Town of Cary, North Carolina

Rezoning Staff Report to the Town Council  

07-REZ-17 KOPPERS DEVELOPMENT

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 12.79 acres located at 6514 Koppers Rd. from Residential 40 (R40) to Transitional Residential Conditional Use (TR CU).  There is an associated request for a Comprehensive Plan Amendment currently under review (07-CPA-08).

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 August 23, 2007, 11 property owners within 400 feet of the subject property were notified by mail of the rezoning request.  The property was posted and advertised according to LDO requirements.

The applicant has submitted the following voluntary zoning condition:

1.       Development of this site shall be limited to a maximum of 37 single family detached dwelling units.

Changes since Public Hearing

Town Council approved the associated Comprehensive Plan Amendment on November 8, 2007. The Land Use Designation was changed from Medium Density to Low Density Residential.

Wake County School’s enrollment data (included below) was updated to reflect the most current statistics.

Feedback at Public Hearing

Staff presented the case and reported there was a valid protest petition from adjacent property owners who were concerned about how the future extension of McCrimmon Parkway would impact their property.

Staff reported that there was no opposition voiced regarding the proposed land use, but that the adjacent owners wanted an opportunity to express their concerns about the road improvement responsibilities.

Council asked if the proposed rezoning would impact the Town’s plans for the alignment of McCrimmon Parkway. Tim Bailey from Engineering reported that the exact alignment was not determined.  Based on the current Comprehensive Transportation Plan, the proposed location of the McCrimmon Parkway extension would have some impact on the subject property, but the majority of the road extension would be located north of the subject property. Exact road alignment and profiles would be addressed at the time site plan review and would take a number of factors into consideration such as topography, wetlands, stream buffers and alignment to existing origination and termination points. 

The applicant assured Council that they were aware of the road improvement requirements mandated by the Land Development Ordinance.

Two Council Members asked if the applicant’s intention was to cluster the future development.  The applicant stated this was not their intention. They added that the requested Transitional Residential Zoning allowed for 6,000 square foot lots and flexibility in setbacks, therefore the proposed development would not need to cluster the arrangement to meet Cary’s Ordinance standards.

Feedback at the Planning and Zoning Board Meeting

The Planning and Zoning Board confirmed that discussions regarding the extension of McCrimmon Parkway were premature since an exact alignment was not known at this time.  Staff advised that the applicant would be required to provide plans for a functional road alignment at the time of site plan review.  The Board asked if staff had been working with Mr. and Mrs. Maynard, the citizens who filed the protest petition.  Staff reported that the Maynard’s attorney had contacted staff and asked that the citizen be notified when a site plan for the subject property was submitted.  Staff explained that sending notification of site and subdivision plans to property owners within 400 feet of a development plan was a standard procedure.  Following the meeting, staff contacted the attorney for Mr. and Mrs. Maynard and advised that although the case would not have additional public hearings, they would  have an opportunity to speak to this issue during the Public Speaks Out portion of the Town Council Meeting on December 13, 2007, or at future Town Council meetings, if they chose to.

Planning and Zoning Board Recommendation

The Planning and Zoning Board recommended the request unanimously for approval.

Summary

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

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request does not conform to the adopted Land Use Plan. The current Land Use Plan designation for the subject parcel is Medium Density Residential (MDR) on approximately two-thirds of the parcel and Low Density Residential (LDR) on approximately one-third of the parcel.  The applicant is requesting that the Land Use Plan designation be changed so that the entire parcel is designated Low Density Residential (LDR).  A Comprehensive Plan Amendment case, 07-CPA-08, is also scheduled for Town Council Public Hearing August 23, 2007. If Town Council approves the proposed Comprehensive Plan Amendment, the requested rezoning will be consistent with the adopted Comprehensive Plan.

B.  Growth Management Plan: 
Growth Management Plan includes the following Guiding Principle which is relevant to this case:

§         Guiding Principle L1.  Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service area extensions. 

C.  Affordable Housing Plan:  The Town of Cary has an adopted Affordable Housing Plan; applicable goals from this plan include:

1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning 80% of area median income of $71,600, adjusted for family size (2006 HUD Data).
3. Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons.
4. Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, rehabilitation of existing housing, homeownership training, and marketing of assistance programs.
5. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

D.  Comprehensive Transportation Plan:  
Koppers Rd.

Existing Section: 60’ ROW, 2-lanes

Future Section:  100’ ROW, 4-lane median divided

Road Improvements:  None scheduled

Sidewalks Requirements: Required on both sides

Bicycle Requirements: 14’ wide outside lanes required

Transit Requirements:  None

Traffic Analysis: 

A traffic study was conducted by MAB (07-TAR-255).  The following mitigations are identified in the traffic study analysis:

• Widen the section of Koppers/Future Louis Stephens Drive along the frontage of the proposed development to half of the cross-section as typically required by the Town of Cary.  Right-of-way should be dedicated to allow for future Louis Stephens realignment in the southeast corner of the property.
• The southbound 14-foot outer lane constructed along the frontage may temporarily be striped as a right turn lane until the full four-lane divided Louis Stephens Drive is constructed to the north and south of the project.
• The access should be striped to provide one ingress lane and one right turn only egress lane.  A “pork chop” should be constructed to allow for this channelization along with a median to restrict access.  The details of this right-in, right-out access will be finalized at site plan.

These traffic study comments are draft comments and Staff reserves the right to revise these comments in the future to address additional transportation related concerns.

E.  Parks & Greenways Master Plan:  Greenways Map
In accordance with the approved Parks, Recreation and Cultural Resources Facilities Master Plan, staff requests Developer convey a conservation easement to the Town over the average 200’ width buffer along the west side of the Kit Creek tributary located on the western end of the site, with said conservation easement allowing for construction of a public greenway trail.  The extended width buffer around the Kit Creek tributary is identified and called for as part of the approved Northwest Area Plan.  A recreation payment-in-lieu may be required for any residential development in accordance with the Land Development Ordinance.  Developer to receive credit against any required payment-in-lieu for the length of a 30’ wide greenway easement which will be contained within the conservation easement area.  These comments were reviewed and approved by the Greenways Committee at its October 2007 meeting and by the Parks, Recreation and Cultural Resources Advisory Board at its November 2007 meeting.

F.  Environmental:  
According to the Town of Cary GIS maps, there is a 100’ river buffer impacting this site that straddles the property line of the subject property and its neighbor to the West. Two other 50’ river buffers impact this site with one buffer originating at the West side of the property and moving inward toward the center of the property, and the other running along the southeast corner. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process and field determination of buffers will be required.

G.  Buffers: 
According to Chapter 7 of the Land Development Ordinance at the time of site plan, a 30’ Type B buffer will be required between the subject property and all surrounding properties.

H. Streetscape:  
According to Chapter 7 of the Land Development Ordinance, a 50’ streetscape along Koppers Road will be 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 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:

* If CPA 07-CPA-08 is approved, the maximum density may not exceed 3 units per acre.

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;

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 2007-1008 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 middle school and high school students is for East Cary Middle Site, West Cary Middle, and Green Hope High Schools.

Applicant’s Justification Statement Submitted June 28, 2007

The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition:

1. Any issues with the size of the tract? The size of the tract is conducive to the use being proposed.
2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The Comprehensive Plan designates the property for medium density residential. The proposed density for the rezoning is medium density residential.
3. What are the benefits and detriments to the owner, neighbors and the community? The proposed TR/CU zoning is compatible with the residential development in the area, Single-family lots are proposed. The regulations in the LDO will adequately protect adjacent property owners.
4. How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to the uses currently present on adjacent tracts? Other projects in the area of the proposed rezoning have been developed and/or approved for the same type of residential development proposed. 

Ordinance for Consideration

07-REZ-17 Koppers Development

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 12.79 ACRES LOCATED ALONG MCCRIMMON PARKWAY OWNED BY GAYLE MAYNARD PARTIN FROM RESIDENTIAL (R-40) TO TRANSITIONAL RESIDENTIAL CONDITIONAL USE. (TR 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 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, polices and guidelines.

Section 3:  The condition mutually approved by the Town and the applicant for promoting public health, safety and the general welfare is:

1. Development of this site shall be limited to a maximum of 37 single family detached dwelling units.

This condition addresses 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: December 13, 2007