07-REZ-08 Park at Westlake
Rezoning Staff Report to the Town Council
07-REZ-08 Park at
Request
The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 23.78 acres located southwest of the Optimist Farm and West Lake Roads intersection and northwest of the South Cary Water Reclamation Facility from Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W) to Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12).
The Town is proposing initial zoning for this property, which is associated with a citizen-initiated annexation request. The reason for this proposed initial zoning is that the property is currently under
In 2002, the Council approved the development of the 353 acre parent parcel with Town utilities without annexation and allowed subdivision approval through the Wake County Residential 30 zoning district cluster option. Due to State law requirements, the Town was unable to accept a citizen-initiated annexation petition because the property was closer to
The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified 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
Background Information
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Applicant |
Town of | |||||
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Agent |
Town of | |||||
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Acreage |
23.78 ± | |||||
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General Location |
Southwest of the Optimist Farm and West Lake Roads intersection and northwest of the South Cary Water Reclamation Facility | |||||
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Hearings / Meetings |
Public Hearing |
Planning & Zoning |
Town Council | |||
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Land Use Designation |
Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster | |||||
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Town Limits |
Corporate Limits |
ETJ |
Outside ETJ X | |||
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Annexation |
Not Required |
With Site Plan |
With rezoning X | |||
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Valid Protest |
Protest petitions are not applicable to a map amendment (rezoning) that initially zones property that is being added to the Town’s jurisdiction by annexation | |||||
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P&Z Recommendation |
Forwarded to Town Council with a recommendation for approval 9-0 | |||||
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Existing Use |
Single Family Detached Residences and Vacant (However, the vacant land was approved on a subdivision plan through | |||||
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Proposed Use |
Single Family Residences | |||||
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Final Council Action |
Council voted 7-0 to approve this request | |||||
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Case Manager & Contact Information |
Jennifer Currin Email: jennifer.currin@townofcary.org Phone: (919) 469-4342 Mailing Address: | |||||
Public Notification: On
Feedback at the Town Council Public Hearing: No citizens spoke at the public hearing. There were no questions or comments from Council members.
Changes since the Town Council Public Hearing: None
summary
Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest. The requested initial zonings of Resource/Recreation (R/R), Transitional Residential (TR), and Residential-12 (R-12) are compatible with the Wake County Residential-20 CUD (R-20 CUD W) and Residential-30 (R-30 W) zoning districts.
The applicant has submitted the following proposed zoning conditions: None
Planning and Zoning Board Recommendation
As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows: The Planning and Zoning Board met on August 20, 2007 and voted 9-0 to forward this case to the Town Council with a recommendation of approval because the proposed amendment is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report.
Changes since the Planning and Zoning Board Meeting: None
Consistency with the Comprehensive Plan
A. Land Use Plan: The Land Use Plan designation is Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster. The property was developed in
B. Transportation
Existing Section: 50’ Right-of-way, residential streets
Future Section: 50’ Right-of-way, residential streets
Road Improvements: N/A
Sidewalks Requirements: Sidewalk on at least one side
Bicycle Requirements: N/A
Transit Requirements: None
Traffic Analysis: N/A
C. Parks & Greenways: Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities there are no issues related to this site. According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.
D. Environmental: According to the information available to staff, there are no lots platted into the stream buffer.
E. Buffers: As provided in accordance with the Wake County Zoning Ordinance.
F. Streetscape: As provided in accordance with the Wake County Zoning Ordinance.
Town Council Criteria for Consideration in Reviewing Rezonings:
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town Council should consider 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;
Ordinance for Consideration
07-REZ-08 Park at
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 23.78 ACRES LOCATED SOUTHWEST OF THE OPTIMIST FARM AND WEST LAKE ROADS INTERSECTION AND NORTHWEST OF THE SOUTH CARY WATER RECLAMATION FACILITY OWNED BY NUNN BETTER CUSTOM HOMES, INC., KERR-SMITH HOMES & LAND, INC., ARMSTRONG CUSTOM HOMES, INC., L & L OF RALEIGH, INC., HEAVENLY HOMES - KEVIN R. SWARTZ, INC., WINSLOW PROPERTIES DEVELOPMENT CO., BRASWELL CONSTRUCTION COMPANY, INC., NANCY & LARRY COE, JR., ROBERT & NATALIE PEROTA, LORRAINE & PATRICK MURRAY, JEFFREY & PAULA REIHL, STEVEN & AMANDA STRAWBRIDGE, TIMOTHY & CHRISTINE OSBORNE, ERIC & ELLEN NIELSEN, JOHN PATTATI, JR. AND KEVIN REINERT HOMES, INC. FROM RESIDENTIAL-20 CONDITIONAL USE WAKE COUNTY (R-20 CU W) AND RESIDENTIAL-30
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):
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PARCEL & OWNER INFORMATION | |||
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Property Owner(s) |
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Real Estate ID(s) |
Acres ± |
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Nunn Better Custom Homes, Inc. 4408 Alden Mist Court Apex, NC 277539 |
0679046176 0679035844 0679047028 |
0356661 0356667 0356662 |
0.28 0.30 0.35 |
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Kerr-Smith Homes & Land, Inc. |
0679046314 0679131408 0679220748 0679122761 0679120743 0679037746 0679036727 0679035913 0679044159 0679044336 |
0356658 0356265 0356292 0356283 0356272 0356665 0356666 0356668 0356671 0356656 |
0.36 0.75 0.36 0.29 0.29 0.49 0.41 0.40 0.35 0.35 |
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Armstrong Custom Homes, Inc. |
0679125867 0679123868 0679123728 0679122603 0679121545 |
0356287 0356285 0356284 0356282 0356281 |
0.28 0.30 0.35 0.27 0.29 |
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L & L of Raleigh, Inc. |
0679047328 0679028739 0679029856 0679037878 0679037948 0679044091 0679044170 |
0356659 0356274 0356273 0356664 0356663 0356669 0356670 |
0.33 0.41 0.40 0.29 0.32 0.44 0.35 |
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Heavenly Homes - Kevin R. Swartz, Inc. |
0679133096 0679124865 0679121406 0679028581 0679127843 |
0356262 0356286 0356280 0356277 0356289 |
0.31 0.39 0.28 0.34 0.29 |
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Winslow Properties Development Co. |
0679048075 0679138042 |
0356672 0356293 |
1.76 0.88 |
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Braswell Construction Company, Inc. |
0679132282 0679133121 0679134085 0679135086 0679126858 0679129737 0679120891 |
0356264 0356263 0356261 0356260 0356288 0356291 0356271 |
0.35 0.28 0.30 0.29 0.28 0.31 0.36 |
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Kevin Reinert Homes, Inc. 204 New Edition Court |
0679029559 0679131311 0679131210 0679120338 0679029420 |
0356276 0356266 0356267 0356279 0356278 |
0.31 0.33 0.35 0.35 0.35 |
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Nancy & Larry Coe, Jr. |
0679122908 |
0356269 |
0.40 |
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Robert & Natalie Perota |
0679131038 |
0356268 |
0.36 |
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0679121859 |
0356270 |
0.34 |
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Jeffrey & Paula Reihl |
0679137009 |
0356259 |
0.59 |
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Steven & Amanda Strawbridge |
0679045335 |
0356657 |
0.33 |
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Timothy & Christine Osborne |
0679047261 |
0356660 |
0.32 |
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Eric & Ellen Nielsen |
0679028647 |
0356275 |
0.35 |
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John Pattati, Jr. |
0679128738 |
0356290 |
0.32 |
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Total Acres |
20.13 ±* | ||
* The total acreage does not include the right-of-way. With the right-of-way included, the total acreage is 23.78 ±.
Section 2: That the Property is rezoned from Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W) to Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12) 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
Adopted:
Effective:
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Ernest F. McAlister |
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Date |