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 10 acres, located at 805 Rochelle Road and 1139 Evans Road, from Residential 40 (R40) to Transitional Residential-Conditional Use (TR-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	Jerry Turner and Associates 905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150
Agent	Glenda Toppe
Acreage	10.00 ±
General Location Vicinity Map	Portions of 805 Rochelle Road and 1139 Evans Road
Hearings / Meetings	*Public Hearing* April 07, 2008	*Planning & Zoning* June 16, 2008	*Town Council* July 24, 2008
Land Use Designation Land Use Map	Low Density Residential (LDR)
Town Limits	Both properties are located inside Cary’s ETJ; however, 9.31 acres belonging to Lucy Rochelle and Ludell Rochelle Hatley is not currently within the Town limits.
Annexation	Will be required at the time of site plan approval
Valid Protest	To be determined by the time of public hearing
P&Z Recommendation	To be provided after the Planning and Zoning Board Meeting
Existing Use Zoning Map	Vacant & Single Family Residential
Proposed Use Proposed Zoning Map	Single Family Residential
Final Council Action	To be provided after the Town Council Meeting
Staff Contact	Debra Grannan, Senior Planner Mailing Address: PO Box 8005 Cary, NC 27512 (919) 460-4980 Debra.grannan@townofcary.org

A. Land Use Plan: This rezoning request conforms to the adopted Land Use Plan. As per the Town’s Comprehensive Plan, the land use designation for the subject parcels is Low Density Residential (LDR). Low Density Residential (LDR) development typically describes single family detached housing at 1 to 3 units per acre.

B. Growth Management Plan:
The Growth Management Plan includes the following 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. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

C. Affordable Housing Plan:
Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

1. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

2. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

Traffic Analysis: The current R-40 zoning would generate 11 PM trips. The proposed CU zoning of 3 du/acre would generate would generate 31 PM trips, a 20 trips increase. Under our current LDO of 50 peak hour trips, no traffic study would be required for rezoning or site plan.

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. According to the Open Space and Historic Resources Plan (OSHRP), this site has mixed hardwood and conifer forests on site, and was proposed for conservation as open space.

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.

F. Environmental:
According to the Town of Cary GIS maps, the subject property is impacted by an urban transition buffer. Field determination of the exact buffer location will 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 review process.

G. Buffers:
According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 30’ Type “B” Buffer along the adjacent properties to the south and west of the subject property. This is based on the proposed Class 3 land use for single-family detached dwellings on lots less than 8,000 square feet proposed adjacent to existing Class two land Uses (single family detached lots on lots 8,000 square feet or larger.)

H. Streetscape:
According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 50’ Streetscape along Evans Road. Rochelle Road is a minor collector road, and will not require a Streetscape.

*Density Limit based on proposed zoning condition. Density limit for TR zoning per the Land Development Ordinance is 6 dwelling units per acre.

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;

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**
Northwoods Elementary	607	591	103%	9 - 13
West Cary Middle	1362	1380	99%	2 to 5
Panther Creek High School	1496	1663	90%	3 to 6
Cary High School	1890	2217	85%
Total Projected range of additional students				14 - 24

* 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 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 30 three-bedroom homes could yield 14 additional students, while 30 homes with greater than three bedroom units could yield 24. 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.

Applicant’s Justification Statement Submitted (February 28, 2008) Part 6A:

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) 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? The size of the tract is conducive to the use being proposed

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The Comprehensive Plan designates this tract for low density residential. The proposed rezoning is for low density residential. The conditions of the rezoning ensures low density residential development.

3. What are the benefits and detriments to the owner, neighbors and the community? The proposed rezoning is in conformance with the comprehensive plan. The proposed development will be similar to the surrounding development. The infrastructure is in place to support the proposed development.

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? The allowable uses are compatible with the uses on adjacent tracts.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 10 ACRES LOCATED AT 805 ROCHELLE ROAD AND 1139 EVANS ROAD OWNED BY LUCY A. ROCHELLE & LUDELLE ROCHELLE HATLEY, FROM RESIDENTIAL 40 (R40) TO TRANSITIONAL RESIDENTIAL CONDITIONAL USE (TR-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)
Hatley, Ludelle Rochelle PO Box 492 Cary, NC 27512-0492	0764097829 (portion of)	0099237 (portion of)	0.69 ±
Rochelle, Lucy A Hatley, Ludelle Rochelle 315 Martin Luther King Jr. Blvd Raleigh, NC 27601-2361	0765003280 (portion of)	0060752 (portion of)	9.31 ±
Total Acres			10.00 ±

Section 2: That this Property is rezoned from Residential 40 (R40) to Transitional Residential Conditional Use (TR-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: 1) Maximum density shall be limited to three (3) dwelling units per acre and 2) use shall be limited to single-family detached dwelling units.

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 (TR-CU)
Maximum Gross Density (du/ac)	1.08	3 *
Minimum Lot Size (square feet)	40,000	6,000
Minimum Width at Building Line	150’ with septic tank/well (160’ for corner lots) 125’ with public sewer (135’ for corner lots)	60’
Side Yard Setback	20’ with septic tank/well) 15’ with public sewer	16’ total; only one required
Front Setback	From thoroughfare: 50’ From collector: 30’ From other streets: 20’	From thoroughfare: 50’ From collector: 30’ From other streets: the width of the roadway and rear setbacks combined shall equal at least 40’
Rear Yard Setback	30’	The width of the roadway and rear setbacks combined shall equal at least 40’
Maximum Building Height	35’	35’


Harold Weinbrecht, Jr. Mayor		Date