Council Action Requested:
Application by CLREF III Acquisitions LLC to rezone 5 parcels totaling approximately 780.40 acres located at and adjacent to 8275 Van Wyck Road (TM#: 0022-00-002.00, 0022-00-002.02, 0022-00-002.03, 0022-
00-003.00, 0022-00-03.01) from Rural Neighborhood (RN) to Medium Density Residential (MDR) to allow development of a 1,019-lot single-family residential cluster subdivision (1.3 du/acre). The subject property is located adjacent to the Town of Van Wyck corporate limits and is southwest of the Tree Tops subdivision (approx. 1.3-miles away from entrance).
A concept plan was submitted with the associated Development Agreement (DA 2022-0735) identifying the proposed neighborhood configuration, which spans both sides of Van Wyck Road. The plan has been attached to this rezoning report.
A TIA was also submitted with the associated Development Agreement and a summary of its findings and the County's traffic engineer consultant comments can be found in the staff report. The TIA also been attached to this report.
Points to Consider:
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 principal 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 MDR zoning within the region (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 and agricultural uses. The largest of the subject parcels (0022-00-002.00) includes 151.025 acres that is subject to a conservation easement held by the Katawba Valley Land Trust. Approximately 874 acres to the north of the subject parcel are also subject to multiple conservation easements.
The subject properties are bordered to the south by the Town of Van Wyck. In the Town’s adopted Comprehensive Plan, 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.
Funding and Liability Factors:
N/A
Recommendation:
Planning Commission considered this item at their October meeting and unanimously recommended denial of the rezoning.
Public Comments: 7 citizens spoke during the public hearing for the rezoning. 6 were opposed to the development citing traffic, rapid growth, and inconsistency with the immediately surrounding area as their primary concerns. 1 person spoke in favor of the project as a representative of the Nisbet family.
72 written comments were submitted prior to the Planning commission all in opposition to the proposed rezoning and associated Development Agreement. A summary of these comments is attached.
A petition against the development was submitted. As of the date of this report (11-4-2022), 899 citizens have signed. The cover sheet for the petition is attached. Please be advised staff does not verify whether petition signatures are County citizens.
Staff also recommended disapproval of the proposed rezoning.