09-REZ-13 Town Center LDR-12


Town of Cary, North Carolina
*Staff Report to the Town Council*
*09-REZ-13* *Town* *Center* *Low Density Residential 12*
*January 28, 2010*


REQUEST		To amend the Town of Cary Official Zoning Map by applying a new zoning district (Town Center Low Density Residential-12) to 81 parcels of land in the existing Town Center Low Density Residential zoning district. This amendment to the zoning would also be reflected in the Comprehensive Land Use Plan.
Location				Properties within the Russell Hills subdivision, and certain parcels immediately adjacent to these properties. The subject properties are bordered by Dry Avenue on the north and by S. Harrison Avenue and Kent Drive on the South, by Knight Avenue on the west and by S. West Street on the east.									Town Limits		Yes
													ETJ		Yes
Deeded Acreage				33.18 ±
Existing Zoning District				Town Center Low Density Residential (TC-LDR)
Proposed Zoning District				Town Center - Low Density Residential 12 (TC-LDR12)
Planning and Zoning Board Recommendation				Recommended for approval by a vote of 5 to 2
Valid Protest Petition				No valid Protest (Two protest petitions were submitted. They did not include an area large enough to constitute a valid protest for the case.)
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 and can be found at: http://www.amlegal.com/library/nc/cary.shtml.

*Public commentary is available for this request by clicking here. Results from Public Commentary are available by clicking link at the bottom of this datasheet.*

SUBJECT PARCELS
Property owner and parcel information for the individual properties is provided in the Ordinance at the end of this report. The subject area includes 77 lots plus four small properties.
Total Area: 33.18 ± Acres

SCHEDULE
						Date
Public Hearing						October 22, 2009
Planning & Zoning Meeting						December 21, 2009
Town Council Action						January 28, 2010

contact Information
Staff Contact		Debra Grannan, Senior Planner
		(919) 460-4980
		Debra.grannan@townofcary.org
PROJECT SUMMARY
This proposed rezoning is to consider creating a new subdistrict within the Town Center zoning district and area plan. The action was taken in response to a petition from residents of the Russell Hills neighborhood, concerned over the greater residential intensity and the reduced setbacks permitted by the Town Center-Low Density Residential (TC-LDR) District as compared to the existing development patterns in the neighborhood.
This rezoning accompanies a proposed change to the current Land Development Ordinance (LDO Round 13) with respect to certain dimensional requirements of the TC-LDR zoning subdistrict. Staff will ensure that the recommended dimensional standards in both cases are consistent.
The rezoning and LDO amendment in combination would establish a new subdistrict (TC-LDR12) for a portion of the properties presently designated as TC-LDR. The development density and uses currently associated with TC-LDR would not be changed with these proposals. Essentially, the new designation modifies certain existing dimensional standards, such as minimum required lot size and building setbacks, applicable to the TC-LDR subdistrict.

SITE DATA
Existing Land Use		Single-family Residential
Land Use Plan Designation		Low Density Residential
Streams		Several properties in the district are impacted by a stream buffer. If a subdivision plan is required for future development, LDO standards for stormwater management and urban transition buffers would apply.
Floodplain and Wetlands		Cary’s GIS maps do not indicate any floodplain or wetlands on the subject properties.
Surrounding Land Uses		North			Single-family residential
		South			Religious institution, cemetery and single-family residential
		East			Single-family residential
		West			Single-family residential and religious institution

CONSISTENCY WITH LAND DEVELOPMENT ORDINANCE
Land Use			While the existing TC-LDR district allows an increase of 1.8 dwellings per acre over that permitted in R-12, the reduced lot size, width and setbacks also allow larger homes to be constructed on smaller lots. These homes may be located closer to the street and may be built on one side lot line with no setback. Such homes may seem out of character with the older existing homes in the neighborhood.
			The proposed rezoning to TC- LDR 12 will ensure compatibility of new construction with the existing homes while not discouraging the reinvestment that is occurring in the neighborhood.
Density and Dimensional Standards								Existing Zoning District TC LDR				Proposed Zoning District TC LDR 12
			Max. Gross Density					4 du/acre				3 du/acre
			Min. Lot Size					8,000 square feet				12,000 square feet
			Minimum lot Width					50 feet (55 feet for corner lot)				80 feet
			Front Yard Setback					10 feet (18 feet where parking is provided in front)				30 feet *
			Side Yard Setback					16 feet total (Only one required)				10 feet
			Rear Yard Setback					10 feet				15 feet
			Maximum Bldg. Height					35 feet				No Change
*Reflects the 30-foot front-yard setback proposed in LDO Amendment Round 13, Item#13J
Open Space			Heater Park, a 1.49 acre Town Park designed for passive recreation, is centrally located to the subject properties.
Traffic			If approved, the new zoning district will create no net increase in the number of dwelling units, therefore, a traffic study is not required.

SUMMARY OF PROCESS AND ACTIONS TO DATE
Planning and Zoning Board Meeting December 21, 2009					Staff presented the associated LDO Amendment to create the TC LDR12 district prior to the rezoning case and explained that the district must be created prior to the rezoning.
					Several board members asked if and how the neighborhood homeowner’s association would regulate the setbacks requested by the citizens. Staff explained that the Town did not have any authority over HOA by-laws, only zoning. One board member felt that the new zoning district was creating a special zoning district for a specific neighborhood. Another member stated that this was appropriate because it was returning the neighborhood to its original zoning prior to the Town Center District.
					Staff explained that a 40-foot front-yard setback would render nine existing homes nonconforming and therefore, proposed a 30-foot front-yard setback in the associated LDO Amendment to create the new district.
					Recommended for approval 5 to 2 with the understanding that the proposed zoning would reflect the 30-foot front-yard setback recommended in the associated LDO Amendment
Town Council Public Hearing October 22, 2009					Staff reported that two protest petitions had been submitted and that one person had voiced opposition to the rezoning via Neighborhood America. One citizen spoke in opposition to the proposal, stating that the proposal diminished her property value and impacted her ability to expand or improve her existing dwelling.
					Several citizens spoke in support of the proposal stating that preserving the character of the existing neighborhood protected property values. Two citizens raised concern about the notification when the subject properties were changed originally from R12 to TC LDR zoning.
					One Town Council member asked that a history of the original Town Center Zoning be provided. That has been included in this report.
Notification					On October 6, 2009 notice of the request for rezoning and the October 22, 2009 public hearing was mailed to all property owners within 400 feet of the subject properties. On October 7 and 14, 2009 an advertisement was placed in the Cary News providing general notice of the public hearing.
					Several properties in the vicinity of the proposed rezoning were posted on October 13, 2009.
Neighborhood Meeting					Town staff scheduled a neighborhood meeting on October 12, 2009 at the Page-Walker Arts and History Center. All property owners impacted by the proposed rezoning, as well as property owners within 400 feet of the subject properties, were invited to attend.

History of Initial Town Center District Zoning
The Town Center Area Plan (TCAP) was adopted in 2001.
Following plan adoption, an economic consultant was hired by the town to evaluate economic strategies for the downtown residential and business districts. A steering committee was formed to work with the consultants to further refine land use goals and objectives. At the time, the committee anticipated increases in mass transit and downtown development projects.
The process for codifying the Town Center Zoning District to reflect objectives of the TCAP and to implement the recommendations of the economic steering committee was initiated in 2002 as part of a much larger project, the implementation of the new Land Development Ordinance. The objective was intended to stimulate redevelopment within the Town Center.
While the TCAP plan proposed little change to the residential districts in the Town Center District in terms of use and density, the LDO proposed specific changes to lot sizes and setback requirements.
The first record of public notification indicates that on November 8, 2002, 14,975 letters were mailed to Cary property owners notifying them of information sessions regarding the proposed LDO and proposed zoning changes. Of those property owners, 1,347 were located in the TCAP area.
Public hearings were held on February 13 and 28, 2003. A written notification of the public hearings was mailed to 9,964 properties. The subject properties in this rezoning case were included on that list.
A Planning and Zoning Board Work Session was held on March 11, 2003 to discuss the proposed changes. In addition, and two Town Council Work Sessions were held on April 17 and 22, 2003.
A third public hearing before Town Council was held in May 8, 2003. Because there were no changes proposed to the TC LDR district since the initial public hearings, the subject properties of this rezoning case were not mailed a second notice. Most of the discussion focused on Town Center commercial uses and how the proposed Ordinance amendments would impact those properties. The case was referred to the Planning and Zoning Board.
On May 19, 2003, the Planning and Zoning Board voted unanimously to recommend the LDO for approval.
The Town Council unanimously approved the new LDO on June 26, 2003 and the Ordinance became effective on July 1, 2003.

Criteria for Consideration in Reviewing Rezonings
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;

Applicable Comprehensive or Area Plan Requirements
Plan element	STAFF COMMENTS
Land Use Plan	The proposed zoning is consistent with the plan of 1 to 4 dwelling units per acre.
	The Town Center Area Plan (TCAP), adopted in August 2001, has among its goals the preservation of the health and small town character of its neighborhoods, while anticipating an increase in the residential densities within the downtown area. Land assembly and infill development on vacant lots were strategies contained in the Plan to achieve the desired increase in density. With the Town’s planned investment in the downtown streetscape improvements, downtown park, Cultural Arts Center (old Cary Elementary School) and Performing Arts Center, new growth and development in the downtown area is both inevitable and desired.

Affordable Housing Plan	The following Affordable Housing Goals are applicable to the proposal:
	1. Promote the preservation of the Town of Cary’s existing housing stock through housing rehabilitation resources to maintain the affordable housing that already exists in the community.
	2. Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons
	3. Actively participate in the renewal of neighborhoods suffering from physical deterioration or from the inequitable distribution of public resources in the past.
	4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

Comprehensive Transportation Plan	S. Dixon Avenue, Heater Drive, Shirley Drive, Robert Street, Dry Avenue, Knight Avenue, and S. West Street are each designated as Local Streets

	Existing Section						2-lane local street, 50-foot right of way
	Future Section						2-lane local street, 50-foot right of way
	Sidewalks						Required on one side
	Bicycle lanes						None required
	Transit						None
	Status of Planned Improvements						None scheduled by the Town
	S. Harrison Avenue is designated as a Collector
	Existing Section						2-lane collector road, 50-foot right of way
	Future Section						2-lane collector road, 60-foot right of way
	Sidewalks						Required on both sides
	Bicycle lanes						4-foot bike lanes on both sides
	Transit						None required
	Status of Planned Improvements						None scheduled by the Town
Parks & Greenways Master Plan	According to the Parks, Recreation and Cultural Resources Facilities Master Plan, a greenway trail is proposed in the vicinity of the southernmost subject properties that back up to the cemetery. Heater Park is also located within the boundary of the area to be rezoned.
	A recreation payment-in-lieu will be required if and when new lots are subdivided in accordance with the Land Development Ordinance.
Open Space and Historic Resources Plan	According to the Open Space and Historic Resources Plan there were no parcels identified as priority, proposed open space within the boundary of the proposed rezoning except for Heater Park. The Town does own .32 acres of open space at the southeast corner of Dry and Dixon Avenues. Property near the southeast end of Knight Avenue was identified in the Plan as having mixed hardwoods and conifers on site.

STAFF OBSERVATIONS
It is appropriate to re-evaluate Ordinance regulations for their effectiveness and impacts once the standards have actually been implemented.
Promoting growth and higher density in the Town Center District remains an important goal for the Town; however, ensuring harmony with established neighborhoods is also a significant concern.
Zero lot line provisions have been found to create challenges from a building code perspective. Requiring a 10-foot minimum side-yard setback ensures compliance with minimum building separation requirements and allows property owners to maintain their home and access the rear of the property without needing to encroach on adjacent property. Staff’s observation is that it is appropriate to replace the current requirement for an aggregate of 16 feet with only one side-yard setback required with a requirement for 10-foot minimum side yard setbacks.
A 40-foot front yard setback exceeds dimensions in all other zoning districts. Furthermore, requiring a 40- foot setback would render nine existing homes as legal nonconformities. Each of these homes was constructed prior to the establishment of the Town Center zoning district in 2003.
A 30-foot front-yard setback is more consistent with typical ordinance standards for residential neighborhoods of similar densities along collector roadways, and would allow owners of existing older homes to improve or expand their structures. A minimum 12,000-square-foot lot and proposed minimum lot width of 80 feet would be more consistent with the existing neighborhood.
School Impacts
No increase in the number of dwelling units or lots is proposed with this rezoning proposal.

*On-Line Public Feedback*
In keeping with Town Council policy regarding citizen involvement in the planning & development process, we have created a new opportunity for interested citizens to provide comments on this case. In addition to speaking at community meetings and public hearings, you can also use the associated "Public Comment" page to share your opinions and concerns. Your feedback will be made available to other residents, the Town Council, the Planning & Zoning Board, and the applicant as this item is evaluated and considered over the next few months.

Click here to view comments received so far.


ORDINANCE FOR CONSIDERATION
09-REZ-13 Town Center Low Density Residential 12

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 33.18 ACRES, LOCATED WITHIN THE RUSSELL HILLS SUBDIVISON AND CERTAIN PARCELS IMMEDIATELY ADJACENT TO THESE PROPERITIES OWNED BY THE PROPERTY OWNERS LISTED IN SECTION 1 BELOW, BY REZONING FROM TOWN CENTER LOW DENSITY RESIDENTIAL TO TOWN CENTER LOW DENSITY RESIDENTIAL 12.
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)			Area ±
														(Acres)
MCALLISTER, SCOTT W & LEUELLA L									0763293974		0021291			0.32
PEREGOY, ELIZABETH STEED									0763393458		0044875			0.59
EHRLICH, PAUL ROGER									0763293646		0043290			0.35
PJ SMITH CONSTRUCTION CO INC									0763390267		0041875			0.57
WEST, JIMMIE LEE & KATHERINE H									0763390144		0052087			0.36
MCFEE, WYOLENE									0763391173		0045835			0.40
BRANDON, BRETT A & TARA A									0763395209		0044987			0.46
CARY TOWN OF									0763397859		0174341			0.06
TROJAN, STEPHANIE A									0763396368		0037771			0.36
HARNED, DOUGLAS A & DIANE S BECKMAN									0764205054		0030436			0.31
BECK, BARBARA L									0763396281		0005398			0.48
EARLS, ALFRED W & RUTH W									0763298629		0015179			0.83
STEPHENS, TOMMIE N & ISABEL B									0763393231		0067356			0.40
SUDDABY, ROBERT R B & VIOLA G									0763294445		0069723			0.38
HARKEY, ADRIAN B & VICTORIA M									0763298418		0074163			0.37
BRADY, ROSALEEN S									0763391559		0007600			0.33
TOMLIN, W H									0764301077		0071034			0.56
GAERTNER, MELVIN J									0763292404		0024031			0.52
HOYME, CARMEN K									0763298864		0051320			0.46
COGHILL, SARA C									0763293897		0013913			0.36
FROBERG, SVEN O									0764202026		0023644			0.29
BALLINGTON, JAMES R JR & FAYE B									0763396038		0043509			0.51
FOLSOM CONSTRUCTION CO LLC									0763292830		0025371			0.33
FITCH, MILES M III & JENNA B									0763396854		0048648			0.52
DIEBOLT, HENRY J & SHARON B JR									0763288919		0018236			0.38
LEON-RUIZ, JUAN									0764208067		0023120			0.48
ROBINSON, JAMES ERIC & BRENDA L									0763384969		0006939			0.44
MARTIN, SYDNA J									0763292927		0044428			0.28
MORRIS, ERIC J									0763393050		0015811			0.29
MORMINO, JOHN DAVID & JANE E									0764203063		0061800			0.30
MCCRACKEN, ROBERT L & CYNTHIA S									0763393615		0071046			0.28
HOFFMAN, TERRY M									0764206066		0007288			0.43
RHOADES, BARBARA ANN C									0763396644		0015306			0.45
OLDERMAN, JEANNE CAROL									0763394613		0011233			0.44
HANSON, STEPHEN RAY & LAIRE BETH									0763298027		0025384			0.38
HAROLDSON, MITCHELL ALAN									0763390040		0016830			0.83
FOLSOM, PAUL W & JULIE W									0763298421		0022867			0.38
SNELLING, LAYNE K & MARTHA MAYBERRY									0764303078		0006574			0.55
LEHMAN, GERALD J & JOANA P									0763391308		0041562			0.64
MATTHEWS, JOSEPH D JR									0763392159		0069059			0.39
RAYNO, DONALD R & CYNTHIA W									0763390651		0029785			0.51
KIBLER, DAYTON STONE & MICHELLE LEE									0763296734		0039001			0.37
LILLISTON, ANDREW W & ELIZABETH M									0763382812		0064030			0.35
SLADE, JOHN A & JULIA C									0763382977		0064419			0.28
ARONER, JAMES R									0763298233		0016488			0.39
FUSSELL, NATALIE V									0763392632		0061623			0.28
GREGORY, DURWOOD A									0763396547		0026473			0.47
RAGOUZEOS, ARIS & BECKY R									0763298527		0041844			0.45
TAYLOR, KENNETH R & PEGGY R									0763292667		0029847			0.31
DITCHEOS, NICHOLAS GEORGE									0764302078		0023122			0.56
CHADA, EDWARD H									0763296602		0025585			0.38
BURKE, J L									0763381628		0084010			0.85
DAVIDSON, B L									0763382930		0016771			0.27
SMITH, KYLE									0763297856		0367474			0.21
RALPH, FRANK K III									0763296886		0008792			0.33
LYTLE, CHARLES F									0763294727		0043291			0.34
ROBERSON, RONALD K & KAREN T									0763293434		0002436			0.43
LUMPKIN, AMY SUE									0764209067		0027737			0.55
CARY TOWN OF									0763295885		0043130			0.32
ALCORN, KATHERINE									0763296403		0048086			0.34
GODBOLD, ROBERT V									0763292829		0025370			0.33
HEATER, R O & JESSIE C									0763397758		0174346			0.02
HAROLDSON, MITCHELL A & GINGER N									0763298312		0039658			0.38
GREEN, HORACE J									0764300077		0026184			0.57
REDFOOT, RICHARD S & LESLIE S									0763396775		0066207			0.48
DAVIS, WILBERT R HEIRS									0763396437		0017227			0.43
HOLLAND, ROBERT J									0763394211		0032204			0.39
EDWARDS, WILLIAM E & LOIS S									0763288922		0020412			0.36
HARTLEY, KEITH A & DONALD E COUTUR									0763296521		0048087			0.37
HUTCHBY, ELIZABETH R									0763396993		0062071			0.37
CARY TOWN OF									0763393584		0362122			0.06
WAYMAN, JOSEPH R & JOY M									0763291679		0029794			0.46
FOLSOM, PAUL W & JULIE W									0763297402		0245665			0.03
BARBIERI, JOHN D									0764207069		0072081			0.43
BOYKIN, CAROL SMITH & JAMES R									0763395062		0065669			0.58
AMOS, DWAYNE E & AMY J									0763294655		0039907			0.32
STALLINGS, JEANNE LEIGH									0763298126		0015507			0.37
NEWTON, RICHARD A & PATRICIA S									0763380768		0020821			0.57
CARY TOWN OF									0763392521		0362121			0.02
CLARY, NANCY K									0763393369		0006086			0.65
BAYLEY, CHARLES D & ALEXANDRA S									0763391408		0005133			0.49

Total Acres														33.18±

Section 2: That this Property is rezoned from Town Center Low Density Residential to Town Center Low Density Residential 12 subject to the individualized development conditions set forth herein, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3: This ordinance shall be effective on the same date the LDO Amendment to add the TC LDR 12 zoning district is adopted.

Adopted and effective: January 28, 2010


		Harold Weinbrecht, Jr.								Date
		Mayor