Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

07-REZ-18 Copperleaf Planned Development District (PDD) Amendment

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 3.99 acres located at 9837 Green Level Church Road, from Residential-40 Wake County (R-40 W) to Copperleaf Planned Development District (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 September 10, 2007, notices were mailed to property owners within 400 feet of the subject property. In addition, notification consistent with NC General Statutes was present in the Cary News on September 12 and 19, 2007.

Feedback at the Town Council Public Hearing: One citizen questioned whether or not this was a satellite annexation issue, and a Council member requested that Staff respond to this inquiry. Staff responded that the subject parcel is contiguous to the town limits. Staff also responded to a Council question regarding whether the proposal was compatible with the original planned development density. Staff responded that the density originally approved in the Copperleaf PDD was remaining the same (1 du/acre) in the PDD amendment request.

Changes since the Town Council Public Hearing:  None

summary

The applicant proposes to add approximately 4 acres and permit an additional 4 detached dwelling units to the SF-1 portion of the previously approved Copperleaf PDD. The proposed amendment would allow a maximum of 141 dwelling units on approximately 141 acres. The overall density is 1 dwelling unit per acre in the approved Copperleaf PDD and the proposed amendment does not increase the overall density.

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that the proposal 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 submitted the following proposed zoning conditions: The applicant is not proposing any conditions except what is contained within the proposed 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 November 19, 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 Meeting:  None

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request conforms to the adopted Land Use Plan. The land use plan designation is Very Low Residential (VLDR) within the Southwest Area Plan which permits 0.5 units per acre.  The proposed density at 1.0 unit per acre for the project is in conformance with those permitted in VLDR land use designation as modified by the Conservation Residential Overlay.  Additional open space will need to be preserved in order to achieve this density.  The applicant has proposed 9.20 acres of primary open space, sufficient to achieve the density bonus.

B.  Growth Management Plan: 
The Growth Management Plan includes the following six (6) Guiding Principles which are relevant to this case: 

1.       R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

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

3.       L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

4.       A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development.

5.       A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.

6.       Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.

C.  Affordable Housing Plan: 
This proposal does not include the provision for any affordable housing.

D.  Comprehensive Transportation Plan: 
Existing Section:  2-lane road, 60’ Right-of-Way

Future Section:  4-lane median-divided rural thoroughfare (Southwest Area Plan)

Road Improvements:  None scheduled

Sidewalks Requirements: N/A

Bicycle Requirements: Included in future rural typical section

Transit Requirements:  None

Traffic Analysis:  A traffic study is not required since this proposal generates less than 20 peak hour trips.

E.  Parks & Greenways Master Plan:  Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to the PDD addition.  A recreation payment-in-lieu will be required for any additional subdivided residential units.  According to the Open Space and Historic Resources Plan (OSHRP) this site was not identified as significant/proposed open space.

Consistency with the Land Development Ordinance

F.  Environmental:  
According to the Town of Cary GIS maps, there is a stream buffer extending north from the southern boundary towards the center of the parcel.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

G.  Buffers: 
Perimeter buffers are not impacted by this PDD amendment, and will be provided in accordance with the requirements of the PDD and LDO.

H.  Streetscape: 
According to Chapter 7(LDO), the applicant will be required to provide a 50’ Streetscape along Green Level Church Road.

Requested Zoning District Information:

The Copperleaf PDD was originally approved for a maximum of 137 dwelling units on approximately 137 acres. Therefore, the overall density was 1 dwelling unit per acre. The proposed Copperleaf PDD amendment meets the overall density of 1 dwelling unit per acre. The applicant proposes to add approximately 4 acres and permit an additional 4 detached dwelling units to the SF-1 portion of the Copperleaf PDD. The proposed amendment would allow a maximum of 141 dwelling units on approximately 141 acres.  The applicant is providing more open space than what is required per the LDO requirement. The LDO only requires a 141 acre PDD to provide 17.67 acres if open space. The current PDD provides 37.41 acres of open space, which is comprised of 8.36 acres of primary open space and the PDD amendment provides an additional 0.84 acres of primary open space bringing the total to 9.20 acres of primary open space and the total amount of overall open space to 37.81 acres. The applicant is not proposing any changes to specific development standards within the SF-1 portion. In SF-1, the PDD requires a 20,000 square feet lot size minimums, minimum 80’ average lot width, 30’ minimum setback to rear wall, 30’ minimum front building setback, minimum 10’ side setback, minimum of 20’ corner side setback, and a minimum 35’ corner side setback along a collector.

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 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;

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 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.

Applicant’s Justification Statement Submitted (July 26, 2007)

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) 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? Please see the attached Justification Statement.

2.  How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? Please see the attached Justification Statement.

3.  What are the benefits and detriments to the owner, neighbors and the community? Please see the attached Justification Statement.

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? Please see the attached Justification Statement.

5.  PDD/new or amended:  What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified?  Applicants must list these items and/or clearly highlight them within the Planned Development document. Please see the attached Justification Statement.

Justification Statement

The Copperleaf PDD currently consists of 137 acres, combining a mix of very low density residential units with a variety of open space. As approved in April 2005, this PDD did not contain a 4 acre tract that is mainly land-locked inside of Copperleaf. This request adds that parcel in an attempt to unify the original Copperleaf PDD into a more continuous parcel. Adding this tract will assure the remainder of improvements to Green Level Church Road, making it consistent with the proposed road widening and streetscape of the current Copperleaf construction. All adjacent property is under ownership by Derby Downs, except for a small stretch of road frontage along Green Level Church Road. A few very low density residential units will be added along with additional open space, keeping the overall PDD in compliance with the density requirements of the Southwest Area Plan. The accompanying document will provide additional explanation of how this rezoning and PDD amendment will comply with the density and open space requirements set forth in the original Copperleaf PDD.

Ordinance for Consideration

07-REZ-18 Copperleaf Planned Development District (PDD) Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.99 ACRES LOCATED AT 9837 GREEN LEVEL CHURCH ROAD OWNED BY DERBY DOWNS, LLC FROM RESIDENTIAL-40 WAKE COUNTY (R-40 W) TO COPPERLEAF PLANNED DEVELOPMENT DISTRICT (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-40 Wake County (R-40 W) to Copperleaf PDD Amendment subject to the individualized development conditions set forth within the Copperleaf PDD amendment, 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 Copperleaf 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:  December 13, 2007