Town of Cary
North Carolina

Rezoning

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,  would provide a minimum community gathering space of 5,000 square feet, and would provide a ten-foot wide strip of common open space adjacent to the eastern property line.  The applicant has proposed to install a fence within the common open space subject to specific LDO standards.

 

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

 

Recommendation:  Staff recommends approval of this rezoning request with the conditions as proposed by the applicant. See below for more information on the recommendation.

 

Planning and Zoning Board Recommendation: The Planning and Zoning Board recommended the request for approval by a vote of 4 to 2.

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


September 25, 2017

Town Council

 

November 16, 2017

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.

4.      A 10-foot-wide area of common open space shall be provided adjacent to the eastern property line.

5.      A 4-foot-tall black or dark bronze aluminum fence shall be provided within the 10-foot-wide common open space strip along the entire eastern property line in accordance with the Land Development Ordinance standards. Where public right-of-way is dedicated, the fence may not be located within the public right-of-way. Standard barricades shall be provided in accordance with Town of Cary Standard Specifications and Details Manual until the public street is extended.

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)
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.

 

Town Council Public Hearing (August 10, 2017)

Staff presented an overview of the case and the proposed zoning conditions.  The applicant’s representative provided a detailed justification for the request and further described the proposed density limit of 2.2 dwelling units per acre and the increased size of the community gathering area.  There were no speakers during the public hearing.  The Council forwarded the case to the Planning and Zoning Board.

 

Changes since the Town Council Public Hearing

None.

 

Planning and Zoning Board Meeting (September 25, 2017)

Staff presented an overview of the request.  The applicant described the consistency of the request with the Cary Community Plan. There were questions from the board regarding an adjacent property owner’s request for a fence between the subject property and her property to the east.

 

With the understanding that the applicant would propose a condition to address the fence concerns, the Planning and Zoning Board recommended the request for approval by a vote of 4 to 2

 

Changes since the Planning and Zoning Board Meeting

The applicant has offered an additional zoning conditions to provide a 10-foot strip of common open space along the eastern property line and to install a 4-foot-tall aluminum fence along the entire property line.  As noted in the zoning conditions proposed by the applicant, where public right of way is dedicated, the fence may not be located within the public right of way, and standard barricades shall be provided in accordance with the Town of Cary Standard Specifications and Details Manuel until the public street is extended.  

 

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 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

§         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.

§         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. 

 

§         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 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.  The applicant has proposed to provide a 10-foot wide common open space strip adjacent to the eastern property line.

 

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

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.

PRELIMINARY STAFF RE

COMMENDATION

Based on the analysis in this staff report, Town Staff’s preliminary recommendation is for

approval of the rezoning request with the conditions as proposed by the applicant.

Rationale for Recommendati

on

§

The rezoning request was found to be consistent with policies of the Cary

Community Plan, specifically policies found in the chapters for LIVE, ENGAGE,

SHAPE and MOVE.

§

The subject site is designated as part of the “

Traditional

Neighborhood” on the

Future Growth Framework Map, which is described as having a variety of housing

types, unit sizes, lot sizes and densities. The proposed use

s

of semi

-

detached/

attached dwellings and/or townhomes and neighborhood recreation

are

appropriate land use

s

given t

he location, context and proposed conditions.

Note:

This is staff’s preliminary recommendation. A separate recommendation will be made

by the Planning and Zoning Board, and the final decision will be made by the Town Council.

Staff’s preliminary recomme

ndation is based on the proposal at the time of this report and a

final staff recommendation will be provided at the time of the Town Council final action.

 

Staff Recommendation: Based on the analysis in this staff report, Town Staff’s recommendation is for approval of the rezoning request with the conditions as proposed by the applicant.

 

Rationale for Recommendation

§         The rezoning request was found to be consistent with policies of the Cary Community Plan, specifically policies found in the chapters for LIVE and SHAPE. 

§         The subject site is designated as “Suburban Neighborhood” and is located within the “Green Level Special Planning Area” on the Future Growth Framework Map.  The zoning conditions proposed by the applicant to limit uses, cap the density at 2.2 dwelling units per acre, and provide additional community gathering area to meet the policies of this plan.

§         The proposed use of detached dwellings is an appropriate land use which is similar in character to nearby subdivisions.

 

Next Steps:  Council may take action on the proposed rezoning request.