D. PUBLIC HEARINGS
1. Public hearings and consideration of adoption of ordinances on the following citizen-initiated annexations. (Mr. Ricky Barker)
a. 06-A-12: The property is located 910 feet north of Green Level to Durham Road and Alston Avenue and contains 41.30 acres. The associated rezoning is 06-REZ-12 (Village at the Park Activity Overlay) and the associated activity center concept plan is 06-AC-03. Council may defer action to coincide with agenda item F.3., Village at the Park rezoning and activity center concept plan.
Annexation Petition
Number: 06-A-12
Property Address: 2631 Alston Avenue
Wake County Parcel Number: 0726951686
Real ID Number: 0078569
Petition Date: 12/27/2005
Proposed Effective Date: 7/27/2006
OWNERS:
David H. & Bobbie Rigsbee
2631 Alston Avenue
Cary, NC 27519
LOCATION: 910' north of Green Level
to Durham Road and Alston Avenue
ZONING & PROPOSED USE:
Current Zoning: Residential-40 (R-40)
Acreage: 40.54 plus 0.76 adjacent right of way = 41.30 total acres
% Contiguity: 14.86%
Contiguous to Corporate Limits: Yes
Proposed Use: Residential Subdivision
Associated Cases: 06-REZ-12 (Village at The Park) and 06-AC-03 ( Activity
Center Concept Plan (ACCP))
Associated Development Plan: None
UTILITIES:
Water: On Site
Sewer: On Site
DISTRICTS & TAX VALUE:
Fire District: Morrisville
Voting District: A
Tax Value: $794,391
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public
Hearing: 6/22/2006
Staff Recommendation: Forward to public hearing on 7/27/2006
Action: Forwarded to public hearing on 7/27/2006
Town Council – Public Hearing: 7/27/2006
Staff Recommendation: Adoption with an effective date of 7/27/2006
The document that Council will consider for adoption at this meeting follows:
06-A-12 (DAVID & BOBBIE RIGSBEE)
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY
WHEREAS, on 12/27/2005, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:
David H. & Bobbie Rigsbee; Wake County Parcel Identification #0726951686; including 40.54 acres, plus 0.76 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and
WHEREAS, on 6/22/2006, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and
WHEREAS, on 6/22/2006, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 7/27/2006, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and
WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:
Section 1. The area described in the petition and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on the 7/27/2006 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance. A map and description of the annexed area is on file in the Planning Department, Cary Town Hall.
LEGAL
DESCRIPTION
Wake County
Parcel Identification #0726951686
Section 2. That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques. Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.
Adopted on 7/27/2006.
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b. 06-A-17: The property is located 1,370 feet east of the intersection of Research Drive and North Harrison Avenue and contains 15.26 acres. The associated subdivision plan is 06-SP-006 (Cary Academy). Council may take action following the public hearing.
Annexation Petition
Number: 06-A-17
Property Address: Research Drive
Wake County Parcel Number: 0775030167, 0765944023
Real ID Number: 0329931, 0329927
Petition Date: 4/17/2006
Proposed Effective Date: 7/27/2006
OWNERS:
Reedy Creek Investment LLC
P. O. Box 8000
Cary, NC 27512
SAS Institute,
Incorporated
P. O. Box 8000
Cary, NC 27512
LOCATION: 1,370' east of the intersection of Research Drive and North
Harrison Avenue
ZONING & PROPOSED USE:
Current Zoning: Residential-40 (R40)
Acreage: 14.46 plus 0.40 adjacent right of way = 15.26 total acres
% Contiguity: 32.60%
Contiguous to Corporate Limits: Yes
Proposed Use: Athletic fields for Cary Academy
Associated Rezoning Case: None
Associated Development Plan: 06-SP-006 (Cary Academy)
UTILITIES:
Water: On Site
Sewer: On Site
DISTRICTS & TAX VALUE:
Fire District: Western Wake
Voting District: B
Tax Value: $299,200
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public
Hearing: 6/22/2006
Staff Recommendation: Forward to public hearing on 7/27/2006
Action: Forwarded to public hearing on 7/27/2006
Town Council – Public Hearing: 7/27/2006
Staff Recommendation: Adoption with an effective date of 7/27/2006
Action:
The document that Council will consider for adoption at this meeting follows:
06-A-17 (REEDY CREEK INVESTMENT, LLC; SAS INSTITUTE, INC.)
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY
WHEREAS, on 4/17/200, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:
Reedy Creek Investment LLC; SAS Institute, Inc.; Wake County Parcel Identification #0775030167, 0765944023; including 14.46 acres, plus 0.40 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and
WHEREAS, on 6/22/2006, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and
WHEREAS, on 6/22/2006, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 7/27/2006, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and
WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:
Section 1. The area described in the petition and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on the 7/27/2006 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance. A map and description of the annexed area are on file in the Planning Department, Cary Town Hall.
LEGAL
DESCRIPTION
Wake County
Parcel Identification #0775030167, 0765944023
Section 2. That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques. Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District B are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.
Adopted on 7/27/2006.
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c. 06-A-26: The property is located 840 feet west of the intersection of Old Apex Road and West Chatham Street and contains 3.68 acres. The associated subdivision plan is 06-SP-043 (West Chatham Townhomes). Council may take action following the public hearing.
Annexation Petition
Number: 06-A-26
Property Address: 521 Old Apex Road
Wake County Parcel Number: 0764103852
Real ID Number: 0049017
Petition Date: 5/15/2006
Proposed Effective Date: 7/27/2006
OWNERS:
Welcome Home Care LLC
702 Oberlin Road, Suite 400
Raleigh, NC 27605
LOCATION: 840' west of Old Apex Road and West Chatham Street
ZONING & PROPOSED USE:
Current Zoning: Town Center (TC)
Acreage: 3.68 plus 0.00 adjacent right of way = 3.68 total acres
% Contiguity: 100.00%
Contiguous to Corporate Limits: Yes
Proposed Use: Residential Subdivision
Associated Rezoning Case: None
Associated Development Plan: 06-SP-043 (West Chatham Townhomes)
UTILITIES:
Water: On Site
Sewer: 8" PVC 70' south
DISTRICTS & TAX VALUE:
Fire District: Western Wake
Voting District: A
Tax Value: $220,800
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public
Hearing: 6/22/2006
Staff Recommendation: Forward to public hearing on 7/27/2006
Action: Forwarded to public hearing on 7/27/2006
Town Council – Public Hearing: 7/27/2006
Staff Recommendation: Adoption with an effective date of 7/27/2006
The document that Council will consider for adoption at this meeting follows:
06-A-26 (WELCOME HOME CARE, LLC)
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY
WHEREAS, on 5/15/2006, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:
Welcome Home Care LLC; Wake County Parcel Identification #0764103852; including 3.68 acres, plus 0.00 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and
WHEREAS, on 6/22/2006, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and
WHEREAS, on 6/22/2006, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 7/27/2006, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and
WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:
Section 1. The area described in the petition and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on the 7/27/2006 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance. A map and description of the annexed area are on file in the Planning Department, Cary Town Hall.
LEGAL
DESCRIPTION
Wake County
Parcel Identification #0764103852
Section 2. That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques. Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.
Adopted on 7/27/2006.
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d. 06-A-27: The property is located 880 feet south of NC 55 Highway and Alston Avenue and contains 12.36 acres. The associated subdivision plan is 06-SP-065 (Alston Towne Shopping Center). Council may take action following the public hearing.
Annexation Petition
Number: 06-A-27
Property Address: 4501, 4575 NC 55 Highway
Wake County Parcel Number: 0735582204, 0735485345
Real ID Number: 0082441, 0082438
Petition Date: 5/26/2006
Proposed Effective Date: 7/27/2006
OWNERS:
Cary Creek Limited Partnership
3700 Ario Corporate Drive, Suite 350
Charlotte, NC 28273
LOCATION:
880' south of NC 55 Highway and Alston Avenue
ZONING & PROPOSED USE:
Current Zoning: Office/Research and Development Conditional Use (ORDCU) and
Residential-40 (R-40) with Activity Center Overlay District
Acreage: 12.36 plus 0.00 adjacent right of way = 12.36 total acres
% Contiguity: 45.09%
Contiguous to Corporate Limits: Yes
Proposed Use: Mixed Use Development
Associated Rezoning Case: None
Associated Development Plan: 06-SP-065 (Alston Towne Shopping Center)
UTILITIES:
Water: 8" DIP 1,090’ southwest
Sewer: 8" DIP 1,820' southwest
DISTRICTS & TAX VALUE:
Fire District: Morrisville
Voting District: A
Tax Value: $452,770
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public
Hearing: 6/22/2006
Staff Recommendation: Forward to public hearing on 7/27/2006
Action: Forwarded to public hearing on 7/27/2006
Town Council – Public Hearing: 7/27/2006
Staff Recommendation: Adoption with an effective date of 7/27/2006
The document that Council will consider for adoption at this meeting follows:
06-A-27
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY
WHEREAS, on 5/26/2006, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:
Cary Creek Limited Partnership; Wake County Parcel Identification #0735582204, 0735485345; including 12.36 acres, plus 0.00 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and
WHEREAS, on 6/22/2006, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and
WHEREAS, on 6/22/2006, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 7/27/2006, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and
WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:
Section 1. The area described in the petition and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on the 7/27/2006 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance. A map and description of the annexed area are on file in the Planning Department, Cary Town Hall.
LEGAL DESCRIPTION
Wake County Parcel Identification #0735582204, 0735485345
Section 2. That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques. Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.
Adopted on 7/27/2006.
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No one came forward to speak, and Mayor McAlister closed the public hearing.
ACTION: Ms. Dorrel moved to approve annexations 06-A-12, 06-A-17, 06-A-26 and 06-A-27; Mrs. Robinson provided the second; council granted unanimous approval.
(Ordinances are also on file in the resolution book maintained by the town clerk.)
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