Town of Holly Springs

Transcription

1 Meeting Date: 9/18/2018 Agenda Topic Cover Sheet / last modified June 13, 2018 Town of Holly Springs Town Council Meeting Agenda Form Agenda Placement: Public Hearing (Special 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 Holly Springs New Hill Rd Presenter Name(s): Matt Beard SUBJECT HIGHLIGHTS: The Town has received a request to rezone two parcels of land totaling approximately 26.7 acres situated along Holly Springs New Hill Road, just west of the Addison Pond and Trinity Creek subdivisions. The applicant is requesting to rezone the properties from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential. The subject properties, along with present-day 12 Oaks, were once part of the Finisterra PUD which was a large-scale golf course master planned community. However, Finisterra never developed and 12 Oaks came into fruition and did not include all of the parcels of the original FInisterra PUD. So although these parcels are technically zoned PUD, it is an empty district because the Finisterra PUD plan is in fact expired and no longer in effect. The applicant held their neighborhood meeting on Aug. 9 at the Hunt Center. Their neighborhood meeting report is attached and states that no neighbors attended the meeting but that one had reached out prior to the meeting. That neighbor, Rene Plante at 208 Carving Tree Court, called Jon Frazier prior to the meeting to ask how close future homes could be to his property. Mr. Plante was satisfied with Mr. Frazier's response. Advisory board recommendation, if applicable: The Planning Board discussed the following issues and concerns at its meeting Aug. 28: Why a transportation impact analysis was not triggered by the proposed rezoning, and whether or not our thresholds for triggering a TIA are too high. Proximity to the Shearon Harris power plant, and evacuation routes in the event of emergency. If road improvements would include realignments to try to straighten Holly Springs New Hill RD where possible. The difference between roadway improvements for residential vs commercial development on the site. The Planning Board recommended to Approve. The Planning Board vote was: Those voting against the motion were: Mr. Crandall expressed concerns for the lack of sufficient information on traffic studies and fiscal impacts on the Town as well as water and sewer improvements. Staff recommendation, if applicable: Staff has reviewed the requested Zone Map Amendment and has found that the petition complies with the minimum Town requirements. Total Number of Motions: 2 Town Clerk s Office Use: Agenda Item #: 7c Attachment #: 5

2 Action(s) requested or suggested motion(s): HOLD PUBLIC HEARING: on proposed Zone Map Change Petition #18-REZ-07 to change the zoning of acres of Wake County PIN # s and from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential District as submitted by Shaun Smith. MOTION OF STATEMENT OF COMPATIBILITY: Suggested Motion 1 of 2 for the Minutes: Motion to accept the following statement as being true: The requested zone map change from PUD to R-10 CU is consistent with the Vision Holly Springs Comprehensive Growth Plan since the Future Land Use Plan Map indicates this property as Residential, which allows for residential development between 2 and 8 units per acre, and the proposed R-10 CU: Conditional Use Residential District allows for single-family residential development with a maximum 3.25 dwelling units an acre which is appropriate for the subject properties since they are not located within a Community Growth Area. Suggested Motion 1 of 2 for the PowerPoint: Motion to accept the statements of compatibility listed in agenda packets as true. ZONE MAP CHANGE MOTION: Suggested Motion 1 of 2 for the Minutes: Motion to adopt ordinance 18-REZ-07 to approve and enact Zone Map Change Petition #18-REZ-07 to change the zoning of acres of Wake County PIN # s and from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential District as submitted by Shaun Smith with the following conditions offered by the applicant: 1. Building Architecture shall meet the Design Requirements of Unified Development Ordinance Tables 2.09 C-4 and 2.09 C-5, shown in the graphics below 2. Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 3. All single-family homes shall have a crawl space or have a raised foundation with a minimum rise of at least 20 inches from average grade across the front of the house to the finished floor level at the front door. Agenda Topic Cover Sheet / last modified June 13, 2018

3 4. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three color families for siding and shall include varied trim, shutter and accent colors complementing the siding color. 5. Front porches shall be a minimum of 6 feet deep. 6. Trees shall be preserved in accordance with the proposed unified development ordinance section 7.01.j, required tree preservation. 7. The town requires certain fees to be paid upon development of land and for the granting of a building permit. said fees are listed in the town s annual budget, and with this rezoning the developer agrees he/she (i) is familiar with these fees, (ii) does not dispute the reasonableness of these fees as set forth in the town s annual budget; and (iii) notwithstanding any reimbursements discussed at this time through an infrastructure reimbursement agreement, hereby agrees to timely pay all normal and customary fees applicable to developer in connection with the residential project. Such fees are listed in the current year annual budget of fees at the time the fee is due under the ordinary course of development. 8. The town requires, pursuant to n.c.g.s. 160a-372, the dedication and construction of streets and rights of way, as shown in the approved comprehensive transportation plan, to create conditions essential to public health, safety, and the general welfare. A rezoning may be delayed until such time as necessary transportation improvements (to include offsite improvements) may be made, unless the town and the developer can enter into agreements to accelerate the time for completion of these needed improvements. 9. Developer agrees to pay a fee-in-lieu for the signal at Green Oaks Parkway and New Hill Road proportionate to the projects impact. Suggested Motion 1 of 2 for the PowerPoint: Motion to adopt ordinance 18-REZ-07 to change the zoning of acres from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential with conditions offered by the petitioner and listed in agenda packets. Funds, if applicable, are to be appropriated from account(s) / line item(s): n/a SUBJECT IN GREATER DETAIL, IF NEEDED: n/a Staff Review Are there exhibits for this agenda item? Yes List them in order they should appear in packet: Staff Report to the Planning Board, Petition, Petitioner s Statement of Zoning Compatibility, Neighborhood Meeting Report Department head initials and comments, if applicable: KDP, gmc Finance director initials and comments, if applicable: Town attorney initials and comments, if applicable: Town manager initials and / or comments: RH Town clerk initials: jp Agenda Topic Cover Sheet / last modified June 13, 2018

4 Town of Holly Springs Staff Report to the Planning Board REQUEST FOR ZONE MAP CHANGE Holly Springs New Hill Rd 18-REZ-07 PETITIONER(S): Shaun Smith Lake Time Development LLC OWNER(S): Edward Bacon Bacon, Marlou Smith Martha Mann Smith Charitable Remainder Unitrust LOCATION: [ x ] Within Corporate Limits of Holly Springs [ ] Within Holly Springs ETJ [ ] Annexation Pending ANTICIPATED REVIEW SCHEDULE: Planning Board: 8/28/2018 Public Hearing and Town Council Action: 9/18/2018 PROTEST PETITION FILED: [ ] Valid [ ] Invalid [ X ] None Filed STAFF CONTACTS: Matt Beard, Planner I Rachel Jones, Development Review Engineer ATTACHMENTS: Petition for Zone Map Change Statement of Zoning Compatibility Neighborhood Meeting Report

5 PARCEL INFORMATION OWNER PARCEL # ZONING AREA Edward Bacon Finisterra PUD (Expired) acres Bacon, Marlou Smith Martha Mann Smith Charitable Remainder Unitrust Edward Bacon Bacon, Marlou Smith Martha Mann Smith Charitable Remainder Unitrust Finisterra PUD (Expired) 1.99 acres TOTAL acres ADJACENT PROPERTY SITE DATA ZONING EXISTING LAND USE Subject Finisterra PUD (Expired) Vacant Property North 12 Oaks PUD; Wake County R- 80 Residential Single Family (12 Oaks) and Vacant (Duke Progress Energy) South R-30: Residential Vacant East R-10: Residential Planned Single Family (Addison Pond) West Wake County R-80 Residential Vacant (Duke Progress Energy) Rezoning History Rezoning Number: 00-R-10 Original Zoning: Wake County R-30 & R-20 Residential Proposed Zoning: PUD Approved by Town Council on: 10/17/2000 PROPERTY HISTORY ZONE MAP CHANGE REQUEST CURRENT PROPOSED Zoning District Finisterra PUD R-10 CU: Conditional Use Residential (Expired) Future Land-Use Residential No Change Designation Overlay District None No Change Conditional Use Permit Restrictions N/A 1. Building Architecture shall meet the Design Requirements of Unified Development Ordinance Tables 2.09 C-4 and 2.09 C-5, shown in the graphics below (see attachments) 2. Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 3. All single-family homes shall have a crawl space or have a raised foundation with a minimum rise of at least 20 inches from average grade across the front of the house to the finished floor level at the front door.

6 4. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three color families for siding and shall include varied trim, shutter and accent colors complementing the siding color. 5. Front porches shall be a minimum of 6 feet deep. 6. Trees shall be preserved in accordance with the proposed unified development ordinance section 7.01.j, required tree preservation. 7. The town requires certain fees to be paid upon development of land and for the granting of a building permit. said fees are listed in the town s annual budget, and with this rezoning the developer agrees he/she (i) is familiar with these fees, (ii) does not dispute the reasonableness of these fees as set forth in the town s annual budget; and (iii) notwithstanding any reimbursements discussed at this time through an infrastructure reimbursement agreement, hereby agrees to timely pay all normal and customary fees applicable to developer in connection with the residential project. Such fees are listed in the current year annual budget of fees at the time the fee is due under the ordinary course of development. 8. The town requires, pursuant to n.c.g.s. 160a-372, the dedication and construction of streets and rights of way, as shown in the approved comprehensive transportation plan, to create conditions essential to public health, safety, and the general welfare. A rezoning may be delayed until such time as necessary transportation improvements (to include offsite improvements) may be made, unless the town and the developer can enter into agreements to accelerate the time for completion of these needed improvements. 9. Developer agrees to pay a fee-in-lieu for the signal at green oaks parkway and new hill road proportionate to the projects impact. STAFF ANALYSIS PROJECT OVERVIEW The Town has received a request to rezone two parcels of land totaling approximately 26.7 acres situated along Holly Springs New Hill Road, just west of the Addison Pond and Trinity Creek subdivisions. The applicant is requesting to rezone the properties from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential. The subject properties, along with present-day 12 Oaks, were once part of the Finisterra PUD which was a large-scale golf course master planned community. However, Finisterra never developed and 12 Oaks came into fruition and developed under its current boundaries and the two subject parcels were never included in the development equation. So although these parcels are technically zoned PUD, it is an empty district because the Finisterra PUD plan is in fact expired and no longer in effect.

7 Zone Map Change Request: The request is to change the zoning from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential. Developer Commitments: The developer has offered the following conditions as part of their rezoning petition: 1. Building Architecture shall meet the Design Requirements of Unified Development Ordinance Tables 2.09 C-4 and 2.09 C-5, shown in the graphics below 2. Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 3. All single-family homes shall have a crawl space or have a raised foundation with a minimum rise of at least 20 inches from average grade across the front of the house to the finished floor level at the front door. 4. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three color families for siding and shall include varied trim, shutter and accent colors complementing the siding color. 5. Front porches shall be a minimum of 6 feet deep. 6. Trees shall be preserved in accordance with the proposed unified development ordinance section 7.01.j, required tree preservation. 7. The town requires certain fees to be paid upon development of land and for the granting of a building permit. said fees are listed in the town s annual budget, and with this rezoning the developer agrees he/she (i) is familiar with these fees, (ii) does not dispute the reasonableness of these fees as set forth in the town s annual budget; and (iii) notwithstanding any reimbursements discussed at this time through an infrastructure reimbursement agreement, hereby agrees to timely pay all normal and customary fees applicable to developer in connection with the

8 residential project. Such fees are listed in the current year annual budget of fees at the time the fee is due under the ordinary course of development. 8. The town requires, pursuant to n.c.g.s. 160a-372, the dedication and construction of streets and rights of way, as shown in the approved comprehensive transportation plan, to create conditions essential to public health, safety, and the general welfare. A rezoning may be delayed until such time as necessary transportation improvements (to include offsite improvements) may be made, unless the town and the developer can enter into agreements to accelerate the time for completion of these needed improvements. 9. Developer agrees to pay a fee-in-lieu for the signal at green oaks parkway and new hill road proportionate to the projects impact. PLANNING & ZONING Vision Holly Springs Comprehensive Plan Future Land Use The Vision Holly Springs Comprehensive Plan designates these properties as residential. This category is intended to provide for a wide range of residential densities and limited public and institutional uses. Densities may range from (2) units per acre up to fifteen (15) units per acre. Densities up to fifteen units per acre shall be situated around the core areas of the Community Growth Areas or adjacent to major employment centers or regional center. As development extends further from the core, densities would decrease. When business and commercial uses locate at major intersection adjacent to residential areas concern should focus on the intensity of the proposed uses and appropriate buffering of adjacent uses and appearance of those uses should limit impacts on adjacent residential uses. Higher densities will be located near core areas or adjacent to regional centers. Future Land Use Objectives that apply to this request include: 5) Establish a series of pedestrian friendly neighborhoods that will enable the town to maintain a small town character as it grows and changes. 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. Community Character According to the Community Character section, the property is located along a major thoroughfare and will be evaluated to ensure that the project will positively contribute to the Town s Village Character. Community Character Objectives that apply to this request include: (1) Encourage a village atmosphere by creating a sense of community and identity for the residents and businesses of Holly Springs. (8) The Town shall encourage the development of pedestrian oriented developments. (9) The Town shall ensure residential neighborhoods contribute to an overall sense of community through the interconnectivity of roads and pedestrian pathways. Zone Map Change Analysis Since the current PUD zoning has expired, any development on the subject properties would require the property to be rezoned. As the property is designated as Residential on the Comprehensive Plan, and is adjacent to several single family residential subdivision, it is unlikely that the rezoning from PUD to R-10 CU will have a significant impact on the adjacent properties. The maximum density allowed in the R-10 district is 3.25 units per acre. The adjacent Addison Pond subdivision was approved with R-10 zoning with a maximum density of 3.25 units per acre, but the actual subdivision plan for the property yielded only 1.84 units per acre. Likewise, the Trinity Creek subdivision just southeast of the subject property

9 was approved with R-10 CU, with conditions limiting development density to 2.5 units per acre, but the subdivision plan yielded only 2.17 units per acre. Therefore, while the requested district would allow up to 3.25 units per acre, the application of other development requirements would likely result in a development of similar density to the existing subdivisions in the immediate vicinity. A Conditional Use District allows the Petitioner to place specific conditions on the property that are more restrictive than the minimum zoning regulations in the Town s Unified Development Ordinance. Once a Petitioner has placed such conditions with the Zoning Map Change request, they cannot be removed or modified to reduce the restriction. During the review and consideration process the Petitioner may add additional conditions or make the proposed conditions more restrictive. ENGINEERING Utility Availability and Impacts due to change of Permitted Uses: A project on this site will be required to tie to municipal water and sewer. Additional studies or evaluation may be needed at that time to determine size and location of any extensions. This project will also be required to improve the adjacent public street to the current standards as outlined in the Town of Holly Springs Engineering Design and Construction Standards and the Comprehensive Transportation Plan. It was determined that this project did not meet the threshold for a Traffic Impact Analysis (TIA). All projects in this area will be required to meet the Town s NPDES Phase 2 Post Construction Stormwater Ordinance and any applicable requirements of the stream basin. STAFF RECOMMENDATION TO THE PLANNING BOARD PLAN CONSISTENCY STATEMENT: The requested zone map change from PUD to R-10 CU is consistent with the Vision Holly Springs Comprehensive Growth Plan since the Future Land Use Plan Map indicates this property as Residential, which allows for residential development between 2 and 8 units per acre, and the proposed R-10 CU: Conditional Use Residential District allows for single-family residential development with a maximum 3.25 dwelling units an acre which is appropriate for the subject properties since they are not located within a Community Growth Area. ZONE MAP CHANGE PETITION MOTION: Motion to recommend that the Town Council approve/deny/table Zone Map Change Petition #18-REZ-07 to change the zoning of acres of Wake County PIN # s and from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential District as submitted by Shaun Smith with the following conditions offered by the applicant. 1. Building Architecture shall meet the Design Requirements of Unified Development Ordinance Tables 2.09 C-4 and 2.09 C-5, shown in the graphics below

10 2. Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 3. All single-family homes shall have a crawl space or have a raised foundation with a minimum rise of at least 20 inches from average grade across the front of the house to the finished floor level at the front door. 4. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three color families for siding and shall include varied trim, shutter and accent colors complementing the siding color. 5. Front porches shall be a minimum of 6 feet deep. 6. Trees shall be preserved in accordance with the proposed unified development ordinance section 7.01.j, required tree preservation. 7. The town requires certain fees to be paid upon development of land and for the granting of a building permit. said fees are listed in the town s annual budget, and with this rezoning the developer agrees he/she (i) is familiar with these fees, (ii) does not dispute the reasonableness of these fees as set forth in the town s annual budget; and (iii) notwithstanding any reimbursements discussed at this time through an infrastructure reimbursement agreement, hereby agrees to timely pay all normal and customary fees applicable to developer in connection with the residential project. Such fees are listed in the current year annual budget of fees at the time the fee is due under the ordinary course of development. 8. The town requires, pursuant to n.c.g.s. 160a-372, the dedication and construction of streets and rights of way, as shown in the approved comprehensive transportation plan, to create conditions essential to public health, safety, and the general welfare. A rezoning may be delayed until such time as necessary transportation improvements (to include offsite improvements) may be made, unless the town and the developer can enter into agreements to accelerate the time for completion of these needed improvements.

11 9. Developer agrees to pay a fee-in-lieu for the signal at green oaks parkway and new hill road proportionate to the projects impact. 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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13 polygonlayer Override 1 Vicinity Map ± inch = 800 feet 1,750 ft Disclaimer imaps makes every effort to produce and publish the most current and accurate information possible. However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied, are provided for the data therein, its use,or its interpretation.

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20 polygonlayer Override 1 Vicinity Map ± inch = 800 feet 1,750 ft Disclaimer imaps makes every effort to produce and publish the most current and accurate information possible. However, the maps are produced for information purposes, and are NOT surveys. No warranties, expressed or implied, are provided for the data therein, its use,or its interpretation.

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26 Resolution No.: Date Adopted: Effective Date: 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-07 to change the zoning of 26.7 acres of Wake County PIN s and from PUD: Planned Unit Development to R-10 CU: Conditional Use Residential District as submitted by Shaun Smith with the following conditions offered by the applicant: 1. Building Architecture shall meet the Design Requirements of Unified Development Ordinance Tables 2.09 C-4 and 2.09 C-5, shown in the graphics below: Office of the Mayor P.O. Box S. Main Street Holly Springs, NC dick.sears@hollyspringsnc.us

27 2. Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 3. All single-family homes shall have a crawl space or have a raised foundation with a minimum rise of at least 20 inches from average grade across the front of the house to the finished floor level at the front door. 4. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three color families for siding and shall include varied trim, shutter and accent colors complementing the siding color. 5. Front porches shall be a minimum of 6 feet deep. 6. Trees shall be preserved in accordance with the proposed unified development ordinance section 7.01.j, required tree preservation. 7. The town requires certain fees to be paid upon development of land and for the granting of a building permit. said fees are listed in the town s annual budget, and with this rezoning the developer agrees he/she (i) is familiar with these fees, (ii) does not dispute the reasonableness of these fees as set forth in the town s annual budget; and (iii) notwithstanding any reimbursements discussed at this time through an infrastructure reimbursement agreement, hereby agrees to timely pay all normal and customary fees applicable to developer in connection with the residential project. Such fees are listed in the current year annual budget of fees at the time the fee is due under the ordinary course of development. 8. The town requires, pursuant to n.c.g.s. 160a-372, the dedication and construction of streets and rights of way, as shown in the approved comprehensive transportation plan, to create conditions essential to public health, safety, and the general welfare. A rezoning may be delayed until such time as necessary transportation improvements (to include offsite improvements) may be made, unless the town and the developer can enter into agreements to accelerate the time for completion of these needed improvements. Developer agrees to pay a fee-in-lieu for the signal at green oaks parkway and new hill road proportionate to the projects impact. 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, 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. Office of the Mayor P.O. Box S. Main Street Holly Springs, NC dick.sears@hollyspringsnc.us

28 Part 5: EFFECTIVE DATE The provisions of this ordinance shall become effective MONTH XX, 20XX in accordance with the laws of the State of North Carolina. Adopted this, the XX th day of MONTH, 20XX. Town of Holly Springs by ATTEST: Dick Sears, Mayor Joni Powell, NCCMC, Town Clerk Office of the Mayor P.O. Box S. Main Street Holly Springs, NC dick.sears@hollyspringsnc.us