Town of Cary

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 6.32 ± acres, located at 1400 Jenks Carpenter Road, from Residential 40 (R40) to Residential 8 Conditional Use (R8CU).

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	Stacey Anfindson AB Properties of NC, LLC 1145 Executive Circle, Suite E Cary, NC 27511
Agent	Stuart Jones Jones, Cnossen & Dolle Engineering PO Box 1062 Apex, NC 27502 s
Acreage	6.32 +/-
General Location Vicinity Map	1400 Jenks Carpenter Road
Hearings / Meetings	*Public Hearing* December 13, 2007	*Planning & Zoning* February 18, 2008	*Town Council* * March 13 or 27, 2008
Land Use Designation Land Use Map	Low Density Residential
Town Limits	Located outside the Town’s corporate limits but inside Cary’s ETJ
Annexation	Will be required at time of site plan
Valid Protest	No
P&Z Recommendation	To be provided after the Planning and Zoning Board Meeting
Existing Use Zoning Map	Residential
Proposed Use Proposed Zoning Map	Residential
Final Council Action	To be provided after Town Council Meeting
Case Manager	Debra Grannan, Senior Planner Town of Cary Planning Department PO Box 8005 Cary NC 27512-8005 (919) 460-4980 debra.grannan@townofcary.org

*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 public hearing of the month on consent; if not on consent, it will go to the second public hearing. Furthermore, if the case has a valid protest petition, it will go to the second public hearing of the month as a discussion item, even if there is a unanimous recommendation for approval.

On November 27, 2007 property owners within 400 feet of the subject property were mailed written notification of the rezoning request. In addition, notification consistent with NC General Statutes was present in the Cary News on November 28, 2007 and December 6, 2007.

Staff presented case and noted that there were no protest petitions. The applicant added that the proposed single family detached use and the associated proposed zoning conditions provided a good transitions to the existing neighborhoods Two property owners who resided on Jenks Carpenter Road spoke against the rezoning and asked that the current Residential 40 zoning remain in place. The property owner immediately adjacent to the site expressed concern about how road connectivity would impact his property and quality of life. Council recommended that the applicant work with this property owner as the plans to develop the property move forward. A resident of the Upchurch Farms subdivision spoke in favor of the proposed change noting that the request was compatible with the Upchurch Farm neighborhood and provided an opportunity for completion of Luke Meadow Lane. He added that improved vehicular and pedestrian access would improve safety and benefit the community.

The applicant has advised Staff that when plans are submitted to the town for review, the road connection will not be located on the adjacent property to the north unless a mutual agreement is reached with that property owner. Their preliminary layout sketches proposed having a road on both the subject property and the adjacent property. Since they have not reached an agreement with the property owner to the north, the full responsibility for road construction will rest on the applicant.

Since it is a thoroughfare, the Staff Report was revised to note that a 50’ opaque streetscape is required along Jenks Carpenter Road.

A. Land Use Plan: This rezoning request conforms to the adopted Land Use Plan that designates this property as Low Density Residential (LDR).

B. Growth Management Plan:
The Growth Management Plan includes the following four Guiding Principles which are relevant to this case:

Based upon the proposed use and rezoning request, the Affordable Housing Plan is not applicable.

Traffic Analysis: Under the current R-40 zoning, using single family homes (LU Code 210), the site would generate 6.4 PM peak hour trips. Under the proposed R8CU with 2 DU/acre, the site would generate 12.8 PM peak hour trips. The proposed change does not generate an additional 20 trips and therefore a TIA is not required at rezoning.

E. Parks & Greenways Master Plan: Greenways Map
PRCR requests that developer work with the Town to construct a 10’ wide asphalt trail connection between Upchurch Farm Lane and the White Oak Greenway at its intersection with Jenks Carpenter Road during site plan review. The trail will be located along the north side of the creek with approximate length of 920 feet. 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 Greenways Committee at its January 2008 meeting and by the Parks, Recreation and Cultural Resources Advisory Board at its February 2008 meeting.

F. Environmental:
According to the Town of Cary GIS maps, almost one third of the site is impacted by stream buffers. Verification of these buffers and their precise locations would be required at the time of site plan review. 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 Chapter 7 of the LDO, the applicant will be required to provide a 20- foot wide landscape area between the subject property and adjacent residential properties that are greater than 8,000 square feet. In areas where adjacent residential properties have lots less than 8,000 square feet, the subject property will be required to provide half of a 30’ Type “B” buffer.

I. Streetscape:
According to Chapter 7 of the LDO, the applicant will be required to provide a 50’ opaque streetscape along Jenks Carpenter Road.

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.

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*
Davis Drive Elementary	1035	920	113%	8 to 12
Davis Drive Middle	1210	1084	112%	2 to 4
Green Hope High School	2085	1843	111%	2 to 5
Total Projected range of additional students				12 to 21

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 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. For example a site with three-bedroom homes could yield 12 additional students, while 27 homes with more than three bedrooms could yield 21. 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 are provided by the applicant (shown below in italics) 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:

The parcel is of adequate size and dimension to support a small residential subdivision.

The proposed zoning is compatible with the comprehensive plan by supporting low density residential options

One benefit to the neighbors and community will be the connection of Luke Meadow lane to Jenks Carpenter Road. This connection will provide enhanced public facilities through improved fire and police access, waterline connection and sidewalk extension.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 6.32 ACRES LOCATED ALONG JENKS CARPENTER ROAD OWNED BY JB PROPERTIES OF NC, LLC FROM RESIDENTIAL 40 TO RESIDENTIAL 8 CONDITIONAL USE.

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
Stacey Anfindson	0743179924	0038941	6.32±
Total Acres			6.32±

Section 2: That this Property is rezoned from Residential 40 to Residential 8 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 conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are:

3. The following uses are prohibited: Boarding House, Cemetery, Day Care Center, governmental office, Public safety station, public utility facility, utility facility (major), Utility substation (minor)

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.

District Regulations	Existing Zoning (R40)	Requested Zoning (R8 CU)
Maximum Gross Density (du/ac)	1.06	2
Minimum Lot Size	40,000 square feet	10,000 square feet *
Minimum Width	150’ with septic tank 125’ with public sewer	60’ (70’ for corner lot)
Side Yard Setback	20’ with septic tank 15’ with public sewer	10’
Front Yard Setback	30’ from a collector 20’ all other streets	30’ from a collector 20’ all other streets
Rear Yard Setback	30’	20’
Maximum Building Height	35’	35’


Harold Weinbrect, Jr. Mayor		Date