Rezoning:

• Residential Medium Density-Conditional Zoning District (RMD-CZD)

  • Town Board Approval: 6/4/2018

• Conditions: 

The Town Board approved the Residential Medium Density Conditional Zoning District (RMD-CZD), with the following conditions regarding site-specific standards: 

• The land shall be developed as an Open Space Development in accordance with Part 9, Article F of the Land Development Ordinance.
• Lots adjacent to existing subdivisions shall have a minimum land area of 7,000 square feet.
• The minimum amount of open space provided shall be 25% of the total site.
• The density of the development shall be limited to 3.25 dwelling units per acre.
• Age Restriction
  • The community shall consist of “Age-Restricted” units in accordance with the Federal Housing for Older Persons Act of 1995 and the Exemptions for Housing for Older Persons contained in the North Carolina Fair Housing Act.
  • In accordance with the provisions of the Housing for Older Persons Act, the following requirements shall be satisfied;
    1. That at least 80% of the occupied dwelling units in the community must be occupied by at least one occupant who is 55 years of age or older;
    2. That the housing community publish policies and procedures that demonstrate its intent to comply with the Housing for Older Persons Act; and
    3.  That the community comply with the rules issued by the Department of Housing and Urban Development (HUD) for verification of occupancy requirements.
  • The Declaration of Covenants, Conditions, and Restrictions for the community shall require that the HOA comply with the requirements of the Federal Housing for Older Persons Act of 1995. The Declaration shall:
    1. Specify that at least 80% of the dwelling units in the community must be occupied by at least one occupant who is 55 years of age or older,
    2. Require the HOA to document and verify the ages of the dwelling unit occupants in accordance with the Housing for Older Persons Act; and
    3. Require the HOA to provide evidence of compliance with the Housing for Older Persons Act to the Zoning Enforcement Officials upon request.
  • All housing within the community shall be subject to the Housing for Older Persons Act and the Declaration of Covenants, Conditions, and Restrictions.  The Declaration of Covenants, Conditions, and Restrictions shall be subject to review by the Town Attorney and Town Planning Director, to verify continued compliance with this Zoning Condition.  
  • The HOA shall conduct a survey every two years to verify the ages of the dwelling unit occupants, all in accordance with the Housing for Older Persons Act, and shall provide a summary of the findings to the Town’s Planning Director.
  • As a condition of the Zoning, The HOA shall continuously enforce these requirements and the Covenants, Conditions, and Restrictions.  In the event that the community becomes non-compliant with these requirements, and/or is notified by the Town of a potential violation, the HOA shall take actions necessary to remedy the violation and bring the community back into compliance.
• Vinyl siding is not permitted; however, vinyl windows, decorative elements and trim are permitted.
• Garage doors shall have either windows, decorative details, or carriage style adornments.
• Community Character:
  • No home can be constructed with an exterior elevation (front façade) or color palette that is identical to the home on either side or directly across the street from it
  • Three lot widths shall be identified on the Approved Site Plan.  There shall be at least 16’ of width variation between the smallest and largest lot size.  No lot size shall comprise less than 20% of the total lot count for the community.
  • One Common Green areas per 100 lots shall be located throughout the community.  The Common Green areas credited toward this condition shall have a common theme consisting of a combination of hardscapes, benches and landscaping.
  • Lifestyle facilities will consist of an amenity building (or buildings) that include an indoor pool, outdoor pool, meeting rooms, arts and crafts rooms, outdoor gathering spaces, multiple sport courts (Bocce, Tennis, and Pickleball) and an indoor fitness room with fitness equipment.    These main amenity facilities will be a minimum of 18,000 square feet and will be sized to accommodate the number of homes within the neighborhood.   These facilities will be completed prior to the 450th certificate of occupancy.  An interim lifestyle facility may be constructed within the neighborhood until the main amenity facilities are completed.
• Transportation Improvements:
  • The widening of Purfoy Road along the project frontage shall be completed prior to the issuance of a certificate of occupancy.   This certificate of occupancy restriction shall not apply to a construction trailer, sales trailer, sales center and up to 16 model homes.
  • The need for off-site traffic improvements will be determined by a Traffic Impact Analysis study.  Any improvements specified by this study (widening, traffic signal, etc) will be constructed when warranted.  All required improvements that are warranted will be constructed prior to the final certificate of occupancy for the community.