DRAFT

B.   CONSENT AGENDA

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end 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 September 11, 2007. (Town Council)

ACTION: Mr. Portman moved to approve the consent agenda. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.

_________________________

b.   Consideration of a waiver to allow Helen Hutchings to continuing serving on the Information Services Advisory Board. (Mrs. Rowland)

STAFF REPORT

Town Council, September 27, 2007

Waiver of Boards and Commissions Ordinance Requirements (TC08-002)
Consideration a waiver to allow Helen Hutchings to continuing serving on the Information Services Advisory Board
Speaker:  Mrs. Sue Rowland

 

From:  Sue Rowland, Town Clerk
Prepared by:  Karen C. Gray, Deputy Town Clerk
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

On January 11, 2007, council appointed Helen Hutchins to serve on the Information Services Advisory Board with a term expiration of February 1, 2009.  Ms. Hutchings has temporarily moved to Apex until her home in Cary is built, which will be ready some time in March or April of 2008.  She is a faithful and active member of the ISAB and wishes to continue serving through her term expiration in 2009.

The code of ordinances does provide that the Council may, by majority vote, waive any provision of Article V, Boards, Commissions and Authorities.  Additionally, the ISAB Council liaison fully supports waiving the provisions of the code.  Therefore, Council is asked to approve a waiver of the following:

1.  Sec. 2-162 Appointment generally; the code requires that a person must permanently reside within the town limits.

2.  Sec. 2-170 Information services advisory board; the code requires that members are appointed from within Cary's corporate limits or its extraterritorial jurisdiction

Fiscal Impact:  N/A

Staff Recommendation:  Staff requests that Council approve the waiver to allow Ms. Hutchings to continue serving on the Information Services Advisory Board through her February 1, 2009 term expiration.

ACTION: Mr. Portman moved to approve the consent agenda. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.

_________________________

c.   Consideration of adoption of the September 2007 tax report. (Mr. Bill Coleman)

The Wake County Board of Commissioners, in regular session on September 6, 2007, approved and accepted the enclosed tax report for the Town of Cary.

It is hereby submitted for your approval.

ACTION: Mr. Portman moved to approve the consent agenda. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.

_________________________

d.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on the following citizen-initiated annexation:

      ANNEXATION PETITION 07-A-25
Property addresses: intersection of O'Kelly Chapel Road and Green Level to Durham Road
Acreage: 84.22 plus 3.48 adjacent right of way = 87.70 total acres
Zoning: Residential 40 (R-40); Residential Multi-Family in a Planned Development District (RMFP)
Contiguous to Corporate Limits: Yes
Proposed use: Residential Single Family in a Mixed Use Overlay District
Associated development: 07-SB-004 (Evans Farm Subdivision) 
Speaker: Mr. Dan Matthys

Annexation Petition Number:   07-A-25
Property Addresses:   111, 123 Evans Farm Road; and other unaddressed properties
Wake County Parcel Numbers:  0735092973, 0735192557, 0736002178, 0735092668, 0735192806, 0736015021
Real ID Numbers:   0021211, 0095700, 0334536, 0334535, 0334349, 0314175
Petition Date:   8/7/2007
Proposed Effective Date:   10/25/2007

OWNERS:
Glenn Futrell
P. O. Box 3006
Cary, NC 27519-3006

O'Kelly Durham Associates, LLC
150 Towerview Court
Cary, NC 27513-3595

LOCATION:   At intersection of O'Kelly Chapel Road and Green Level to Durham Road

ZONING & PROPOSED USE:
Current Zoning:   Residential 40 (R-40); Residential Multi-Family in a Planned Development District (RMFP)           
Acreage:   84.22 plus 3.48 adjacent right of way = 87.70 total acres
% Contiguity:   42.30%                 
Contiguous to Corporate Limits:   Yes
Proposed Use:   Residential Single Family in a Mixed Use Overlay District           
Associated Rezoning Case:    None     
Associated Development Plan:   07-SB-004 (Evans Farm Subdivision)   

UTILITIES:
Water:    On Site                          
Sewer:   On Site                          

DISTRICTS & TAX VALUE:
Fire District:   Morrisville                       
Voting District:  A
Tax Value:    $1,433,787

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   9/27/2007
Staff Recommendation:      Forward to public hearing on 10/25/2007

 

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

07-A-25

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

Glenn Futrell; O'Kelly Durham Associates, LLC; 
Wake County Parcel Identification #’s:  0735092973, 0735192557, 0736002178, 0735092668, 0735192806, 0736015021;
84.22 acres plus 3.48± 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 9/27/2007.

                                                                                    _________________________
                                                                                    Sue Rowland, Town Clerk
07-A-25

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

Glenn Futrell; O'Kelly Durham Associates, LLC;
Wake County Parcel Identification #’s:  0735092973, 0735192557, 0736002178, 0735092668, 0735192806, 0736015021;
84.22 acres plus 3.48± 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 10/25/2007.

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

LEGAL DESCRIPTION
Wake County Parcel Identification #’s:  0735092973, 0735192557, 0736002178, 0735092668, 0735192806, 0736015021

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 9/27/2007.

                                                                                                _________________________
                                                                                                Sue Rowland, Town Clerk

ACTION: Mr. Portman moved to approve the consent agenda. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.

(Resolution is also on file in the town clerk’s office.)

_________________________

2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

a.   Park at Westlake

(1)  ANNEXATION PETITION 07-A-18
Property location: Park at West Lake-south of Optimist Farm Road, west of West Lake Road and northwest of the South Cary Water Reclamation Facility
Acreage: 20.11 plus 3.65 acres of right-of-way
Zoning: Residential 30 Conditional Use Wake (R-30CUW)
Contiguous to Corporate Limits: Yes
Associated Rezoning Case:  07-REZ-08 (Park at Westlake)
Proposed use: Residential Subdivision
Speaker: Mr. Dan Matthys
Council Action: council may take action (the public hearing was conducted on July 26, 2007)

Annexation Petition Number:   07-A-18
Property Addresses:   7100, 7105, 7108 Bedford Ridge Drive; 7304, 7308, 7309, 7312, 7316, 7317, 7320, 7321, 7328, 7329, 7332, 7333, 7336, 7337, 7344, 7348, 7352 Capulin Crest Drive; 6101, 6104, 6105, 6108, 6109, 6112, 6113, 6117, 6121, 6124, 6125, 6128 Gretna Lane; 7300, 7301, 7308 Bouldercrest Court; 5104, 5105, 5108, 5112, 5112, 5117, 5120  Roswellcrest Court; and other unaddressed properties
Wake County Parcel Numbers:  0679122603, 0679123728, 0679123868, 0679125867, 0679121545, 0679028581, 0679121406, 0679124865, 0679133096, 0679029420, 0679120338, 0679131311, 0679131210, 0679122908, 0679029559, 0679128738, 0679137009, 0679131038, 0679028647, 0679121859, 0679029856, 0679028739, 0679220748, 0679122761, 0679120743, 0679131408, 0679126858, 0679120891, 0679129737, 0679132282, 0679133121, 0679134085, 0679135086, 0679035844, 0679047028, 0679046176, 0679047261, 0679045335, 0679047328, 0679037948, 0679037878, 0679044091, 0679044170
Real ID Numbers:   0356282, 0356284, 0356285, 0356287, 0356281, 0356277, 0356280, 0356286, 0356262, 0356278, 0356279, 0356266, 0356267, 0356269, 0356276, 0356290, 0356259, 0356268, 0356275, 0356270, 0356273, 0356274, 0356292, 0356283, 0356272, 0356265, 0356288, 0356271, 0356291, 0356264, 0356263, 0356261, 0356260, 0356667, 0356662, 0356661, 0356660, 0356657, 0356659, 0356663, 0356664, 0356669, 0356670
Petition Date:   4/25/2007             
Proposed Effective Date:   12/19/2007

OWNERS:
Nunn Better Custom Homes, Inc.
4408 Alden Mist Court
Apex, NC 27539

Kerr-Smith Homes & Land, Inc.
4004 Barrett Drive, Suite 205
Raleigh, NC 27609

Armstrong Custom Homes, Inc.
147 High Country Drive
Cary, NC 27513-3449

L and L of Raleigh, Inc.
2301 Stonehenge Drive, Suite 112
Raleigh, NC 27615

Heavenly Homes – Kevin R. Swartz, Inc.
P. O. Box 1088
Holly Springs, NC 27540

Winslow Properties Development Co.
740 Loch Highlands Drive
Raleigh, NC 27606

Braswell Construction Company, Inc.
P. O. Box 40159
Raleigh, NC 27629-0159

Kevin Reinert Homes, Inc.
204 New Edition Court
Cary, NC 27511-4451  

Nancy & Larry Coe, Jr.
7320 Capulin Crest Drive
Apex, NC 27539-4106

Robert & Natalie Perota
7316 Capulin Crest Drive
Apex, NC 27539-4106

Lorraine & Patrick Murray
6104 Gretna Lane
Apex, NC 27539

Jeffrey & Paula Reihl
7337 Capulin Crest Drive
Apex, NC  27539-4107

Steven & Amanda Strawbridge
5120 Roswellcrest Court
Apex, NC 27539

Timothy & Christine Osborne
7108 Bedford Ridge Drive
Apex, NC  27539

Eric & Ellen Nielsen
7304 Bouldercrest Court
Apex, NC 27539  

John Pattati, Jr.
7344 Capulin Crest Drive
Apex , NC   27539-4107

LOCATION:   Park @ West Lake-south of Optimist Farm Road, west of West Lake Road, and northwest of the South Cary Water Reclamation Facility

ZONING & PROPOSED USE:
Current Zoning:   Residential 30 Conditional Use Wake (R-30CUW)        
Acreage:    20.11 plus 3.65 adjacent right of way =  23.76 total acres
% Contiguity:   85.3 %                  
Contiguous to Corporate Limits:   Yes
Proposed Use:   Residential Subdivision            
Associated Rezoning Case:    07-REZ-08 (Park @ Westlake)    
Associated Development Plan:   Park @ Westlake      

UTILITIES:
Water:    On Site    
Sewer:   On Site    

DISTRICTS & TAX VALUE:
Fire District:   Fairview                                                 
Voting District:  C
Tax Value:    under review

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   6/28/2007
Staff Recommendation:   Forward to public hearing on 7/26/2007      
Action:       Forwarded to public hearing on 7/26/2007

Town Council – Public Hearing:   7/26/2007
Staff Recommendation:  Adoption with an effective date concurrent with final rezoning case action
Action:  Public hearing opened and closed; Staff directed to add case to 9/27/2007 agenda for ordinance adoption

Town Council – Ordinance Adoption:   9/27/2007
Staff Recommendation:    Adoption with an effective date of 12/19/2007

The document that Council will consider for adoption at this meeting follows:

07-A-18

AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY

WHEREAS, on 4/25/2007, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Nunn Better Custom Homes, Inc.; Kerr-Smith Homes & Land, Inc.; Armstrong Custom Homes, Inc.; L and L of Raleigh, Inc.; Heavenly Homes – Kevin R. Swartz, Inc.; Winslow Properties Development Co.; Braswell Construction Company, Inc.; Kevin Reinert Homes, Inc.; Nancy & Larry Coe, Jr.; Robert & Natalie Perota; Lorraine & Patrick Murray; Jeffrey & Paula Reihl; Steven & Amanda Strawbridge; Timothy & Christine Osborne; Eric & Ellen Nielsen; John Pattati, Jr.; Wake County Parcel Numbers:  0679048075, 0679046176, 0679046314, 0679047328, 0679047261, 0679028739, 0679029856, 0679028647, 0679029559, 0679138042, 0679131408, 0679131311, 0679132282, 0679131210, 0679131038, 0679133121, 0679122908, 0679133096, 0679124865, 0679134085, 0679125867, 0679135086, 0679126858, 0679137009, 0679127843, 0679128738, 0679129737, 0679220748, 0679123868, 0679121859, 0679123728, 0679120891, 0679122761, 0679120743, 0679122603, 0679121545, 0679121406, 0679028581, 0679120338, 0679029420, 0679037746, 0679036727, 0679037878, 0679035844, 0679037948, 0679035913, 0679047028, 0679044091, 0679044170, 0679045335, 0679044159, 0679044336

including 20.11 acres, plus 3.65 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 6/28/2007, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 6/28/2007, 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 7/26/2007, 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 12/19/2007 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
(See above PINs)

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 C 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 9/27/2007.  

 

ACTION: Mr. Portman moved to approve the consent agenda. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.

(Ordinance is also on file in the town clerk’s office.)

_________________________

(2)  REZONING 07-REZ-08, Park at Westlake
Location: Southwest of the Optimist Farm and West Lake Roads, intersection and northwest of the South Cary Water Reclamation Facility
Current zoning: Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W)
Requested zoning: Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12)
Acreage: 23.78 ±
Speaker: Ms. Jennifer Currin
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: unanimous to approve
Council Action: council may take action

Request

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 23.78 acres located southwest of the Optimist Farm and West Lake Roads intersection and northwest of the South Cary Water Reclamation Facility from Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W) to Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12).

The Town is proposing initial zoning for this property, which is associated with a citizen-initiated annexation request. The reason for this proposed initial zoning is that the property is currently under Wake County zoning districts (Residential-20 CU and Residential-30).  Upon annexation into the Town, the zoning of the property must be changed to Cary zoning districts (Residential-12, Transitional Residential, and Resource/Recreation).  Because this property is already developed and/or within an existing subdivision approved by Wake County, the proposed R-12, TR and R/R zoning districts are the most comparable to the existing use of the property. 

In 2002, the Council approved the development of the 353 acre parent parcel with Town utilities without annexation and allowed subdivision approval through the Wake County Residential 30 zoning district cluster option.  Due to State law requirements, the Town was unable to accept a citizen-initiated annexation petition because the property was closer to Holly Spring's corporate limits.  In 2003, a Holly Springs/Cary Utility Service Agreement was adopted which allowed this property to be annexed and to establish a compatible Cary zoning district.  The developer of this Wake County subdivision agreed to annex based on subdivision plat boundaries.   

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. 

Background Information

Public Notification: On July 9, 2007, notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was present in the Cary News on July 11 and 18, 2007.

Feedback at the Town Council Public Hearing:  No citizens spoke at the public hearing. There were no questions or comments from Council members.

Changes since the Town Council Public Hearing:  None

summary

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest. The requested initial zonings of Resource/Recreation (R/R), Transitional Residential (TR), and Residential-12 (R-12) are compatible with the Wake County Residential-20 CUD (R-20 CUD W) and Residential-30 (R-30 W) zoning districts.

The applicant has submitted the following proposed zoning conditions: None

Planning and Zoning Board Recommendation

As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows:  The Planning and Zoning Board met on August 20, 2007 and voted 9-0 to forward this case to the Town Council with a recommendation of approval because the proposed amendment is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report.

Changes since the Planning and Zoning Board Meeting:  None

Consistency with the Comprehensive Plan

A. Land Use Plan:  The Land Use Plan designation is Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster. The property was developed in Wake County under their cluster option, and is therefore consistent with the Land Use Plan.

B. Transportation
Existing Section:  50’ Right-of-way, residential streets

Future Section:  50’ Right-of-way, residential streets

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk on at least one side

Bicycle Requirements: N/A

Transit Requirements:  None

Traffic Analysis:  N/A

C.  Parks & Greenways
According to the approved Parks, Recreation and Cultural Resources Facilities there are no issues related to this site. According to the Open Space and Historical Resources Plan (OSHRP) there are no issues related to this site.

D.  Environmental:   According to the information available to staff, there are no lots platted into the stream buffer.

E.  Buffers:  As provided in accordance with the Wake County Zoning Ordinance.

F.  Streetscape:  As provided in accordance with the Wake County Zoning Ordinance.

Town Council Criteria for Consideration in Reviewing Rezonings:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town Council should consider in reviewing rezonings:

1.      The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.      The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.      The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.      The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.      The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.      The proposed zoning classification is suitable for the subject property;

Ordinance for Consideration

07-REZ-08 Park at Westlake Rezoning

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 23.78 ACRES LOCATED SOUTHWEST OF THE OPTIMIST FARM AND WEST LAKE ROADS INTERSECTION AND NORTHWEST OF THE SOUTH CARY WATER RECLAMATION FACILITY OWNED BY NUNN BETTER CUSTOM HOMES, INC., KERR-SMITH HOMES & LAND, INC., ARMSTRONG CUSTOM HOMES, INC., L & L OF RALEIGH, INC., HEAVENLY HOMES - KEVIN R. SWARTZ, INC., WINSLOW PROPERTIES DEVELOPMENT CO., BRASWELL CONSTRUCTION COMPANY, INC., NANCY & LARRY COE, JR., ROBERT & NATALIE PEROTA, LORRAINE & PATRICK MURRAY, JEFFREY & PAULA REIHL, STEVEN & AMANDA STRAWBRIDGE, TIMOTHY & CHRISTINE OSBORNE, ERIC & ELLEN NIELSEN, JOHN PATTATI, JR. AND KEVIN REINERT HOMES, INC. FROM RESIDENTIAL-20 CONDITIONAL USE WAKE COUNTY (R-20 CU W) AND RESIDENTIAL-30 WAKE COUNTY (R-30 W) TO RESOURCE/RECREATION (R/R), TRANSITIONAL RESIDENTIAL (TR) AND RESIDENTIAL-12 (R-12).

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows (“Property”):  

* The total acreage does not include the right-of-way. With the right-of-way included, the total acreage is 23.78 ±.

Section 2:  That the Property is rezoned from Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W) to Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.   

Section 3:  This ordinance shall be effective on December 19, 2007.

Adopted: September 27, 2007

Effective: December 19, 2007

ACTION: Mr. Portman moved to approve the consent agenda. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.

(Ordinance is also on file in the town clerk’s office.)

_________________________

b.   Rezoning 07-REZ-09, Batchelor Property/Prentiss Creek
Location: west of Highcroft Planned Development District and south of Green Hope School Road
Current zoning: Residential-40
Requested zoning: Residential-12 Conditional Use and Transitional Residential Conditional Use
Acreage: 54.36
Presenter: Ms. Jennifer Currin
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: council may take action

Request

&nbs