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Councilman Smith's correct in terms of the zoning's intention. However, that is not the current law as you obviously already know - and that's what really matters. I can say with a reasonable amount of certainty that land will not be rezoned to R-40 because R-40 is already the lowest density base zoning available. Theoretically, you could take multiple lots with higher zoning designations, combine them and get the results zoned R-40 but I don't see that ever happening.
There are HOA rules which trump town ordinances on many these kinds of issues. That is why you see 1+ acre lots that don't allow backyard chickens (and numerous other things for that matter). And don't misread the 4-3 vote. Councilwoman Julie Robison is the only member remotely interested in allowing chickens in Cary backyards. The other two women were simply acting a bit political.
The 1+ acre lots that wouldn't allow chickens in our neighborhood do not have HOAs. We live in an HOA free part of Cary. The whole neighborhood is zoned R-12, however, so for these people to be allowed to keep chickens, they would have to apply to be rezoned R-40. And if they WERE rezoned R-40, they could keep 50 chickens and 5 roosters if they felt like it. Plus some goats and perhaps a pig or horse or two, as long as the barn was 300 feet from a house.
The point is, the 'we do allow chickens in Cary on 40000 sq ft lots' excuse is a lie. They allow chickens in the very very few part of town zoned R-40. R-40, also, was stated as 0.9 acres, not 1, by one of the planning and zoning people who spoke.
We have 0.83 acres. Why, exactly, should we not be allowed to have 6 chickens? I have yet to hear a decent and logical argument against it. Our neighbors support it. A majority of feedback the council received SUPPORTED it (per public records request, 11 families emailed in support + us , only 4 against).
We do plan on going to the new Environmental Commission, as well as the Citizen Issue Review Commission. In the meantime, we'll be organizing to demonstrate the support this measure has in the community. I've talked to people at my office, and the 3 people who live in Cary think it'd be awesome. Several people who live in Raleigh, Wake Forest, and Chapel Hill also think it would be great. One Cary resident disagrees, simply because she thinks 'Cary will never go for it.' Which is not, really, an argument against chickens. It's really an argument saying the town is stuck up--which isn't even true, especially since significantly more people (council aside) have shown support for it than have shown opposition.
As for the comment that the other two women were simply acting political, how, exactly, do you know this? Are you best buddies with everyone on council? Or is there a major gender divide issue with council? I haven't noticed a gender split occuring on many other votes, so I'm wondering where, exactly, your statement came from.
Isn't there also the possibility that Gale was simply voting based on the feedback she recieved? She stated that the responses she got regarding the issue were 5:1 in FAVOR of it.
