E.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
1.
Report of the status of the
The
resolution for council’s consideration is below.
RESOLUTION
SUPPORTING JOINT PLANNING
BETWEEN
WHEREAS, owners of property in
the area of eastern Chatham County between Jordan Lake and the Wake
County/Chatham County line are expected to continue to exercise their rights to
improve, sell, and develop their land; and,
WHEREAS, the Chatham County
Board of Commissioners and the Cary Town Council are equally concerned about
protection of water quality in Jordan Lake, an important shared resource; and,
WHEREAS, both Chatham County
and the Town of Cary recognize the need for sound long-range planning in this
area, having previously adopted separate plans addressing the area’s future
growth and development; and,
WHEREAS, the Cary Town Council
and the Chatham County Board of Commissioners conducted a joint meeting on March
22, 2004, and agreed on the need for coordinated planning by both units of
government; and,
WHEREAS, transmittal of pending
development requests received by the Town of Cary to Chatham County government
has served as an interim step until such time as joint planning between the two
units of government does occur; and,
WHEREAS, members of the Cary
Town Council and the Chatham County Board of Commissioners are now ready to move
forward with a process for joint land use and environmental planning in this
area; and,
WHEREAS, the proposed steps in
the process and a preliminary timeline for proceeding with this joint planning
effort have generally been identified, as shown in Attachment A made part of
this resolution; and,
WHEREAS, this process will be
conducted by the technical staff of both jurisdictions with oversight by the
governing boards; and,
WHEREAS, this process will
include extensive public involvement through a variety of public participation
opportunities; and,
WHEREAS, public hearings will
be conducted before any plan is adopted; and,
WHEREAS, the expected outcome
of this coordinated planning process will be a mutually acceptable plan that
both governing bodies will adopt and utilize when making both short- and
long-term decisions about private development proposals and public capital
investments in the area of eastern Chatham County between Jordan Lake and the
Wake County/Chatham County line;
NOW, THEREFORE, BE IT RESOLVED
that the Board of Commissioners of Chatham County and the Cary Town Council
resolve to embark on a joint process to prepare and adopt a plan to address
future land use, utility infrastructure, transportation, and environmental
protection in the area of eastern Chatham County between Jordan Lake and the
Wake County/Chatham County line.
ADOPTED by the Chatham County
Board of Commissioners this 12th day of December, 2005.
_________________________
Bunkey Morgan, Chair
ATTEST:
_________________________
Sandra Sublett
ADOPTED by the Cary Town
Council this 15th day of December, 2005.
_________________________
Ernest F. McAlister
Mayor
ATTEST:
_________________________
Sue Rowland
Town Clerk
Attachment
A - Preliminary Steps & Proposed Timeline
JOINT
PLANNING
BETWEEN
|
Step/Activity |
Proposed Date(s) - 2006 |
|
|
|
|
1. Data Collection, Mapping [Staff Technical Team] |
January/February |
|
2. Notice of 1st Community Meeting |
February |
|
3. 1st Open House Community Meeting –
Background Information & Issues Identification; Public Comment Period
Established |
March |
|
4. Preparation of Draft Plan [Staff Technical Team] |
April |
|
5. Notice of 2nd Open House Community Meeting |
|
|
6. 2nd Open House Community Meeting –
Feedback on Draft Plan; Public Comment Period Established |
Early May |
|
7. Refinement of Draft Plan [Staff Technical Team] |
End of May |
|
8. Public Hearing(s) [Governing Boards] |
June/July |
|
9. Review by Appointed Planning Boards |
July/August |
|
10. Adoption by Elected Officials |
September |
In
addition,
A
RESOLUTION REGARDING ANNEXATION BY THE
TOWN
OF
WHEREAS,
the County of Chatham has adopted a joint resolution calling for the
establishment of plans for coordination between the County of Chatham and the
Town of Cary in the consideration of private development proposals and public
infrastructure needs in that portion of Chatham County lying east of Jordan
Lake; and
WHEREAS,
said resolution includes a proposed schedule for the joint development of said
plans by the technical staffs of the governmental units involved and that
includes opportunities for public input; and
WHEREAS,
the Board of Commissioners of the County of Chatham understands that the Town of
Cary may receive future requests for voluntary annexation of property within the
proposed joint planning area; and
WHEREAS,
annexation of any such areas prior to development and implementation of the
cooperative plans may be precipitous unless the respective governmental units
are afforded an opportunity to conduct coordinated review as contemplated by
joint resolution;
NOW,
THEREFORE, BE IT RESOLVED
by the Board of Commissioners of the
Adopted
this 12th day of December 2005.
_________________________
Bunkey Morgan, Chairman
ATTEST:
___________________________________
Sandra
B. Sublett, CMC, Clerk to the Board
Mr.
Joyce thanked
ACTION:
Mr. Joyce moved to adopt the joint resolution with the timeline. Mrs. Robison
provided the second, and council granted unanimous approval.
Mayor
McAlister proposed to respond to the second resolution that was adopted by
Chatham County (contained herein) by stating in the spirit of partnership and
cooperation, the Town of Cary understands Chatham County’s concern and agrees
that a plan should be in place prior to additional annexations, and to the
extent possible by law the Town will do this. He added that anyone has the right
to petition the Town of
Mrs.
Robison asked for clarification of the expectations for the annexation requests
that are in the pipeline. Mayor McAlister stated anything that is dated prior to
taking this action tonight would be allowed to continue; the Town would accept
petitions dated after tonight, but staff would inform them that the council and
Chatham Commissioners are working on a joint plan and probably will not act on
the petition until a plan is in place.
Ms.
Dorrel asked Mr. Ulma if anything has been received since December 12 – the
date that
Mayor
McAlister read the following statement that was prepared by Town Attorney Chris
Simpson:
Mindful
of the rule that municipalities may not enter into agreements that bind the
discretion of the governing board, and sensitive to other possible restraints on
Cary’s ability to agree to such a restriction, Cary agrees that, to the extent
it lawfully can comply with the request, Cary agrees not to voluntarily annex
lands in Chatham County that are the result of future annexation requests
occurring after this date (December 15, 2005), until the earlier of adoption of
a joint planning document or September 2006.
ACTION:
Mayor McAlister moved to adopt the above statement that he read into the record.
Mrs. Robinson provided the second.
Mrs.
Robison stated the moratorium on moving forward would end in September 2006 if a
plan is not in place. Mayor McAlister stated he believes there will be a plan in
place, but it made sense to have a deadline to keep the process on track. Ms.
Dorrel stated it is her expectation that if this date nears, the council would
have the opportunity to renew this action by extending the date.
ACTION:
Vote was called for on the motion, and council granted unanimous approval.
_________________________