Town of Cary
North Carolina

Rezoning

18-REZ-23 6800 Holly Springs Road Rezoning

Information

Department:Planning and Development ServicesSponsors:
Category:Rezoning

Speaker: Katie Drye, Planning and Development Services

 

Executive Summary:  The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 2.03 acres, located at 6800 Holly Springs Road, from Residential 40 (R-40) to Residential 20 Conditional Use (R-20-CU) with zoning conditions that include limiting land use to a maximum of two (2) detached dwellings, dedication of right-of-way along Holly Springs Road, and an increased building setback and tree preservation area along the rear property line.

 

Recommendation: Staff recommends approval of this rezoning request with the conditions as proposed by the applicant.

 

Planning and Zoning Board Recommendation: The Planning and Zoning Board found the request to be consistent with the Imagine Cary Community Plan by a vote of 8-0.

Body

Changes since the Town Council public hearing (December 13, 2018) and Planning and Zoning Board Meeting (January 28, 2019): None

 

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 site or subdivision plan.

Click on the map to see surrounding development activity.

 

SUBJECT PARCELS

 

Property Owner

County Parcel Number
(10-digit) (PIN)

Real Estate ID (REID)

Addresses

Acreage

Cokesbury Holdings, LLC

1521 Delmont Dr.

Raleigh, NC 27606-2609

0772524215

0057021

6800 Holly Springs Road

2.03

Total Area

2.03

 

 

OVERVIEW

 

Location of Subject Properties

West side of Holly Springs Road, approximately 1,000 feet south of the intersection with SE Cary Parkway. 

Schedule

 

Town Council
Public Hearing

December 13, 2018

Planning & Zoning Board
January 28, 2019

Town Council
March 14, 2019

Existing Zoning District(s)

Residential 40 (R-40), Watershed Protection Overlay District (Swift Creek Subdistrict)

Existing Zoning Conditions

None

Proposed Zoning District(s)

Residential 20 Conditional Use (R-20-CU), Watershed Protection Overlay District (Swift Creek Subdistrict)

Proposed Zoning Conditions

1.      Any plat that divides the subject property shall dedicate right-of-way consistent with the Move Chapter of the Cary Community Plan in effect as of the date of the application for plat approval.

2.      The use shall be limited to two (2) detached dwellings and accessory uses and structures.

3.      Dwellings shall be set back a minimum of 50 feet from the rear property line (western property line) for the subject site. 

4.      There shall be a 10-foot landscape area with disturbances only as allowed by the LDO along the rear property line (western property line) for the subject site.

5.      Any plat that divides the subject property shall include notes substantially similar to the following:

a.       Dwellings shall be set back a minimum of 50 feet from the rear property line (western property line).

b.      A 10-foot landscape area with disturbances only as allowed by the LDO shall be established along the rear property line (western property line).

 

Town Limits

The subject property is located outside the corporate limits but inside the Town of Cary ETJ.  The property is currently served by well and septic. If the subject property connects to Cary water and/or wastewater utilities, then annexation will be required.

Staff Contact

Katie Drye

919-469-4085

Katie.drye@townofcary.org

Applicant 

Cokesbury Holdings, LLC

Applicant’s Contact

Spencer Mobley

ERA Dream Living Realty

311 S. Harrington Street, #100

Raleigh, NC 27603

919-612-0006

 

sUMMARY OF REQUEST

 

The applicant, Cokesbury Holdings, LLC, is requesting to rezone property at 6800 Holly Springs Road from Residential 40 (R-40) to Residential 20 Conditional Use (R-20-CU) with zoning conditions that include limiting land use to a maximum of two (2) detached dwellings, dedication of right-of-way along Holly Springs Road and landscape area and increased setbacks along the rear property line.

 

Due to the size of the subject site and the proposed maximum of two lots that would be created from this property, North Carolina General Statutes would allow this property to be subdivided without being subject to the Town’s subdivision regulations. The newly created properties would be required to meet all dimensional requirements of the R-20-CU zoning district, but would not be required to build road improvements, make recreation payments or adhere to buffer and streetscape requirements outside of those offered as zoning conditions.

 

The applicant has proposed conditions to dedicate right-of-way along Holly Springs Road (consistent with the Imagine Cary Community Plan); provide a landscape area with disturbances only as allowed by the LDO (such as utility crossings); and provide an increased setback along the rear of the subject property adjacent to the Camden Forest neighborhood.

 

 

Key Findings from this case include:

§         The applicant is proposing to rezone to R-20-CU, which would create two (2) lots with detached dwellings. Due to the size of the property, these lots would be exempt from the subdivision requirements of the LDO; however, the applicant has proposed zoning conditions to dedicate right-of-way, include a landscape area along the western property line, as well as increase the rear yard setback. 

§         The site is within a Traditional Neighborhood designation on the Future Growth Framework Map which supports detached dwellings as a predominant use.

 

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. Required mailed notification distances are noted in the table below; the Town exceeds the minimum mandated by state law and the Land Development Ordinance (LDO).

 

Mailed Notice Requirements

North Carolina

General Statute

Town of Cary
Land Development Ordinance

Town of Cary

Practice

Abutting properties

Properties within 100 feet

Properties within 800 feet

 

Neighborhood Meeting

A neighborhood meeting for the proposed rezoning was facilitated by Planning staff at Cary Town Hall on October 3, 2018. According to the information submitted by the applicant, nine (9) nearby property owners attended the meeting. Questions and concerns expressed at the meeting included concern over loss of trees, questions about the proposal, and questions about the widening of Holly Springs Road. These concerns are summarized in the attached meeting minutes submitted by the applicant.

 

Changes Since the Neighborhood Meeting

Following the neighborhood meeting, the applicant offered additional zoning conditions to address concerns shared by nearby property owners. These conditions included an increased rear yard setback and a 10’ landscape area.

 

Town Council Public Hearing (December 13, 2018)

Staff presented an overview of the case followed by the applicant who shared a justification for the request. There were no speakers at the public hearing other than the applicant. Council had questions regarding the option for a shared access driveway. Staff confirmed the applicant had not offered a zoning condition committing to a shared access driveway at this time. One council member noted that a shared access driveway may impose challenges on future owners of the site. The council forwarded the case to the Planning and Zoning Board.

 

Changes since the Town Council Public Hearing:

None

 

Planning and Zoning Board Meeting (January 28, 2019)

The Planning and Zoning Board had questions regarding the driveway permitting process for NCDOT along Holly Springs Road. Staff clarified that if the lots were subdivided, NCDOT would likely approve individual driveways for this site. The Planning and Zoning Board made a recommendation that the case was consistent with the Imagine Cary Community Plan by a vote of 8-0.

 

Changes since the Planning and Zoning Board Meeting

None

 

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

 

 

Adjacent Zoning

Locations of potential streams shown with blue shading.

 

Adjacent Uses and Zoning: Properties to the north are zoned R-12-CU (rezoning approved in 2016, case number 16-REZ-13). Properties to the west and south are zoned R-12 and are within the Camden Forest Neighborhood. Properties to the east (across Holly Springs Road) are zoned R-40. All adjacent properties consist of detached dwellings.

 

Streams:  Cary’s most recent GIS maps do not indicate the presence of streams, floodplain or wetlands on the subject property.

 

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

Provide More Housing Choices for All Residents (Policy 2)

Support Residential Development on Infill and Redevelopment Sites (Policy 5)

 

Staff Observations

§         Regarding Policy 2, the proposed rezoning will allow the applicant to create two lots for detached dwellings on 2.03 acres along Holly Springs Road.

§         Regarding Policy 5, this lot is an infill site along Holly Springs Road with properties to the north, west and south already developed with detached dwellings.

 

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)

 

The Parks, Recreation and Cultural Resources Master Plan does not identify any parks within or adjacent to the site. 

 

There is one proposed park, Macedonia Lake Park, proposed approximately 1.2 miles northwest of the site.

 

There are no proposed greenway and/or street-side trail corridor adjacent to or within the site.  The site is located approximately 0.25 miles west of the Campbell Greenway corridor.

 

Due to the size of the subject site and maximum potential number of lots (2 lots) that could be created from this property, the North Carolina General Statutes would allow this property to be subdivided without being subject to the Town’s subdivision regulations, which includes the requirement for the dedication of land for public parks and Greenway development (LDO 8.2.3).

 

Historic Preservation Master Plan Goals

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

Preserve Historic Contexts (Goal 3)

 

The subject site contains a c. 1915 house with modern alterations.  The applicant has indicated that the house will remain, which is in keeping with plan goals; however, the applicant has not offered any zoning conditions regarding the existing house.

 

shape FUTURE GROWTH fRAMEWORK

The map below shows the subject site and surrounding properties are located within a Traditional Neighborhood future land use category on the Future Growth Framework Map.

 

Staff Observations

§         Traditional Neighborhoods are generally typified by large, master planned communities, most of which contain some degree of housing mix, although detached dwellings predominate.

§         This rezoning proposes detached dwellings on an infill site adjacent to a residential neighborhood (Camden Forest).

§         The use proposed by the rezoning – detached dwellings – is consistent with the definition of the Traditional Neighborhood future growth framework category.  

 

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 regarding Policy 6

§         The proposed rezoning would permit two detached dwellings adjacent to similar uses. Adjacent uses include:

o       Properties to the north (along Holly Springs Road) which were recently rezoned in 2016 to R-12-CU to allow two (2) detached dwellings

o       Camden Forest neighborhood (to the west), zoned R-12 (lots in the Camden Forest Neighborhood adjacent to this site range in size from 15,000 – 19,000 square feet).

§         The proposed zoning of R-20-CU requires that the area of each of the newly created lots will be at least 20,000 square feet.

§         The applicant has proposed to increase the rear yard setback adjacent to lots in the Camden Forest neighborhood to the west. The applicant has also proposed a 10-foot landscape area with disturbances only as allowed by the LDO adjacent to the west to assist with the transition (see image below).

§         The applicant has proposed to dedicated right-of-way consistent with the MOVE Chapter of the Imagine Cary Community Plan (see image below).

 

 

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. 

 

Holly Springs Rd

Existing Cross Section:  2-lane roadway within 60 ft of right-of-way.  There are no pedestrian or bicycle facilities present.   

 

Future Cross Section:

§         Road:  6-lane median divided roadway with 125 ft of right-of-way.   

§         Sidewalks:  5-ft sidewalks on both sides of the road

§         Bicycle Lanes:  14-ft-wide outside lane in both directions

 

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

Transit:  N/A

 

Notes: 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
Detached dwellings are a permitted use in the R-20-CU zoning district.

 

Density and Dimensional Standards

 

Existing Zoning District

R-40

Proposed Zoning District
R-20-CU

Max. Gross Density

1.08 du/acre

2.17 du/acre

Min. Lot Size

40,000 square feet

20,000 square feet

Minimum Lot Width

150 feet

(160 feet for corner lots)

90 feet
(100 feet for corner lots)

Roadway Setback

50 feet from a thoroughfare

50 feet from a thoroughfare

Side Yard Setback 1

20 feet
(with septic tank/well)

15 feet
(with public sewer)

10 feet

Rear Yard Setback 1

30 feet

20 feet
(applicant has proposed
a 50’ setback)

Maximum 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

Due to the size of the subject site and maximum potential number of lots (2 lots) that could be created from this property, the North Carolina General Statutes would allow this property to be subdivided without being subject to the Town’s subdivision regulations and buffer and streetscape requirements would not apply. The applicant, however, has offered a zoning condition for a 10- foot tree preservation area, with disturbances only as allowed by the LDO, along the rear of the lots (western property line). They have also added a condition to increase the rear yard setback for dwellings from 20-feet to 50-feet. 

 

Traffic

The applicant offered zoning condition indicates the proposed rezoning will limit the number of detached dwelling units to two (2). Based on the ITE Trip Generation Manual, 10th edition, Land Use Code 210 – Single Family Detached Housing, the proposed rezoning is anticipated to generate approximately two (2) AM and two (2) PM peak hour trips.  The threshold for a traffic study is 100 peak-hour trips; therefore, a traffic study is not required.

 

Access

Holly Springs Road is planned to be a six-lane, median-divided thoroughfare along the site frontage. To minimize the individual driveway cuts on a thoroughfare, staff believes that safety would be improved if the applicant were to provide one (1) shared access with adequate driveway dimensions for the proposed two (2) single family detached units. Additionally, the driveways should be designed so that future residents would not have to back-out onto Holly Springs Road.  The applicant has not offered a zoning condition regarding driveway access. 

 

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.

 

STAFF RECOMMENDATION

 

Town Staff’s recommendation for the rezoning request is for approval and the rationale for the recommendation is discussed in the table below.

 

Summary of Analysis  

§         Policies in the chapters for LIVE, SHAPE and MOVE were found to be applicable to the rezoning request.

§         The subject site is designated as part of a “Traditional Neighborhood” on the Future Growth Framework Map which supports detached dwellings as a predominant use. The applicant is proposing to rezone to R-20-CU, which would create two (2) lots with detached dwellings.

§         Due to the size of the property, the lots would be exempt from the subdivision requirements of the LDO; however, the applicant has proposed zoning conditions to dedicate right-of-way, include a landscape area along the western property line, as well as increase the rear yard setback. 

 

 

NEXT sTEPS

 

The Town Council may take final action on the rezoning request. If the rezoning is approved, the developer or property owner may submit a plat to subdivide the subject property.