Town of Cary, North Carolina

Rezoning Data Sheet

09-REZ-13 Town Center Low Density Residential 12

Town Council Public Hearing – October 22, 2009

REQUEST

To amend the Town of Cary Official Zoning Map by applying a new zoning district (Town Center Low Density Residential-12) to 82 parcels 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)

Valid Protest Petition

To be determined by the October 22, 2009 Town Council Meeting

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)

Total Area: 33.18 ± Acres

TENTATIVE SCHEDULE

Date

Public Hearing

October 22, 2009

Planning & Zoning Meeting

December 21, 2009

Town Council Action

January 28, 2010

Effective Date

February 26, 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.  The portion of the zoning map representing the properties within the Town Center district also represents the land use map for the Town Center Area Plan component of the Town-wide comprehensive plan.  Based on the provisions of the LDO, a change to a land use subdistirct within the overall Town Center zoning district also effectively revises the corresponding area plan.

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

The Town Center Area Plan, 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.

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)

40 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

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

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 8, 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.

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

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

Dry Avenue, Knight Avenue and S. West Street are each designated as Local Streets

Existing Section

Two-lane local street, 50-foot right of way

Future Section

Two-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

Two-lane collector road, 50-foot right of way

Future Section

Two-lane collector road, 60-foot right of way

Sidewalks

Required on both sides

Bicycle lanes

Four-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.

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

08-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 date of adoption.

Adopted and effective: DATE tbd

Harold Weinbrecht, Jr.

Date

Mayor