Town of Cary, North Carolina
Rezoning Staff Report for the Planning and Zoning Board 07-REZ-21
Weldon Ridge Planned Development District (PDD) Amendment November 16, 2009
REQUEST
The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 47.7 acres located southwest of the New Hope Church Road and Yates Store Road intersection, in Chatham County, by amending the previously approved Weldon Ridge Planned Development District (PDD) to allow single-family residential use on the area previously limited to school or church use. The request would increase the total number of dwelling units in the overall PDD from 650 to 778. Reductions to side yard setbacks are also requested for the subject property.
The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) of land. Specific development requirements related to the technical aspects of land
development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process. However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. All such
requirements can be found a thttp://www.amlegal.com/library/nc/cary.shtml.
BACKGROUND INFORMATION
Applicant Forest Oaks Investors, LLC (Glenn Futrell) Agent Glenda Toppe, Jerry Turner and Associates
905 Jones Franklin Road Raleigh, NC 27606 Phone: (919) 851-7150 [email protected]
Acreage 47.7 ±
General Location In Chatham County, southwest of the New Hope Church and Yates Store Roads intersection
Hearings / Meetings Public Hearing October 11, 2007
Planning & Zoning November 16, 2009
Town Council December 10, 2009
(Tentative) Land Use Designation Low Density Residential (LDR)
Town Limits The subject property is located inside the Corporate Limits of the Town of Cary. Annexation is not required.
Valid Protest There is no valid protest petition.
P&Z Recommendation To be provided after the Planning and Zoning Board Meeting
Existing Use Vacant
Proposed Use Detached single-family residential and school Final Council Action To be provided after the Town Council Meeting Case Manager & Contact
Information
Debra Grannan
Email: [email protected] Phone: (919) 460-4980
Mailing Address: P.O. Box 8005, Cary, NC 27512
SUMMARY OF PROCESS AND ACTIONS TO DATE
Notification On September 27, 2007 the Town of Cary Planning staff mailed
notification of the public hearing on the request to property owners within
400 feet of the subject property. The property was posted and advertised in accordance with Land Development Ordinance regulations.
Town Council Public Hearing October 11, 2007
Several Council members expressed their hope not to lose the opportunity to have a school site on the subject property.
The applicant suggested an “active adult,” or “age-targeted” residential neighborhood might be a consideration, but Council observed that age- restricted housing had not been presented as a zoning condition.
The Council also voiced concern about protecting the American Tobacco Trail with adequate buffering, and suggested that the 50-foot buffer proposed by the applicant was not sufficient.
Sally Kost with the Chatham County Commissions spoke against the proposed density. One citizen spoke in opposition of the proposed rezoning citing concerns about density and water management.
Notification of Second Public Hearing at Planning and Zoning Board Meeting
Because there have been significant changes to the conditions proposed with the rezoning request that was presented at the first public hearing, a second public hearing is required at the Planning and Zoning Board Meeting. It has been over two years since initial notification of this rezoning request was sent to adjacent property owners, therefore, staff mailed a second notification letter to property owners within 400 feet of the subject property on November 4, 2009. The mailing list was updated to reflect the current owners. The property was posted on November 4 and notices were published in the Cary News on November 4 and 11, 2009.
Current Status Several issues have not been resolved on the subject request, especially pertaining to traffic impacts. The case was delayed initially to allow the applicant time to look for an alternate school or institutional use on the subject property. Recently, the applicant has reported some progress with negotiations regarding the sale of the property, however, the specific information requested by Cary’s Engineering Department to analyze the case have not been provided. In addition, the applicant has not indicated if the proposed residential use will be age restricted. Rather than
continue to delay the case indefinitely, staff advised the applicant that the case needed to move forward for a recommendation based on the information that had been provided to date.
The applicant has submitted the following proposed zoning conditions: The applicant is not proposing any conditions outside the existing PDD document.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
A. Land Use Plan:
This rezoning request conforms to the adopted Land Use Plan. The Plan’s land use designation for this site is Low Density Residential (LDR), which is defined as single-family residential at one (1) to three (3) units per acre. The gross overall density of the Weldon Ridge PDD is proposed to be 2.5 dwelling units per acre. The Low Density Residential land use category also typically includes neighborhood-supportive uses such as schools and places of worship.
Planning Background: This site is located immediately adjacent to, but outside of, the western boundary of the Southwest Area Plan. The site was not included within the Southwest Plan boundaries because the site is located in Chatham County. Therefore, the land use recommendations for this site are taken from the town-wide Land Use Plan. (Note: The town-wide Land Use Plan Map was amended in August 2004 to remove all land in Chatham County south of New Hope Church Road that was not already in the Town Limits. However, since Weldon Ridge was already within the Town Limits at that time, the town- wide Land Use Plan continues to provide land use recommendations for that area.)
Draft Chatham-Cary Joint Land Use Plan - The site is located entirely within Chatham County. Since this case was originally submitted in 2007, a draft Chatham-Cary Joint Land Use Plan has been proposed by the Chatham-Cary Joint Issues Committee. The draft Joint Plan is currently scheduled for community feedback meetings in November 2009. Official public hearings are tentatively planned for spring 2010.
The current draft Joint Plan recommends that the site be used for Institutional land uses. Thus, the requested amendment does not conform to the draft plan. However, the draft plan has not yet been officially adopted by the Town Council, and may continue to undergo modification prior to adoption.
B. Growth Management Plan:
The Growth Management Plan includes the following Guiding Principles which are relevant to this case:
1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
Analysis: Some utilities are available along the southern boundary of the subject parcels and along the major roadways, Yates Store Road and New Hope Church Road, near the site.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
Analysis: The subject parcels are slightly over three miles away from the Alston Regional Mixed Use Center and almost four miles from Research Triangle Park.
3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.
Analysis: Future development of the subject parcels must follow Cary’s Land Development Ordinance, and should be sensitive to the existing agricultural land and mixed hardwood and conifer plant communities noted by the Open Space and Historic Resources Plan.
4. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.
Analysis: The Growth Management Plan and the Land Use Plan complement one another as volumes of the Town’s Comprehensive Plan. The proposed amendment represents a minimal increase in potential development yield for the site. However, this potential increase is counter- balanced by the fact that much of the Northwest Area is building out at densities significantly lower than those supported by the Northwest Area Plan. This is particularly true in the areas south and east of the subject parcels, where actual development densities have been roughly half that supported by the Northwest Plan.
C. Affordable Housing Plan:
The Affordable Housing Plan includes the following goals relevant to this case:
1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.
Analysis: A variety or increase of potential housing may help to offer a more diverse range of housing stock on the subject parcels.
2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning between 60%
and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.
Analysis: This information has been provided to the applicant for consideration.
3. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.
Analysis: The Town’s Land Development Ordinance, Community Appearance Manual, and Design Guidelines manual all direct the creation of a quality living environment for the citizens of Cary.
D. Comprehensive Transportation Plan: Yates Store Road Existing Section: Approx. 100’ Right-of-Way, 2-lane road Future Section: 100’ Right-of-Way, 4-lane median divided road
Road Improvements: None scheduled
Sidewalks Requirements: Sidewalks on both sides Bicycle Requirements: 14’ wide outside lanes Transit Requirements: None
Traffic Analysis: An original traffic study was conducted 03-TAR-153 (formerly Forest Oaks) which analyzed a 1,000-seat church, a 500-seat K-8 school, a 1,500-seat high school, 451 single-family houses and 139 multi-family houses. The original scenario generated 1,264 AM trips and 887 PM trips and was based on 2008 build-out. Because the build out year analyzed in the traffic study has passed and conditions in the area may have changed, staff is concerned with the validity and applicability of the original traffic study to analyze this proposed rezoning. Staff worked with the developer’s consultants to identify the parameters of some studies that could be performed by the developer’s consultants to
determine if an extension of the traffic study should be considered by staff and Council. To date, staff has not received this information. Additionally, staff would need the developer to provide some information regarding the decrease of seats in the proposed K-8 school, high school and church uses, so that staff could assess whether the decrease in school and church seats would be greater trips or less trips than the proposed addition of single-family homes. In addition, staff would like to have the status of the multi- family units proposed in the initial traffic study to access overall trips for this PDD as related to the original traffic study. In summary, not enough data has been provided by the applicant to make a determination as to whether a revised/updated/new traffic study is needed.
E. Open Space and Historic Resources Plan:
The 2001 Open Space and Historic Resources Plan (OSHRP) identified some potential open space resources on this site, composed of mixed hardwood/conifer forest. However, these resources are relatively lower ranked in significance compared to other potential open space sites, and are not
designated as high priority open space areas for preservation. However, the Plan’s open space resources inventory did identify lower-priority mixed hardwood/conifer forest on the site.
F. Parks & Greenways Master Plan:
The developer has agreed per the previous PDD approval and subsequent amendments, to dedicate park land in accordance with the Land Development Ordinance. Recreation payment-in-lieu fees in addition to the park land dedication may be required depending on the number of units approved for this site. The location of private, 8’ wide asphalt trail linkages to the adjacent American Tobacco Trail, dedicated park land and Town of Cary public trail will be addressed at subdivision plan approval.
CONSISTENCY WITH THE LAND DEVELOPMENT ORDINANCE
The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided for Staff to review. Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.
Existing and Requested Zoning District Comparison:
Previously Approved PDD
Proposed with Initial PDD Amendment
Current Proposal
Nature of Change Since First Public Hearing
Area designated for School/Church Complex
60.51 acres 20 acres 27.7 acres Proposed PDD Amendment sets a maximum of 32.81 acres for residential within the MU-1 subdistrict Residential units in S-1
Tract
(Propose to be
0 144 144 Portion of Tract SF-6
land area is proposed to be incorporated into
designated as MU-1) MU-1. (Maps have not been provided to verify the exact area.) Maximum number of
Dwelling Units for the Total PDD
650 795 778 Reduction by 17 units
from the original request. Net increase proposed to overall PDD is 128 dwelling units
Gross Density 1.55 1.9 2.5 Increase of .6 units per
acre
Open Space 103.44 139.40 103.44 Town Park area (35.86
acres) is no longer included in the calculation.
Maximum Non- Residential Building Square Footage
240,000 120,000 Not specified Can not be determined based on current information Residential Setbacks
For MU-1 area (Formerly S-1 and portion of SF-6)
7’ Minimum with a 15’ aggregate;
13’ minimum corner side
0’ minimum with a 15’
aggregate;
13’ minimum corner side
3’ minimum;
8’ corner side
Added a minimum side yard setback;
removed aggregate requirement and reduced corner side setback by 5 feet.
Residential Lot Size for MU-1 Area (Formerly S-1 and portion of SF6)
5,200 sq. Ft.
minimum;
5,500 average
No change No change No change
Environmental:
According to the Town of Cary GIS maps, there is a stream buffer along the northern property line of the subject and along the southern most part of the southern boundary line of the subject property. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.
Buffers:
According to the proposed Weldon Ridge PDD Amendment, the applicant is proposing to provide a 50’
Type “A” (opaque) landscape strip along the western portion of the subject request, adjacent to the American Tobacco Trail. Along the eastern property line (Parcel C-1’s western property line), the
applicant is proposing a 10’ Type “A” landscape strip and along the northeastern boundary of the subject request, a 30’ Type “A” landscape strip is proposed. A stream buffer to the north and south buffers this subject request from a Town Park and Weldon Ridge PDD parcel SF-7, respectively.
Streetscape:
According to Chapter 7 (LDO), the applicant will be required to provide a 50’ Type “A” (opaque) buffer along Yates Store Road, that is classified as a thoroughfare.
Staff Observation
Chapter 4 of the Land Development Ordinance states:
In return for greater flexibility in site design requirements, Planned Developments are expected to deliver exceptional quality community designs that preserve the critical environment resources, provide above average open space amenities, incorporate creative design in the layout of buildings, open space and circulation, assure compatibility with surrounding land uses and neighborhood character and provide greater efficiency in the layout and provision of roads, utilities and other infrastructure.
The requested amendment to the existing Weldon Ridge PDD is for the addition of 128 dwelling units to a development plan that is already predominantly residential. The area designated by the applicant for school or institutional use is less than eight acres. Staff’s observation is that without significant land area being designated for nonresidential uses, and no zoning conditions to specify age restrictions for certain housing types, this development functions like a traditional development/subdivision plan. Therefore, reductions to standard residential lot sizes and setbacks are not justified.
CRITERIA FOR CONSIDERATION IN REVIEWING REZONINGS AND PDD’S:
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered in reviewing rezonings:
1. The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;
2. The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);
3. The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while
maintaining sufficient levels of service to existing development;
4. The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;
5. The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract;
6. The proposed zoning classification is suitable for the subject property;
7. The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of
otherwise applicable zoning district standards; and
8. The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).
OTHER REFERENCE INFORMATION
Schools
The subject parcels are within Chatham County. Therefore, any children attending public schools would attend Chatham County schools. The applicant indicated in the initial justification statement that the impact on schools should be minimal since the proposed project will be targeted as an “active adult”
neighborhood. However, age-restricted housing has not been introduced as a zoning condition.
If students lived within the parcels of this subject request, they would attend North Chatham, which serves K-8, and Northwoods High School.
At the time of the initial public hearing, no information was available regarding student enrollment. Since then, staff has learned the following from the Chatham County School Administrative Offices:
• Northwood High School currently exceeds its rated capacity of 714 by 215 students.
• North Chatham K-8 currently exceeds its rated capacity of 489 by 325 students.
• A new middle school in the Briar Chapel Development is planned for the fall of 2010. Once that is completed, North Chatham will be limited to elementary grades, and the enrollment is expected to be closer to rated capacity.
Applicant’s Justification Statement Submitted (August 30, 2007)
The following statements (in italics) are provided by the applicant in response to the criteria (shown in bold) established in the application and does not necessarily represent the views or opinions of the Town of Cary. Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition:
1. Any issues with the size of the tract? Please see the Justification Statement.
2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? Please see the Justification Statement.
3. What are the benefits and detriments to the owner, neighbors and the community? Please see the Justification Statement.
4. How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? Please see the Justification Statement.
5. PDD/new or amended: What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? Applicants must list these items and/or clearly highlight them within the Planned Development document. Please see the Justification Statement.
Justification Statement
Site S-1 in the Weldon Ridge PDD was previously approved as a church/school site. This request proposes to reduce the church/school site to approximately 20 acres and develop the remaining 42.15 ± acres as an “active adult” neighborhood. The adjacent residential site SF-6 was originally approved for this type of lot size and housing product but the tract itself is not large enough to establish the necessary character and appropriate identity for the neighborhood; thus the need to expand the tract. Since this proposal is on a site that is within the Weldon Ridge PDD and almost entirely surrounded by land within the PDD, this request is compatible with the Comprehensive Plan and direction established by the previous PDD approvals and area plan guidelines. Schools would appear to be the one area impacted:
Chatham County schools will not be overloaded due to the “active adult” concept applied to the housing type. With this transition from the school, traffic in the area has been reduced and a different housing type has been validated by establishing a larger number of units but other benefits and detriments remain as previously approved. The uses allowed with the proposed zoning are the same as those previously approved just in different amounts so relationship to uses on adjacent tracts remain virtually the same. No other modifications are proposed to what was previously approved in the PDD.
Ordinance for Consideration 07-REZ-21
Weldon Ridge Planned Development District (PDD) Amendment
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 47.7 ACRES LOCATED IN CHATHAM COUNTY, SOUTHWEST OF THE NEW HOPE SCHOOL ROAD AND YATES STORE ROAD INTERSECTION, OWNED BY FOREST OAKS INVESTORS, LLC FROM WELDON RIDGE PLANNED DEVELOPMENT DISTRICT (PDD) TO WELDON RIDGE PDD AMENDMENT TO ALLOW SINGLE-FAMILY RESIDENTIAL USE ON THE TRACT THAT WAS PREVIOUSLY LIMITED TO CHURCH AND SCHOOL USE.
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) Chatham County Parcel Number(s) (10 digit)
Real Estate ID(s) Area ± (Acres) Forest Oaks Investors, LLC,
Glenn Futrell and Jihad Libbus 150 Towerview Court
Cary, NC 27513
0725-10-7310.000 19865 41.15 ±
Glennjan, LLC 128 Yorkchester Way Raleigh, NC 27615
0724-19-1207.000 portion 19988 portion 1.55 ±
Glennjan, LLC 128 Yorkchester Way Raleigh, NC 27615
0724-19-5311.000 portion 60713 portion 5.00 ±
Total Acres 47.7 ±
Section 2: That this Property is rezoned by amending the previously approved Weldon Ridge PDD to allow single-family residential use on a tract that was previously limited to school and church use and is subject to the individualized development conditions set forth herein and within the Weldon Ridge PDD amendment, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.
Section 3: The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are set forth within the Weldon Ridge PDD Amendment. These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.
Section 4: This ordinance shall be effective on the date of adoption.
Adopted and effective: tbd
Harold Weinbrecht, Jr.,Mayor Date
