Town of Cary

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 50.20 acres, located at Green Level Church Road, from Wake County Residential 40 (R40W) to Resource/Recreation (RR). An Annexation Petition, 07-A-03, is being considered in conjunction with this case.

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.

Applicant/Agent	Town of Cary Parks, Recreation and Cultural Resources Department
Acreage	50.20 +/-
General Location Vicinity Map	Intersection of Green Level West Road and Green Level Church Road
Hearings / Meetings	*Public Hearing* *January 24, 2008*	*Planning & Zoning* February 18, 2008	*Town Council* March 27, 2008
Land Use Designation Land Use Map	PKS (Parks, open space, greenways, etc.)
Town Limits	Outside ETJ and Corporate Limits
Annexation	Annexation is required prior to establishing base zoning. There is an associated annexation request being reviewed in conjunction with this case.
Valid Protest	Protest petitions are not applicable to a map amendment (rezoning) that initially zones property that is being added to the Town’s jurisdiction by annexation.
P&Z Recommendation	Unanimously recommended for approval
Existing Use Zoning Map	Sewer line, open space and greenway trail
Proposed Use Proposed Zoning Map	Open space, conservation area, sewer line and greenway trail extensions
Final Council Action	Approved
Staff Contact	Debra Grannan, Senior Planner 316 N. Academy Street Cary, NC 27513 Debra.grannan@townofcary.org (919) 460-4980

Public Notification:
On January 24, 2008 notices were mailed to property owners within 400 feet of the subject property. In addition, notification consistent with General Statutes was present in the Cary News on January 9, and 16, 2008.

Staff presented the case and noted that the property was not eligible for protest petitions. Staff advised Council that there had been no opposition expressed to Staff regarding the rezoning request. No one spoke in favor of or opposed to the request. Council expressed appreciation to the Parks, Recreation, and Cultural Resources Department’s efforts related to the extension of greenway trail on this property.

Staff has reviewed the application and information provided. The analysis of Staff is that the request is consistent with the goals and objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest.

A. Land Use Plan: This rezoning request conforms to the adopted Land Use Plan which designates the area for Parks, Open Space and Greenways.

B. Growth Management Plan:
The Growth Management Plan includes the following five Guiding Principles which are relevant to this case:

Traffic Analysis: Since the Town is only placing trails and sewer easements in this area, this proposal would not generate any vehicular traffic which would require a traffic study.

D. Open Space and Historic Resources Plan:
In accordance with the Open Space and Historic Resources Plan (OSHRP), these parcels were identified as priority open space areas given the extensive riparian buffers, wetlands and bottomland forests. The Town purchased these parcels for conservation between 2002 and 2005.

E. Parks & Greenways Master Plan: Greenways Map
In accordance with the approved Parks, Recreation and Cultural Resources Facilities Master Plan sections of the White Oak Greenway and Batchelor Branch Greenway were recently constructed on these parcels.

F. Environmental:
According to the Town of Cary GIS maps, there are several stream buffers on the subject properties. Greenway trails are permitted in the outer edge of Zone Three of stream buffers. The project is required to comply with all buffer requirements of the Land Development Ordinance during the site plan review process.

G. Buffers:
No buffer is required for any use adjacent to permanent and/or zoned open space unless it is needed to meet the buffer width and type requirements in Table 7.2.2 of the Land Development Ordinance. If this open space is not wide enough, or contains insufficient vegetation to meet the buffer type requirements, then future, adjacent developments may be required to add additional buffer area and/or vegetation in order to meet the requirements.

H. Streetscape:
No Streetscape is required per the Land Development Ordinance.

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town 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;

The proposed use is non-residential and will not generate any increase in student enrollment.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 50.20 ACRES LOCATED ALONG GREEN LEVEL CHURCH ROAD AND GREEN LEVEL WEST ROAD OWNED BY THE TIWB IF CARY FROM WAKE COUNTY 40 (R40W) TO RESOURCE AND RECREATION (RR).

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

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s) (10 digit)	Real Estate ID(s)	Area Acres
Town of Cary	0723989602	0068576	18.84±
Town of Cary	0723983010	0311418	27.42±
Town of Cary	0733076950	0334044	3.94±
Total Acres			50.20±

Section 2: That this Property is rezoned from Residential 40 Wake County (R40 W) to Resources/Recreation (RR) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.


Harold Weinbrecht, Jr. Mayor		Date