File #: ID 14-0714    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 10/20/2014 In control: City Council
On agenda: 11/18/2014 Final action: 11/18/2014
Title: Ordinance Establishing Original Zoning from County RS-40 (Residential Single Family) and County AG (Agriculture) to City CD-R-3 (Conditional District Residential Single Family) for Property Located at 5209 Liberty Road, Generally Described as Northeast of Liberty Road and South of Field Horney Road
Attachments: 1. CC_PLZ14-15_LibertyRdZoning.pdf, 2. CCP-PLZ14-15_LibertyRdAerial.pdf, 3. Staff report for PL(Z) 14-15 (5209 Liberty Rd).pdf, 4. minutes for PL(Z) 14-15 (5209 Liberty Rd).pdf, 5. zoning statement for PL(Z) 14-15 (5209 Liberty Rd).pdf, 6. 14-0714 Ordinance for PL(Z) 14-15 (5209 Liberty Rd).pdf
Related files: ID 14-0696, ID 14-0694
 
. Title
Ordinance Establishing Original Zoning from County RS-40 (Residential Single Family) and County AG (Agriculture) to City CD-R-3 (Conditional District Residential Single Family) for Property Located at 5209 Liberty Road, Generally Described as Northeast of Liberty Road and South of Field Horney Road
 
Body
Department:       Planning
Council District:  Proximate to District 1
 
Public Hearing:       November 18, 2014
Advertising Date/By:  November 6 &13, 2014/City Clerk
 
Contact 1 and Phone:      Mike Kirkman      373-4649
Contact 2 and Phone:      Sue Schwartz      373-2149
 
PURPOSE:
Redwolf Development Co., LLC, on behalf of Jack and Martha Fields, is requesting original zoning from County RS-40 (Residential Single Family) and County AG (Agriculture) to City CD-R-3 (Conditional District Residential Single Family) for property located at 5209 Liberty Road, generally described as northeast of Liberty Road and south of Field Horney Road.
 
As this request is associated with a voluntary annexation petition, the City Council will conduct a public hearing to consider and take action on this request at its November 18, 2014 meeting.
 
BACKGROUND:
Following a public hearing on October 13, 2014, the Zoning Commission voted 6-0 to recommend approval of this request.  Two persons spoke in favor of the request and six in opposition. (See attachment B: Minutes of the October 13, 2014 Zoning Commission meeting).  This request is associated with a voluntary annexation petition.
 
The proposed original zoning request to City CD-R-3 (Conditional District- Residential Single Family) includes the following condition:
 
1.      Uses limited to single family detached dwellings and customary accessory uses and structures
2.      All dwellings to have an attached garage for a minimum of two automobiles
3.      Minimum 24 foot common area buffer along northern and eastern property lines that abut the existing single-family detached lots in "Forest Oaks". Within this common area there shall be no permanent structures.  Utility lines, storm water control devices, fences, landscaping and other similar items along with clearing, grading, erosion control and other similar activities shall be permitted within this common area
4.      Principal structures shall maintain a minimum rear yard setback of 30 feet for all lots that adjoin the existing "Forest Oaks Commons" townhouses, also known as "Stone Gables".
5.      Minimum 10 foot rear yard setback for Accessory Use Structures (Customary) for all lots that adjoin the existing "Forest Oaks Commons" townhouses, also known as "Stone Gables"
6.      A 10 foot vegetated buffer, exclusive of required utility areas, along the common property line with the existing "Forest Oaks Commons" townhouses, also known as "Stone Gables" shall be preserved except for the following activities: a) the cutting or trimming of overcrowded trees as reviewed and approved by the City Forester; and b) normal maintenance for the removal of dead, diseased, deformed, poisonous, or noxious vegetation that is done in a manner that does not impact the root systems of existing trees
 
This request addresses the following MAP Goals:
 
MAP Goal 2 - Maintain infrastructure and provide sustainable growth opportunities
 
BUDGET IMPACT:
This item will have no budget impact.
 
RECOMMENDATION / ACTION REQUESTED:
The Zoning Commission voted 6-0 to approve this request.
 
Planning recommends approval of the request based on:
 
-      Request is consistent with the Growth at the Fringe goal to promote sound, sustainable land use patterns that provide for the efficient provision of public services and facilities.
-      Request is consistent with the Housing and Neighborhoods goal to meet the needs of present and future Greensboro citizens for a choice of decent, affordable housing in stable, livable neighborhoods that offer security, quality of life and the necessary array of services and facilities.