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TOWN
OF CARY
,
NORTH
CAROLINA
REQUEST FOR REZONING
STAFF RECOMMENDATION TO TOWN COUNCIL
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Rezoning
Petition:
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04-REZ-20 Lake Drive
Conditional Use from Residential 40
(R-40) to Residential 20 Conditional Use (R-20 CU)
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Land
Use Plan Amendment:
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No
Land Use Plan Amendment is Required
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Meeting
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Date
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Staff
Recommendation
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Action
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Town Council
Public Hearing
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October 14, 2004
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Forward
to the
December 20, 2004
Planning and Zoning Board
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Forwarded to the
December 20, 2004
Planning and Zoning Board
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Planning and
Zoning Board
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December 20, 2004
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Staff recommends
approval of the request
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The Planning and
Zoning Board recommended approval of the request (6-0).
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Town Council
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January 13, 2005
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Staff recommends
approval of the request
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TOWN
OF
CARY
CASE MANAGER
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Angela
Reincke, Senior Planner
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Phone:
(919) 462-3942
Email: angela.reincke@townofcary.org
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STAFF
RECOMMENDATION
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Staff
believes that this request adequately meets the rezoning criteria
set forth in the Land Development Ordinance (3.4.1 (E)) and
recommends approval for the following reasons:
- This request is
consistent with the current Town of
Cary Land Use Plan
.
- Adequate public services
can be provided to the parcel (i.e. police, fire, utilities
etc.)
- The proposed rezoning is
unlikely to have a significant impact on the natural
environment.
- The proposed rezoning
will not have a significant adverse impact on other property in
the vicinity.
- The proposed zoning
classification is suitable for the property.
|
ICANT’
JUSTIFICATION STATEMENT
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APPLICANT
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OWNERS
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Charles
Burroughs
228 Lake Drive
Cary
,
NC
27513
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Charles
and Cheryl Burroughs
228 Lake Drive
Cary
,
NC
27513
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PROJECT
DESCRIPTION
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This
request is to divide the property into 3 residential lots (2 new
lots) and change the zoning from Residential 40 (R-40) to
Residential 20 (R-20 CU) Conditional Use. The property is
approximately 1800 feet from the intersection with
Chapel Hill Road
. A conditional use application has been
filed limiting the use of the properties to single family
residential. Due to the
fact that the threshold requiring a Subdivision Plan is not met
roadway improvements are not required
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Parcel
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Maximum
Density (Du/Ac)
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Acreage
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Total
Units
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Minimum
Lot
Size
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0754976248
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N/A
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1.55
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N/A
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N/A
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Total
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1.55
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PROPOSED
ZONING CONDITIONS
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The
use will be limited to single family residential.
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APPLICANT’S
JUSTIFICATION STATEMENT
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To
allow for the sale of .5 acre lots from the current 1.55 acre
parcel.
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CURRENT
& PROPOSED TOWN OF CARY LAND USE PLAN DESIGNATION
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Current
Land
Use Plan designation:
Low
Density Residential (1-3 dwellings/acre, single family detached)
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Proposed
Land Use Plan Designation:
No
change. The rezoning
still conforms with Low Density Residential.
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EXISTING
& PROPOSED ZONING
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Current
Zoning: Residential
40 (R-40)
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Proposed
Zoning: Residential
20 (R-20
Conditional Use)
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ADJACENT
EXISTING LAND USES, ZONING,
and LAND USE PLAN DESIGNATIONS
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Existing
Use
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Existing
Land Use Plan Designation
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North:
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Single
Family Residential
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Residential
40 (R-40)
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Low
Density Residential
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East:
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Single
Family Residential
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Residential
40 (R-40)
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Low
Density Residential
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South:
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Raleigh
Chinese
Christian Church
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Residential
40 (R-40)
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Office/Institutional
and Low Density Residential within an
Activity
Center
Concept Plan
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West:
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Single
Family Residential
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Residential
20 (R-20)
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Low
Density Residential
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PLANNING
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Comprehensive
Plan Analysis
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This
proposal is in compliance with the Town’s long-range Land Use Plan
for this area, which recommends Low Density Residential (LDR) uses,
defined as 1-3 dwellings/acre, single family detached.
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Open
Space Considerations
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The
subject parcel consists of primarily hardwood forest cover.
However, the site is not identified as a priority resource
protection area and there are no historic resources based
on the Town’s Open Space and Historic Resource Plan.
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Parks
and Greenways
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The
Parks, Recreation and Cultural Resources Facilities Master Plan does
not include any park or greenway recommendations for this site.
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Transportation
Planning
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This
location is within the C-Tran service area. The Comprehensive
Transportation Plan requires collector street standards for the
Lake Drive
extension.
Sidewalk is required on both sides of collector streets.
The Town’s typical collector street cross section includes
14’ wide outside lanes to accommodate bicycles. Subdivisions are
required to meet connectivity requirements as set forth in
Cary
’s LDO.
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School
Information
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Enrollment
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Permanent
Seat Capacity
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Average
Percent Occupied
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Projected
Number of Additional Students
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Elementary
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15,388
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12,745
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120.74%
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.34
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Middle
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7,715
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7,116
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108.42%
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.17
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High
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7,481
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6,625
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112.92%
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.24
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Total
for all Area Schools
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30,584
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26,486
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115.47%
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.75
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Northwoods
Elementary
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771
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516
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149.48%
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.34
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West
Cary
Middle
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1043
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888
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117.47%
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.17
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Cary
High
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2209
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1582
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139.64%
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.24
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Total
for all Assigned Schools
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4023
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2986
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134.75%
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.75
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Current
Enrollment
and Building Capacity
are based on the 20th day of the school year for
2003 as supplied by the Wake County Public School System.
School assignment will be determined at the time of
development.
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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.
A more definitive estimation will be done at the time
of site plan submittal, which is when the applicant is
required to secure a Certificate of Adequate Educational
Facilities from the Wake County School System.
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ENGINEERING
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Environmental
Considerations
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The
project will be required to meet the nitrogen requirements of the
Town of
Cary
according to
Section 7.3 of the Town’s Land Development Ordinance.
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Utilities
(Water and Sewer)
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Town
of
Cary
public water and sewer is available to this property. The proposed
rezoning will not have impact to TOC utility systems.
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Traffic
Impact Analysis
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No
Traffic impact study is required due to the fact that two single
family lots will not generate 100 trips during peak hours.
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PARCEL
& OWNER INFORMATION
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Property
Owner(s)
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County
Parcel
Number
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Real
Estate ID(s)
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Area
(Acres)
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Charles
and Cheryl Burroughs
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0754976248
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0047567
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1.55
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Total
Acreage
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1.55
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