Town of Cary, North Carolina
Rezoning Staff Report to the Town Council
Gaglione Property 
07-REZ-07 

Request

The Town of Cary Planning Department is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 1.85 acres located at 2533 O'Kelly Chapel Road from Residential 40 Chatham County (RA-40) to Residential 40 (R40).  Because the subject property is located outside Cary’s ETJ base zoning must be established with the associated voluntary annexation request (07-A-13), therefore the Town is initiating the rezoning process.  

The request to annex was generated through an emergency request to connect to the Town’s utilities due to a breakdown in the existing private well of the residence.    On February 15, 2007 Staff brought forward to the P&D Committee a request for consideration of an exception to the joint resolution with Chatham County to allow this property to connect to the Town of Cary utility system and at its February 5, 2007 meeting, the Chatham County BCC unanimously approved a motion to allow this property to be annexed and served by the Town of Cary utilities.

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.  All such requirements can be found at http:vic.townofcary.org.

Background Information

Town Council Meeting

Staff presented the rezoning case and reported that no protest petitions had been filed.  The property owner was not present, but Staff reported that Mr. Gaglione sent correspondence to Staff and to The Town Council stating that he supported the proposed zoning.   Because of the urgent need to provide water service and annex the property, the case on an accelerated schedule and is scheduled to for the May 21, 2007 Planning and Zoning Board Meeting.

Changes Since Public Hearing

None

Feedback at the Planning and Zoning Board Meeting

Staff presented the case and history.  One Board Member asked Staff to clarify the Town’s requirement for the annexation and assignment of Town of Cary Zoning to run concurrently.  The Planning and Zoning Board recommended the case unanimously for approval.

Changes since Planning and Zoning Board Meeting

None

Summary

Staff has reviewed the case data prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest.

Consistency with the Comprehensive Plan

A. Land Use Plan:
This rezoning request conforms to the adopted Land Use Plan. The Land Use Plan designates this property as Low Density Residential which allows 1 to 3 dwelling units per acre. 

B. Transportation:
Existing Section:  2-lanes
Future Section:  4-lane median divided, 100' ROW
Road Improvements:  N/A
Sidewalks Requirements: required on both sides
Bicycle Requirements: 14' wide outside lanes
Transit Requirements:  There are no transit requirements
Traffic Analysis:  A traffic study is not required.

C.  Parks & Greenways:   Greenways Map
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site. There are also no issues related to the Open Space and Historical Resources Plan (OSHRP).  The subject property is currently developed as a single-family residence and is requesting base zoning associated with a voluntary annexation request.  No changes to the property will occur as a result of this rezoning request.

D.  Environmental:
According to the Town of Cary GIS maps, there no streams or creeks impacting this site. The subject property is currently developed as a single-family residence and is requesting base zoning associated with a voluntary annexation request.  No changes to the property will occur as a result of this rezoning request.

E. Buffers:
Based on the current lot configuration, no buffers are required between the subject property and adjacent uses. The subject property is currently developed as a single-family residence.  No changes to the property will occur as a result of this rezoning request.

F. Streetscape:
No streetscapes are required in conjunction with this request.

Consistency with the Land Development Ordinance

The subject property is currently developed as a single-family residence.  No changes to the property will occur as a result of this rezoning request.  The rezoning request will establish a base zoning associated with the voluntary annexation request (07-A-13) to allow the owners to connect to the Town of Cary utility system.  The requested zoning (R40) is comparable to the current zoning designation (RA-40 Chatham) and is consistent with the existing use (single-family residence).

Existing and Requested Zoning District Comparison:
Under both Chatham County and Cary zoning regulations, the minimum lot size for R40 zoning is 40,000 square feet.  The subject property is approximately 1.85 acres or 80,586 square feet. Based on area alone, this would allow room for two lots; however, with Cary zoning, each lot would be required to have minimum width of 125 feet at the front building setback line.  Because the current width is less than 250 feet, only one lot is possible.  

Town Council Criteria for Consideration in Reviewing Rezonings

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezonings:

1.      The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.      The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.      The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.      The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.       The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.       The proposed zoning classification is suitable for the subject property;

Other Reference Information

Schools
The proposed rezoning will not yield an increase in the number of lots or dwelling units and therefore, will have no additional impact on area schools.

Applicant’s Justification Statement
A justification statement is not required since establishing a Town of Cary base zoning is required with the associated annexation.

Planning and Zoning Board Motion Options:   

Adoption Motion:

The Planning and Zoning Board recommends that Town Council adopt an ordinance allowing the request for this rezoning that it is consistent with the current Town of Cary Comprehensive Plan and any other officially adopted plans that are applicable.  And furthermore as stated in the staff report for the following reasons:  The development is compatible with the existing use and does not create any impact on adjacent property. 

Denial Motion:

The Planning and Zoning Board finds that this request is not consistent with the current Town of Cary Comprehensive Plan for the following reasons:

The Planning and Zoning Board recommends that this request be denied.

Ordinance for Consideration
07-REZ-07 Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 1.85 ACRES LOCATED ALONG O'KELLY CHAPEL ROAD OWNED BY PATRICK AND KATHLEEN GAGLIONE FROM RESIDENTIAL 40 CHATHAM  (RA-40) TO RESIDENTIAL (R40).  

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:

Section 2:  That the Property is rezoned from Residential 40 Chatham to Residential 40 subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.   

Section 3:   This ordinance shall be effective on the date of adoption.

Adopted and effective:  June 14, 2007