Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

07-REZ-08 Park at Westlake

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 23.78 acres located southwest of the Optimist Farm and West Lake Roads intersection and northwest of the South Cary Water Reclamation Facility from Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W) to Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12).

The Town is proposing initial zoning for this property, which is associated with a citizen-initiated annexation request. The reason for this proposed initial zoning is that the property is currently under Wake County zoning districts (Residential-20 CU and Residential-30).  Upon annexation into the Town, the zoning of the property must be changed to Cary zoning districts (Residential-12, Transitional Residential, and Resource/Recreation).  Because this property is already developed and/or within an existing subdivision approved by Wake County, the proposed R-12, TR and R/R zoning districts are the most comparable to the existing use of the property. 

In 2002, the Council approved the development of the 353 acre parent parcel with Town utilities without annexation and allowed subdivision approval through the Wake County Residential 30 zoning district cluster option.  Due to State law requirements, the Town was unable to accept a citizen-initiated annexation petition because the property was closer to Holly Spring's corporate limits.  In 2003, a Holly Springs/Cary Utility Service Agreement was adopted which allowed this property to be annexed and to establish a compatible Cary zoning district.  The developer of this Wake County subdivision agreed to annex based on subdivision plat boundaries.   

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 July 9, 2007, 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 July 11 and 18, 2007.

Feedback at the Town Council Public Hearing:  No citizens spoke at the public hearing. There were no questions or comments from Council members.

Changes since the Town Council Public Hearing:  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 requested initial zonings of Resource/Recreation (R/R), Transitional Residential (TR), and Residential-12 (R-12) are compatible with the Wake County Residential-20 CUD (R-20 CUD W) and Residential-30 (R-30 W) zoning districts.

The applicant has submitted the following proposed zoning conditions: None

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 August 20, 2007 and voted 9-0 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 Meeting:  None

Consistency with the Comprehensive Plan

A. Land Use Plan:  The Land Use Plan designation is Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster. The property was developed in Wake County under their cluster option, and is therefore consistent with the Land Use Plan.

B. Transportation
Existing Section:  50’ Right-of-way, residential streets

Future Section:  50’ Right-of-way, residential streets

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk on at least one side

Bicycle Requirements: N/A

Transit Requirements:  None

Traffic Analysis:  N/A

C.  Parks & Greenways:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities there are no issues related to this site. According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.

D.  Environmental:   According to the information available to staff, there are no lots platted into the stream buffer.

E.  Buffers:  As provided in accordance with the Wake County Zoning Ordinance.

F.  Streetscape:  As provided in accordance with the Wake County Zoning Ordinance.

Town Council Criteria for Consideration in Reviewing Rezonings:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town 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;

Ordinance for Consideration

07-REZ-08 Park at Westlake Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 23.78 ACRES LOCATED SOUTHWEST OF THE OPTIMIST FARM AND WEST LAKE ROADS INTERSECTION AND NORTHWEST OF THE SOUTH CARY WATER RECLAMATION FACILITY OWNED BY NUNN BETTER CUSTOM HOMES, INC., KERR-SMITH HOMES & LAND, INC., ARMSTRONG CUSTOM HOMES, INC., L & L OF RALEIGH, INC., HEAVENLY HOMES - KEVIN R. SWARTZ, INC., WINSLOW PROPERTIES DEVELOPMENT CO., BRASWELL CONSTRUCTION COMPANY, INC., NANCY & LARRY COE, JR., ROBERT & NATALIE PEROTA, LORRAINE & PATRICK MURRAY, JEFFREY & PAULA REIHL, STEVEN & AMANDA STRAWBRIDGE, TIMOTHY & CHRISTINE OSBORNE, ERIC & ELLEN NIELSEN, JOHN PATTATI, JR. AND KEVIN REINERT HOMES, INC. FROM RESIDENTIAL-20 CONDITIONAL USE WAKE COUNTY (R-20 CU W) AND RESIDENTIAL-30 WAKE COUNTY (R-30 W) TO RESOURCE/RECREATION (R/R), TRANSITIONAL RESIDENTIAL (TR) AND RESIDENTIAL-12 (R-12).

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”):  

* The total acreage does not include the right-of-way. With the right-of-way included, the total acreage is 23.78 ±.

Section 2:  That the Property is rezoned from Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W) to Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.   

Section 3:  This ordinance shall be effective on December 19, 2007.

Adopted: September 27, 2007

Effective: December 19, 2007