Town of Cary
North Carolina

Rezoning

18-REZ-09 Batchelor Road Assemblage

Information

Department:Planning and Development ServicesSponsors:
Category:Rezoning

Speaker: Debra Grannan, Planning

 

Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 118.62 acres, located about 2,000 feet north of Green Level West Road, generally between the American Tobacco Trail and the Chatham County/Wake County boundary.  The property is currently zoned: Wake County Residential 40 Watershed (R-40(W)); and Residential 40 Conditional Use (TR-CU) and Watershed Protection Overlay District (Jordan Lake sub-district).  The proposed zoning district is Transitional Residential Conditional Use with zoning conditions that include limiting land use to age-restricted detached dwellings and townhomes with a maximum density of 3.0 dwelling units per acre.

 

An annexation petition (18-A-09) has been submitted for the portion of the subject property currently outside of the Town’s jurisdiction. 

 

Recommendation: That Council conduct a public hearing on the proposed rezoning request and forward to the Planning and Zoning Board. Staff will provide a recommendation on the rezoning request when the case is brought back to Council for action.

 

Planning and Zoning Board Recommendation: The recommendation will be provided to Town Council following the P&Z Board meeting.

 

Body

NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site.  Technical design standards of the Land Development Ordinance are addressed during review of the development plan.

 

Click on the map to see surrounding development activity.

 

SUBJECT PARCELS

 

 

Property Owner

County Parcel Numbers (PIN)
(10-digit)

Real Estate IDs (REID)

Address

Existing Zoning

Acreage

Bhaskar Venepalli

Ganesh Kristipati

Ashok Biyyala

Madhukar Sama

My Home Realty Inc.

 

0724100102

0047494

4309 Pine Rail Lane

R40-CU

11.19

0723095533

0118399

1304 Batchelor Road

R40-CU

9.84

Shadow Creek NC LLC

0713999589

0435438

0 Batchelor Road

R40-CU

15.84

Kathleen W. Batchelor

Gladys B. Logan

Grady Lee Batchelor

0723181768

0004943

0 Batchelor Road

Wake Co.

R-40(W)

50.17

Gladys B. Logan

Steve Douglas Logan

0723085111

0427479

1220 Batchelor Road

Wake Co.

R-40(W)

1.94

Linda C. Jacobs

0723194404

0143550

4312 Jacobs Creek Lane

Wake Co.

R-40(W)

8.99

Reddy & Pyreddy LLC

0723291692

0310491

0 Pine Rail Lane

Wake Co.

R-40(W)

10.69

Wilton A. Williams

Sandra H. Williams

0724204109

0107996

4204 Pine Rail Lane

Wake Co.

R-40(W)

4.68

Gerald Ray Harris

Sandra M. Harris

0724207664

0111086

0 White Oak Church Road

Wake Co.

R-40(W)

5.28

Total Area

118.62

 

 

OVERVIEW

 

Location of Subject Properties

Approximately 2,000 feet north of Green Level West Road, generally between the American Tobacco Trail and the Chatham County/Wake County boundary

Schedule

Town Council
Public Hearing

July 26, 2018

Planning & Zoning Board
TBD

Town Council
TBD

Existing Zoning District

Wake County Residential 40 Watershed (R-40(W))

Residential 40 Conditional Use (R-40-CU) and Watershed Protection Overlay District (Jordan Lake Sub-Area)

Existing Zoning Conditions

15-REZ-21  1312 Batchelor Road 

(0 Batchelor Road, PIN 0713999589)

R40-CU approved January 27, 2016

Zoning Conditions:

1.   Land Use shall be limited to detached dwellings, neighborhood recreation, and public or private parks

16-REZ-03  Kadari Property Rezoning

(4309 Pine Rail Lane & 1304 Batchelor Road)

R40-CU approved June 27, 2016

Zoning Conditions:

1.   Land uses shall be limited to detached dwellings.

Proposed Zoning District(s)

Transitional Residential Conditional Use and Watershed Protection Overlay District (Jordan Lake sub-district)

Proposed Zoning Conditions

1.   Uses shall be limited to age-restricted detached dwellings, townhouses and neighborhood recreation.

2.     Townhouses shall be grouped in no more than two (2) dwelling units per “building”.

3.   A Declaration of Covenants, Conditions, and Restrictions (“Declaration”) shall be recorded with the applicable Register of Deeds Office providing that at least eighty percent (80 %) of all occupied units shall have as a resident at least one person of age 55 or older (“age restriction”).  Prior to applying for any building permits, an opinion letter from an attorney licensed to practice in North Carolina shall be provided to the Town, stating that the age restriction was drafted in a form that the attorney, in the exercise of customary professional diligence, would reasonably recognize as compliant with the Fair Housing Act 42 U.S.C. Sec. 3602, et. seq., and the North Carolina State Fair Housing Act N.C. Gen. Stat. 41A-1, et. seq.

4.   No greater than 20% of the units shall be townhouses.

5.   The density shall be a maximum of 3.0 dwelling units per acre.

6.   East of the Wimberly Road thoroughfare extension, there shall be no townhouses and the lot size shall be a minimum of 7,000 square feet.

7.   The Community Gathering Space shall be a minimum of 10,000 square feet.

8.   The Neighborhood Recreation Site shall be a minimum of three (3) acres and will include but not be limited to a clubhouse and swimming pool.

Town Limits

A portion of the subject property is located outside the corporate limits and the Town of Cary ETJ.  An owner-initiated annexation petition for those parcels,18-A-09 was submitted by the property owners in conjunction with this rezoning request.

Staff Contact

Debra Grannan

919 460-4980

debra.grannan@townofcary.org

Applicant 

Galaxy NC LLC

Shadow Creek NC LLC

Applicant’s Contact

Glenda Toppe

Glenda S. Toppe & Associates

(919) 605-7390

glenda@gtsplanning.com

 

sUMMARY OF REQUEST


The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 118.62 acres, located about 2,000 feet north of Green Level West Road, generally between the American Tobacco Trail and the Chatham County/Wake County boundary.  The property is currently zoned: Wake County Residential 40 Watershed (R-40(W)); and Residential 40 Conditional Use (TR-CU) and Watershed Protection Overlay District (Jordan Lake sub-district).  The proposed zoning district is Transitional Residential Conditional Use with zoning conditions that include limiting land use to age-restricted detached dwellings and townhomes with a maximum density of 3.0 dwelling units per acre.

 

sUMMARY OF Process and Actions to Date

 

Notification
Notice of the public hearing on the proposed rezoning was mailed to property owners within 800 feet of the subject property, published on the Town’s website and posted on the subject property.

 

Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on June 6, 2018. According to the information submitted by the applicant, approximately 30 nearby property owners attended the meeting. Questions and concerns expressed at the meeting included access and connectivity, density, and enforcement of age restriction.  These concerns are summarized in the attached meeting minutes submitted by the applicant.

 

Attached are the applicant’s responses to the justification questions contained in the application form. Please note that these statements are that of the applicant and do not necessarily represent the views or opinions of the Town of Cary.

 

site characteristics and context

 

 

cary community plan conformance and analysis

 

Attached is a complete listing of each policy statement in the 2040 Imagine Cary Community Plan. Based on staff review and analysis of the descriptions and detailed intent of all the Plan’s policies, staff has identified policies applicable to this case and has provided an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.

 

LIVE Policies

The Town’s LIVE policies respond to the housing challenges and opportunities facing Cary by:

§         Providing a variety of housing choices

§         Meeting new household needs

§         Maintaining high quality established neighborhoods

Applicable Policies

·         Maintain Neighborhood Character (Policy 1)

·         Provide More Housing Choices for All Residents (Policy 2)

·         Provide for More Housing Options in New Neighborhoods (Policy 3)

 

Staff Observations

§         Conformance with Policy 2, Provide More Housing Choices for All Residents.  This policy encourages the provision of an adequate mix of housing types in Cary, for our growing diversity of household types, sizes, and incomes, including singles, couples, families with children, and seniors.  Because the applicant has proposed a zoning condition to age-restrict the zoning, the mix of small-lot detached houses and townhouses may help provide housing for seniors but does not further Cary’s overall housing diversity for all citizens.

§         Conformance with Policy 3, Provide for More Housing Options in New Neighborhoods.  This policy focuses on providing a mix of housing types, sizes, and price points within emerging neighborhoods in Cary’s growth areas, to provide options for families to move between housing types within a neighborhood during the family’s life cycle. Since the rezoning proposal includes two different housing types, that could help to advance this policy.  

 

 

engage Policies

Parks Recreation and Cultural Resources Master Plan Goals

Maintain a diverse and balanced park and open space system as the Town of Cary grows. (Goal 1)

Provide Cary citizens with a highly functional, safe, well-maintained greenway network that provides recreation, transportation, and education opportunities and wildlife benefits. (Goal 2)

Incorporate best management and planning practices to ensure quality services and efficient use of resources. (Goal 9)

 

According to the Parks, Recreation and Cultural Resources Facilities Master Plan there is a proposed Greenway Trail approximately ¼ mile north of the subject property.

 

 

Historic Preservation Master Plan Goals

Preserve, Protect and Maintain Cary’s Historic Resources (Goal 2)

Preserve Historic Contexts (Goal 3)

 

There are no documented historic resources on the subject site.

 

shape Policies

The Town’s SHAPE policies guide future growth by:

§         Supporting the Town’s economic development efforts

§         Efficiently using existing and planned infrastructure

§         Ensuring the Town’s fiscal health

§         Maintaining the high quality of development found today

Applicable policies: 

§         Provide Appropriate Transitions Between Land Uses (Policy 6)

 

Staff Observations:

The subject property is currently surrounded by rural home sites ranging in size from one to 9 acres.  The LDO requires a perimeter buffer of 30 to 40 feet adjacent to these parcels depending on whether detached dwellings or townhomes are built.  Townhomes and small lots could form an abrupt transition to neighboring lots.

 

Along a portion of the southern boundary, the site abuts property which is the subject of a separate rezoning request (18-REZ-01 Green Level West).   This adjacent property is also proposed for TR zoning and if approved, would allow for the development of small lots and townhomes. 

 

The map below is the Future Growth Framework Map for the Green Level SPA. 

 

The subject properties are with the area shaded as “Neighborhoods West of Flat Branch,” subject to Map Note #3.  The blue star indicates the site location.

 

The subject site is in the area designated as Neighborhoods West of Flat Branch.  This area continues the gradual downward transition in density moving west from NC 540 towards the Chatham County Line.  The SPA recommends the following for these neighborhoods: 

§      New development should be shielded from view from thoroughfares and the American Tobacco Trail.

§      New development should use design features that harken back to the historic rural character of Green Level.

§      Thoroughfare and collectors should have streetscape buffers that are more rural in character than the formal streetscapes found elsewhere in Cary.

§      At buildout, the aggregate density of the Neighborhoods West of Flat Branch should not exceed about 2.5 dwellings per acre.

§      Single family detached housing should predominate, with lot sizes generally about a quarter acre or larger in conventional subdivisions, with smaller lot sizes possible in clustered subdivisions that preserve ample open space (see Plan page 205).

§      Pockets or occasional mixes of other housing types, such as small-lot single family, patio homes, or townhomes, may also occur if clustered and shielded from view.

 

 

Staff Observations: 

For each of the bulleted recommendations cited above for Neighborhoods West of Flat Branch, the following observations are noted:

§         Shielding development from view.  The subject property has limited frontage along major roadways; however, the rezoning proposal does not provide assurances that development will be shielded from view from White Oak Church Road or the American Tobacco Trail.

§         Site design features.  The rezoning proposal and its conditions do not provide assurances that the development will implement any design features that harken back to the historic rural character of Green Level. 

§         Streetscapes.  The rezoning proposal and its conditions do not provide assurances that contextually-appropriate streetscapes will be provided.

§         Aggregate density.  The proposed maximum density of 3.0 dwelling units per acre exceeds the suggested 2.5 aggregate density per acre proposed for all the land within the Neighborhoods West of Flat Branch.  Provided that this proposed density is offset by other developments in the vicinity with densities slightly lower than 2.5 dwellings/acre, the proposal could meet the density intent.  However, large portions of the land in this area is underdeveloped, and developments such as the one proposed could tip the balance toward higher densities in this area. 

§         Lot sizes.  The SPA does not support lots smaller than about ¼ acre, unless the development is a clustered/conservation subdivision that provides ample open space in addition to the regulatory buffers and protected areas.  Under the proposed zoning there is no assurance that the site will be built as a clustered subdivision.  Such assurance might normally be provided via conditions for total acreage or percent of open space, character and arrangement of the open space, or similar.  As currently construed, the rezoning does not conform with the intent. 

§         Dwelling types.  The SPA allows for limited pockets of townhouses, shielded from view.  While the rezoning conditions limit townhouse to 20% of total units, the conditions do not address placing the townhouses in limited pockets.  In addition, there are no zoning conditions that provide assurance that the townhouses will be shielded from view.  

 

MOVE Policies

Cary’s MOVE policies are designed to respond to transportation challenges and opportunities:

§         Provide an efficient, functional, and well-designed transportation system

§         Allow mobility choices

Ensure Safety for All Users and Modes (Policy 1)

Apply Multimodal Street Designs (Policy 2)

Design Transportation Infrastructure to Address Land Use Context (Policy 3)

Ensure a Well-Maintained System (Policy 8)

 

Cary’s transportation requirements for development are a reflection of the Move Chapter policies. Planned improvements illustrated on the adopted Move chapter maps were developed to ensure the safety and accommodation of all users and modes, reflect land use considerations, provide additional system connections, close gaps, and minimize thoroughfare widths wherever possible. 

 

Batchelor Road

Existing Road Cross Section:  2-lane road with no curb and gutter and no sidewalks

Future Planned Road Cross Section: 2-lane collector street within 60 feet of right-of-way

Sidewalks:  5-foot sidewalks on both sides of the road
Bicycle Lanes:  4-foot-wide bike lane on both sides

 

White Oak Road

Existing Road Cross Section:  2-lane road with no curb and gutter and no sidewalks

Future Planned Road Cross Section: 2-lane collector avenue within 60 feet of right-of-way

Sidewalks:  5-foot sidewalks on both sides of the road
Bicycle Lanes:  4-foot-wide bike lane on both sides


Improvements Being Considered by the Town of Cary as Part of Ongoing Budgeted Capital Projects:  N/A

Transit: N/A

 

Note:  1) Streets in Cary are typically constructed or widened in increments, with developers completing the half-width section along their frontage when the property is developed. 2) Construction of other off-site improvements may be voluntarily offered as zoning conditions by applicants for rezoning cases. 3) NCDOT may require additional off-site improvements.

 

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

Land Use, Density and Dimensional Standards

 

 

Conventional TR Zoning District

Proposed TR-CU Zoning District

Land Uses

Variety of residential and other uses

§     Land use limited to age-restricted detached dwellings and townhomes, and neighborhood recreation

§     Townhomes

-  Maximum of 20% of total units

-  maximum of 2 du/building

-  No townhomes east of Wimberly Rd Ext.

Max. Gross Density

6.0 du/acre

3.0 du/ac (355 dwellings)

Min. Lot Size

Detached Dwellings:  5,000 sq. ft.

Townhomes:  None

 

 

See NOTE below:  A proportionate share of adjacent land in a stream buffer may be applied toward meeting the minimum lot size and setbacks.

§      Detached Dwellings: 

-   West of Wimberly Rd Ext.:  5,000 sq. ft. (same as conventional district)

-   East of Wimberly Rd. Ext.:  7,000 sq. ft.

§      Townhomes: None (same as conventional district)

 

See NOTE below:  A proportionate share of adjacent land in a stream buffer may be applied toward meeting the minimum lot size and setbacks.

Minimum Lot Width

Detached Dwellings:  40’

Townhomes:  20’

Same as conventional district

Front and Rear Setback

Detached Dwellings: 35’ min. front and rear setbacks combined, min 3’ individual setback

Townhomes:  20’ min. front and rear setbacks combined, min 3’ rear

Same as conventional district

Side Yard Setback 1

Detached Dwellings:  3’ min. (0’ with firewall), and. 6’ combined

Townhomes: 16’ between building groupings

 

 

Same as conventional district

 

 

Community Gathering Space

Min. 5,000 sq. ft. where development size is greater than 20 acres

Min. 10,000 sq. ft.

Max. Building Height

35 feet

1               Unless a zoning condition voluntarily offered by the applicant states otherwise, where a regulatory stream buffer forms a rear or side property line of a lot, and pursuant to NCGS 143-214.23A(f), the Town must attribute to each lot abutting the stream buffer a proportionate share of the stream buffer area (a) for purposes of lot area requirements (i.e., the portion of the stream buffer between the applicable lot line and the near edge of the associated stream will be included for the purpose of determining if the minimum lot size requirement of the LDO is satisfied); and (b) for purposes of calculating the minimum rear or side setback and perimeter buffer if applicable (i.e., the setback or buffer will be measured from the near edge of the associated stream instead of from the actual property boundary).  

 

 

Landscape Buffer and Streetscape

 

In accordance with Chapter 7 of the LDO, a 50-foot Type A streetscape shall be required adjacent to Green Level West Road, the future Wimberly Road Extension, and the American Tobacco Trail.

 

TRAFFIC

 

Per section 3.4.1(D)(3) of Cary’s LDO, a traffic study is required for rezoning applications when a development is anticipated to generate 100 or more peak-hour trips. The proposed residential use required a traffic study. A final Draft Traffic Analysis Report (17-TAR-423 Update) was prepared by the Town’s on-call traffic engineering consultant Ramey Kemp & Associates, Inc., dated February 22, 2018.  In accordance with the LDO, the study has a 5-year build-out period, which is year 2022.  Findings of the study are as follows:

 

Project description (assumed for purposes of the traffic study):

 

§         200 Single -Family detached dwelling units

 

Access to the site is anticipated to be provided via two (2) full movement site driveways on Batchelor Road and the existing full movement unsignalized intersection of White Oak Church Road and Pine Rail Lane. Based on preliminary information provided by the applicant the intersection of White Oak Church Road and Pine Rail Lane was analyzed as a full movement intersection under combined (2022) conditions.

 

Land Use

Weekday Traffic

AM Peak Hour (vehicles/hour)

PM Peak Hour

(vehicles/hour)

Proposed Uses Per TAR Analysis:

Single Family Detached Homes (Land Use Code 210)

1,910

150

200

Proposed Uses Per Zoning Conditions:

Senior Adult Housing – Detached (Land Use Code 251)

1,460

90

116

Difference

450

60

84

 

Per the TAR application submitted by the applicant, a maximum of 200 single family detached units were assumed for analysis purposes. However, the zoning conditions proposed by the applicant could result in a maximum of 355 age restricted detached dwelling units. A trip generation comparison above indicates that a development program based on the zoning conditions would likely result in approximately 60 fewer AM peak, 84 fewer PM peak and 450 fewer average daily trips than the TAR analysis.

 

Intersections Studied

The traffic study evaluated a total of nine (9) intersections within one (1) mile of the site boundary per LDO standards. The nine intersections also include the proposed site entrances. A list of these intersections is included in the Executive Summary of the traffic analysis report (TAR), which is included in the attachments to the staff report.

 

The study analyzed weekday AM and PM peak hour traffic for existing (2017), background

(2022) and combined (2022) conditions. An additional combined (2022) with improvements analysis scenario was included where improvements were needed to meet Town LDO guidelines.

 

For Background Traffic Conditions, there were 10 potential developments in the vicinity that may be approved and completed prior to, or at the same time as, the build-out of the proposed development.

§         Green Level High School (13-SP-065) – Cary, NC

§         Shadow Creek Subdivision (16-SB-008) – Cary, NC

§         White Oak Foundation (17-TAR-417) – Cary, NC

§         Thales Academy & Northwest Community Church (17-TAR-420) – Cary, NC

§         18-REZ-01 Green Level West Road and Pine Rail Rezoning/ Parkway Green Level Residential (17-TAR-429) – Cary, NC

§         Council-Smith Tracts – (located south of the intersection of Green Level West Road and White Oak Church Road) Apex, NC

§         Apex Commercial Development – (located in the southwest quadrant of the intersection of Green Level West Road and Green Level Church Road) Apex, NC

§         Beckwith Property Development – (located along Green Level Church Road between Green Level West Road and Jenks Road) Apex, NC

§         Tunstall Property – (located north of the Jenks Road and Wimberly Road intersection), Apex, NC

§         Crestmont Residential Development – (located in the southeast corner of the Green Level Church Road and Roberts Road intersection) Apex, NC

§         Holt Property – (located south of Roberts Road between Green Level Church Road and NC 540) Apex, NC

§         Lake Castleberry Development – (located north of Castleberry Road, south of Green Level West Road and west of Wimberly Road) Apex, NC 

 

The Executive Summary of the TAR includes information on level of service reported at each intersection studied and recommendations for improvements at these intersections. The traffic study also includes traffic generated by nearby developments that are approved, but not yet constructed.

 

Required/Committed Improvements by Adjacent Developments

 

18-REZ-01 Green Level West Road and Pine Rail Rezoning/ Parkway Green Level Residential (17-TAR-429) – Required Improvements

 

Green Level West Road Frontage Widening

§         Widen one-half of Green Level West Road along the site frontage to a four (4) lane landscape median divided section

 

Yates Store Road/Wimberly Road Widening & Extension

§         Construct full width of the future Yates Store Road/Wimberly Road extension to a four (4) lane landscape median divided section through the proposed development

 

East-West Collector Street Widening & Extension

§         Construct at least one-half of a future east-west collector street through the proposed development. The road section would be wide enough to accommodate two-way vehicular travel.

 

Thales Academy & Northwest Community Church (17-TAR-420) – Required Improvements

If a rezoning is approved, at the time of development plan the following is a required frontage improvement for proposed new Thales Academy and a church campus:

 

Morrisville Parkway and White Oak Church Road

§         Widen both Morrisville Parkway and White Oak Church Road to a four (4) lane median divided sections along the frontage

§         Stripe the northbound approach (White Oak Church Road) to provide exclusive left and right turn lanes

 

Lake Castleberry Development – Committed Improvements

 

Intersection of Green Level West Road and Wimberly Road

§         Construct an exclusive westbound (Green Level West Road) left turn lane with 100 feet of storage and appropriate taper

 

Required Improvements by Developer

 

The following frontage improvements would be required by the proposed development per LDO Section 8.1.3 (A) at the time of development plan:

§         Construct full width of the future Yates Store Road/Wimberly Road extension to a four (4) lane landscape median divided (thoroughfare)section through the proposed development

§         Construct at least one-half of a future east-west collector street through the proposed development. The road section would be wide enough to accommodate two-way vehicular travel.

§         Widen White Oak Church Road along the property frontage to one-half of two (2) lane landscape median divided (collector) section.

§         Accommodations/improvements for safe crossing of American Tobacco Trail traffic at its existing crossing on White Oak Church Road will be required.

 

Intersection Improvement Recommendations

 

To mitigate traffic impacts the proposed development may have on the adjacent roadway system, the Traffic Analysis Report provided recommendations for improvements consistent with LDO Section 3.4.1(D)(3) Traffic Impact Analysis (TIA).

 

 

ROAD AND INTERSECTION IMPROVEMENTS

ü Improvement offered as a zoning condition

X   Improvement not offered as a zoning condition

Improvement not offered; explanation provided

1.      Intersection of Green Level West Road [E-W] and White Oak Church Road [N-S]

X

Monitor intersection for signalization prior to full build-out of the development. Conduct a full signal warrant analysis at this intersection prior to build-out of the development to determine if a traffic signal is warranted.

2.      Intersection of Batchelor Road [N-S] and Site Drive 1 [E-W]

X

Construct the westbound approach (Site Drive 1) with one ingress lane and one egress lane. Stripe the egress lane as a shared left-turn/right-turn lane. Provide stop control for the westbound approach.

 

(Note: Although the applicant has not offered to make these improvements, they would be required at the time of development plan to provide access to the subject development)

3.      Intersection of Batchelor Road [N-S] and Site Drive 2 [E-W]

X

Construct the westbound approach (Site Drive 1) with one ingress lane and one egress lane. Stripe the egress lane as a shared left-turn/right-turn lane. Provide stop control for the westbound approach.

 

(Note: Although the applicant has not offered to make these improvements, they would be required at the time of development plan to provide access to the subject development)

4.      Intersection of White Oak Church Road [N-S] and Site Drive 3 [E-W]

X

Construct the eastbound approach (Site Drive 3) with one ingress lane and one egress lane. Stripe the egress lane as a shared left-turn/right-turn lane. Provide stop control for the eastbound approach.

 

(Note: Although the applicant has not offered to make these improvements, they would be required at the time of development plan to provide access to the subject development)

 

Staff Comments Regarding Applicant Offered Improvements

The traffic study (17-TAR-423) has identified improvements at the study intersections listed above as a result of site generated traffic. The applicant has not offered to complete any of the above recommended transportation improvements.

 

Batchelor Road is a NCDOT maintained facility. Similar to other existing roads in this area, Batchelor Road is not built with curb/gutter or sidewalks and does not meet Cary’s roadway width standards. Since the subject property does not front the entire length of Batchelor Road north of Green Level West Road, the applicant would not be required to improve Batchelor Road at the time of development plan review. However, staff believes the applicant should consider investigating potential safety improvements at the intersection of Green Level West Road and Batchelor Road.

 

Another active rezoning case (18-REZ-01 Green Level West Road and Pine Rail Rezoning) is proposing to develop residential uses to the south of the subject site fronting Green Level West Road. Due to the planned roadways (Yates Store Road/Wimberly Road extension and east-west collector) on both of these sites, staff believes it is critical for the two applicants to collaborate and coordinate their development’s roadway networks and connectivity.

 

To date the applicant has not offered any zoning conditions to complete the TAR recommended improvements or other safety improvements.

 

Stormwater

The Town has specific stormwater and floodplain management requirements for new development that must be addressed during the development plan review process to satisfy Cary’s Land Development Ordinance. These new development requirements are established to mitigate potential flooding impacts and to enhance water quality of our streams while protecting current and future residents of Cary. These protections are provided comprehensively as follows:

 

§         During development plan review, address improving stormwater and floodplain management by addressing the potential for replacing aging and inadequate infrastructure, as allowed and applicable.

§         During construction, provide sedimentation and erosion control measures to prevent transport of sediment from the construction site.

§         In perpetuity, limit the stormwater runoff from new development to pre-development site conditions with approved stormwater control measures (SCM’s) that restrict stormwater flow leaving the site to engineered limits.

§         Upon completion of the post-construction SCM’s and prior to final acceptance of the new development, require independent certification that they will function as designed, and require provisions for the ongoing maintenance of the SCM’s, to protect quantity and enhance the quality of stormwater leaving the site in perpetuity.

 

 

NEXT sTEPS

 

Council may forward the case to the Planning and Zoning Board for their review and recommendation. After making their recommendation, the Planning and Zoning Board will forward the case back to Council for final action.

 

DRAFT ORDINANCE FOR CONSIDERATION

 

 

DRAFT ORDINANCE FOR CONSIDERATION

18-REZ-09 Batchelor Road Assemblage

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF Approximately 119 ACRES located about 2,000 feet north of Green Level West Road, generally between the American Tobacco Trail and the Chatham County/Wake County boundary BY REZONING FROM Wake County Residential 40 Watershed (R-40 W), Residential 40 Conditional Use (R40-CU), and Watershed Protection Overlay District (Jordan Lake sub-district). To Transitional ResidenTial Conditional Use and Watershed Protection Overlay District (Jordan Lake sub-district).

 

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:

 

 

PARCEL & OWNER INFORMATION

 

 

Property Owner

County Parcel Numbers (PIN)
(10-digit)

Real Estate IDs (REID)

Address

Existing Zoning

Acreage

Bhaskar Venepalli

Ganesh Kristipati

Ashok Biyyala

Madhukar Sama

My Home Realty Inc.

 

0724100102

0047494

4309 Pine Rail Lane

R40-CU

11.19

0723095533

0118399

1304 Batchelor Road

R40-CU

9.84

Shadow Creek NC LLC

0713999589

0435438

0 Batchelor Road

R40-CU

15.84

Kathleen W. Batchelor

Gladys B. Logan

Grady Lee Batchelor

0723181768

0004943

0 Batchelor Road

Wake Co.

R-40(W)

50.17

Gladys B. Logan

Steve Douglas Logan

0723085111

0427479

1220 Batchelor Road

Wake Co.

R-40(W)

1.94

Linda C. Jacobs

0723194404

0143550

4312 Jacobs Creek Lane

Wake Co.

R-40(W)

8.99

Reddy & Pyreddy LLC

0723291692

0310491

0 Pine Rail Lane

Wake Co.

R-40(W)

10.69

Wilton A. Williams

Sandra H. Williams

0724204109

0107996

4204 Pine Rail Lane

Wake Co.

R-40(W)

4.68

Gerald Ray Harris

Sandra M. Harris

0724207664

0111086

0 White Oak Church Road

Wake Co.

R-40(W)

5.28

Total Area

118.62

 

 

Section 2:

That this Property is rezoned from R-40(W) and R40-CU to TR-CU subject to all the individualized development conditions set forth herein, if any, and to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines, all of which shall constitute the zoning regulations for the approved district and are binding on the Property.

 

Section 3:

The conditions proposed by the applicant to address conformance of the development and use of the Property to ordinances and officially adopted plans, to address impacts reasonably expected to be generated by the rezoning, and to promote the public health, safety and general welfare, and accepted and approved by the Town are:

             

1.      Uses shall be limited to age-restricted detached dwellings, townhouses and neighborhood recreation.

2.        Townhouses shall be grouped in no more than two (2) dwelling units per “building”.

3.      The Developer of the Community shall record with the applicable Register of Deeds Office a Declaration of Covenants, Conditions, and Restrictions (“Declaration”) providing that at least eighty percent (80 %) of all occupied units shall have as a resident at least one person of age 55 or older (“age restriction”).  Prior to applying for any building permits, the owners shall provide to the Town an opinion letter from an attorney licensed to practice in North Carolina that the age restriction was drafted in a form that the attorneys, in their exercise of customary professional diligence, would reasonably recognize as compliant with the Fair Housing Act 42 U.S.C. Sec. 3602, et. seq., and the North Carolina State Fair Housing Act N.C. Gen. Stat. 41A-1, et. seq.

4.      No greater than 20% of the units shall be townhouses.

5.      The density shall be a maximum of 3.0 dwelling units per acre.

6.      East of the Wimberly Road thoroughfare extension, there shall be no townhouses and the lot size shall be a minimum of 7,000 square feet.

7.      The Community Gathering Space shall be a minimum of 10,000 square feet.

8.      The Neighborhood Recreation Site shall be a minimum of three (3) acres and will include, but not be limited to, a clubhouse and swimming pool.