06-REZ-34 Napowsa Property Rezoning Staff Report to Town Council

Background Information  

Existing Zoning:  Residential 40 Wake County (R-40 W) Zoning map  

Requested Zoning:  Residential 20 (R20) Proposed zoning map  

Land Use Plan Designation:  Land use map
Low Density Residential (1-3 dwellings per acre).  The requested zoning complies with the Land Use Plan.  

Acreage:  0.85±  

Location:  1404 Holt Road Vicinity map  

Applicant: Town of Cary Planning Department  

Town of Cary Case Manager:

Debra Grannan, Senior Planner

316 North Academy Street

Cary, NC 27513

(919) 460-4980

Debra.grannan@townofcary.org  

Summary of Requested Rezoning  

This property was annexed by the Town of Cary on November 14, 2006.  The land is currently zoned under the Wake County classification of Residential 40 (R40-W.)  Because the lot size is less than 40,000, square feet Cary’s closest equivalent zoning designation is Residential 20 (R20.) There is one dwelling unit on the property.  The lot size does not permit any additional lots.  

A.  Transportation
Existing Roadway Section:  Holt Road: 2 lanes, 60’ right of way (ROW)

Future Roadway Section:  2 lane road with median

Schedule:  N/A

Sidewalk Requirements:  required on both sides

Bicycle Requirements:  14’ wide outside lane required

Transit Requirements:  None  

B.  Traffic Impact Analysis:  No increase in number of lots; a traffic impact study is not required.  

C.  Parks & Greenways:  Greenways and trails map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site. 

Reference Information  

Meeting Schedule: 

Town Council Public Hearing  
Date:  January 11, 2007
Action:  Forwarded to the Planning and Zoning Board meeting in February  

Planning & Zoning Board  
Date:  February 19, 2007
Action:  Recommended unanimously for approval  

Town Council Action:  
Date:  March 8, 2007
Action:

Justification Statement

An applicant’s justification statement is not required since this case is being initiated by the Town in order to establish a Cary zoning district.  

Schools

The current lot size is 37,026 square feet.  With a zoning of R20 there would not be room to create any additional lots, and therefore the existing impact on area schools would not be increased.  

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.

Changes since the Public Hearing
None

Feedback at the Public Hearing
Staff presented the rezoning case.  The property owner was not present but staff explained to the Council that they were not required to attend.  No one spoke in favor of or opposed to the request and there was not discussion.

Staff Findings
The application of Residential 20 (R20) zoning to the subject property will not increase the number of lots possible on this site and therefore, has minimal impact on adjacent property owners. The existing dwelling on the site will conform to setback and lot size requirements for the requested zoning. Staff recommends approval of the rezoning.

Planning and Zoning Board Recommendation: On February 19, 2007 the Planning and Zoning Board voted unanimously to recommend approval of this request for the reasons cited by Staff.

Ordinance for Consideration:  06-REZ-34 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY .85 ACRES LOCATED along Holt Road owned BY E. WARREN AND PATRICIAL NAPOWSA. FROM R 40 Wake County (R40 W) TO Residential 20 (R20).

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 (“Property”):  

Section 2:  That the Property is rezoned from Residential 40 Wake County (R40 W) to Residential 20 (R20) subject to 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. 

(Signed)                                                                                                                                                                                                                                                                                                                                                                                     __________(date)