Z-483-93-1 Zoning Map Correction 

Background Information

In June 2006, Mike Yellin with Hager Smith Design contacted the Planning staff regarding an error on the Town Zoning Map for 3.5 acres located along Crossroads Boulevard and Caitboo Avenue (see map links below).  Based on our research, this property has been zoned commercial since before 1993.  Sometime between May 2003 and September 2003, the map was changed by staff to reflect Office and Institutional zoning for this property.  Staff has found no rezoning case during this period that would have changed this property from General Commercial (GC) to Office and Institutional (O&I).  We believe that a staff error has led to the zoning map not reflecting the official record (official zoning case files and Council minutes).  The most recent rezoning case for these properties was Z-483-93-1 which was to correct the boundary of a larger 15.73 acres and clearly reflects commercial zoning for these properties.

Section 3.4.1 (l) of the Land Development Ordinance allows the Council to correct map errors such as this through a public hearing (see below).  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 - O&I  

Corrected Zoning Map - GC

3.4.1(I) Repair of Zoning Map Errors

In situations where errors are found to exist on the Official Zoning Map, the repair of these errors is not considered to be a rezoning as described in Section 3.4 of this Ordinance.  As a result, repair of Zoning Map errors may be corrected through approval of the Town Council at a single public hearing, and this public hearing shall only require published notice (see Section 3.1.6). 

With this map correction, staff will also recommend that a cosmetic change to the Land Use Plan map to reflect the general commercial zoning.

Town of Cary Case Manager: 
Ricky Barker, Associate Planning Director
316 N Academy Street, Cary, NC 27513
(919) 469-4085 
ricky.barker@townofcary.org

Reference Information
Meeting Schedule:
Town Council Public Hearing
Date:  September 28, 2006
Action:

Town Council Motion Options:  

Z-483-93-1 Zoning Map Correction

To adopt the ordinance to correct the zoning map to reflect the historic zoning record for this property referenced in the Ordinance. 

Ordinance for Consideration: 

Z-483-93-1 Zoning Map Correction Case 

AN ORDINANCE TO CORRECT A MAPPING ERROR ON THE OFFICIAL ZONING MAP OF THE TOWN OF CARY BY CHANGING THE ZONING OF APPROXIMATELY 3.5 ACRES LOCATED along Crossroads Boulevard and Caitboo Avenue AS DESCRIBED BELOW.

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

Section 1:  The Official Zoning Map is hereby corrected based on rezoning case Z-483-93-1 by changing the zoning designation of the area described as follows:  

Section 2:  The map correction from Office and Institutional (O&I) to General Commercial (GC) is hereby authorized subject to all the 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. 

Signed: