06-REZ-35 The Park at Westlake
Rezoning Staff Report to Town Council 

Background Information

Existing Zoning:  Zoning map
Residential 30  Wake County (R-30 W)

Initial Zoning:  Proposed zoning map
Residential 12 (R-12) and Resource/Recreation (RR)

Land Use Plan Designation:  Land use map
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.

Acreage:  6.22 ±

Location:  Vicinity map
Iveysprings Court south of Optimist Farm Road

Applicant:
Town of Cary
316 N Academy Street
Cary,  NC  27513

Town of Cary Case Manager:
Jennifer Currin, Planner II
(919) 469-4342
jennifer.currin@townofcary.org 

Summary of Requested Rezoning
The Town is proposing initial zoning for this property, which is associated with a citizen-initiated annexation request. The reason for this proposed initial zoning is that the property is currently under a Wake County zoning district (Residential-30).  Upon annexation into the Town, the zoning of the property must be changed to a  Cary zoning district (Residential-12 and Resource/Recreation).  Because this property is already developed and/or within an existing subdivision approved by  Wake County, the proposed R-12 and R/R zoning districts are the most comparable to the existing use of the property (single family lots with a minimum lot size of 12,000 square feet and recorded open space). 

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.  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 had agreed to annex based on subdivision plat boundaries.   

A.  Transportation  

Ivey Springs Ct. :
Existing Roadway Section:  Local road, 50’ Right-of-Way (ROW)
Future Roadway Section:  Local road
Schedule:  N/A
Sidewalk Requirements:  Not required on cul-de-sac < 900ft.
Bicycle Requirements:  N/A
Transit Requirements:  N/A

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
There are no current issues related to the Parks, Recreation & Cultural Resource Facilities Master Plan.

Meeting Schedule: 

Town Council Public Hearing
Date:  February 22, 2007
Action: Forwarded to the March 19, 2007 Planning and Zoning Board meeting

Planning & Zoning Board:
Date:  March 19, 2007
Action: Planning and Zoning Board recommended approval 9-0

Town Council Action:
Date:  April 26, 2007

Changes since the Town Council Public Hearing: 
The zoning district for the recorded open space is being changed to a Resource/Recreational zoning designation to reflect the actual use of the property.

Staff recommendation to the Planning and Zoning Board on the rezoning:  
The requested zoning of Residential 12 (R-12) and Resource/Recreation (RR) is compatible with the Wake County Residential 30 (R-30 W) zoning district and the Park at Westlake to the west and south. Staff recommends approval of the rezoning request.

Planning and Zoning Board Recommendation March 19, 2007:
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; 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

Consistency with the Comprehensive Plan and other adopted documents and policies: 
The request is consistent with the Comprehensive Land Use Plan.

Ordinance for Consideration:  06-REZ-35

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 6.22 ACRES LOCATED ON IVEYSPRINGS COURT SOUTH OF OPTIMIST FARM ROAD owned by TOM DAVIS HOMES, INC., WILLIAM T. & VICKI L. HOLLOWELL, AND DANIEL A., SR & ANA L. ALVARADO FROM Residential 30 wake county (r-30 w) TO residential 12 (r-12) AND rESOURCE/RECREATION (rr).

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:  

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):  

* The total acreage does not include the right-of-way. With the right-of-way included, the total acreage is 6.22±.

Section 2:  That the Property is rezoned from Residential 30 Wake County (R-30 W) to Residential 12 (R-12) and Resource/Recreation (RR) subject to the individualized development conditions set forth herein, and for all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.

Section 3:  This ordinance shall be effective on the date of adoption.