Get documents about "CITY OF DURHAM DURHAM COUNTY NORTH CAROLINA Zoning Map
Document Sample
CITY OF DURHAM | DURHAM COUNTY
NORTH CAROLINA
Zoning Map Change Report
This item was continued from the April 6, 2009 and September 8, 2009 City
Council meetings. Changes to the staff report are shown with additional language
underlined and deleted language stricken.
Meeting Date: March 15, 2010
Eno Drive at West Point
Reference Name Jurisdiction City
on the Eno (Z07-47)
Residential Suburban-10
Proposed Zoning
(RS-10)
Planned Development Residential
Request Existing Zoning
6.200 (PDR 6.200)
Proposed Use None specified
Existing Use Vacant
Tier Suburban
Low-Medium Density Residential
Land Use Designation
(4-8 DU/Ac)
Site Characteristics Site Acreage 59.649
Overlay Eno-B (E-B)
River Basin Neuse
Drainage Basin Falls Lake
Durham City-County
Applicant Submittal Date December 10, 2007
Planning Department
West side of North Roxboro Road, south of the Eno River and east
Location
of Warren Creek
PINs 0824-04-62-4788, -18-42-3302
Approval, should the plan amendment be
adopted, based on consistency with the
Staff
Comprehensive Plan and considering the
information contained in this report.
Approval, 8-5 on December 9, 2008. The
Planning Commission finds that the ordinance
request is not consistent with the adopted
Recommendations/
Comprehensive Plan. However, should the
Comments
Planning plan amendment be approved, the request
Commission would be consistent with the Comprehensive
Plan. The Commission believes the request is
reasonable and in the public interest and
recommends approval based on the
information in the staff report.
DOST See attached memo
Zoning Map Change Report
Case Z07-47
A. Summary
The Joint City-County Planning Committee directed the Planning Department to
initiate this zoning map change based on recommendations in the Land Use and
Zoning Adjacent to Abandoned Thoroughfares report (see Attachment 4) to change
the zoning designation of the 59.649 acre site located on the west side of North
Roxboro Road, south of the Eno River and east of Warren Creek from PDR 6.200
to RS-10. The request is not consistent with the future land use designation of the
current Comprehensive Plan; however, a plan amendment application (Eno Drive at
West Point on the Eno, A0800001) from Low-Medium Density Residential (4-8
DU/Ac) to Low Density Residential (4 DU/Ac or less) has been requested. Staff is
recommending approval of this plan amendment application and approval of the
zoning map change request to RS-10.
B. Site History
This site was formerly in the City’s extraterritorial jurisdiction area (ETA). It was
annexed in 1997. At the time of establishment of the City’s ETA, staff
recommended R-20 zoning (a low density residential district); however, the
landowner was granted a requested zone of PDR 6.200. It appears that this decision
was influenced by the proposed Eno Drive thoroughfare adjacent to the site on the
north. The Eno Drive thoroughfare is no longer going to be constructed, and has
now been removed from the Durham-Chapel Hill-Carrboro Metropolitan Planning
Organization’s (MPO) Long-Range Transportation Plan (LRTP). On October 3,
2007 the Joint City-County Planning Committee (JCCPC) directed Planning staff to
analyze the zoning and future land use designations along the abandoned
thoroughfare. Planning Staff conducted the review and on December 5, 2007
recommended that this site, along with an area along Denfield Road, should be
designated for lower residential density in the Comprehensive Plan, and should be
zoned to RS-10. The JCCPC concurred. Already zoned RS-10, the Denfield area
proceeded with the plan amendment and resulted in City Council approval on
August 4, 2008. Consideration of the rezoning of the subject area was delayed at the
request of the property owners and some citizens then expressed concerns that a
zoning map change could negatively impact potential state efforts to acquire the
site.
C. Area Characteristics
This site is located on the west side of North Roxboro Road, south of the Eno River
and east of Warren Creek, and in the Suburban Tier. Uses in the area consist of
single family residential, a cemetery, and vacant land; zoning is Residential
Suburban-20 (RS-20), RS-10, and Residential Suburban-Multi-family with a
development plan (RS-M(D)).
Page 2 of 2
Zoning Map Change Report
Case Z07-47
Adjoining Uses, Zoning Districts and Overlays
Existing Uses Zoning Districts Overlays
North Open space RS-20 E-B
East Single-family residential, vacant RS-20, RS-10 E-B
Single-family residential, cemetery, and
South RS-20, RS-10 E-B
vacant
West Vacant RS-M(D) E-B
Staff Analysis and Conclusion. Since the proposed Eno Drive thoroughfare has
been removed from the LRTP, the intensity of the current zoning of this site is no
longer appropriate. The proposed single-family residential use is the same as the
existing residential uses in this area. The intensity of this proposed district, RS-10,
is 3.5 dwelling units per acre, would be the same as some of the developed property
to the south. It would be more intense than other adjacent property, which is RS-20
(single-family residential at 2.0 dwelling units per acre). The property to the north is
designated as Recreation/Open Space and is being used to protect the Eno River.
Development should be less intense progressing toward the environmentally
sensitive area of the Eno River. The RS-10 zoning district will create a more
appropriate transition to the Eno River than PDR 6.200 by allowing less residential
density. It will also be more consistent with single-family zoning to the south.
D. Site Characteristics
The zoning map change site is a 59.649 acre property that is currently vacant.
Aerial photography dated 2005 shows tree cover for the entire site. The Inventory of
Important Natural Areas, Plants and Wildlife shows the entirety of this site within
the area designated as West Point on the Eno. A summary of the significant features
include (Durham County Inventory of Important Natural Areas, Plants, and
Wildlife, p.257):
1. A high concentration of globally and state rare species in the Eno
River Aquatic Habitat.
2. Rare nesting species (Buteo platypterus, and Bombycilla cedrorum)
and other nesting populations (Accipiter cooperii).
3. Regionally rare species (Plethodon cinereus and Chlosyne nycteis).
4. Unfragmented movement corridor that connects to other natural areas.
5. Cooperative efforts of local agencies, private landowners, and citizens
gives preservation of natural and recreational values of the Eno River a
wide base of popular support.
A summary of the conservation recommendations that pertain to this site as set forth
for this Natural Area include protection of the Eno River Aquatic Habitiat and water
quality protection (Durham County Inventory of Important Natural Areas, Plants,
and Wildlife, p.260). Approximately 0.8 acres of the westernmost portion of this
site is impacted by floodplain and steep topography that may include regulated
steep slopes. There are no other identified environmental features on this site.
Staff Analysis and Conclusion. There are no identified constraints that would
prevent the site from being developed as RS-10 in accordance with applicable
Page 3 of 3
Zoning Map Change Report
Case Z07-47
ordinance standards. Conformance with UDO requirements will be determined at
the time of subdivision review.
E. Requested Zoning District Characteristics
RS-10 (Residential Suburban) - the RS-10 district is established to provide for
suburban residential development and redevelopment with a minimum lot size of
10,000 square feet. A variety of single-family housing types are permitted. While
RS-10 is a residential district, certain nonresidential uses may be sought through a
special use permit, such as day care facilities and places of worship, or other uses
designated in the limited provisions of the ordinance.
Residential Development Standards – RS-10
Code
Minimum Maximum Proposed
Provision
Site Area (square feet) 6.3.1.A 10,000 N/A 2,598,310
Staff Analysis and Conclusion. The proposed zoning change would allow single-
family residential use in accordance with the development standards of the Unified
Development Ordinance. As RS-10 there are no identified constraints that would
prevent the site from being developed in accordance with applicable ordinance
standards.
F. Infrastructure Impacts
Road Impacts
This zoning map change will reduce trips on North Roxboro Road when compared
with development under the current zoning. North Roxboro Road is currently
operating at Level of Service F. NCDOT TIP project U-4722, if it is constructed,
will improve this portion of North Roxboro Road. The cross-section for this
improvement has yet to be determined; and the project is currently unfunded
through 2012.
Road Impacts
Affected Segments North Roxboro Road
Roadway Capacity (LOS D) (AADT) 33,900
Latest Traffic Volume (AADT) 32,000
Traffic Generated by Present Designation
2,368
(average 24 hour)*
Traffic Generated by Proposed Designation
2,040
(average 24 hour)**
Impact of Proposed Designation Decrease of daily trips by 328
Source of LOS Capacity: FDOT Generalized Level of Service Volume Table 4-1 (2002);
North Roxboro Road: 5-lane undivided Class I arterial
Source of Latest Traffic Volume: 2007 NCDOT Traffic Count Map
*Assumption (Max Use of Existing Zone) - PDR 6.200: 369 Apartments
**Assumption (Max Use of Proposed Zoning) - RS-10: 208 Single-Family Units
Page 4 of 4
Zoning Map Change Report
Case Z07-47
2. Transit Impacts
Transit service is provided within one quarter mile of the site along North
Roxboro Road via Data Route 17.
3. Utility Impacts
The site is not currently served by public sewer and water.
4. Drainage/Stormwater Impacts
The impacts of any change will be assessed at the time of subdivision
submittal.
5. School Impacts
The proposed request could generate an estimate of six fewer students from
the current zoning designation. The schools that would potentially serve this
site are Holt Elementary, Carrington Middle School and Riverside High
School.
School Impacts – System Totals
Elementary Middle High
School School School
Current Building Capacity 15,968 8,063 9,670
16,273 7,795 9,859
Maximum Building Capacity (LOS) - 17,565 8,869 10,637
110% of capacity 17,900 8,575 10,845
20th Day Attendance 16,260 6,553 9,928
(2008-09 School Year) (2009-10 School Year) 16,055 6,530 9,844
Committed to date 99 32 (160)
(January 2006 – December 2008) (January 2007 –
December 2009)
(62) (46) (251)
Available Capacity 1,206 2,284 869
1,907 2,091 1,252
Potential Students Generated - Current
49 18 11
Zoning
Potential Students Generated - Proposed
31 17 24
Zoning
Impact of Rezoning (18) (1) +13
6. Water Supply Impacts
Development allowed with the proposed zoning map change is estimated to
generate a demand for water of 31,616 gallons per day (GPD). This
represents a decrease of 4,546 GPD over what development with the present
zoning will allow.
Page 5 of 5
Zoning Map Change Report
Case Z07-47
Water Supply Impacts
Current Water Supply Capacity 37.00 MGD
Present Usage 28.71 MGD
26.64 MGD
Approved Zoning Map Changes 2.61 MGD
(January 2006 – December 2008) (January 2007—December 2009) 1.44 MGD
Available Capacity 5.68 MGD
8.92 MGD
Estimated Water Demand Under Present Land Use 36,162 GPD
Potential Water Demand Under Proposed Land Use 31,616 GPD
Impact of Zoning Map Change -4,546 GPD
Notes: MGD = Million gallons per day
*Assumption- (Max Use of Existing Zoning) – PDR 6.200: 369 Apartments
** Assumption- (Max Use of Proposed Zoning) – RS-10: 208 Single-Family Units
Staff Analysis and Conclusion. Infrastructure is available to serve development
pursuant to the zoning map change. Should the property be developed, the expected
impacts on roads, schools, and water demand would be less than the impact if
developed according to the current zoning.
G. Plan Consistency
Plan Requirements
Requirement(s)
Policy Consistent
(LOS = Level of Service)
Low-Medium Density
Future Land Use Map No
Residential (4-8 DU/Ac)
2.2.2b Infrastructure Capacity Yes
Development Review and the
7.1.6b Yes
Inventory
Comprehensive Plan Eno River State Park
7.2.2c Yes
Protection and Coordination
8.1.2m Transportation LOS Yes
Water Quantity and Quality
9.4.1a, b and c Yes
LOS
11.1.1a School LOS Yes
Staff Analysis and Conclusion. The request is not consistent with the Future Land
Use Map; however, a plan amendment (Eno Drive at West Point on the Eno,
A0800001) has been requested. Should the plan amendment be approved, this
request would be consistent with the policies of the Comprehensive Plan that are
applicable to the development.
H. Notification
Staff certifies that newspaper advertisements, letters to property owners within 600
feet of the site and the posting of a zoning sign on the property has been carried out
in accordance with Section 3.2.5 of the UDO. In addition, the following
neighborhood organizations were mailed notices:
Page 6 of 6
Zoning Map Change Report
Case Z07-47
Durham Justice & Fairness Inter-Neighborhood Association
Inter-Neighborhood Council
Durham People’s Alliance
Partners Against Crime-District 2
Argonne Hills Neighborhood Association
Eno River Association
Friends of West Point Park
Historic Preservation Society of Durham
Horton Hills Homeowners Association
I. Recommendations
Staff recommends approval, should the plan amendment be approved, based on
consistency with the Comprehensive Plan, and considering the information
provided in this report.
Planning Commission recommends approval. The Planning Commission finds that
the ordinance request is not consistent with the adopted Comprehensive Plan.
However, should the plan amendment be approved, the request would be consistent
with the Comprehensive Plan. The Commission believes the request is reasonable
and in the public interest and recommends approval based on the information in the
staff report.
J. Summary Minutes of the Planning Commission December 9, 2008
(Case Z07-47)
Location: West of Roxboro Road, south of West Point on the Eno City Park
Request: PDR 6.200 to RS-10
Staff Recommendation: Amy Wolff presented the staff report.
Public Hearing: Chair Brine opened the public hearing. One person spoke in
favor of the request and a number of persons spoke in opposition.
Commission Discussion: Commission discussion centered around the down zoning
of the property, designation of low medium density of the area as opposed to very
low density; the impact on the environment, and the effect of the preservation of
wildlife and natural species.
Findings: The Planning Commission finds that the ordinance request is not
consistent with the adopted Comprehensive Plan. However, should the plan
amendment be approved, the request would be consistent with the Comprehensive
Plan. The Commission believes the request is reasonable and in the public interest
and recommends approval based on the information in the staff report.
Substitute Motion: Recommend rezoning to RS-20 (Ms. Jacobs, Ms. Mitchell-
Allen 2nd)
Action: Motion failed 6-7.
Motion: To approve, (Ms. Giles, Ms. Mitchell-Allen 2nd)
Page 7 of 7
Zoning Map Change Report
Case Z07-47
Action: Motion carried, 8-5 (with Ms. Mitchell-Allen, Mr. Greene, Mr. Edens,
Ms. Jacobs, Ms. Smith, voting no, Mr. Moffitt recused.)
K. Staff Contact
Amy Wolff, Planner, 560-4137 ext 235 or amy.wolff@durhamnc.gov.
L. Applicant Contact
Durham City-County Planning Department
M. Attachments
1. Context Map
2. Future Land Use Map
3. Aerial Photograph
4. Land Use and Zoning Adjacent to Abandoned Thoroughfares Report
5. DOST Memorandum
6. Planning Commissioner’s Written Comments
7. Ordinance Form
Page 8 of 8
Related docs
