Town of Cary
North Carolina

Rezoning
Referred to Planning & Zoning
Aug 10, 2017 6:30 PM

17-REZ-20 Piney Plains Rezoning

Information

Department:Planning & Development ServicesSponsors:
Category:Rezoning

Speaker: Katie Drye, Planning

 

Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by rezoning approximately 4.7 acres, located at 2410 and 2416 Piney Plains Road, from Residential 40 (R-40) to Transitional Residential Conditional Use (TR-CU) with conditions to limit the use to semi-detached/attached dwellings and/or townhomes and neighborhood recreation and increase the minimum required area for a community gathering space.

 

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.

Click on map to see surrounding development activity.

 

 

SUBJECT PARCELS

 

Property Owner

County Parcel Numbers(10-digit) (PIN)

Real Estate IDs (REID)

Addresses

Acreage

Linda H Makepeace

4236 Pine Rail Lane

Apex, NC 27523

0772278559

0049013

2410 Piney Plains Road

2.51

0772278355

0057299

2416 Piney Plains Road

2.19

Total Area

4.7

 

 

OVERVIEW

 

Location of Subject Properties

2410 and 2416 Piney Plains Road

Schedule

 

Town Council

Public Hearing

August 10, 2017

Planning & Zoning Board

TBD

Town Council

 

TBD

Existing Zoning District(s)

Residential 40 (R-40)

Watershed Protection Overlay District (Swift Creek Subdistrict)

Existing Zoning Conditions

None

Proposed Zoning District(s)

Transitional Residential Conditional Use (TR-CU)

Watershed Protection Overlay District (Swift Creek Subdistrict)

Proposed Zoning Conditions

1.      Use shall be limited to semi-detached/attached dwellings and/or townhomes and neighborhood recreation

2.      The community gathering space shall be a minimum of 1,200 square feet

Town Limits

Yes

Staff Contact

Katie Drye

919-469-4085

katie.drye@townofcary.org

Applicant

Linda Makepeace

Applicant’s Contact

Glenda Toppe

Glenda S Toppe and Associates

4139 Gardenlake Drive

Raleigh, NC 27612

 

 

 

 

SUMMARY OF REQUEST

 

The Town of Cary has received a request to rezone properties located at 2410 and 2416 Piney Plains Road, consisting of approximately 4.7 acres. The properties are currently zoned Residential 40 (R-40). The applicant is seeking to rezone to Transitional Residential Conditional Use (TR-CU), which would allow for an increase in density (max. 6 dwellings per acre). The applicant has proposed to limit the housing type to semi-detached/attached dwellings and/or townhomes and to increase the community gathering space to 1,200 square feet (minimum requirement per LDO is 600 square feet).

 

The sites are currently improved with one detached dwelling on each property. Properties to the north and south are zoned R-40.  The western property boundary is adjacent to the Wellington Place subdivision (part of the Wellington PDD). Lots which are immediately adjacent range from 8,700 square feet to 9,500 square feet in lot area. The Lodge at Crossroads apartments (part of the Macedonia Village PDD) are located on the opposite side of Piney Plains Road.

 

 

 

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 July 12, 2017. According to the information submitted by the applicant, 20 nearby property owners attended the meeting. Questions and concerns expressed at the meeting included concern regarding stormwater, potential loss of trees, fit within the existing area (townhomes next to single-family) and traffic on Piney Plains Road. These questions and 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

 

The 2040 Cary Community Plan (CCP) 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.

 

 

CHAPTER 2, 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 

 

Policy 2:  Provide More Housing Choices for all Residents

 

Staff Observations:

The applicant is proposing TR-CU zoning to allow for the development of semi-detached/ attached dwellings and/or townhomes and neighborhood recreation on a 4.7-acre site.  With the product type being proposed, the request would add a new house type sub-category to the area which currently consists primarily of single-family detached homes to the west and south and multi-family to the east. The Cary Community Plan identifies one of the biggest challenges facing Cary is ensuring there are adequate housing choices for all Cary citizens, thus the proposal will address a key priority of the Cary Community Plan.  In particular, semi-detached/attached homes on smaller lots may be appealing to our growing senior population and younger families looking for their first home.

 

Policy 5:  Support Residential Development on Infill and Redevelopment Sites

 

Staff Observations:

The subject site is bordered on the west by the Wellington PDD (single-family); on the south by the Pink Acres Subdivision (zoned R-12), and on the east by the apartments in Macedonia PDD.  The subject property is an infill property along a thoroughfare (Piney Plains Road).  If approved, the requested rezoning will allow semi-detached/attached dwellings as an additional housing type in the area and may be a more suitable housing type for fronting along Piney Plains Rd. 

 

 

 

ENGAGE: GOALS FROM THE PARKS, RECREATION AND CULTURAL RESOURCES MASTER PLAN

 

Engage: PRCR Plan Goal 1 - Maintain a diverse and balanced park and open space system as the Town of Cary grows.

 

Engage: 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.

 

§         Parcel proximity to parks and greenways:  The site is located 0.8 miles from the nearest park access, Marla Dorrel Park and 0.4 miles from the nearest greenway access, Speight Branch Greenway.

 

§         The PRCR Master Plan has identified a future neighborhood park (neighborhood parks are 10-25 acres per master plan) for the Town of Cary property approximately 0.4 miles east of the site, adjacent to Speight Branch Greenway and pond.

 

§         A park land dedication is required for residential development, except where payment of funds in lieu of land dedication is approved in accordance with the Land Development Ordinance. 

 

§         The required park land dedication for the subject property would result in a maximum of 0.8 acres based on the zoning district proposed (which would allow a maximum of 28 units).  Given the small size of the land dedication that would be required and the existing future park in close proximity to the parcel, staff recommends applicant make a payment of funds in lieu of land dedication.   

 

§         The Town of Cary’s Parks, Recreation and Cultural Resources (PRCR) Facilities Master Plan does not indicate a greenway corridor located within or directly adjacent to the subject parcel. 

 

 

ENGAGE: GOALS FROM THE HISTORIC PRESERVATION MASTER PLAN

 

The Town’s ENGAGE policies reflect the goals of the previously-adopted Historic Preservation Master Plan

 

HPMP Goal 2:  Preserve, Protect and Maintain Cary’s Historic Resources

 

Staff Observations: 

There are no structures on the subject property that are listed in the Cary Historic and Architectural Inventory. 

 

CHAPTER 6, SHAPE POLICIES

 

The Town’s SHAPE policies guide future growth by creating the geographic development framework that best achieves the vision and policies contained in the other plan chapters, particularly LIVE, WORK, SHOP, ENGAGE, MOVE, and SERVE.

 

Policy 4:  Support and Facilitate Redevelopment and Infill Development

 

Staff Observations:
The proposed rezoning affects a site partially ringed by existing subdivisions, individual large-lot detached dwellings and multi-family apartments. While the minimum lot size and narrower lot widths of the proposed semi-detached/attached dwellings will result in a slightly denser appearance along Piney Plains Road, the form of the development will provide a good transition between the single-family and apartments on this infill property.  The development will also connect to existing utility infrastructure leading to a more efficient utilization of the existing public infrastructure.

 

Policy 6:  Provide Appropriate Transitions between Land Uses

 

Staff Observations:
The intent of this policy is to provide for harmonious transitions between different type and intensities of land uses. Typically this would be achieved through a mix of elements including form, use and design/appearance, or by the introduction of screening buffers to create visual and physical delineation. The housing type proposed by this rezoning provides an appropriate form transition between the surrounding single-family homes and the multi-family apartments across the street.  These apartments are located within the Crossroads Destination Center and thus higher density developments are expected in the area.  Piney Plains Road, being a busy four-lane thoroughfare, may not be as desirable a setting for single-family development while semi-detached or attached dwellings and townhomes may be designed to reduce the impacts of the busy street.  In addition, the use of the TR-CU zoning designation will lead to the requirement for an undisturbed buffer between the site and adjacent R-20 subdivisions per the LDO.

 

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

 

Staff Observations:
The applicant has not offered any conditions relative to the appearance and quality of development. 

 

Future Growth Framework Map

The Development Category for the subject property is Traditional Neighborhood, depicted in the image below.  The Traditional Neighborhood area is generally viewed as including moderate amounts of differing housing types including single-family detached, patio homes, townhomes and multi-family housing in master-planned communities.   Transitional Residential Conditional Use, as in this case, is an appropriate district for the Traditional Neighborhood Development Category depending on the context and types of conditions offered.

 

 

CHAPTER 7, 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. 

 

Move Policy 3:  Design Transportation Infrastructure to Address Land Use Context

 

PINEY PLAINS RD.

 

Existing Road Cross Section:  Approximately 65 feet back-of-curb to back-of-curb in 90-foot right-of-way; existing 5-lane section

Future Piney Plains Road:  5-lane thoroughfare

Future Planned Road Cross Section: 69 feet back-of-curb to back-of-curb in 90-foot right-of-way

Sidewalks:  5-foot sidewalks exist on both sides of the road

Bicycle Lanes:  14-foot-wide outside lane on both sides

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

Transit: This site is located on an existing GoTriangle Transit Route and a planned local GoCary Route.

 

Note: Streets in Cary are typically constructed or widened in increments, with developers generally completing the half-width section along their frontage when the property is developed.  Construction of off-site improvements are not required but may be voluntarily offered as zoning conditions by applicants for rezoning cases.  In some cases construction of off-site improvements may be required by NCDOT.

 

 

KEY REQUIREMENTS FROM THE LAND DEVELOPMENT ORDINANCE

 

Land Use

Semi-Detached dwellings and Townhomes are permitted uses in the TR zoning district.

 

Density and Dimensional Standards

 

 

Existing Zoning District

(R-40)

Proposed Zoning District

(TR-CU)

Limited to Townhouses and
Semi- Detached Dwellings

Max. Gross Density

(du/ac)

1.08

Per LDO: 6

Min. Lot Size

(sq. ft.)

40,000

--

Minimum Lot Width

(feet)

With Septic Tank/Well:

150 (160 for corner lots)

With public sewer:
125 (135 for corner lots)

20 per dwelling unit

 

Minimum Roadway Setbacks

(feet)

From Piney Plains Road: 50

From other streets: 20

From Piney Plains Road: 50

From all other streets: Min. of 18 feet when parking is provided between the roadway and dwelling unit;

10 feet when parking is not provided between roadway and dwelling unit

Minimum Side Yard Setbacks**

(feet)

With septic tank/well: 20

With public sewer:15

0/3 feet min.,

16 feet min. between building groupings

Minimum Rear Yard Setback**

(feet)

30

The width of the roadway or front and rear setbacks combined shall equal at least twenty (20) feet and any individual rear setback shall be at least three (3) feet.

 

On thoroughfare, collector, or other streets, the width of the roadway and rear setbacks combined shall equal at least thirty-five (35) feet and any individual setback shall be at least three (3) feet.

Maximum Building Height

(feet)

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

*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 applicant 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

 

 

Traffic

The proposed rezoning on approximately 4.7 acres with a maximum allowable density of six (6) dwelling units per acre could result in a maximum of 28 dwelling units. Based on the ITE Trip Generation Manual, 9th edition, Land Use Code 230 – Residential Condominium/Townhouse, the proposed rezoning is anticipated to generate approximately 19 AM and 21 PM peak hour trips.  The threshold for a traffic study is 100 peak-hour trips; therefore, a traffic study is not required.

 

Stormwater

At the time of development 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-20 Piney Plains Rezoning

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF 4.7 ACRES OWNED BY LINDA H. MAKEPEACE, BY REZONING FROM RESIDENTIAL 40 (R-40) AND WATERSHED PROTECTION OVERLAY DISTRICT (SWIFT CREEK SUB-DISTRICT) TO TRANSITIONAL RESIDENTIAL CONDITIONAL USE (TR-CU) AND WATERSHED PROTECTION OVERLAY DISTRICT (SWIFT CREEK 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(10-digit) (PIN)

Real Estate IDs (REID)

Addresses

Acreage

Linda H Makepeace

4236 Pine Rail Lane

Apex, NC 27523

0772278559

0049013

2410 Piney Plains Road

2.51

0772278355

0057299

2416 Piney Plains Road

2.19

Total Area

4.7

 

Section 2:

That these Properties are rezoned from Residential 40 (R-40) to Transitional Residential Conditional Use (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. No change has been made to the designation of the Watershed Protection Overlay District, (Swift Creek Sub-district).

 

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.      Use shall be limited to semi-detached/attached dwellings and/or townhomes and neighborhood recreation

2.      The community gathering space shall be a minimum of 1,200 square feet