Town of Cary, North Carolina

Rezoning Datasheet

07-REZ-21

Weldon Ridge 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 47.7 acres located southwest of the New Hope Church Road and Yates Store Road intersection, in Chatham County, from Weldon Ridge Planned Development District (PDD) to Weldon Ridge PDD Amendment to permit the conversion of a portion of the approved school/church site to single-family residential.

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

*The date of this meeting will be determined after the P&Z Board recommendation.  If a unanimous recommendation is made, it will go to the first meeting of the month on consent; if not on consent, it will go to the second meeting. Furthermore, if the case has a valid protest petition, it will go to the second meeting of the month as a discussion item, even if there is a unanimous recommendation for approval.

The applicant has submitted the following proposed zoning conditions: The applicant is not proposing any conditions outside the existing PDD document.

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request conforms to the adopted Land Use Plan.  The Town’s Comprehensive Plan land use designation for this site is Low Density Residential (LDR), which is defined as 1 to 3 units per acre.  The gross density of the Weldon Ridge PDD conforms to the definition of Low Density Residential (LDR).

B.  Growth Management Plan: 
The Growth Management Plan includes the following three 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.       L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

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

C.  Comprehensive Transportation Plan:  Yates Store Rd.
Existing Section:  Approx. 100’ Right-of-Way, 2-lane road

Future Section:  100’ Right-of-Way, 4-lane median divided road

Road Improvements:  None scheduled

Sidewalks Requirements: Sidewalks on both sides

Bicycle Requirements: 14’ wide outside lanes

Transit Requirements:  None

Traffic Analysis:  This PDD amendment request does not create a 20 trip increase over the original trips analyzed in the 05-TAR-153 (formerly Forest Oaks) which is 1,264 AM trips and 887 PM trips. Staff calculated the new trips to be 550 AM trips and 714 PM trips, assuming a 1200 seat church, 616 SF homes and 98 townhomes.  Therefore, a new traffic study would not be required by our Adequate Public Facilities for Roads Ordinance.

D.  Open Space and Historic Resources Plan: 

Based on the Open Space and Historic Resources Plan (OSHRP) this site was not designated as priority open space.

E.  Parks & Greenways Master Plan:  Greenways Map
The developer has agreed per the previous PDD approval and subsequent amendments, to dedicate park land in accordance with the Land Development Ordinance.  Recreation payment-in-lieu fees in addition to the park land dedication may be required depending on the number of units approved for this site.  The location of private, 8’ wide asphalt trail linkages to the adjacent American Tobacco Trail, dedicated park land and Town of Cary public trail will be addressed at subdivision plan approval.

F.  Environmental:  
According to the Town of Cary GIS maps, there is a stream buffer along the northern property line of the subject and along the southern most part of the southern boundary line of the subject request.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

G.  Buffers: 
According to the Weldon Ridge PDD Amendment, the applicant is proposing to provide a 50’ Type “A” landscape strip along the western portion of the subject request, adjacent to the American Tobacco Trail. Along the eastern property line (Parcel C-1’s western property line), the applicant is proposing a 10’ Type “A” landscape strip and along the northeastern boundary of the subject request, a 30’ Type “A” landscape strip is provided. A stream buffer to the north and south buffers this subject request from a Town Park and Weldon Ridge PDD parcel SF-7, respectively.

H.  Streetscape:  
According to Chapter 7 (LDO), the applicant will be required to provide a 50’ Type “A” buffer along Yates Store Road, which is classified as a thoroughfare.

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 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.

Existing and Requested Zoning District Comparison:

The current Weldon Ridge Planned Development District (PDD) is approved for 60.51 acres dedicated to a school/church complex (S-1) and 9.19 acres approved for 46 detached residential units (SF-6), which is a density of 5.0 dwelling units per acre. The Weldon Ridge PDD amendment proposes to reduce the school/church complex site to approximately 20 acres and increase the SF-6 portion to 47.7 ± acres. The applicant is proposing a maximum of 191 dwelling units in SF-6, with the density in SF-6 of 4 dwelling units per acre. Besides the maximum number of dwelling units and the density of SF-6, the only other proposed change is to reduce the minimum side building setback from 7’ with an aggregate of 15’ to 0’ with an aggregate of 15’. In regards to the proposed changes to the school/church complex, the minimum landscape strip along the American Tobacco Trail (ATT) requirement has been removed since the church/school site no longer is adjacent to the ATT.  Also, the maximum building square feet for the church/school is proposed to be reduced from 240,000 to 120,000 square feet in the PDD amendment.

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 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 subject parcels are within Chatham County. Therefore, any children attending public schools would attend Chatham County schools. The applicant has indicated that the impact on schools should be minimal since the proposed project will be targeted as an “active adult” neighborhood. After contacting the Chatham County School system, information could not be provided as to the permanent seat capacity of the schools, the average percent occupied, or the multipliers to attempt to project the potential additional students. If students lived within the parcels of this subject request, they would attend North Chatham, which serves K-8, and Northwoods High School.

Applicant’s Justification Statement Submitted (August 30, 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? Please see the 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 Justification Statement.

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

Justification Statement

Site S-1 in the Weldon Ridge PDD was previously approved as a church/school site. This request proposes to reduce the church/school site to approximately 20 acres and develop the remaining 42.15 ± acres as an “active adult” neighborhood. The adjacent residential site SF-6 was originally approved for this type of lot size and housing product but the tract itself is not large enough to establish the necessary character and appropriate identity for the neighborhood; thus the need to expand the tract. Since this proposal is on a site that is within the Weldon Ridge PDD and almost entirely surrounded by land within the PDD, this request is compatible with the Comprehensive Plan and direction established by the previous PDD approvals and area plan guidelines. Schools would appear to be the one area impacted: Chatham County schools will not be overloaded due to the “active adult” concept applied to the housing type. With this transition from the school, traffic in the area has been reduced and a different housing type has been validated by establishing a larger number of units but other benefits and detriments remain as previously approved. The uses allowed with the proposed zoning are the same as those previously approved just in different amounts so relationship to uses on adjacent tracts remain virtually the same. No other modifications are proposed to what was previously approved in the PDD.

Ordinance for Consideration

07-REZ-21

Weldon Ridge Planned Development District (PDD) Amendment

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 47.7 ACRES LOCATED IN CHATHAM COUNTY, SOUTHWEST OF THE NEW HOPE SCHOOL ROAD AND YATES STORE ROAD INTERSECTION, OWNED BY FOREST OAKS INVESTORS, LLC FROM  WELDON RIDGE PLANNED DEVELOPMENT DISTRICT (PDD) TO  WELDON RIDGE 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 Weldon Ridge PDD to Weldon Ridge PDD amendment subject to the individualized development conditions set forth herein and within the Weldon Ridge 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 Weldon Ridge 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:  January 10 or 24, 2008*