Town of Holly Springs Town Council Meeting Agenda Cover Sheet

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1 Town of Holly Springs Town Council Meeting Agenda Cover Sheet Meeting Date: Feb. 19, 2019 Agenda Item #: 8c Agenda Placement: Public Hearing (Recognitions (awards, proclamations), Requests & Communications (reports, information presentations), Public Hearings, Consent Agenda, Unfinished Business, New Business, Closed Session or Agenda Addition) Subject Title: 18-REZ-09 CSX Rail Staff Resource(s): Matt Beard Action(s): Hold Legislative Public Hearing to receive public comment on proposed zoning map amendment Consider Rezoning Petition 18-REZ-09 ACTION #1: MOTION OF STATEMENT OF COMPATIBILITY Motion to accept the following statement as being true: The requested zone map change from unzoned property to R-MF-15: Multifamily Residential Use is consistent with the objectives of the Vision Holly Springs Comprehensive Plan, which supports a range of housing types including townhouses, condominiums, and apartments, and the R-MF-15 district allows for multifamily residential development. The annexation and zoning of this property will allow for the orderly development of the surrounding properties without the creation of gaps in the Town s network of services and infrastructure and will support the development of residential uses in proximity to existing commercial centers. ACTION #2: ZONE MAP CHANGE PETITION Motion to adopt ordinance XX-XX to approve and enact Zone Map Change Petition #18-REZ-09 to assign the zoning of 1.39 acres of property with attached Legal Description from unzoned property to R-MF-15: Multifamily Residential Use as submitted by Nil Ghosh. Background: The Town received a request to rezone a small parcel of former railroad right-of-way to R-MF-15 to establish zoning as the parcel currently has no known zoning designation. The proposed zoning district is the same as the surrounding Stephens Tract property to the north and south of this parcel. Explanation: Staff has reviewed the requested Zone Map Amendment and has found that the petition as submitted and presented to the Town Council complies with the minimum requirements as specified in Town Funding Source(s): n/a Agenda Topic Cover Sheet / last modified Nov. 6, 2018

2 Town of Holly Springs Staff Report to the Planning Board REQUEST FOR ZONE MAP CHANGE CSX Rail 18-REZ-09 PETITIONER(S): Nil Ghosh Morningstar Law Group OWNER(S): Jennifer Bryan CSX Transportation, Inc. LOCATION: [ ] Within Corporate Limits of Holly Springs [ ] Within Holly Springs ETJ [ X ] Annexation Pending* ANTICIPATED REVIEW SCHEDULE: Planning Board: 1/22/2019 Public Hearing and Town Council Action: 2/19/2019 *To be completed prior to rezoning approval PROTEST PETITION FILED: [ ] Valid [ ] Invalid [ X ] None Filed STAFF CONTACTS: Matt Beard, Planner I ATTACHMENTS: Petition for Zone Map Change

3 Statement of Zoning Compatibility PARCEL INFORMATION OWNER PARCEL # ZONING AREA CSX Transportation, Inc. None issued (Legal Description provided) Not zoned 1.39 Ac TOTAL 1.39 acres ADJACENT PROPERTY SITE DATA ZONING EXISTING LAND USE Subject Not zoned Abandoned railroad right-of-way Property North CB: Community Business Shopping Center (Southpark Village) South R-20: Residential Single Family East R-MF-15: Multifamily Residential Vacant West R-MF-15: Multifamily Residential Single Family/Agriculture ZONE MAP CHANGE REQUEST CURRENT PROPOSED Zoning District Not Zoned R-MF-15: Multifamily Residential Future Land-Use Transitional Residential No Change Designation Overlay District None No Change Conditional Use Permit Restrictions N/A N/A PROJECT OVERVIEW STAFF ANALYSIS The Town has received a request to establish zoning on a portion of currently unzoned property under the ownership of CSX Transportation, Inc. The property was formerly railroad right of way and the applicant has been unable to obtain a PIN from Wake County. The rezoning petition has been submitted with a legal description to establish a legal boundary for the property since no PIN is available and because only part of the original, unzoned property is being requested for consideration. The request is to zone the property to the R-MF-15: Multifamily Residential district. PLANNING & ZONING Vision Holly Springs Comprehensive Plan Future Land Use: The Future Land Use Plan has this property designated as Transitional Residential. Transitional Residential category is intended to provide for moderate residential densities and limited public and institutional uses. It should generally be located between areas of Residential or other lower density designations, and areas of more intense land uses such as Mixed Use or Regional Centers. This designation allows for densities between units per acre. Development may take the form of single-family detached dwellings, two-family dwellings, and townhouses.

4 Future Land Use Objectives that apply to this request include: 1) Actively balance commercial, industrial and residential development with conservation when promoting land use decision that will enable the Town to develop a sustainable balance tax base. 2) Coordinate future development efforts on a regional basis. 5) Establish a series of pedestrian friendly neighborhoods that will enable the town to maintain a small town character as it grows and changes. 6) Enable all residents to have the ability to live within walking distance of a neighborhood commercial center and central civic space. 7) Ensure that new housing is appropriate in type, location and density to minimize environmental impacts and maintain community character. 8) Accommodate a variety of housing types that includes single family, executive housing, townhouses, condominiums, and apartments. Zone Map Change Analysis Generally, a proposed zoning change to R-MF-15: Multifamily could have some impacts on the south adjacent properties and nearby properties to the east since they are zoned R-20: Residential. However, this property is a remnant parcel that bisects a larger parcel located to its immediate east and west. This property is proposed to function as part of a larger townhome development plan that is currently under consideration. There is current a zoning petition in for the south adjacent parcel to be rezoned to R-MF- 8: Multifamily Residential. The large majority of adjacent properties boundaries are with the Stephens Cousins, LLC owned property which is zoned R-MF-15 and actually spans the subject property. As a result, the proposed R- MF-15 Multifamily zoning is consistent that of the surrounding properties and will create continuity in the zoning. The R-MF-15 Districts are established to protect, promote and maintain the development of higher density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. Under the R-MF-15 zoning district, when the property is developed, the developer will be required to provide bufferyards in accordance with the UDO to screen the development from the adjacent single family residential properties. ZONE MAP CHANGE REQUEST STAFF RECOMMENDATION TO THE PLANNING BOARD PLAN CONSISTENCY STATEMENT: The requested zone map change from unzoned property to R-MF-15: Multifamily Residential Use is consistent with the objectives of the Vision Holly Springs Comprehensive Plan, which supports a range of housing types including townhouses, condominiums, and apartments, and the R-MF- 15 district allows for multifamily residential development. The annexation and zoning of this property will allow for the orderly development of the surrounding properties without the creation of gaps in the Town s network of services and infrastructure and will support the development of residential uses in proximity to existing commercial centers. ZONE MAP CHANGE PETITION MOTION: Motion to recommend that the Town Council approve/deny Zone Map Change Petition #18-REZ- 09 to change the zoning of 1.39 acres of property with attached Legal Description from unzoned property to R-MF-15: Multifamily Residential Use as submitted by Nil Ghosh.

5 Agenda Item Completeness Checklist Approved for Distribution Staff Member Yes No Initials Comments Matt Beard X MBB Rachel Jones X RDJ Melissa Sigmund X MS

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18 Resolution No.: 18-REZ-09 Date Adopted: February 19, 2019 Effective Date: February 19, 2019 AN ORDINANCE TO AMEND SECTION OF THE UNIFIED DEVELOPMENT ORDINANCE OF THE TOWN OF HOLLY SPRINGS, NORTH CAROLINA BE IT ORDAINED by the Holly Springs Town Council of the Town of Holly Springs, North Carolina, that the Unified Development Ordinance of the Town is amended as follows: Part 1: Amend Unified Development Ordinance Section 1.20, C. Official Zoning Map with the following rezoning request: #18-REZ-09 to assign the zoning of 1.39 acres of property with following Legal Description from unzoned property to R-MF-15: Multifamily Residential Use as submitted by Nil Ghosh. Legal Description: BEGINNING AT AN EXISTING IRON PIPE LOCATED IN THE NORTHEAST CORNER OF THE CSX RAILROAD RIGHT OF WAY, SAID IRON PIPE BEING SOUTH 17 20'00" WEST 4, FEET (GRID DISTANCE) FROM NCGS SURVEY MONUMENT "EYSTER", SAID MONUMENT HAVING NC GRID COORDINATES (NAD ) OF N=691,869.02, E=2,049,454.43, THENCE FROM SAID BEGINNING POINT SOUTH 02 21'02" WEST FEET TO AN EXISTING IRON PIPE, THENCE SOUTH 36 18'02" WEST FEET TO AN EXISTING REBAR, THENCE NORTH 02 21'02" EAST FEET TO A POINT, THENCE NORTH 08 12'17" EAST FEET TO AN EXISTING IRON PIPE, THENCE SOUTH 40 16'03" EAST FEET TO THE POINT AND PLACE OF BEGINNING CONTAINING SQ. FT., ACRES MORE OR LESS. Part 2: REPEAL OF CONFLICTING ORDINANCES All ordinances or parts of the Unified Development Ordinance of the Town of Holly Springs conflicting or inconsistent with the provisions of this rezoning ordinance are hereby repealed. Part 3: SEVERABILITY If any section, part of a section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portion of this Ordinance and it shall be construed to have been the legislative intent to pass the Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or parts shall be deemed to be held valid as if such part or parts had not been included therein, or if this Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, Office of the Mayor P.O. Box S. Main Street Holly Springs, NC dick.sears@hollyspringsnc.us

19 property, kind of property, circumstances, or set of circumstances, such holdings shall not affect the applicability thereof to any other person, property or circumstances. Part 4: INCLUSION IN UDO It is the intention of the Town Council entered as hereby ordained, that the provisions of this Ordinance shall become and be made part of the Unified Development Ordinance of the Town of Holly Springs, North Carolina; that the Section(s) of this Ordinance may be renumbered or relettered to accomplish such intention, and that the word Ordinance may be changed to Section, or Article or other word. Part 5: EFFECTIVE DATE The provisions of this ordinance shall become effective February 19, 2019 in accordance with the laws of the State of North Carolina. Adopted this, the 19 th day of February, Town of Holly Springs by ATTEST: Dick Sears, Mayor Linda McKinney, Town Clerk Office of the Mayor P.O. Box S. Main Street Holly Springs, NC dick.sears@hollyspringsnc.us

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