Town of Cary
North Carolina

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

17-REZ-15 Old White Oak Church Road Assemblage

Information

Department:Planning & 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 to apply initial Cary zoning to approximately 10.61 acres.  The property is currently located in Wake County’s jurisdiction and is zoned R-40 Watershed (R-40-W).  The applicant has requested a Cary zoning designation of Residential 12 Conditional Use (R-12-CU), Conservation Residential Overlay District and Watershed Protection Overlay District (Jordan Lake Subdistrict).  Zoning conditions proposed by the applicant would limit use to detached residential and neighborhood recreation, would limit the density to 2.25 dwelling units per acre, and would provide a minimum community gathering space of 5,000 square feet.

 

There is an associated Owner-Initiated Annexation Petition – 16-A-19.

 

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(s)

County Parcel Number(s)
(10-digit)

Real Estate ID(s)

Address

Deeded Acreage

Tompkins, Robert G. Marjorie

1509 Old White Oak Church Road

Apex, NC 27523

0723395895

0120634

1509 Old White Oak Church Road

4.47

Marcia Lynn and Fred Harold Moss

1513 Old White Oak Church Road

Apex, NC 27523

0723399942

0120635

1513 Old White Oak Church Road

2.89

Linthicum, James E.

1517 Old White Oak Church Road

Apex, NC 27523

0723490618

0106152

1517 Old White Oak Church Road

3.01

Linthicum, James E. and Linthicum, Betty Green

1517 White Road Church Road

Apex, NC 27523

0723398595

0183072

0 0ld White Oak Church Road

0.24

Total Area

 

10.61

 

 

BACKGROUND INFORMATION

 

Address

1509, 1513, 1517 and an unaddressed parcel on Old White Oak Church Road

Schedule

 

Town Council Public Hearing

August 10, 2017

Planning & Zoning Board
 

TBD

Town Council

 

TBD

Existing Zoning District(s)

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

Existing Zoning Conditions

None

Proposed Zoning District(s)

Residential 12 Conditional Use (R-12-CU),

Conservation Residential Overlay District and

Watershed Protection Overlay District

Proposed Zoning Conditions

1.      Use shall be limited to detached residential and neighborhood recreation.

2.      Density shall be limited to 2.25 dwelling units per acre.

3.      Community gathering space shall be a minimum of 5,000 square feet.

Town Limits

 

 

The subject property is located in Wake County’s jurisdiction and is outside the corporate limits and the Town of Cary ETJ.  An owner-initiated annexation petition, 16-A-19, was submitted in conjunction with this rezoning request.

Staff Contact

Debra Grannan

Debra.grannan@townofcary.org

(919) 460-4980 

Applicant

Alex Crow, Shenandoah Homes

2840 Plaza Place

Suite 200

Raleigh, NC 27612

alex@shenandoahhomes.us

Applicant’s Contact

Tom Speight, Jr., Bateman Civil Survey Company

2524 Reliance Avenue

Apex, NC 27539

(919) 577-1080

Tom@batemancivilsurvey.ocm

SUMMARY OF REQUEST

 

The Town of Cary has received a request to apply initial Town of Cary Zoning of Residential 12 Conditional Use (R-12-CU) to four parcels of land comprising approximately 10.61 acres located on Old White Oak Church Road. The subject property is currently located in Wake County’s jurisdiction.  It is located within the Green Level Special Planning Area of the Cary Community Plan, but is outside the Green Level Historic District.

 

The applicant is proposing zoning conditions to limit the use to detached residential and to limit the density to 2.25 dwelling units per acre.

 

Three of the subject properties are currently developed with a detached residential dwelling; the 0.24-acre parcel is currently vacant.

 

The subject property had been proposed for a rezoning (16-REZ-29) in 2016; prior to adoption of the Cary Community Plan.  The applicant withdrew that case and was granted a waiver of the one-year waiting period for a subsequent application in order to submit the current request.

 

Streams:  Cary’s most recent GIS maps indicate the presence of streams on a portion the subject property. Field determination of such features shall be required at the time of development plan review.

 

Floodplain and Wetlands:  Cary’s most recent GIS maps do not indicate the presence of floodplain or wetlands on the subject property. Field determination of such features shall be required at the time of development plan review

 

 

Adjacent Uses and Zoning:


North – Currently vacant land; future Town of Cary public park or recreation site (R/R)
South – (opposite side of Old White Oak Church Road and White Oak Church Road) Elementary School (Under construction) (R-40-CU) and vacant parcel (In review for a rezoning; White Oak PDD 17-REZ-05)
East – Detached Residential (Wake County R-40-W)
West – Detached Residential (Wake County R-40-W)
 

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 7, 2017.   According to the information submitted by the applicant, 10 nearby property owners attended the meeting.   Questions and concerns expressed at the meeting pertained to road improvements and densities, as 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.


 

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 1:  Maintain Neighborhood Character

 

Staff Analysis:  This policy is achieved, in part, by the minimum quarter-acre lot size proposed by the applicant by using R-12-CU zoning. Furthermore, Cary’s LDO standards for building setbacks help to ensure the suburban character of this area.

 

Policy 2:  Provide More Housing Choices for all Residents

 

Staff Observations: The applicant is proposing R-12-CU zoning which slightly expands the housing opportunities beyond the large lot existing subdivision located immediately to the east and west of the subject property.

Policy 5:  Support Residential Development on Infill and Redevelopment Sites

 

Staff Observations:

Three of the four parcels are currently developed with detached residential dwellings. The fourth, quarter-acre lot is vacant. The assemblage of this land, and proposed rezoning to allow smaller lots, supports redevelopment in this vicinity.

 

 

 

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

 

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.

 

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

 

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 6:  Provide Appropriate Transitions Between Land Uses

 

Staff Observations: The intent of this policy is to provide for harmonious transitions between different types and intensities of land uses.

§         Transitions can be created through form, use, architecture, or natural buffers. 

§         The type of transition can depend on the physical geography of the site, such as differences in elevations and views from one site to another.

§         The applicant has not proposed any conditions that would exceed LDO requirements for a landscape area between the proposed development and adjacent lots.

 

As per the Cary Community Plan’s Future Growth Framework Map, the subject properties are in the Suburban Neighborhood Development Category (shown in light yellow in the adjacent map) and are also located within the Green Level Special Planning Area (SPA).  The property is not located within the Green Level Historic District.  Suburban Neighborhoods are located at the outermost western and southern edges of Cary’s planning area.  They consist principally of single-family detached development with limited cases of other housing types. 

 

 

Applicable Green Level Special Planning Area Policies

1.      Maintain Land Use Transition

Staff Observation:  The proposed minimum 12,000 square-foot lot size resulting from the proposed R-12-CU zoning provides a transition to the adjacent, large lot subdivision.

2.      Respect Heritage and Open Space

Staff Observation:  The applicant has proposed a zoning condition to increase the amount of land area for community gathering from the 2,500 square feet, as required by the LDO, to 5,000 square feet. 

 

3.      Allow Either Rural or Suburban Designs for Local Roads

Staff Observation:  The subject property is adjacent to Old White Oak Church Road, which is designated as a local road.

 

Within the Green Level Special Planning Area, the subject property is located with the area described as being “Neighborhoods West of Flat Branch”

·         This area continues the gradual downward transition in density moving west from N.C. 540 towards the Chatham County Line.  The aggregate density of the area does should not exceed 2.5 dwelling units per acre;

·         This area is generally akin to Contemporary neighborhoods;

·         Single-family detached housing predominates over most of the area, with lot sizes generally about a quarter-acre or larger.

 

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

 

The subject property is adjacent to Old White Oak Church Road, which is designated as a local road.

 

Existing Road Cross Section: approximately 25-foot-wide gravel road with no curb and gutter within approximately 58 feet of right of way

Future Road Cross Section: 27 feet back-of-curb to back-of curb in a 50-foot right of way

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

 

 

The subject property is in close proximity to, but does not have frontage along Ridgeback Road.

Ridgeback Road is designated as a Collector Avenue.
Existing Road Cross Section:   16 feet back-of-curb to back-of-curb in a 33-foot right-of-way
Future Road Cross Section:   37-49 feet back-of-curb to back-of-curb in a 58- to 70-foot right-of-way (the range is due to two collector road options)
Sidewalks:  5-foot sidewalks on both sides of the road
Bicycle Lanes:  4-foot bike lanes on both sides of the road

Transit:  There are no current or future Go Cary and/or Go Triangle routes within walking distance of the subject property.
Status of Planned Improvements by the Town of Cary:  None planned

 

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.

 

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE

 

Density and Dimensional Standards

 

Existing Zoning: Wake County

Residential 40 Watershed

R-40- W

Proposed Zoning:  Residential 12 Conditional Use

(R-12-CU)

Max. Gross Density (Dwelling Units/Acre)

1.00

2.25

(Per zoning condition)

Minimum Lot Size1 (Square Feet)

40,000

12,000

Minimum Lot Width (Feet)

110

80 (90 for corner lot)

Roadway Setback (Feet)

30

From thoroughfare: 50

From collector: 30

From other streets: 20

Side Yard Setback1 (Feet)

15

10

Rear Yard Setback1 (Feet)

30

25

Maximum Building Height (Feet)

35

35

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).

Note:  The applicant has not offered a condition related to lot size area.

 

Open Space:  Section 7.10.4 (D) of the Land Development Ordinance requires sites that are two acres or greater in size to provide at least one centrally-located community gathering space, such as a pedestrian park or park-like space,  for new development and redevelopment sites.  The minimum gathering space size for a site between 10.1 to 15 acres is 2,400 square feet.  The applicant has offered a zoning condition to increase this area to a minimum of 5,000 square feet.
 

Landscape Buffer:  In accordance with Chapter 7 of the LDO, a 20-foot landscape area is required between two single-family-detached residential uses when lot sizes are 8,000 square feet or greater.  This area is not subject to the ownership restrictions applied to other buffers and may be located within the platted portion of lots.

 

Streetscape:  Old White Oak Church Road is designated as a local road and therefore, no streetscape is required.

 

Traffic:  The proposed rezoning on approximately 10.61 acres with a proposed density of 2.25 dwelling units per acre would result in a maximum of 24 dwelling units. Based on the ITE Trip Generation Manual, 9th edition, Land Use Code 210 - Single Family Detached Housing Units, the proposed rezoning is anticipated to generate approximately 27 AM and 29 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 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-15 OLD WHITE OAK CHURCH ROAD ASSEMBLAGE 

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 10.61 ACRES OWNED BY ROBERT G. AND MARJORIE TOMPKINS, MARCIA LYN AND FRED HAROLD MOSS, AND BETTY GREEN AND JAMES E. LINTHICUM, BY REZONING FROM WAKE COUNTY RESIDENTIAL 40 WATERSHED (R-40-W) TO RESIDENTIAL 12 CONDITIONAL USE (R-12-CU) AND CONSERVATION RESIDENTIAL OVERLAY DISTRICT AND WATERSHED PROTECTION OVERLAY 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

Tompkins, Robert G. and Tompkins, Marjorie

1509 Old White Oak Church Road

Apex, NC 27523

0723395895

0120634

4.47

Moss, Marcia Lynn and Moss, Fred Harold

1513 Old White Oak Church Road

Apex, NC 27523

0723399942

0120635

2.89

Linthicum, James E.

1517 Old White Oak Church Road

Apex, NC 27523

0723490618

0106152

3.01

Linthicum, James E. and Linthicum, Betty Green

1517 White Road Church Road

Apex, NC 27523

0723398595

0183072

0.24

Total Area

10.61

 

 

Section 2:

That this Property is rezoned from Wake County Residential 40 Watershed (R-40-W) to Residential 12 Conditional Use (R-12-CU), Conservation Residential Overlay and Watershed Protection Overlay District 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.      Use shall be limited to detached residential and neighborhood recreation.

2.      The density shall be limited to a maximum of 2.25 dwelling units per acre.

3.      The community gathering space shall be a minimum of 5,000 square feet.