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Item # 13J Town Center-LDR12

LAND DEVELOPMENT ORDINANCE - TEXT AMENDMENTS – Round 13

Item # 13J Town Center- LDR-12

Planning and Zoning Board Meeting – December 21, 2009

BACKGROUND

This is a request by the Town of Cary to create a new low density residential subdistrict within the Town Center Zoning District. The Town Council authorized the initiation of this text amendment at the Council meeting of September 24, 2009. 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. There is a rezoning case, 09-REZ-13 being considered in conjunction with this amendment

PROCESS AND ACTIONS TO DATE

Town Council Public Hearing Comments

Public hearing discussion related to the possibility of rezoning a portion of Russell Hills to the new zoning district. No changes to the proposed ordinance text were suggested.

Planning and Zoning Board Work Session

There were questions and discussion regarding the potential for rezoning areas other than Russell Hills to the proposed district. Staff indicated that a rezoning could be requested by the property owner or others. Staff would provide information to the P&Z Board and to Town Council on how the request complied with the requirements of the LDO and, property owners could submit a protest petition if they opposed inclusion of their property in a rezoning petition.

Changes Since P&Z Work Session

The proposed front-yard setback has been changed from 40 feet to 30 feet to be more consistent with other Town of Cary residential zoning districts and to reduce the potential number of nonconforming structures.

Staff Recommendation

Staff recommends approval of the proposed amendment.

PROPOSED TEXT AMENDMENT

CHAPTER 5 - USE REGULATIONS

5.1 Tables of Permitted Uses

LINK: Table 5.1-2 Table of Town Center (TC) District Uses

CHAPTER 6 – DIMENSIONAL STANDARDS AND MEASUREMENTS

6.1.3 Town Center District

The density and dimensional requirements for the TC district are set forth in the following table:

LINK: Table 6.1-2 Table of Density and Dimensional Standards %u2013 Town Center District