06-REZ-06 Roberts Farm Property
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06-Rez-06 1. Background Information Current Zoning: Residential 40 Wake County (R-40W) Zoning map Proposed Zoning: Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density) Conformity with Land Use Plan Designation: Yes. The current land use plan is Conservation Residential - Low Density (LDR) and no change is proposed. Acreage: 27.19 Location: North side of Roberts Road Vicinity map Applicant: Brad Nelson Applicant’s Contact: Travis Morehead Town of Cary Case Manager: Ricky Barker, Associate Planning Director 2. Summary of Requested Rezoning Since this property is outside of the Town’s extraterritorial jurisdiction, an initial zoning is required to designate the Residential-40 District in Cary and to include the property within the Conservation Residential Overlay District. The overlay district will allow the applicant to create a subdivision with a maximum gross density up to 2.5 units per acre. Future Roadway Section: Roberts Rd. 2-lane w/ paved median, 67’ ROW Schedule: Not scheduled Sidewalk Requirements: both sides Bicycle Requirements: 14’ wide outside lane required Transit Requirements: None B. Traffic Impact Analysis A density for R-40 zoning does not require a traffic study. C. Parks & Greenways · A payment-in-lieu will be required if subdivided to meet the Land Dedication Ordinance · The PRCR Advisory Board will review this project at its May 1, 2006 meeting. 3. Feedback at Town Council Public Hearing: One Council member expressed a concern with the ability to develop the property at a density of 2.5 through the Conservation Overlay District. 4. Staff Observation on Rezoning: The requested zoning is consistent with the Cary Land Use Plan. Specifically the Southwest Area Land Use Plan allows the development of property at a maximum density of 2.5 units per acre provided that a certain amount of extra open space is provided with the development and that certain other development standards are followed. 5. Planning and Zoning Board Recommendation (May 15, 2006) The Planning and Zoning Board voted 7-0 to recommend the adoption of the ordinance to approve the amendment as presented because it is consistent with the Southwest Area Plan element of the Comprehensive Plan. 06-REZ-06 Roberts Farm Property
[Vote] Motion #2 To adopt the ordinance amending the zoning map from Residential 40 Wake County (R-40W) to Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density) as set forth in associated document and map dated June 22, 2006 as referenced in the Ordinance. [Vote] TO DENY This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because ________________. [Vote] Motion #2 To deny the ordinance amending the zoning map. [Vote] 7. Reference Information Meeting Schedule Town Council Public Hearing Date: April 27, 2006 Action: Forwarded to the May 15, 2006 P&Z Board meeting Planning & Zoning Board Date: May 15, 2006 Action: Forwarded to Town Council for approval (7-0) Town Council Action Date: June 22, 2006 Applicant’s Justification Statement Submitted February 27, 2006 (Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary) The applicant wishes to rezone this parcel to Residential 40 in order to utilize the Conservation Overlay District that was created in the Southwest Area Plan. Under that option, the applicant would intend to create a single-family detached subdivision that would comply with the Southwest Area Plan’s goals and intent. Schools The school information is being provided for your review; however, the Wake County
Current Enrollment and Building Capacity is based on the 20th day of the school year for 2004 as supplied by the Wake County Public School System. School assignment will be determined at the time of development. The Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. Development Plan Issues The purpose of a rezoning is to evaluate the appropriateness of this land use for these parcels 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 spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. All such requirements can be found at http://www.amlegal.com/library/nc/cary.shtml. 8. Ordinances for Consideration 06-REZ-06 Roberts Farm Property AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 27.19 ACRES LOCATED ON THE NORTH SIDE OF ROBERTS ROAD BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY: Section 1: The Official Zoning Map is hereby amended by rezoning from R-40 Wake County to Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density) the area described as follows:
Section 2: That the rezoning from R-40 Wake County to Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density) is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines. Section 3: This property will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance. Section 4: Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO Section 5: This ordinance shall be effective on the date of adoption. (Signed) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||