08-REZ-08 Green Level Church Road Zoning Map Correction TC
Rezoning Staff Report to the Town Council
Request
The Town of
This zoning map correction does not affect the existing base zoning districts for the subject parcels, nor does it affect any overlay zoning districts other than the Conservation Residential Overlay District.
Section 3.4.1(I) of the Land Development Ordinance allows the Council to correct map errors such as this through a single public hearing, which only requires published notice. Following the public hearing, Council will not need to refer this to the Planning and Zoning Board, but may take action on the Ordinance to correct the map in accordance with the official records.
Background Information
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Applicant/Agent |
Town of | ||
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Acreage |
41.10 +/- | ||
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General Location |
Two locations: 40.12 acres located north of | ||
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Hearings / Meetings |
Public Hearing |
Planning & Zoning Not Required |
Town Council Not Required |
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Land Use Designation |
Low Density Conservation Residential, Very Low Density Conservation Residential, and Rural (Southwest Area Plan) | ||
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Town Limits and/or ETJ |
40.12 acres are located outside the Cary Town Limits but within the Cary ETJ, and 0.98 acres are located within the Cary Town Limits. | ||
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Existing Base District Zoning |
Residential 40 (R-40) and Planned Development District, Major (PDD Major). | ||
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Proposed Base District Zoning |
No change. | ||
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Existing Overlay District Zoning |
(1) Watershed Protection Overlay, | ||
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Proposed Overlay District Zoning |
(1) No change to Watershed Protection Overlay. (2) Change 40.12 acres from Very Low Density Conservation Residential sub-district to Low Density Conservation Residential sub-district, within the Conservation Residential Overlay District. (3) Add 0.98 acres to Conservation Residential Overlay, with a Rural sub-district. | ||
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Annexation |
Not Required | ||
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Valid Protest |
N/A | ||
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P&Z Recommendation |
N/A | ||
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Existing Use |
Mix of agriculture (forestry), vacant, and residential | ||
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Proposed Use |
N/A | ||
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Final Council Action |
To be provided after Town Council Meeting | ||
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Staff Contact |
Scott Ramage, Principal Planner scott.ramage@townofcary.org (919) 462-3888 | ||
summary
The Conservation Residential Overlay Zoning District (CROD) was adopted by Town Council via zoning case 05‑REZ-17 on
The first error concerns all or portions of four properties totaling approximately 40.12 acres, located on the west side of Green Level Church Road, just south of the Weldon Ridge Planned Development District (PDD), and designated as “Area A” on the attached map. This area was erroneously mapped as part of the Very Low Density Conservation Residential (VLCR) sub-district within the CROD, instead of as part of the Low Density Conservation Residential (LCR) sub-district.
Staff reports for case 05‑REZ‑17 clearly indicated that the boundaries of the sub-districts within the CROD should match those areas designated as LCR or VLCR on the Southwest Area Plan’s Future Land Use Map for properties within
The second error concerns a 0.98-acre property located on the west side of the American Tobacco Trail (ATT), and designated as “Area B” on the attached map. The property is the only part of the Copperleaf Planned Development District (PDD) that extends west of the ATT. This parcel was erroneously omitted from the CROD on the official Zoning Map. The parcel should have been included within the overlay district, with the Rural sub-district.
Staff reports for case 05‑REZ‑17 clearly specified that the subject parcel should be included within the CROD with the Rural sub-district so as to match the designation on the Southwest Area Plan’s Future Land Use Map for properties within
Staff has traced the origin of both map errors to a single erroneous draft “working map” that was included in the project files for case 05-REZ-17. This working map was neither included nor presented as part of the case reports or presentations to Town Council or the Planning and Zoning Board. However, it appears that this working map may have been erroneously used when the official Zoning Map was updated following adoption of case 05-REZ-17.
Zoning Map changes for the 40.12 acres located north of Green Level Church Road, and labeled as “Area A” on the attached map:
- Current Zoning Map: Residential 40 (R-40) base zoning, Watershed Protection Overlay District with
- Corrected Zoning Map: Residential 40 (R-40) base zoning, Watershed Protection Overlay District with
Zoning Map change for the 0.98 acres located south of Green Level Church Road and west of the American Tobacco Trail, and labeled as “Area B” on the attached map:
- Current Zoning Map: Planned Development District, Major (PDD Major) base zoning and Watershed Protection Overlay District with
- Corrected Zoning Map: Planned Development District, Major (PDD Major) base zoning, Watershed Protection Overlay District with
Ordinance for Consideration
08-REZ-08 Rezoning
AN ORDINANCE TO CORRECT A MAPPING ERROR ON THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 40.12 ACRES LOCATED ALONG GREEN LEVEL CHURCH ROAD FROM CONSERVATION RESIDENTIAL OVERLAY DISTRICT WITH A VERY LOW DENSITY CONSERVATION RESIDENTIAL SUB-DISTRICT DESIGNATION TO CONSERVATION RESIDENTIAL OVERLAY DISTRICT WITH A LOW DENSITY CONSERVATION RESIDENTIAL SUB-DISTRICT DESIGNATION, AND TO CHANGE THE ZONING OF APPROXIMATELY 0.98 ACRES LOCATED ALONG THE AMERICAN TOBACCO TRAIL SO THAT THE PROPERTY IS PLACED WITHIN THE CONSERVATION RESIDENTIAL OVERLAY DISTRICT WITH A RURAL SUB-DISTRICT DESIGNATION.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Section 1: The Official Zoning Map is hereby amended by rezoning the two areas described as follows:
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Area To Be Rezoned From Conservation Residential Overlay District with Very Low Density Conservation Residential (VLCR) Sub-district to Conservation Residential Overlay District with Low Density Conservation Residential (LCR) Sub-district | |||
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Property Owner(s) |
Wake |
Wake |
Est. Affected Area (Acres) |
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Gooch, Peggy Riggsbee |
0724466092 (portion of) |
0025539 |
0.63 |
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Hancock, Douglas M. |
0724562174 (portion of) |
0129608 |
0.06 |
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Southerland, Sydney D., Jr. (owner of affected property at |
0724462841 |
0011575 |
29.04 |
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Southerland, Sydney D. (owner of affected property at |
0724369024 (portion of) |
0060054 |
10.39 |
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Total Affected Acres: |
40.12 ± | ||
and
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Area To Be Rezoned To Conservation Residential Overlay District with Rural Sub-district | |||
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Property Owner(s) |
Wake |
Wake |
Est. Affected Area (Acres) |
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(owner of affected property at |
0724331006 |
0361914 |
0.98 |
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Total Affected Acres: |
0.98 ± | ||
Section 2: The map correction from Conservation Residential Overlay District with a Very Low Density Conservation Residential (VLCR) sub-district to Conservation Residential Overlay District with a Low Density Conservation Residential (LCR) sub-district, and the map correction to place a parcel in the Conservation Residential Overlay District with a Rural sub-district, are hereby authorized subject to all requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines.
Section 3: These properties will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance.
Section 4: Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO.
Section 5: This ordinance shall be effective on the date of adoption.
Adopted and effective:
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Harold Weinbrecht, Jr. |
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Date |