Town of Cary, North Carolina
Rezoning Staff Report to the Town Council
08-REZ-01 Kodavanti Property

Request

This request is for the Cary Town Council to amend the official zoning map for the Town of Cary by establishing initial base zoning of approximately 2.51 acres, located at 6905 Jenks Road and 711 Trelawney Lane, from Residential 40 Wake County (R-40W) to Residential 40 (R-40).

The Town of Cary is required to apply base zoning to all property annexed into the Town’s corporate limits and located outside Cary’s ETJ. This subject property is currently located outside Cary’s ETJ, but within Cary’s Urban Service Area. There is a citizen-initiated annexation petition (07-A-30) associated with this case. 

The Proposed R-40 zoning district is the most compatible to the existing Wake County zoning designation.

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, (R-40) which would prohibit commercial development.  A rezoning and Comprehensive Plan Amendment would be necessary for a portion of the property to allow for commercial development.

The applicant has submitted the following proposed zoning conditions: None

Feedback at the Planning and Zoning Board Meeting

Much of the discussion at the Planning and Zoning Board meeting focused on debating the appropriateness of annexation of the subject property.  Concern was expressed by several board members regarding the Town’s ability to provide emergency services and related to the cost of extending sewer services to the subject property. Staff was directed to evaluate these concerns.  There was no debate regarding the proposed zoning designation or land use.

Staff Response to Planning and Zoning Board Comments/Concerns

The Fire and Police Departments advised staff that they did not anticipate any problems in providing emergency services to the subject property.  The Solid Waste Management Division of Public Works and Utilities also did not anticipate any issues with recycling or trash removal.

In regard to questions related to fire safety and hydrant location, there is an existing fire hydrant at the intersection of NC 55 HWY and Old Jenks Road approximately 300 feet from the subject property.  Town of Cary standards and specifications require a minimum of 700 feet between hydrants in residential settings.

The Planning and Zoning Board asked if the Town of Cary would be responsible to “rescue” the property in question if the existing septic system failed. Even with property that has been annexed into the Town of Cary corporate limits, the Town is not obligated to rescue a failed septic system.  When such situations occur, the owner is responsible for finding a solution should a problem arise.  As with all Cary residents, staff support their efforts to find a solution, but evaluates each situation on a case by case basis.

Policy statement 104, Annexation Policy, states;

A.       All requests for contiguous or satellite annexations may be deemed appropriate provided the following standards are used in
          review:

1.         The site has access to Town of Cary utilities, or

2.         A development plan has been approved which will extend utilities to the site.

3.         If a site has access to only one utility, then the Town will have the option of adopting an ordinance of annexation with
           conditions requiring the property owner to pay all applicable fees and connect to the other utility within ninety (90) days
           of the date when it becomes adjacent to the site.

Item 3 clearly notes that property owners will pay fees and connect within ninety (90) days of the date when the utility becomes adjacent to the site.

The Town of Cary is responsible to ensure that we have a plan to extend services to areas proposed to be annexed and we provide this plan with our overall Master Utility Plan.

Policy Statement 23, Water and Wastewater System Extension and Connection Policy, allows eligible property owners to request utility extension by submitting a petition to the Town Manger.  If the petition is deemed to be complete, with all required supporting documentation, The Town Manager shall have the option of ordering the utilities installed, requesting additions or modifications to the service area, rejecting the request, or submitting the request to Council for further deliberation.  The Town is not obligated to extend these services just because the property has been annexed.

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 May 19, 2008 and voted 8 to 1 to forward this case to the Town Council with a recommendation for approval because the proposed amendment is consistent with the Comprehensive Plan and is reasonable and in the public interest as indicated on the staff report. The reason for the dissenting vote was to ensure the concerns raised by the Planning and Zoning Board, as described in this report, were acknowledged and that an opportunity for discussion was provided.

Changes since the Planning and Zoning Board Meeting:

Staff had further discussion with the property owner to confirm their understanding that, based on the zoning being established, only the uses permitted within R-40 districts, such as single-family residential, would be permitted on the subject property.  It was further confirmed with the applicant that any uses not allowed in R-40 zoning would require the property owner to apply for a rezoning and possibly a comprehensive plan amendment depending on the property involved.

Summary

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 it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance, and is reasonable and in the public interest.

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 feet 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-foot 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 includes 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 review process.

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

I.  Streetscape: 
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, or a development plan to change or intensify the use, 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 three peak hour trips and the proposed R-40 zoning would generate three 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:

Town CouniCl Criteria for Consideration in Reviewing Rezonings:

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;

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-40W) 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-40W) 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