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06-REZ-20 Park @ Westlake (Phase 5) Rezoning Staff Report to Town Council 1. Background Information Current Zoning:
Zoning
Map Initial
Zoning: Conformity with Land Use Plan Designation: The Land Use Plan designation is Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster. The property was developed in Wake County under their cluster option, and is therefore consistent with the Land Use Plan. Acreage: 4.55 Location:
Vicinity
Map Applicant: Town
of Cary
Case Manager: 2.
Summary of Requested Rezoning In 2002, the Council approved the development of the 353 acre parent parcel with Town utilities without annexation and allowed subdivision approval through the Wake County Residential-30 zoning district cluster option. In 2002, due to State law requirements, the Town was unable to accept a citizen-initiated annexation petition because the property was closer to Holly Spring's corporate limits. In 2003, a Holly Springs/Cary Utility Service Agreement was adopted which allowed this property to be annexed and be zoned to a compatible Cary zoning district. The developer of this Wake County subdivision agreed to annex based on subdivision plat boundaries. A.
Transportation B.
Traffic Impact Analysis:
This property is part of a subdivision that was developed under
Wake County’s zoning requirements and therefore a traffic impact
analysis was not required by the Town of Cary C.
Parks & Greenways:
Greenways Map 3.
Reference Information Planning
& Zoning Board: Town
Council Action: Changes since the Town Council Public Hearing: None Staff recommendation on the rezoning: Staff recommends approval of the rezoning request. Planning and Zoning Board Recommendation September 18, 2006: The Planning and Zoning Board voted 9-0 to recommend that Council adopt an ordinance allowing this request for the rezoning and subsequent map amendment; that it is consistent with the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable. The Board determined this action to be reasonable and in the public interest. Changes since the Planning and Zoning Board meeting: None Town Council Motion Options: 06-REZ-20
Park at Westlake (Phase 5) Rezoning [Vote] Motion
#2 To adopt the ordinance amending the zoning map by approving the Park at Westlake (Phase 5) rezoning request as set forth in the associated document and map 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] Ordinance for Consideration AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 4.55 ACRES LOCATED on SERENE FOREST DRIVE SOUTH OF OPTIMIST FARM 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 Residential-30 Wake (R-30 Wake) to Residential-12 (R-12) the area described as follows: Property
Addresses: 5328,
5332, 5340, 5324, 5408, 5412, 5413, 5416, 5420, 5424, 5425 Serene Forest
Drive Owners: Starcraft
Builders Justin
P. Sullivan
Scott
& Dara Emery Carlos
& Jodi Martinez Vincent
Harrison and Kelli Ranck Christopher
& Laura Flythe
Robert
& Bernadette Schroder 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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