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06-REZ-12 1. Background Information Existing Zoning:
Residential 40 (R-40)
Zoning map Acreage: Approximately 268.01 Location: Intersection of Alston Avenue and Kitts Creek Parkway Vicinity map Applicant: Applicant’s
Contact: Town
of Cary
Case Manager: 2. Summary of Requested Rezoning A.
Traffic Impact Analysis: B. Parks & Greenways: Issues related to parks & greenways for this proposed rezoning include the following:
The PRCR Advisory Board will review this project at its June 5, 2006 meeting. 3. Feedback at Town Council Public Hearing: At the public hearing, citizen feedback regarding the proposal was generally favorable. Citizens noted the change that was occurring in the area but wanted to maintain the transition of residential density from higher densities along NC 55 to low and very low density west of the proposed activity center. It was noted that the applicant of the associated Activity Center Concept Plan (06-AC-03) had worked with the neighboring residents prior to the public hearing to address many of their concerns. One concern that was expressed was the extension of Kitt Creek Road west to intersect with Wake Road. Residents questioned whether the road was really needed and if so, the alignment should turn north so as not to encourage cut-through traffic. Changes since Town Council Public Hearing There have been no changes since the public hearing. 4. Staff Observation on Rezoning: Staff makes the following observations regarding this request:
5. Planning and Zoning Board Recommendation (June 19, 2006) At
its June 19, 2006 meeting, the P&Z Board voted 10-0 to recommend the
adoption of the ordinance to approve the amendment as presented for the
following reason: · The request is both consistent with, and helps implement the Cary Comprehensive Plan and its Northwest Area Plan as detailed in the staff report. 6.
Town Council Motion Options: (Ordinances
are at the end of this report) 06-REZ-12 TO
ADOPT (Required Town Council statement for adopting any zoning amendment) The proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the staff reports and P&Z recommendation. [Vote] Motion #2 (To amend zoning map) To
adopt the ordinance amending the zoning map by designating the boundary of
the Village at the Park Activity Center Overlay District, as set forth in
associated document and map dated March 27, 2006 as referenced in the
Ordinance. [Vote] TO DENY Motion #1 (Required
Town 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 ___________. 7. Reference Information Meeting
Schedule: Planning
& Zoning Board Applicant’s
Justification Statement Submitted (March
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): 1.
Any issues with the size of the tract? This site originally had
two land uses during the Northwest Area Plan process; however the size of
the site makes it difficult to adequately provide both office and very low
density residential. In this
size and location, particularly when residential is involved, only on use
is best. 2. How is the request compatible with the Comprehensive Plan? (I.e. Land Use, Transportation, Open Space, and Historic Resources?) The Comprehensive Plan includes a neighborhood activity center at this location and the uses proposed are within the guidelines established for activity centers. 3. What are the benefits and detriments to the owner, neighbors and the community? As indicated in #1 above, the owner is more able to use his land efficiently. There are, as you would expect, contrasting opinions within the surrounding community. In general, larger landowners believe change is coming because of the influences caused by growth in the Research Triangle Park and NC Highway 55/Alston Avenue area. They see the benefits our request would bring. Single family homeowners on larger lots in Chatham County and in Wake County near the Chatham County line, approximately a half mile from the site think any change to the Northwest Area Plan will lead to other future changes. They don’t want any change, now or then. 4. How are all the allowable uses, with the proposed request compatible with, or how do they relate to, the uses currently present on adjacent tracts? Our site is surrounded by open space and large tracts of land owned by a church. Our proposal does not negatively impact these adjacent tracts. The issue is where should very low density residential (VLDR) begin. We believe property lines and county lines are arbitrary locations to attempt land use transition as in the case in this area of the NW Area Plan. Stream buffers (within 200’ of open space separation) provide a better transition, and in this situation, stream buffers just west of the activity center provide a natural break between very low density residential to the west and other more intense uses to the east located closer to Alston Avenue. 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. Ordinance for
Consideration AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 268 ACRES LOCATED NEAR THE Intersection of Alston Avenue and Kitts Creek Parkway. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY: Section 1: The Official Zoning Map is hereby amended by rezoning from the area described as follows:
Section 2: That the rezoning from Residential 40; Planned Development District Major; and Office, Research and Development to Residential 40; Planned Development District Major; and Office, Research and Development with an Activity Center Overlay District 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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