06-Rez-06
Roberts Farm Property Staff Report to Town Council
 

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. Land use map 

Acreage:  27.19  

Location:  North side of Roberts Road Vicinity map   

Applicant:

Brad Nelson
Toll Brothers INC
2310 TW Alexander Blvd, Suite G
Raleigh, NC 27617

bnelson@tollbrothersinc.com
 

Applicant’s Contact:

Travis Morehead
ETD
2601 Weston Parkway

Cary, NC 27526

tmorehead@etdpa.com  

Town of Cary Case Manager: 

Ricky Barker, Associate Planning Director
316 N. Academy Street, Cary, NC 27513

(919) 469-4085
ricky.barker@townofcary.org
 

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.
A.  Transportation           
Existing Roadway Section: Roberts Rd. 2-lane undivided, 58’ right-of-way (ROW)           

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
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan and the Southwest Area Plan, the following park and greenway facilities are required within this project:

·         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.

6.  Town Council Motion Options: 
(Ordinances are at the end of this report) 

06-REZ-06 Roberts Farm Property
TO ADOPT
Motion #1
(Required Council Statement for adopting any zoning amendment)


This proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[Vote]

Motion #2
(To amend zoning map)

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
Motion #1
(Required Council Statement for rejecting any zoning amendment)
 

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 Amendment to Zoning Map)

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
Board of Education controls capital projects for school capacities.
 

School Information

 

Enrollment

Permanent
Seat Capacity

Average Percent Occupied

Projected Number of Additional Students

Elementary

16,886

17,002

99.32%

6

Middle

7,937

8,365

94.88%

3

High

8,438

8,578

98.37%

4

Assigned Schools

Highcroft Elementary

511

609

83.91%

6

Salem Middle

656

903

72.65%

3

Apex High

2161

2119

101.98%

4

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:  

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s)

Real Estate ID(s)

Area Acres)

Hubert E Roberts Family Farm LLC

7517 Roberts Road

Cary, NC 27519

0733251732

0060307

27.19

Total Acreage

 

 

27.19

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)