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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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05-REZ-06 Herndon
Property Residential
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Land
Use Plan Amendment:
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N/A
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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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May 12, 2005
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Forward to the
July 18, 2005
Planning and Zoning Board Meeting
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Forwarded to the
July 18, 2005
Planning and Zoning Board Meeting
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Planning and
Zoning Board
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July 18, 2005
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Staff recommends
approval of the request
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The Planning
Board voted unanimously (10-0) to approve the request.
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Town Council
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August 25, 2005
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Staff recommends
approval of the request
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This
request was tabled due to the absence of two Council members and
will be heard at the September
8, 2005
Town Council meeting.
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Town Council
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September 8, 2005
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Staff
recommends approval of the request
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This
request was denied with a 5
to 2
vote.
Town
Council granted a waiver to allow the applicant to resubmit another
zoning case for this property in the next 12 months
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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
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.
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This request is
consistent with the current Town of Cary Land Use Plan
.
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Adequate public services
can be provided to the parcel (i.e. police, fire, utilities
etc.)
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The proposed rezoning is
unlikely to have a significant impact on the natural
environment.
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The proposed rezoning
will not have a significant adverse impact on other property in
the vicinity.
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The proposed zoning
classification is suitable for the property.
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PLANNING
& ZONING BOARD ACTION
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Concerns
discussed by the Board included:
- Future access locations;
- Trips generated on
Turner Creek Road;
- Applicants intent to
develop the land noted in the justification; and
- Total unit numbers for
build out of vacant parcels in this area
Staff
responded that although the applicant has indicated the intent to
only develop only 2 additional lots to be gifted to family, that the
case must be evaluated under the request for the maximum number of
units allowed in Residential -8 zoning.
The applicant would have to meet all development standards at
the time of site plan review and approval including connectivity.
The
Planning and Zoning Board voted unanimously (10-0) to recommend
approval of the request.
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CHANGES
SINCE PUBLIC HEARING
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There
have been no changes since the public hearing.
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TOWN
COUNCIL PUBLIC HEARING
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The
following items were discussed:
- Site plan information
not available
- Buffer should be
restored to a Type A opaque buffer
- Access information to
Highway 55 and connectivity requirements for the site
- Request not in harmony
with surrounding area
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APPLICANT
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OWNER
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Leon W. Herndon,
Sr.
6828 Turner Creek Road
Cary, NC 27519
(919) 367-0389
FAX (919) 367-0906
Herndony2k@aol.com
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Leon W. Herndon,
Sr.
6828 Turner Creek Road
Cary, NC 27519
(919) 367-0389
FAX (919) 367-0906
Herndony2k@aol.com
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PROJECT
DESCRIPTION
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This
request is to change the zoning from Residential 40 W (R-40)
to Residential 8 (R-8) Town of
Cary. The property is approximately 1050 feet
from the intersection of Turner Creek Road
and Highway 55.
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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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0733678511
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N/A
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4.6
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N/A
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N/A
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Total
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4.6
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APPLICANT’S
JUSTIFICATION STATEMENT
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Currently
there is only one residence located on this 4.6 acre land parcel.
It is our family’s desire, however, to subdivide this
acreage to make provisions for the residences of other family
members we would like to join us.
Due
to the configuration of our 4.6 acre tract, current guidelines
prohibit us form locating more than one additional residence on this
tract under the current Residential 40 zoning.
By approving the zoning request from Residential 40 to
Residential 8, we will be able to locate two additional homes on
this same tract.
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CURRENT
USE & ZONING
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Current
Land
Use: Medium
Density Residential (MDR)
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Proposed
Land Use: Medium
Density Residential (MDR)
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Current
Zoning: Residential
40 (R-40)
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Proposed
Zoning: Residential
8 (R-8)
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ADJACENT
USE & ZONING
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Existing
Use
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Existing
Land Use Designation
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North:
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Residential
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Residential
8 (R-8)
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Low
Density Residential (LDR)
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East:
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Residential
(vacant)
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Residential
40, R-40 (Wake)
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Medium
Density Residential (MDR)
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South:
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Institutional
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Residential
40 (R-40)
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Office/Institutional
(OFC/INS)
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West:
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Residential
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Residential-40,
R-40(Wake)
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Medium
Density Residential (MDR)
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PLANNING
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Comprehensive
Plan Analysis
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Rezoning
to R-8 would permit a density of 5.4 units per acre, which concurs
with the Land Use Plan designation of MDR in this area.
Although the Southwest Area Plan implies that multi-family,
attached housing types are preferred in this location, single-family
detached is not explicitly excluded; therefore, a Land Use Plan
amendment will not be required.
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Parks
and Greenways
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There are no parks
or greenways proposed for this site based on the Parks, Recreation
and Cultural Resources Facilities Master Plan.
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Transportation
Planning
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At
the time of subdivision plan submittal, the following items will be
reviewed for compliance with Town Ordinance, the Comprehensive
Transportation Plan and the Town Engineering Standard Specifications
and Details Manual:
- Connectivity (extension
of existing street stubs, providing stubs to adjacent
undeveloped properties, providing a layout which meets or
exceeds a connectivity index ratio of 1.2);
- Street pavement and
right-of-way widths;
- Cul-de-sac length limits
(maximum 900’);
- Sidewalk (required on
one side of all new residential streets and both sides of all
new collector streets and thoroughfares).
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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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16,886
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17,002
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99.32%
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4
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Middle
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7,937
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8,365
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94.88%
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2
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High
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8,438
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8,578
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98.37%
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3
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Total
for all Area Schools
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33,261
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33,945
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97.98%
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9
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Assigned
Schools
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Salem
Elementary
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757
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816
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106.13%
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4
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Salem
Middle
School
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656
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903
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72.65%
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2
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Apex
High
School
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2,161
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2,119
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101.98%
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3
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Total
for all Assigned Schools
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3,574
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3,838
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93.59%
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9
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ENGINEERING
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Environmental
Considerations
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The
project is located in the
Jordan
Lake
watershed and
will be required to meet the Reservoir Watershed Protection
Ordinance of the Town of
Cary
. The
project will be required to meet the nitrogen and riparian buffer
requirements of the Town of
Cary
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Utilities
(Water and Sewer)
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This
property has direct access to Town of
Cary
water and sewer. There is a 12” existing waterline on
Turner Creek Rd.
An 8” sanitary sewer located along the eastern property line will
provide sanitary sewer access to this property.
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Traffic
Impact Analysis
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The
proposed zoning would not generate the required 100+ peak hour trips
for a traffic impact study.
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PARCEL
& OWNER INFORMATION
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Property
Owner(s)
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County
Parcel Number(s)
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Real
Estate ID(s)
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Area
(Acres)
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Leon W. Herndon,
Sr. and Shirley W. Herndon
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0733678511
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0252757
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4.6
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Total
Acreage
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4.6
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