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06-Rez-06 1. Background
Information Current Zoning: Residential 40 Wake County (R-40W) Zoning map Proposed Zoning: Residential
40 (R-40) with the Conservation Residential Overlay District (Sub-District
– Low Density) Conformity
with Land Use Plan Designation: Yes.
The current land use plan is Conservation Residential - Low Density
(LDR) and no change is proposed. Acreage: 27.19 Location:
North
side of Roberts Road
Vicinity map Applicant: Brad
Nelson Applicant’s
Contact: Travis
Morehead Town
of Cary Case Manager:
Ricky
Barker, Associate Planning Director 2. Summary
of Requested Rezoning
Since this property is outside
of the Town’s extraterritorial jurisdiction, an initial zoning is
required to designate the Residential-40 District in Cary and to include
the property within the Conservation Residential Overlay District.
The overlay district will allow the applicant to create a
subdivision with a maximum gross density up to 2.5 units per acre. Future
Roadway Section: Roberts Rd. 2-lane w/ paved median, 67’ ROW Schedule:
Not scheduled Sidewalk
Requirements: both sides Bicycle
Requirements: 14’ wide outside lane required Transit
Requirements: None B.
Traffic Impact Analysis A density for R-40 zoning
does not require a
traffic study. C.
Parks & Greenways ·
A payment-in-lieu will be required if subdivided to meet the
Land Dedication Ordinance ·
The PRCR Advisory Board will review this project at its May
1, 2006 meeting. 3.
Feedback at Town Council Public Hearing: One Council member
expressed a concern with the ability to develop the property at a density
of 2.5 through the Conservation Overlay District. 4.
Staff Observation on Rezoning: The requested zoning is
consistent with the Cary Land Use Plan. Specifically
the Southwest Area Land Use Plan allows the development of property at a
maximum density of 2.5 units per acre provided that a certain amount of
extra open space is provided with the development and that certain other
development standards are followed. 5. Planning and Zoning Board Recommendation (May 15, 2006) The
Planning and Zoning Board voted 7-0 to recommend the adoption of the
ordinance to approve the amendment as presented because it is consistent
with the Southwest Area Plan element of the Comprehensive Plan. 06-REZ-06 Roberts Farm
Property
[Vote] Motion #2 To adopt the ordinance
amending the zoning map from Residential 40 Wake County (R-40W) to
Residential 40 (R-40) with the Conservation Residential Overlay District
(Sub-District – Low Density) as set forth in associated document and map
dated June 22, 2006 as referenced in the Ordinance. [Vote] TO DENY This
proposed map amendment is/is not consistent with the recommendations and
other elements of the Comprehensive Plan and is/is not reasonable and in
the public interest because ________________. [Vote] Motion #2 To
deny the ordinance amending the zoning map. [Vote] 7.
Reference Information Meeting
Schedule Town
Council Public Hearing Date:
April 27, 2006
Action:
Forwarded to the May 15,
2006 P&Z Board meeting Planning
& Zoning Board Date:
May 15, 2006
Action:
Forwarded to Town Council for approval (7-0)
Town
Council Action Date:
June 22, 2006
Applicant’s
Justification Statement Submitted February
27, 2006
(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) The
applicant wishes to rezone this parcel to Residential 40 in order to
utilize the Conservation Overlay District that was created in the
Southwest Area Plan. Under
that option, the applicant would intend to create a single-family detached
subdivision that would comply with the Southwest Area Plan’s goals and
intent. Schools The
school information is being provided for your review; however, the Wake
County
Current
Enrollment and Building Capacity
is based on the 20th day of the school year for 2004 as
supplied by the Wake County Public School System.
School assignment will be determined at the time of development. 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. 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. 8. Ordinances for Consideration 06-REZ-06
Roberts Farm Property AN ORDINANCE TO AMEND THE
OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF
APPROXIMATELY 27.19 ACRES LOCATED
ON THE NORTH SIDE OF ROBERTS ROAD
BE
IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY: Section
1: The Official Zoning Map is
hereby amended by rezoning from R-40 Wake County to Residential 40 (R-40)
with the Conservation Residential Overlay District (Sub-District – Low
Density) the area described as follows:
Section
2: That the rezoning from
R-40 Wake County to Residential 40 (R-40) with the Conservation
Residential Overlay District (Sub-District – Low Density) is
hereby authorized subject to all the requirements of the Cary Land
Development Ordinance (LDO) and other applicable standards, policies and
guidelines. Section
3: This property will be
perpetually bound to the uses authorized and subject to such zoning,
unless subsequently changed or amended as provided for in the Cary Land
Development Ordinance. Section
4: Any violations or failure
to accept and abide by the requirements of the Land Development Ordinance
shall be subject to the remedies provided in the Cary LDO Section
5: This ordinance shall be
effective on the date of adoption. (Signed) |
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