Staff Report for Town Council
Meeting Date: October 26, 2017 17-REZ-17 Arthur Pierce Road Rezoning
Purpose: Take final action on proposed rezoning request Prepared by: Katie Drye, Planning
Speaker: Katie Drye, Planning
Executive Summary: The applicant has requested the Town consider an amendment to the Town of Cary Official Zoning Map by applying initial Town of Cary zoning to approximately 22 acres, located at 3500 and 3512 Arthur Pierce Road, from Wake County Residential 30 (R-30) to Transitional Residential Conditional Use (TR-CU) to allow the development of a maximum of fifty (50) age-restricted detached dwellings with associated conditions.
There is an associated Owner-Initiated Annexation Petition with this rezoning request - 17-A-08
Recommendation: That Town Council approve this rezoning request with the conditions as proposed by the applicant. See below for more information on the recommendation.
Planning and Zoning Board Recommendation: Recommended for approval by a vote of 5-1.
The rezoning has an associated Consistency and Reasonableness Statement.
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 County Parcel Numbers(10-
digit) (PIN)
Real Estate
IDs (REID) Addresses Acreage 3500 Arthur Pierce LLC
3308 Glenhope Ct Cary, NC 27511
0760279100
(Portion) 0037054
(Portion) 3500 Arthur
Pierce Road 21.38 Glynis M, and
Guy Dale Young
3512 Arthur Pierce Road Apex, NC 27539
0760268523 0174096 3512 Arthur
Pierce Road 1.0
Total Area 22.38
Click on map to see surrounding development activity.
OVERVIEW
Location of Subject
Properties 3500 and 3512 Arthur Pierce Road
Schedule Town Council
Public Hearing July 27, 2017
Planning & Zoning Board Public Hearing September 25, 2017
Town Council October 26, 2017 Existing Zoning District(s) Wake County Residential 30 (R-30)
Existing Zoning Conditions None Proposed Zoning
District(s) Transitional Residential Conditional Use (TR-CU) Proposed Zoning
Conditions 1. Use shall be limited to detached residential and neighborhood recreation.
2. The maximum number of lots shall be fifty (50).
3. The minimum lot size shall be 6,000 square feet.
4. The minimum lot width shall be fifty (50) feet.
5. The community gathering space shall be a minimum of 10,000 square feet.
6. Prior to request for subdivision plat approval for the property, the developer or owner shall provide the Town a report from a structural engineer licensed to practice engineering in North Carolina (“Report”) regarding the structural condition of the terra cotta tile curing barn (“Barn”) that is located on the property. If the Report indicates the Barn is not structurally sound, the owner or developer shall have no further obligations regarding preservation of the Barn. If the Report indicates the Barn is structurally sound, the Barn shall become part of the private common area of the development. On the same day that the first plat for the subdivision of the property is recorded, the developer of the Community shall convey the private common area, including the Barn, to a homeowner’s association (HOA). Prior to applying for any building permits, the developer or owner shall provide to the Town an opinion letter from an
attorney, licensed to practice in North Carolina, stating that the private common area and Barn have been conveyed to an HOA. The Barn shall remain on the property in its existing location until its conveyance to the HOA.
7. Use of the property shall be limited to age-restricted housing and associated amenities. Within two (2) weeks after the final subdivision plat for each phase of the residential community (“Community”) is recorded, developer of the Community shall record with the applicable Register of Deeds Office a Declaration of Covenants, Conditions, and
Restrictions (“Declaration”) restricting that phase of the Community. The Declaration shall provide that at least eighty percent (80%) of all occupied units shall have as a resident at least one person age 55 or older (“age restriction”). Prior to applying for any building permits, the owner shall provide to the Town an opinion letter from an attorney, licensed to practice in North Carolina, that the age restriction was drafted and recorded in a form that the attorney, in her/her exercise of customary professional diligence, would reasonably recognize as compliant with the Fair Housing Act, § 42 U.S.C. Sec. 3601, et seq., and the North Carolina State Fair Housing Act, N.C. Gen. Stat.
§ 41A-1, et seq.
Town Limits The subject properties are located outside the corporate limits and the Town of Cary ETJ. An owner-initiated
annexation petition, 17-A-08, has been submitted by the property owner in conjunction with this rezoning request.
Staff Contact Katie Drye 919-469-4085
Applicant 3500 Arthur Pierce LLC, and Glynis M and Guy Dale Young Applicant’s Contact Glenda Toppe
Glenda S Toppe and Associates 4139 Gardenlake Drive
Raleigh, NC 27612
