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Town
of Cary, North Carolina REZONING PETITION: 05-REZ-38 Nelson Property The purpose of this request is to correct a previous error in zoning for properties currently zoned Residential-40 (R-40) and Residential-20 (R-20) to a zoning district that more appropriately reflects the actual size of the properties. Although Wake County Tax Maps show only two properties, one zoned Residential-40 (R-40) and one zoned Residential-20 (R-20), there are two properties associated with each zoning category. At the time the properties were rezoned to their current zoning designation, the zoning district established presumed that there were only two properties involved and not four properties, as currently exists. Otherwise, the zoning established may have been adjusted from Residential-40 (R-40) to Residential-20 (R-20) and from Residential-20 (R-20) to Residential-12 (R-12) zoning, which would have been consistent with existing lot sizes. LAND USE PLAN AMENDMENT: Cary’s Land Use Plan designates Low Density Development (LDR) in the area of this request. The proposed zoning districts Residential-20 (R-20) and Residentiual-12 (R-12) would be limited to low density development and no Land Use Plan amendment would, therefore, be required. LOCATION
OF PROPERTY:
Vicinity Map APPLICANT:
Town
of
Cary
Case
Manager:
MEETING
SCHEDULE: Town
Council
Public
Hearing
– Staff
Recommendation:
Following the public hearing, staff would recommend forwarding this Action:
The request was forwarded to the Feedback
At Town Council Public Hearing: At
the Public Hearing no one spoke in favor or against this rezoning request.
No concerns or issues were expressed by the Town Council. STAFF RECOMMENDATION: Staff
recommends approval of the request for the following reasons: 1.
This request is consistent with the current Town of 2.
The property is currently served by municipal water and
would have access to municipal sewer through a sewer line extension to
municipal sewer mains to be installed by 3.
The proposed
zoning classification and density is suitable for the property and is
similar to the existing zoning and density of adjacent properties. PLANNING
& ZONING BOARD – The
P&Z Board unanimously (10-0) recommended approval
of the request for the following reasons. 1.
This rezoning request is
consistent with the Comprehensive Plan.
Specifically, the proposed rezoning is in conformance with the low density residential designation. 2.
The proposed
zoning classification and density is suitable for the property and is
similar to the existing zoning and density of adjacent properties. Changes
Since
The
Planning
and
Zoning
Board
Meeting: There
have been no changes to this request. Staff
Recommendation
to Town Council: Staff
believes this request adequately meets the approval criteria for rezoning
as set forth in the Land Development Ordinance, Section 3.4.1(E) and
recommends approval of the request. Staff
makes the following comments regarding this matter: 1.
This request is consistent with the current Town of 2.
The property is currently served by municipal water and
would have access to municipal sewer through a sewer line extension to
municipal sewer mains to be installed by 3. The proposed zoning classification and density is suitable for the property and is similar to the existing zoning and density of adjacent properties. TOWN
COUNCIL ACTION – APPLICANT’S
JUSTIFICATION STATEMENT (October
31, 2005) Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary: Each of the two properties on Chapel Hill Road has always consisted of two distinct lots, located in the Heater Subdivision. The 9412 Chapel Hill Road address contains lots 4 & 5 and the 9410 Chapel Hill Road address contains lots 6 & 7. When annexed into the Town of Cary, each property was mistakenly rezoned by the Town as one lot each instead of two lots each. The proposed rezoning would correct this error by establishing a new zoning district consistent with the size of existing lots. The
properties at 9410
Chapel Hill Road
are currently zoned R-20 with one lot vacant.
The applicant is requesting the lots be rezoned to Residential-12
(R-12). The properties at 9412
Chapel Hill Road
are currently zoned Residential-40 (R-40) with one lot vacant.
The applicant is requesting the lots be rezoned to Residential-20
(R-20). Staff Recommendation On Rezoning With Findings and Reasons: Findings
and Reasons
Staff Recommendation Staff recommends approval of the request as submitted. ZONING: Zoning Map Current: 9412 Chapel
Hill Rd.: Residential-40 (R-40) 9410
Chapel Hill Rd.; Residential-20 (R-20) Proposed: 9412 Chapel
Hill Rd.;
Residential-20 (R-20) 9410
Chapel Hill Rd.; Residential-12
(R-12) TOWN OF CARY LAND USE PLAN DESIGNATION: Land Use Map Current:
Low
Density Residential development (LDR) Proposed:
Low
Density Residential development (LDR)
ADJACENT ZONING & LAND USES: North: Existing Use: Vacant Existing
Zoning: Residential-40
(R-40) Existing
Land Use Plan Designation:
Low Density Residential development (LDR) East: Existing
Use:
Single-family Existing
Zoning:
Residential-20 (R-20) Existing
Land Use Plan Designation:
Low Density Residential development (LDR) South: Existing
Use: Single-family Existing
Zoning: Residential-20
(R-20) Existing
Land Use Plan Designation:
Low Density Residential development (LDR) West: Existing
Use: Single-family Existing
Zoning: 9410
Chapel Hill Road:
Residential-40 (R-40) Existing
Land Use Plan Designation:
Low Density Residential development (LDR) Parks
& Greenways: There
are no parks or greenways proposed for this site based on the Parks,
Recreation and Cultural Resources Facilities Master Plan. Utilities: Municipal water is currently serving the two developed properties and is available for the existing vacant lots. Municipal sewer is located approximately 1,000’ northwest of the site. Traffic Impact Analysis: No traffic study will be required. The rezoning will generate less than 20 peak hour trips. 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:vic.townofcary.org.
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