Town of Cary
North Carolina

Rezoning
Referred to Planning & Zoning
Apr 27, 2017 6:30 PM

17-REZ-09 7425 Wake Road

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Katie Drye, Planning Department

 

Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 1.0 acres located at 7425 Wake Road, from Residential 40 (R-40) to Residential 8 Conditional Use (R-8-CU) with zoning conditions that limit the use to detached dwellings.

 

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 site or subdivision plan.

 

SUBJECT PARCELS

 

Property Owner(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Deeded Acreage

Ananthakrishnan Narayanan and Harine Ananthakrishnan

214 Brier Crossings Loop

Durham, NC 27703

0726998154

0034026

1.0±

Total Area

1.0±

 

Click on the map to see surrounding development activity.

OVERVIEW

 

General Location

7425 Wake Road

Schedule

Town Council
Public Hearing
April 27, 2017

Planning & Zoning Board
 

TBD

Town Council
 

TBD

Existing Zoning District(s)

Residential-40 (R-40) and Watershed Protection Overlay District (Jordan Lake Subdistrict)

Existing Zoning Conditions

None

Proposed Zoning District(s)

Residential-8-Conditional Use (R-8-CU) and Watershed Protection Overlay District (Jordan Lake Subdistrict)

Proposed Zoning Conditions

1.      Land use shall be limited to detached dwellings

Town Limits

Yes 

Applicant 

Ananthakrishnan Narayanan and Harine Ananthakrishnan

Applicant’s Contact

Same as above

Staff Contact

Katie Drye
919-469-4085
katie.drye@townofcary.org

 

sUMMARY OF REQUEST

 

The Town of Cary has received a request to rezone property located at 7425 Wake Road, consisting of approximately 1.0 acre. The proposal seeks to rezone the subject property to permit an increase in residential density. The current zoning, Residential 40 (R-40), allows 1.08 dwellings per acre; the requested Residential 8 Conditional Use (R-8-CU) allows 5.44 dwellings per acre. The applicant has proposed a zoning condition to limit the use to detached dwellings.

 

The subject property is currently vacant. The subject site is north of and adjacent to the Village at the Park Subdivision, which is zoned MXD and is developed with townhomes. The properties to the north and across Wake Road are both zoned Residential 40 (R-40) and one is developed with a detached dwelling. The properties east of the site on the northern and southern sides of Wake Road are both zoned Office/ Research and Development (ORD) and are currently undeveloped.

 

Due to the size of the subject site (1.0 acre) and maximum potential number of lots (3 lots maximum) that can 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. This site is also located on Wake Road, which is designated as a collector avenue in the Cary Community PlanThe Town’s Standard Specifications and Details Manual indicates that individual driveway cuts serving detached dwelling lots will not be allowed along standard collector avenues. Further, staff notes that right-of-way along the frontage of this property is not at its future planned width as indicated in the MOVE Chapter of the Cary Community Plan. See section below titled “Key Requirements from the Land Development Ordinance” for more information.

 

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 March 15, 2017.   According to the information submitted by the applicant, five nearby property owners attended the meeting.   Questions and concerns expressed at the meeting included implications of the Cary Community Plan for the site as well as properties in the nearby area, questions about road widening and future road alignments on Wake Road, and concerns over the loss of trees behind the Village at the Park neighborhood. 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

 

Streams:  Cary’s most recent GIS maps do not indicate the presence of streams on the subject property. Field determination of such features shall be required at the time of development plan review.

 

Adjacent Zoning and Uses:

Figure 1 Adjacent Zoning, Uses, and Stream Buffers in the Vicinity

 

Cary community plan conformance and analysis

 

The 2040 Cary Community Plan is the comprehensive plan for the Town of Cary, adopted on January 24, 2017.  This report section identifies policies and elements of the Community Plan that are relevant to this rezoning case, and provides an analysis of the extent to which the proposed rezoning conforms to these plan policies and recommendations.

 

Attached is a complete listing of each policy statement in the 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 those policies below.

 

POLICY AND ANALYSIS

LIVE Policies

Policy 1: Maintain Neighborhood Character

The proposed rezoning will maintain the current residential designation of this parcel but allow for the creation of additional lots by stipulating smaller minimum lot sizes. The site may then be developed in a way which is compatible in use and scale with the adjacent residential developments where a mix of townhomes and detached dwellings predominate with a mixture of existing lot sizes. In addition, the proposed conditions submitted by the applicant indicate building types that will be compatible in style (residential detached dwelling) and density (maximum 5 units/acre) with the neighboring Village at the Park subdivision which is zoned MXD with a maximum 12 units/acre for the townhome development. Town of Cary design standards and ordinances incorporated buffer requirements into the adjacent developments that ensure that vegetation and distance separation from existing lots are currently in place.

Policy 2: Provide More Housing Choices for All Residents

The applicant is proposing to rezone from R-40 zoning to R-8-CU which, given the site constraints, would allow for the construction of a maximum of three (3) detached dwellings to be built on the site. This would support this policy objective by introducing a denser arrangement of detached housing on an existing vacant infill site, thereby increasing housing choice for residents and adding detached homes to augment the adjacent townhome development to the rear.

Policy 4:  Provide the Greatest Variety of Housing Options in Mixed Use Centers

As with policy 2 above, the introduction of a denser arrangement of contemporary detached dwellings will provide additional housing options through the introduction of detached dwellings to augment the existing townhome properties which predominate in the adjacent developments.

Policy 5:  Support Residential Development on Infill and Redevelopment Sites

This an appropriate development of a vacant infill site for residential use, proposing a development which is sympathetic in scale and use type to those of the adjacent neighborhoods.

ENGAGE:  Goals from the Parks, Recreation and Cultural Resources Master Plan

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

According to the Parks, Recreation and Cultural Resources Facilities Master Plan there are no parks or greenways proposed on this site. Street-side trails are proposed along Green Level Church Road just to the east of the property.  The master plan did not propose the subject property for open space conservation.

 

No recreation fund payment or park land dedication would be required for exempt subdivision plans.

 

SHAPE Policies

Policy 4: Support and Facilitate Redevelopment and Infill Development

The Cary Community Plan suggests that “use types in existence would be the most appropriate use of infill sites” in most cases in existing residential neighborhoods.  Policy 4 would therefore be supported by the rezoning proposal.

Policy 6:  Provide Appropriate Transitions Between Land Uses

The Cary Community Plan suggests a number of alternative approaches to incorporating effective transitions to meld different use types or zoning densities in a harmonious fashion. In this case the rezoning proposal would make use of a natural vegetative buffer as a transition form to create a blended delineation between the adjacent land uses. This buffer is already in place as part of the zoning conditions approved for the adjacent Village at the Park community. In addition, the voluntarily offered conditions limiting future use of the parcel to detached dwellings will ensure a degree of appropriate form transition.

Policy 8:  Preserve and Maintain Cary’s Attractive Appearance and Quality of Development

A 25-foot Type B buffer was installed as shown on the Preliminary Development Plan (PDP) for the adjacent Village at the Park development. This will ensure that a defined vegetative buffer will form an appropriate transition between the developments. In addition, the proposed condition submitted by the applicant indicates use types that will be compatible in style and density with neighboring properties.

Future Growth Framework Map

The Development Category for the subject property is Mixed Neighborhood, depicted in dark pink in the image above.  This neighborhood type contains a substantial variety of housing types, unit sizes, lot sizes, and densities. The Mixed Neighborhood area is generally characterized by large, master-planned communities. Predominant use types for this category include single family detached (large and small lot), single family attached, and multifamily housing (large and small).  Residential-8 zoning is an appropriate district for the Mixed Neighborhood Development Category.

MOVE: Comprehensive Transportation Plan

 

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.  

 

Wake Road


Existing Road Cross Section:   22-foot roadway width in a 60-foot right-of-way

Future Wake Road: Collector Avenue

The right-of-way and road section dimensions for collectors and collector avenues are general in nature as shown in the Move Chapter of the Cary Community Plan. Specific dimensions shall be determined at the time of Development Plan by the Development Review Committee (DRC). Additional right-of-way and road section widths beyond those indicated in the Cary Community Plan may be required to accommodate turn lanes, bike lanes and medians at intersections. The land uses, layout, and access proposed at the Development Plan stage may also result in the need for additional right-of-way and road section widths.

 

Transit:  There is a planned transit route within walking distance of this site along Green Level Church Road and Kit Creek Road to NC Highway 55

 

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

N.C. General Statutes §160A-376 exempts certain divisions of land from the definition of a “subdivision”, such that those divisions are not subject to the Town’s subdivision regulations. One such exemption is as follows:

 

The division of a tract in single ownership whose entire area is no greater that two acres into not more than three lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality, as shown in its subdivision regulations. 

 

If the subject property is rezoned to R-8-CU, there are two scenarios for how the property could develop.

 

Scenario One: If the applicant proceeds with the conditions as they are currently stated, then it is possible the division of the property into three lots or less would not be subject to certain requirements of the LDO as directed by the N.C. General Statutes. The lots will be required to meet or exceed the Town’s dimensional standards such as minimum lot size and setbacks, but improvements such as right-of-way dedication, road improvements, screening and buffering, champion tree requirements, and streetscape requirements would not occur. Further information on right-of-way and access concerns are discussed below under the “traffic” section.

 

Scenario Two: If the applicant chooses to offer right-of-way for dedication through a zoning condition, then the subdivision of the land would not be exempt from meeting Town subdivision standards. This would mean that road improvements, screening and buffering requirements, as well as other improvements would be required.

 

Land Use
Detached dwellings are a permitted use in the R-8 zoning district.

 

Density and Dimensional Standards

 

 

Existing Zoning District

(R-40)

Proposed Zoning District

(R-8-CU)

Max. Gross Density

1.08 du/acre

 

Per LDO: 5.44 du/acre

 

Due to the size and shape of the subject property and other site constraints, the applicant could create a maximum of 3 lots on the subject site

 

Min. Lot Size

40,000 square feet

8,000 square feet

Minimum Lot Width

150 feet

(160 feet for corner lots)

60 feet

(70 feet for corner lots)

Roadway Setback

30 Feet

Side Yard Setback 1

20 feet (with septic tank/well)

15 feet (with public sewer)

5 feet minimum,

20 feet combined

Rear Yard Setback 1

30 feet

20 feet

Maximum Building Height

35 feet (May be increased by one foot for every additional foot provided between the building footprint and the minimum required setback).

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/ Streetscape

If the property is developed in a way that does not meet the definition of a subdivision, then pursuant to N.C. General Statutes and the Cary LDO, landscape buffer and streetscape requirements would not be applicable.

 

Traffic

The applicant would be able to create a maximum of 3 dwelling units on approximately 1.0 acres. Based on the ITE Trip Generation Manual, Land Use Code 210 – Single Family Dwelling units, the proposed rezoning is anticipated to generate approximately 2 AM and 3 PM peak hour trips. The threshold for a traffic study is 100 peak hour trips; therefore, a traffic study was not required.

 

Access Concerns – Wake Road is classified as a collector avenue per the Cary Community Plan, which is anticipated to be improved to a three-lane undivided road section. Cary’s Standard Specifications and Details Manual indicates individual driveway cuts serving single family residential units must not be allowed on collector avenues. Due to the size and number of lots proposed, the subject development would be exempt from subdivision requirements per the NC General Statutes. Therefore, if the rezoning is approved, Cary would not have the ability to prevent residential driveways on a collector avenue. Further, Wake Road is currently maintained by NC DOT which typically does not issue individual driveway permits for single family dwellings. Staff encourages the applicant to design a layout with one (1) shared access on Wake Road for the proposed three (3) single family units.

 

Right-of-Way Concerns – Wake Road is planned to be a three-lane undivided road section with an ultimate right-of-way of 70’ between Green Level Church Road and Denhoff Drive (entrance to Village at the Park subdivision). As indicated above, the subject development would be exempt from subdivision requirements per the NC General Statutes. Therefore, if the rezoning is approved, the Town would have to potentially purchase additional right-of-way from the property owner(s) in the future in order to widen Wake Road to its ultimate section. In addition, the road widening would only be possible if the proposed single family homes are adequately set back from the ultimate right-of-way.

 

Stormwater

At the time of site plan review, the future plan must meet all stormwater management and detention requirements of the Land Development Ordinance.

 

 

DRAFT ORDINANCE FOR CONSIDERATION

 

DRAFT ORDINANCE FOR CONSIDERATION

 

17-REZ-09 7425 Wake Road

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF 1.0 ACRES, OWNED BY ANANTHAKRISHNAN NARAYANAN AND HARINE ANANTHAKRISHNAN, BY REZONING FROM RESIDENTIAL 40 (R-40) AND WATERSHED PROTECTION OVERLAY DISTRICT (JORDAN LAKE SUB-DISTRICT) TO RESIDENTIAL 8 CONDITIONAL USE (R-8-CU) 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(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Deeded Acreage

Ananthakrishnan Narayanan and
Harine Ananthakrishnan

214 Brier Crossings Loop

Durham, NC 27703

0726998154

0034026

1.0±

Total Area

1.0±

 

Section 2:

That this Property is rezoned from R-40 to R-8-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.      Land use shall be limited to detached dwellings