads
Transit Requirements: None
Traffic Analysis:  A Traffic Impact Analysis is not required. It is part of the 04-TAR-164 study dated December 2004.

C.  Parks & Greenways:  Greenways Map
A recreation payment-in-lieu fee will be required for any subdivided residential housing on this site in accordance with the Land Development Ordinance.  This fee will be determined at time of site plan approval.  The PRCR Advisory Board reviewed this project at their May 7^th meeting and unanimously approved for the developer to make payment-in-lieu in accordance with the Land Development Ordinance.

D.  Environmental:  
According to the Town of Cary GIS maps, there is a stream buffer at the southeast corner of the property. Final delineation of any stream will be field verified prior to site plan approval. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.  It has been determined that a 100’ buffer will be required and will be provided by the applicant along the pond to the south.

E.  Buffers: 
According to Table 7.2-1 (LDO), the applicant is required to provide a 20’ Type “B” Buffer along the residentially zoned properties, which are not adjacent to previously approved tracts within the West Lake PDD.

F.  Streetscape: 
According to Section 7.2.4 (LDO) and the previously approved PDD document, the LDO requires streetscapes along thoroughfares and collectors. Since Henderson Road is not classified as a thoroughfare or collector, a streetscape is not required.

Consistency with the Land Development Ordinance

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to Staff for review.  Prior to Site Plan or Subdivision Plan approval, the proposed project 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:

TOWN COUNCIL Criteria for Consideration in Reviewing Rezonings and PDD’s:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Planning and Zoning Board 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;

7.        The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

8.        The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).

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 2005-2006 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. 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-02 West Lake Planned Development District Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 9.77 ACRES LOCATED NORTHWEST OF OPTIMIST FARM AND HENDERSON ROADS OWNED BY BRUCE HENDERSON FROM RESIDENTIAL 30 WAKE COUNTY (R-30W) TO WEST LAKE PDD AMENDMENT.

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 30 Wake County (R-30W) to West Lake PDD Amendment 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, polices and guidelines.

Section 3:  The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are set forth within the West Lake PDD Amendment.  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.

Adopted and effective:  June 14, 2007