Zoning Districts

Pursuant to UDO Chapter 2.3, the current RN District is established to protect the residential character of communities and neighborhoods in the rural area at a density of 1.0 dwelling units per acre. The district is intended to promote rural living, protect farmland, and to maintain the low density residential.

The proposed MDR District is established to maintain previously developed or approved single-family residential subdivisions and their related recreational, religious, and educational facilities at a density of 2.5 dwelling units per acre. Intended to act as a transitional zoning district between rural and urban development, these regulations are further intended to discourage any use which would be detrimental to the predominately residential nature of the areas included within the district.

The proposed Cluster Subdivision Overlay is an alternative to traditional subdivision design, with the principle purpose being to encourage open space and conservation in Medium Density Residential District. Site planning technique concentrates buildings and structures to the most buildable areas, preserving the remaining area as open space for recreation and preservation of significant site features. 

Compatibility with Surrounding Area

The subject parcels are predominately surrounded by other parcels zoned RN, with some Light Industrial and a nearby PDD (Treetops). The requested MDR District is intended to maintain previously developed or approved single-family residential subdivisions, and to allow use of the Cluster Subdivision Overlay.

The subject parcels are immediately adjacent to low density residential uses. The largest of the subject parcels (0022-00-002.00) includes 151.025 acres under a conservation easement held by the Katawba Valley Land Trust. Approximately 874 acres to the north of the subject parcel are also covered by multiple conservation easements.

The subject properties are bordered to the South by the Town of Van Wyck. In the Town’s Comprehensive Plan (adopted Aug. 2, 2021), they state the following as their vision for the town:

The Town of Van Wyck is a rural community rich in history and natural resources. This authentic, rural lifestyle provides access to greenways, river trails, and parks that connect modern amenities, services, and cultural facilities. Stewards of the natural environment, the community is committed to development with sensitive site and architectural design that preserve and enhance the native landscape, farmland, and forest lands.

With the parcels within this project bordered to the north by land which cannot be developed due to existing conservation easements and to the south by the Town of Van Wyck who has indicated their desire to maintain their rural character MDR zoning and the proposed use of the Cluster Subdivision Overlay does not seem to be consistent with the character of the area. 

Staff recommends: Denial of RZ-2022-0735 an application by CLERF III Acquisitions LLC to rezone approximately 780.4 acres from Rural Neighborhood (RN) District to Medium Density Residential (MDR) District with the Cluster Subdivision Overlay (CSO);