Town of Cary, North Carolina

Rezoning Staff Report to the Planning and Zoning Board

08-REZ-01 Kodavanti Property

Request

The Town of Cary is establishing initial zoning on this property by amending the official zoning map of the Town of Cary for approximately 2.51 acres, located at 6905 Jenks Road and 711 Trelawney Lane, from Residential-40 Wake County (R-40 W) to Residential-40 (R-40).

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 April 8, 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 April 9 and 16, 2008.

Feedback at the Town Council Public Hearing:  Two citizens spoke at the public hearing voicing concerns that the parcels might be developed commercially. Council asked if the wells on these parcels were failing. The citizens who spoke stated that the property owners were having issues with the wells on site for these 2 parcels. Council members inquired if these parcels could be developed commercially. Staff stated that the parcels are only having initial zoning established, which would prohibit commercial development and a rezoning and Comprehensive Plan Amendment would be necessary to allow for commercial development.

Changes Since the Town Council Public Hearing:  None

summary

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest. The requested initial zoning of Residential-40 (R-40) is compatible with the Wake County Residential-40 (R-40 W) zoning district.

The applicant has submitted the following proposed zoning conditions: None

Consistency with the Comprehensive Plan

A. Land Use Plan:  The governing element of the Comprehensive Plan for the subject site is the Southwest Area Plan.  The long-range land use recommendations differ for each of the two parcels.  The larger parcel of 1.84 acres (711 Trelawney Lane) is recommended for Very Low Density Residential uses (single family housing on lots of 1 acre or more), and thus the proposed zoning for this property is consistent with the Land Use Plan. 

The smaller parcel of 0.67 acre (6905 Jenks Road ) is identified as being part of a proposed mixed-use Neighborhood Activity Center (NAC).  The majority and core of the proposed NAC is located on the south side of Jenks Road, in the Town of Apex.  Within the proposed NAC, the 0.67 acre parcel is specifically recommended for either Commercial or Office/ Institutional uses, and Map 1 of the Southwest Area Plan also advises that future development on the site should “...be well-buffered from existing residences” – i.e., from the homes located west of the site on Trelawney Lane.  However, these plan recommendations aren’t applicable to this case, since the case simply involves maintaining two large-lot home sites at very low densities, but under Town zoning instead of County zoning.  Hence, this case can be considered consistent with the Land Use Plan.

B.  Growth Management Plan: 
The Growth Management Plan is not applicable to this case.

C.  Affordable Housing Plan: 
The Affordable Housing Plan is not applicable to this case. 

D.      Comprehensive Transportation Plan:  

Jenks Rd.

Existing Section: Approx. 64’ right-of-way, 2-3 lanes

Future Section: 2-lane with paved median

Road Improvements: None scheduled

Sidewalks Requirements: Sidewalk required on both sides

Bicycle Requirements: 14’ wide outside lanes required

Transit Requirements: None

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. 

F.  Open Space and Historic Resources Plan: 
Neither of the subject parcels include any identified open space or historic resources. 

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 to Staff for 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.

G.  Environmental:  
According to the Town of Cary GIS maps, there is a stream buffer impacting a small portion of the western boundary of the parcels.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

H.  Buffers: 
This rezoning request is to establish an initial Town of Cary zoning district. The Town of Cary proposed zoning district (R-40) is the most compatible to the Wake County zoning designation. At this time, since a use consistent with the current Wake County zoning designation is being proposed, no buffers are required. If the property owners were to submit a subsequent rezoning application to change or intensify the use and a development plan, the buffer requirements would be evaluated at that time in accordance with the LDO.

I.  Streetscape: 
This rezoning request is to establish an initial Town of Cary zoning district. The Town of Cary proposed zoning district (R-40) is the most compatible to the Wake County zoning designation. At this time, since a use consistent with the current Wake County zoning designation is being proposed, no streetscapes are required. If the property owners were to submit a subsequent rezoning application to change or intensify the use and a development plan, the streetscape requirements would be evaluated at that time in accordance with the LDO.

J. Traffic Analysis: 

The existing R-40 Wake zoning would generate 3 peak hour trips and the proposed R-40 zoning would generate 3 peak hour trips. Currently, our threshold is 50 peak hour trips to require a traffic study.  Therefore, no traffic study is required.

Existing and Requested Zoning District Comparison:

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; 

6.             The proposed zoning classification is suitable for the subject property;

Ordinance for Consideration

08-REZ-01 Kodavanti Property

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 2.51 ACRES LOCATED AT 6905 JENKS ROAD AND 711 TRELAWNEY LANE OWNED BY PRASADA R. & URMILA P. KODAVANTI  AND P&P BALAJI INVESTMENTS, INC. BY REZONING FROM RESIDENTIAL-40 WAKE COUNTY (R-40 W) TO RESIDENTIAL-40 (R-40).

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 Residential-40 (R-40) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3:  This ordinance shall be effective on the date of adoption.

Adopted and effective: June 26, 2008