Town of Cary, North Carolina

Rezoning Staff Report to the Town Council

08-REZ-08 Green Level Church Road Zoning Map Correction

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 for two separate areas, totaling approximately 41.10 acres.  The first area includes approximately 40.12 acres, and is located north of Green Level Church Road and west of Yates Store Road, where the official zoning map should be changed 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.  The second area includes approximately 0.98 acres, located west of the American Tobacco Trail and south of Green Level Church Road, where the official zoning map should be amended to include the parcel within the Conservation Residential Overlay District with a Rural sub-district designation. 

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

See attached map comparison

summary

The Conservation Residential Overlay Zoning District (CROD) was adopted by Town Council via zoning case 05‑REZ-17 on September 8, 2005.  That case added this new district to the Land Development Ordinance (LDO) and applied the district to the Town’s official Zoning Map.  In the course of staff’s recent work on draft revisions to the CROD, two errors were discovered in the mapping of case 05-REZ-17 on the official Zoning Map. 

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 Cary’s zoning jurisdiction.  And, the Southwest Area Plan’s Future Land Use Map designates this subject area as LCR, not VLCR.  Also, all of the presentation materials used at the Council and Planning Board meetings for case 05-REZ-17 clearly depicted the intent to place the subject area within the LCR sub-district. 

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 Cary’s zoning jurisdiction.  All of the presentation materials used at the Council and Planning Board meetings for case 05-REZ-17 depicted the intent to place the subject parcel within the CROD with a Rural sub-district. 

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 Jordan Lake sub-district, and Conservation Residential Overlay District with Very Low Density Conservation Residential (VLCR) sub-district.
• Corrected Zoning Map:   Residential 40 (R-40) base zoning, Watershed Protection Overlay District with Jordan Lake sub-district, and Conservation Residential Overlay District with Low Density Conservation Residential (LCR) sub-district.

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 Jordan Lake sub-district.
• Corrected Zoning Map:  Planned Development District, Major (PDD Major) base zoning, Watershed Protection Overlay District with Jordan Lake sub-district, and Conservation Residential Overlay District with Rural sub-district.

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 CARY:

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

and

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:  August 14, 2008