Town of Cary

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 4.04 acres, located at 8328 and 8324 Henderson Road, from Residential-30 Wake (R-30 W) to Residential-8 Conditional Use (R-8 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.

Applicant	Hector Del Salto, Janeth Pearl, and Raul Del Salto
Agent	Stephanie L. Norris, PE Spaulding & Norris, PA 972 Trinity Road Raleigh, NC 27607
Acreage	4.04 ±
General Location Vicinity Map	Northwest of the Optimist Farm and Henderson Road intersection
Hearings / Meetings	*Public Hearing* March 27, 2008	*Planning & Zoning* April 28, 2008	*Town Council* May 29, 2008
Land Use Designation Land Use Map	Low Density Residential (LDR)
Town Limits	The subject site is located outside of the ETJ.
Annexation	A citizen-initiated annexation petition, 07-A-26, has been submitted by the property owner in conjunction with this rezoning request
Valid Protest	Protest petitions are not applicable to a map amendment (rezoning) that initially zones property that is being added to the Town’s jurisdiction by annexation
P&Z Recommendation	To be provided after the Planning and Zoning Board Meeting
Existing Use Zoning Map	Single-family Residential
Proposed Use Proposed Zoning Map	Single-family Residential
Final Council Action	To be provided after the Town Council Meeting
Staff Contact	Jennifer Currin, Planner II Email: jennifer.currin@townofcary.org Phone: (919) 469-4342 Mailing Address: P.O. Box 8005, Cary, NC 27512

Public Notification:
On March 11, 2008, 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 12 and 19, 2008.

Feedback at the Town Council Public Hearing:
The applicant’s representative, Stephanie Norris, stated the proposed R-8 zoning is compatible with surrounding developments and they are limiting the density. They paid for traffic impact analysis, which showed that no improvements are necessary. They met with neighbors and she understands their concerns to be about compatibility, lot sizes and questions about the locations of the stormwater ponds.

Two citizens raised concerns about the proposed lot sizes along the northern property line, adjacent to the West Lake Subdivision. A citizen, representing the residents on Coriander Court, stated lot sizes on Coriander Court are 12,000 to 15,000 square feet. Concerns about lack of open space were also raised. Council was asked to consider additional conditions to require at least adjacent lots to be Residential-12 and a 20 foot opaque buffer to continue the open space.

Council members encouraged the applicant to work with the adjacent property owners to determine if additional conditions could be added to appease the concerns raised at the public hearing.

Changes since the Town Council Public Hearing: The applicant proposed an additional condition restricting the proposed single-family lots along the northern property line, and adjacent to Phase 2 of West Lake Subdivision, will be a minimum of 12,000 square feet.

2. The proposed single-family lots along the northern property line, and adjacent to Phase 2 of West Lake Subdivision, will be a minimum of 12,000 SF.

As described below in the Consistency with the Comprehensive Plan and Consistency with the Land Development Ordinance sections, Staff has reviewed the application and information provided prior to this meeting, and the analysis by Staff is that the application is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance, and is reasonable and in the public interest.

A. Land Use Plan: The requested zoning for the subject parcels is R-8 Conditional Use. R-8 is a residential single-family zoning district with a minimum lot area of 8,000 square feet and a maximum allowed density of 5.44 units per acre, but the applicant is placing a condition on the zoning that restricts the overall density of the project to three units per acre. The Town-wide Land Use Plan recommends these parcels for low density, single-family residential development at one to three units per acre. This rezoning request conforms to the adopted Land Use Plan.

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

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

C. Affordable Housing Plan:
Based upon the proposed use, the Affordable Plan is not applicable.

Traffic Analysis: A traffic study (07-TAR-265) was prepared by Sepi which analyzed 12 single family homes which met our previous threshold density requirement for a traffic study. It was determined that no on or off-site mitigations are required of this development to meet our Adequate Public Facilities Ordinance.

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 this site. A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance. These comments were reviewed and approved by the Parks, Recreation and Cultural Resources Advisory Board at its March 2008 meeting. According to the Open Space and Historic Resources Plan (OSHRP) there are no issues related to this site.

F. Environmental:
According to the Town of Cary GIS maps, there are no stream buffers impacting the subject parcels. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the subdivision or site plan approval process.

G. Buffers:
Along Henderson Road, a 20’ Type B buffer will be required along the southern half of the eastern property line. This applicant will be responsible for half of this buffer. According to Chapter 7 (LDO), a 20’ Type B buffer is required along the northern boundary of the subject parcels, adjacent to the West Lake PDD. A 20’ Type B buffer was included in the West Lake PDD, therefore the required perimeter buffer to the north is already provided. A 20’ Type B buffer is also required to the south and west shared between the two residential developments.

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

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided for Staff to review. 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.

Planning and zoning board Criteria for Consideration in Reviewing Rezonings:

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;

The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.

School Information
Assigned Schools	20^th Day Enrollment*	Permanent Seat Capacity	Average Percent Occupied	Projected Range of Additional Students**
West Lake Elementary	1031	928	111%	4-5
West Lake Middle	1362	1380	99%	1-2
Middle Creek High	1781	2053	87%	1-3
Total Projected range of additional students				6-10

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 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.

The following statements (shown below in italics) are provided by the applicant in response to the criteria established in the application (shown below in bold) and do 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 total project is comprised of two parcels, which are similar in size and shape. The geometry of the tract will allow for an efficient layout and use of the property while meeting the intent of the R-8 (Conditional Use) requirements of the Land Development Ordinance and the Comprehensive Land Use Plan. However, the uniformity of the geometry and the size of the tract does limit the creativity of the layout. Further, the proposed zoning of R-8 (Conditional Use) will be similar to the zoning and use of the adjacent parcels. Therefore, there are no prevalent issues with the size of the tract.

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The proposed zoning of the new parcel to the R-8 (Conditional Use) designation will result in an overall density of approximately 2.97 units per acre, which is consistent with the Low-Density Residential use in the Town’s Comprehensive Land Use Plan for this area. Vehicular access to the property will be provided from Henderson Road to the east. Due to the size of the proposed development and the existing infrastructure, the Town’s traffic report indicates that no offsite improvements will be required. Sufficient Open Space is planned to fully meet the requirements of the LDO. The size of the parcel does not warrant the need for greenway easements or trails through the property. However, a sidewalk within the public street right-of-way will be provided for pedestrian circulation. Finally, there are no Historic Resources designated for this site.

3. What are the benefits and detriments to the owner, neighbors and the community? The proposed zoning is similar in character to the adjoining neighborhoods. The proximity of the existing schools provides the ability for residents to walk from the subdivision.

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? Based on the proposed zoning of R-8 (Conditional Use), the project will be a detached single-family development. The homes will be a similar size and price-point as the single-family homes currently under construction in the area. The proposed density is consistent with the existing subdivisions adjacent to the project and falls within the LDR designation of the Comprehensive Land Use Plan.

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 with the Planned Development document. The Del Salto property is surrounded by West Lake PDD on three sides (north, west and south). Since the West Lake PDD was approved prior to this rezoning request, the 20’ perimeter buffers will be provided as part of the West Lake development and will not be required fro the Del Salto development. The Del Salto development will dedicate a minimum of 5% of the property area for Open Space to the homeowners association that will be established for the project. There are no requested reductions or modifications to the R-8 (Conditional Use) zoning standards outlined in the LDO.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY FOR APPROXIMATELY 4.04 ACRES LOCATED AT 8328 AND 8324 HENDERSON ROAD OWNED BY HECTOR DEL SALTO, JANETH PEARL AND RAUL DEL SALTO FROM RESIDENTIAL-30 WAKE (R-30 W) TO RESIDENTIAL-8 CONDITIONAL USE (R-8 CU).

Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s) (10 digit)	Real Estate ID(s)	Area ± (Acres)
Hector Del Salto and Janeth Pearl 113 Cooper Hill Drive Cary, NC 27518	0679374281	0197505	2.02 ±
Janeth Pearl Del Salto and Raul Del Salto 2861 US 401 South Lillington, NC 27546	0679375031	0086516	2.02 ±
Total Acres			4.04 ±

Section 2: That these Properties are rezoned from Residential-30 Wake (R-30 W) to Residential-8 Conditional Use (R-8 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:

2. The proposed single-family lots along the northern property line, and adjacent to Phase 2 of West Lake Subdivision, will be a minimum of 12,000 SF.

These conditions address conformance of the development and use of the Properties to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Properties.

District Regulations	Existing Zoning (R-30 Wake County)	Requested Zoning (R-8 CU)
Maximum Gross Density (du/ac)	1.45	3.0
Minimum Lot Size	30,000 sq. ft.	Along northern property line, adjacent to the West Lake Subdivision: 12,000 sq. ft. All other: 8,000 sq. ft.
Minimum Width at Building Line	95’	60’ (70’ for corner lot)
Side Yard Setback	10’	10’
Roadway Setback	30’ (Front and corner)	From thoroughfare: 50’ From collector: 30’ From other: 20’
Rear Yard Setback	30’	20’
Maximum Building Height	35’	35’


Harold Weinbrecht, Jr. Mayor		Date