Rezoning Datasheet
08-REZ-05
Request
The applicant is
requesting Town Council approve an Ordinance to amend the official zoning map of
the Town of
The purpose of a rezoning is to evaluate the
appropriateness of a proposed land use for the subject parcel(s) 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 specified 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.
Background
Information
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Applicant |
Philip Abraham |
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Agent |
Jon Frazier |
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Acreage |
7.33 ± |
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General
Location |
917 Reedy |
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Hearings /
Meetings |
Public Hearing |
Planning & Zoning |
Town Council
August 14 or 28, 2008* |
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Land Use
Designation |
Low Density Residential |
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Town Limits |
Subject property is located inside
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Annexation |
Will be required at the time of
site plan review |
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Valid Protest |
To be determined by the time of
public hearing |
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P&Z
Recommendation |
To be provided after the Planning
and Zoning Board Meeting |
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Existing Use |
Vacant |
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Proposed Use |
Single-family Residential |
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Final Council
Action |
To be provided after the Town
Council Meeting |
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Staff Contact |
Debra Grannan, Senior Planner
(919) 460-4980 |
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*The date of this meeting will be determined
after the P&Z Board recommendation.
If a unanimous recommendation is made, it will go to the first meeting of the
month on consent; if not on consent, it will go to the second meeting.
Furthermore, if the case has a valid protest petition, it will go to the second
meeting of the month as a discussion item, even if there is a unanimous
recommendation for approval.
Consistency with the
Comprehensive Plan
A.
Land Use Plan:
The requested zoning for
the subject parcels is Residential 12 Conditional Use.
R-12 is a residential single-family zoning district with a minimum lot
area of 12,000 square feet and a maximum allowed density of 3.63 units per acre,
but the applicant is placing a condition on the zoning that restricts the number
of dwelling units to a maximum of 12, with a total density of 1.64 dwelling
units/acre. The
B.
Growth Management Plan:
The
Growth Management Plan includes the following Guiding Principle which is
relevant to this case:
C.
Affordable Housing Plan:
Based upon the proposed use, the Affordable
Housing Plan is not applicable.
D.
Comprehensive Transportation Plan:
Reedy
Existing Section: Approximately 60’ ROW, 2 lane
minor thoroughfare
Future Section: Two-lane with paved median,
minor thoroughfare
Road Improvements: Survey/design underway for
2010/2011 roadway project
Sidewalk Requirements: Sidewalk required on
both sides
Bicycle Requirements: 14’ wide outside lanes
required
Transit Requirements: None
Traffic
Analysis:
No traffic study is required since 12 single
family lots would only generate 13 a.m. and 13 p.m. peak hour trips which is
under the 50 peak hour trip threshold requirement for a traffic study.
E.
Parks & Greenways Master Plan:
According to the approved
Parks, Recreation and Cultural Resources Facilities Master Plan there are no
issues related to this site. A
recreation payment-in-lieu will be required for residential development in
accordance with the Land Development Ordinance.
According to the Open Space and Historical Resources Plan (OSHRP), this
site was not proposed for open space conservation and no historic structures
have been identified on this site.
Consistency with the
Land Development Ordinance
F.
Environmental:
According to the Town of
G.
Buffers:
According to Chapter 7 of
the Land Development Ordinance, at the time of site plan review, the applicant
will be required to provide a 20’ wide landscape area planted to a Type B
(semi-opaque) Buffer standard between the subject property and adjacent single
family developments.
H.
Streetscape:
According to Chapter 7 of
the Land Development Ordinance, a 50’ wide streetscape is required along
The proposed project is in
the rezoning stage and, therefore, preliminary engineering of the site has not
been submitted to staff for review. Prior
to Site Plan or Subdivision Plan approval, the application will be required to
demonstrate consistency with the Land Development Ordinance with respect to
specific development requirements, such as access, stormwater management, road
improvements, utility line placement, road connectivity and landscape plantings.
Existing and Requested Zoning District
Comparison:
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District Regulations |
Existing Zoning
(R40 ) |
Requested Zoning
(R12 CU ) |
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Maximum Gross Density (du/ac) |
1.08 |
3.63* |
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Minimum Lot Size (square feet) |
40,000 |
12,000 |
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Minimum
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150’ with septic tank & well
(160’ for corner lot)
125’ with public sewer
(135’ for corner lot) |
80’
(90’ for corner lot) |
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Side Yard Setback
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15’ With septic tank & well
10’ with sewer |
10’ |
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Front Setback
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From thoroughfare: 50’
From collector: 30’
From other streets: 20’ |
From thoroughfare: 50’
From collector: 30’
From other streets: 20’ |
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Rear Yard Setback |
30’ |
25’ |
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35’ |
35’ |
*A zoning condition
proposed by the applicant limits the maximum number of dwelling units to 12 on
the subject property which consists of approximately 7.33 ± acres.
This would yield a density of 1.63 dwelling units per acre.
Town Council
Criteria for Consideration in Reviewing Rezonings:
Section 3.4.1(E) of the
Land Development Ordinance sets forth the following criteria that Council should
consider in reviewing rezonings:
1.
The proposed
rezoning corrects an error or meets the challenge of some changing condition,
trend or fact;
2.
The proposed
rezoning is consistent with the Comprehensive Plan set forth in Section 1.3
(LDO);
3.
The Town and
other service providers will be able to provide sufficient public safety,
educational, recreational, transportation and utility facilities and services to
the subject property while maintaining sufficient levels of service to existing
development;
4.
The proposed
rezoning is unlikely to have significant adverse impacts on the natural
environment, including air, water, noise, stormwater management, wildlife and
vegetation;
5.
The proposed
rezoning will not have significant adverse impacts on property in the vicinity
of the subject tract;
6.
The proposed
zoning classification is suitable for the subject property;
Other Reference
Information
Schools
The school
information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.
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School Information |
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Assigned Schools |
20th
Day Enrollment* |
Permanent
Seat |
Average |
Projected Range of Additional |
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Reedy Creek Elementary |
682 |
816 |
84% |
4
to 5 |
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Reedy Creek Middle |
778 |
885 |
88 |
1
to 2 |
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1496 |
1663 |
90% |
1
to 3 |
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Total Projected range of additional students** |
6
to 10 |
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* Current Enrollment and Building Capacity
is based on the 20th day of the school year for 2007-2008 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 a rough approximation. The
actual number of students will vary depending on variables, such as the number
of bedrooms, dwelling size, and other factors. For example: a site with 12
three-bedroom homes could yield six
additional students, while 12 homes with greater
than three bedroom units could yield 10 students. The basis for making this
calculation is based on multipliers provide from Wake County Schools Office of
Student Assignment. At rezoning,
student yield can not be accurately determined due to unknown variables.
Applicant’s Justification Statement Submitted (
The following
statements are provided by the applicant (shown below in italics) in response to
the criteria established in the application (shown below in bold) and does not
necessarily represent the views or opinions of the Town of
1. Any issues with the size of the tract?
There are no issues with the size of the tract.
At 8.0 acres the tract is conducive to R-12 zoning, and at a maximum of
12 dwelling units the total density will be 1.5 units/acre, which is below the
maximum density of 3.63 units/acre as required by the Town Code.
2. How is the request compatible with the
comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic
Resources)?
The Land Use Plan calls for Low Density
Residential development, so the request of a Rezoning to R-12 CU with a maximum
of 12 dwelling units is compatible.
3. What are the benefits and detriments to the
owner, neighbors and the community?
The benefits to the owner are an opportunity to
enjoy a beautiful piece of property in which the owners intend to live
themselves, while generating enough lots to offset the costs of roadway
improvements and access into the property.
The neighbors and community will be benefited
by a property of like-zoning and compatibility with the Town’s Land Use Plan.
The property will provide a transition between the traditional homes of
the adjacent R-12 zoned tracts to the larger estates of the adjacent R-40 zoned
tracts. The limit on dwelling units
will allow minimal impacts to existing traffic and the environment, while the
development of the property itself will aim to improve existing stormwater and
soil erosion problems on downstream properties.
4. How are the allowable uses with the proposed
rezoning compatible with, or how do they relate to, the uses currently present
on adjacent tracts?
The adjacent tracts to the west and north are
zoned R-12, and the adjacent tracts to the east and south are zoned R-40.
While the proposed R-12 zoning is the same as the adjacent tracts to the
west and north, the limit on dwelling units will provide a low density
transition from the existing R-12 zoned tracts to the existing R-40 zoned
tracts.
On-Line Public Feedback
In keeping with Town Council policy regarding citizen involvement in the
planning & development process, we have created a new opportunity for interested
citizens to provide comments on this case. In addition to speaking at community
meetings and public hearings, you can also use the associated "Public
Comment" page to share your opinions and concerns. Your feedback will be
made available to other residents, the Town Council, the Planning & Zoning
Board, and the applicant as this item is evaluated and considered over the next
few months.
While this capability is still in the "test stage," we hope you find this new
feature useful!
Ordinance for Consideration
08-REZ-05
AN ORDINANCE TO AMEND THE
OFFICIAL ZONING
BE IT ORDAINED BY THE TOWN
COUNCIL OF THE TOWN OF
Section 1:
The Official Zoning Map is hereby amended by rezoning the area described
as follows:
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PARCEL & OWNER INFORMATION |
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Property Owner(s) |
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Real Estate ID(s) |
(Acres) |
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0765609209 |
0065985 |
7.33 ± |
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Total Acres |
7.33 ± |
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Section 2:
That this Property is rezoned from Residential 40 (R40) to Residential 12
Conditional Use (R12- CU) subject to the individualized development conditions
set forth herein, and all the requirements of the Cary Land Development
Ordinance (LDO) and other applicable laws, standards, polices and guidelines.
Section 3:
The conditions mutually approved by the Town and the applicant for
promoting public health, safety and the general welfare are:
Development shall be limited to a
maximum of 12 single family dwelling units.
These conditions address conformance of the
development and use of the Property to ordinances and officially adopted plans
and address impacts reasonably expected to be generated by the development and
use of the Property.
Section 4:
This ordinance shall be effective on the date of adoption.
Adopted and effective:
August 14 or 28, 2008
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Harold Weinbrecht, Jr. |
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Date |
