Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

07-REZ-04 Wrenn Property

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 18.73 acres located at 1504 Yates Store Road, west of a portion of the Cary Park PUD and east of Yates Store Road, from Residential-40 (R-40) to Residential-12 Conditional Use (R-12 CU).

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 27, 2007, 57 notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was present in the Cary News on March 28 and April 4, 2007.

Feedback at the Town Council Public Hearing: No citizens spoke at the public hearing. There was no Council discussion after the public hearing closed.

Changes since the Town Council Public Hearing: One of the original conditions was that the request would be limited to single family lots and associated amenities. The applicant has since requested that this condition be revised and that the subject property just be limited to single family lots.

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 June 18, 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: None

summary

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the goals and objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest.

The applicant has voluntarily submitted the following proposed zoning condition:

1.                   The project shall be limited to a maximum of 38 single-family lots

Consistency with the Comprehensive Plan

A. Land Use Plan: This subject property is located within the adopted Northwest Area Plan, which calls for low density, single-family residential development at one to three units per acre as the land use for this site.  This rezoning request conforms to the adopted plan.

B. Affordable Housing Plan: Immediately adjacent to this property, the Cary Park PDD committed to 15 % of its units being affordable.  Because of this, the applicant was asked to consider providing affordable units as a part of his project, but has declined.  A goal of the Town’s Affordable Housing Plan is the creation of a reasonable proportion of the town’s housing as affordable units for individuals and families earning between 60% and 80% of the area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

C. Transportation
Existing Section:  60’ Right-of-Way (ROW) on Yates Store

Future Section:  4-lane median divided 100’ ROW

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk required on both sides of Yates Store Rd.

Bicycle Requirements: 14’ wide outside lane required on Yates Store Rd.

Transit Requirements:  None

Traffic Analysis:  A Traffic Impact Analysis not required for a density of 2.175 dwellings per acre or less.

D. Parks & Greenways: Greenway Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a greenway trail crosses the property along the northern end, running parallel to Panther Creek.  According to the Open Space and Historical Resources Plan (OSHRP) there is a proposed open space corridor (average 400’ total width) around Panther Creek, a portion of which would be located on this property. Accordingly, after negotiations w/ the applicant, the following will be required at the time of site plan approval:

•          The applicant agrees to construct that segment of greenway that extends along the northernmost property boundary (including mid-block pedestrian crossing per Town guidelines) that will affect approximately two future lots.  The Town agrees to provide the applicant a credit against the required payment-in-lieu for the construction of this segment of greenway.  The applicant also agrees to provide a 20’ wide public greenway easement. If developer elects not to construct this segment a 30’ wide public greenway easement will be dedicated.

•          The remainder of the greenway will extend along the north side of the buffer down to Yates Store Road. (outside of the current applicant's property)  The applicant further agrees to construct a 10' wide asphalt multi-use trail along Yates Store (approximately 200') to extend to the intersection of New Hope Church Road. If developer elects not to construct this segment a 30’ wide public greenway easement will be dedicated.

•          Developer will make a payment-in-lieu for approximately 1.09 acres of park land dedication requirement.

•          Developer will conserve any part of the 200’ buffer on the south side of Panther Creek that overlaps this property (this is consistent with the 400’ total buffer called for in the Northwest Area Plan).

This project was reviewed and recommended for approval by both the Greenway Committee (May Meeting) and the PRCR Advisory Board at its June 4, 2007 meeting.

E. Environmental: According to the Town of Cary GIS maps, there is a stream buffer in the southeast corner of the property and a stream buffer beginning on the northeast edge of the property to the western edge of the property. Final delineation of any stream will be field verified prior to subdivision approval. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

F. Buffers: According to Chapter 7 (LDO), the applicant will be required to provide a 20’ Type “B” buffer in accordance with the LDO. The applicant is not requesting any reductions to the buffer requirements at this time.

G. Streetscape: According to Chapter 7.2.4 (LDO), the applicant will be required to provide a minimum 50’ Type “A” buffer along thoroughfares, which includes Yates Store Road.

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 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:

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. 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.

*** Wake County does not provide multipliers for individual grades. The projected range for additional high school students is for both Panther Creek and Green Hope High Schools.

Ordinance for Consideration

07-REZ-04 Wrenn Property Conditional Use Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 18.73 ACRES LOCATED AT 1504 YATES STORE ROAD OWNED BY DAVID A. & DEANA C. WRENN FROM RESIDENTIAL-40 (R-40) 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:

Section 2:  That this Property is rezoned from Residential-40 (R-40) to Residential-12 Conditional Use (R-12 CU) 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:  The project shall be limited to a maximum of 38 single-family lots.  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:  July 26, 2007