Town of Cary , North Carolina

524 Sorrell Street Map Correction

Greg Barnes, Case Manager

 

Request

 

The Town of Cary staff is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to correct the zoning of approximately 0.18 acres located at 524 Sorrell Street from Town Center – Conditional Use (TC-C) to Town Center (TC).

 

Background Information

 

Applicant	Town of Cary
Agent	N/A
Acreage	0.18 +/-
General Location	524 Sorrell Street, approximately 400 feet west of the easternmost intersection of Sorrell Street and Chapel Hill Road
Hearings / Meetings	Public Hearing 03/26/09	Planning & Zoning Not Required				Town Council Not Required
Land Use Designation	Office and Institutional (OFC/INS)
Town Limits	Corporate Limits  X			ETJ	Outside ETJ
Annexation	Not Required  X		With Site Plan		With rezoning
Valid Protest	N/A
P&Z Recommendation	N/A
Existing Use	Single-Family Residential
Proposed Use	Single-Family Residential

 

summary

 

In March 2009, Alan Branson of 524 Sorrell Street contacted the Planning Department in regard to the zoning of his property. Mr. Branson’s home had been destroyed by a fire, and he wished to rebuild his home. In this discussion, it was determined that zoning conditions had been placed on his property that was associated with two rezoning cases from 1987, that could prevent Mr. Branson from rebuilding his home. Mr. Branson stated that he had not participated in any rezoning case in 1987, and that he had owned the property at 524 Sorrell Street since 1979. Staff determined that a potential error on the Town Zoning Map for approximately 0.18 acres may have been made at 524 Sorrell Street. 

 

Based on staff research, in January 1987 Rezoning Case #Z-402-86-1 added zoning conditions on the neighboring property of 520 Sorrell Street, which borders this property to the west. The case file lists only the property now known as 520 Sorrell Street as the subject property. At that time the property owners at 520 Sorrell Street were Dan & Julia Hilliard. They are also listed as the property owners of the affected rezoning. This rezoning case makes no mention of the property at 524 Sorrell Street, or its owner Alan Branson.

 

In June 1987, another rezoning case (Z-421-87-1) was approved to revise the existing zoning conditions. This case was initiated by T.A. Pipken, who was listed as the property owner of 520 Sorrell Street at this time. The case file makes no mention of the property of 524 Sorrell Street and does not make any reference to Mr. Branson, who has been the owner at 524 Sorrell Street since 1979.

 

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.

 

Current Zoning Map:  Town Center – Conditional Use(TC-C)

 

Corrected Zoning Map:  Town Center (TC)

 

 

Ordinance for Consideration

09-REZ-06 Rezoning

AN ORDINANCE TO CORRECT A MAPPING ERROR ON THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 0.18 ACRES LOCATED AT 534 SORRELL STREET TOWN CENTER - CONDITIONAL USE (TC-C) TO TOWN CENTER (TC). 

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

 

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows:

 

PARCEL & OWNER INFORMATION
Property Owner(s)	Wake County Parcel Number	Real Estate ID(s)	Area Acres
Alan Douglas Branson	076416830869	0034049	0.18±
Total Acres			0.18±

 

Section 2:  The map correction from Town Center – Conditional Use to Town Center (TC) zoning designation is hereby authorized subject to all requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines.   

Section 3:  This property 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:  March 26, 2009

 

 

Harold Weinbrecht Mayor		Date