B.   CONSENT AGENDA

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the beginning of the old/new business portion of the agenda, which is item H on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on June 22, 2006, and the minutes of the comprehensive transportation work session held on July 13, 2006. (Town Council)

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

_________________________

b.   Consideration of approval of the tax report adopted by the Wake County Commissioners on June 7, 2006. (Mr. Bill Coleman)

June 29, 2006

The Wake County Board of Commissioners, in regular session on June 7, 2006 approved and accepted the enclosed tax report for the Town of Cary.

It is hereby submitted for your approval.

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

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c.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following citizen-initiated annexation petitions. (Mr. Ricky Barker)

(1)  06-A-15: The property is located at 2900 Carpenter Upchurch Road and contains 1.12 acres. The associated rezoning is 06-REZ-10 (Carpenter Planned Development).

Annexation Petition Number:   06-A-15
Property Address:   2900 Carpenter Upchurch Road
Wake County Parcel Number:  0735821150
Real ID Number:   0012774
Petition Date:   4/5/2006                
Proposed Effective Date:   8/24/2006

OWNERS:
Fay Honeycutt
1115 Ashford Road
Cary, NC 27511

LOCATION:   890' north of Morrisville Parkway and Carpenter Upchurch Road

ZONING & PROPOSED USE:
Current Zoning:   Residential-40 (R-40)    
Acreage:   1.12 plus 0.00 adjacent right of way = 1.12 total acres
% Contiguity:   28.60%                  
Contiguous to Corporate Limits:   Yes     
Proposed Use:   Residential Subdivision
Associated Rezoning Case:    06-REZ-10 (Carpenter PDD)           
Associated Development Plan:   None    

UTILITIES:
Water:    8" DIP 180' south                                           
Sewer:   8" PVC 180' south                    

DISTRICTS & TAX VALUE:
Fire District:   Morrisville                                               
Voting District:  A
Tax Value:    $6,700

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   7/27/2006
Staff Recommendation:     Forward to public hearing on 8/24/2006  

 

The documents that Council will consider for adoption at this meeting follow:

06-A-15

CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION  

I, the undersigned Town Clerk of the Town of Cary, do hereby certify that I have investigated the sufficiency of Annexation Petition of

Fay Honeycutt; 
Wake County Parcel Identification #0735821150;
1.12 acres plus 0.00± acres of adjacent right-of-way;

as directed by the Town Council by resolution, and that my investigation reveals the following:

1.   The signers of the Petition are the owners of the real property within the area proposed for annexation.  

2.   The area is contiguous to the municipal boundaries of the Town of Cary as defined by G.S. 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.

This 7/27/2006.

                                                                                    _________________________
                                                                                    Sue Rowland, Town Clerk

06-A-15

RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31

WHEREAS, the Town Council of the Town of Cary has received an annexation petition of

Fay Honeycutt;
Wake County Parcel Identification #0735821150;
1.12 acres plus 0.00± acres of adjacent right-of-way;

requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary; and

 

WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary, North Carolina that:

Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 8/24/2006.

Section 2. The area proposed for annexation is described as follows:

LEGAL DESCRIPTION
Wake County Parcel Identification #0735821150

Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of Cary, at least ten (10) days prior to the date of the public hearing.

ADOPTED 7/27/2006.

                                                                                                _________________________
                                                                                                Sue Rowland, Town Clerk

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

(Resolutions are also on file in the town clerk’s office.)

________________

(2)  06-A-24: The property is located at 5328, 5332, 5340, 5324, 5408, 5412, 5413, 5416, 5420, 5424, 5425 Serene Forest Drive and contains 4.55 acres. The associated rezoning is pending.

Annexation Petition Number:   06-A-24
Property Addresses:   5324, 5328, 5332, 5340, 5408, 5412, 5413, 5416, 5420, 5424, 5425 Serene Forest Drive
Wake County Parcel Numbers:  0669950190, 0669950149, 0669950219, 0669951031, 0669859694, 0669859731, 0669857730, 0669859800, 0669858990, 0669856899, 0669857952
Real ID Numbers:   0334049, 0334048, 0334047, 0334050, 0334057, 0334056, 0334051, 0334055, 0334054, 0334052, 0334053
Petition Date:   4/12/2006               
Proposed Effective Date:   To Be Determined 

OWNERS:
Winslow Properties Development Company
740 Lock Highlands Drive
Raleigh, NC 27606

Starcraft Builders
728 Piney Grove Wilbon Road
Holly Springs, NC 27540

Justin P. Sullivan
5408 Serene Forest Drive
Apex, NC 27539

Scott &  Dara Emery
5324 Serenity Forest Drive
Apex, NC 27539

Carlos & Jodi Martinez
5332 Serene Forest Drive
Apex, NC 27539

Vincent Harrison and Kelli Ranck
5416 Serene Forest Drive
Apex, NC 27539

LOCATION:  Serene Forest Drive (cul de sac) @ Optimist Farm Road

ZONING & PROPOSED USE:
Current Zoning:   Residential-30 (Wake)(R-30 Wake)        
Acreage:   4.11 plus 0.44 adjacent right of way = 4.55 total acres
% Contiguity:   27.00%                  
Contiguous to Corporate Limits:   Yes     
Proposed Use:   Residential subdivision
Associated Rezoning Case:    Pending
Associated Development Plan:   None    

UTILITIES:
Water:    On Site    
Sewer:   On Site     

DISTRICTS & TAX VALUE:
Fire District:   Fairview                                                  
Voting District:  C
Tax Value:    $1,319,792

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   7/27/2006
Staff Recommendation:      Forward to public hearing on 8/24/2006

 

The documents that Council will consider for adoption at this meeting follow:

06-A-24

CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION  

I, the undersigned Town Clerk of the Town of Cary, do hereby certify that I have investigated the sufficiency of Annexation Petition of

Winslow Properties Development Company; Adam & Deanna Hunt; Justin P. Sullivan; Scott &  Dara Emery; Carlos & Jodi Martinez; Vincent Harrison and Kelli Ranck; 

Wake County Parcel Identifications #0669950190, 0669950149, 0669950219, 0669951031, 0669859694, 0669859731, 0669857730, 0669859800, 0669858990, 0669856899, 0669857952;
4.11 acres plus 0.44± acres of adjacent right-of-way;

as directed by the Town Council by resolution, and that my investigation reveals the following:

1.   The signers of the Petition are the owners of the real property within the area proposed for annexation.  

2.   The area is contiguous to the municipal boundaries of the Town of Cary as defined by G.S. 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.

This 7/27/2006.

                                                                                    _________________________
                                                                                    Sue Rowland, Town Clerk

06-A-24

RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31

WHEREAS, the Town Council of the Town of Cary has received an annexation petition of

Winslow Properties Development Company; Adam & Deanna Hunt; Justin P. Sullivan; Scott &  Dara Emery; Carlos & Jodi Martinez; Vincent Harrison and Kelli Ranck;
Wake County Parcel Identifications #0669950190, 0669950149, 0669950219, 0669951031, 0669859694, 0669859731, 0669857730, 0669859800, 0669858990, 0669856899, 0669857952;
4.11 acres plus 0.44± acres of adjacent right-of-way;

requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary; and

 

WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary, North Carolina that:

Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 8/24/2006.

Section 2. The area proposed for annexation is described as follows:  

LEGAL DESCRIPTION
Wake County Parcel Identifications #0669950190, 0669950149, 0669950219, 0669951031, 0669859694, 0669859731, 0669857730, 0669859800, 0669858990, 0669856899, 0669857952

Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of Cary, at least ten (10) days prior to the date of the public hearing.

ADOPTED 7/27/2006.

                                                                                                _________________________
                                                                                                Sue Rowland, Town Clerk

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

(Resolutions are also on file in the town clerk’s office.)

_________________________

d.   Consideration of schedule updates to the Chatham/Cary joint land use plan. (Mr. Scott Ramage)

STAFF REPORT

Town Council, July 27, 2006

Chatham-Cary Joint Area Plan Update (PL07-002b)
Consideration of a schedule update to the Chatham-Cary Joint Land Use Plan
Speaker:  Scott Ramage

From:  Jeffery G. Ulma, Planning Director
Prepared by:  Scott Ramage, Principal Planner
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Background:  In December 2005, the Cary Town Council and Chatham County Board of Commissioners adopted a joint resolution for the development of a Joint Land Use Plan for the portion of Chatham County located east of Jordan Lake, south of Durham County, and north of White Oak Creek.  The joint resolution included a draft project schedule which recommended that the first community meeting be held in March 2006 and that the Plan should be completed and ready for public hearings by June/July 2006.  Due to logistical difficulties and resource limitations, it has not been feasible to adhere to that original schedule.  This staff report proposes an updated project approach and workplan for Council’s consideration. 

Project Milestones to Date:  Town of Cary and Chatham County Planning staff began work on the Joint Chatham-Cary Land Use Plan in January 2006.  Background data collection and baseline data mapping proceeded from February through May 2006.  An initial community open house was held on June 7 to introduce the project to area landowners and residents and to gather public input that would be used to help guide the process.  Citizen comments from that meeting were accepted through mid-June, and have been transcribed for inclusion on the project Web site.  The citizen comments have also been organized by topic.

Expedited Nature of this Request:  Both the Chatham and Cary Planning staffs require expedited endorsement and concurrence on the proposed schedule and workplan revision in order to move forward on the project in a timely manner.  Accordingly, this staff report is being forwarded directly to Council, rather than through the Planning and Development Committee.

Nature of Revisions to Workplan/schedule:  The Chatham County planning director provided a project update to the Chatham Board of Commissioners on June 19.  At that meeting, the Board recommended that a draft plan be developed for interim review by the Board in September, prior to holding any further community meetings. 

The joint planning staffs met on July 12 to review the schedule suggested by the Chatham Board at its June 19 meeting and to develop the revised workplan presented below.  The revised workplan reflects a modification to the Board’s suggestions of June 19.  With the revised workplan, the joint staff recommends that the first draft of the plan be prepared by August/September, followed by a second community open house in late September/early October to obtain citizen feedback prior to holding an interim review meeting with either elected body.  With this approach, the elected bodies can receive both a briefing on the first draft as well as a summary of the public responses to that draft.  This should enable the elected bodies to provide more valuable guidance at the check-in meeting. 

The revised workplan also recommends that the interim review of the draft plan by elected officials should be done as a joint meeting between the Chatham Board of Commissioners and Commissioners-elect and the Cary Town Council.  This approach should help facilitate timely joint consensus on the project direction by both elected bodies, as opposed to holding separate interim briefings.

The revised workplan also recommends holding a third community meeting in January 2007 for citizens to review and comment on the second draft of the plan.  (The December 2005 Joint Resolution recommended two community meetings.)  The joint staffs feel this additional, third meeting is necessary so that citizens can review changes made to the draft plan subsequent to their comments on the first draft at the second community meeting.  This will also help staff make appropriate revisions prior to public hearings in early 2007.

Following Cary Town Council endorsement of the revised workplan, the Chatham County planning director will present the same revised workplan to the Chatham County Board of Commissioners the first week of August along with any comments or modifications requested by the Cary Town Council.  If both elected bodies concur on the workplan approach, the joint staff will move forward under the new schedule.

Revised Workplan:  The revised workplan recommended by the joint staff is as follows.  Please note that project dates are tentative.

Fiscal Impact:   None.  Work on the project is being done by existing Town and County staff. 

Staff Recommendation:   Provide an endorsement of the revised project workplan as described in this report.  Council’s endorsement will be forwarded to the Chatham County Board of Commissioners for consideration along with the proposed workplan.

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

_________________________