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DRAFT Contact the town clerk at 919-469-4011 for official minutes
Cary Town Council Minutes Thursday, February 28, 2008 6:30 p.m.
Council Chambers Click on links in this document for full text minutes. Present: Mayor Harold Weinbrecht, Mayor Pro Tem Julie Robison, Council Members Gale Adcock, Don Frantz, Ervin Portman, Jennifer Robinson, Jack Smith
A. COMMENCEMENT
1. Call to Order (Mayor Weinbrecht)
Mayor Weinbrecht called the meeting to order at 6:30 p.m.
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2. Ceremonial Opening (Mrs. Robinson)
Mrs. Robinson provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
ACTION: Mr. Smith moved to adopt the agenda; Mrs. Adcock provided the second; council granted unanimous approval.
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B. CONSENT AGENDA
1. Regular Consent Agenda (click on this link to see the full text minutes of the regular consent agenda, including all items listed under B.1.)
a. Consideration of approval of the minutes of the regular town council meeting held on February 14, 2008; the minutes of the comprehensive transportation work session held on February 12, 2008; and the minutes of the work session held on February 18, 2008 to discuss council procedures, ground rules, and communication. (Approved)
b. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexations:
(1)
ANNEXATION 07-A-01
(Approved)
(2)
ANNEXATION 07-A-04 (Approved)
(3)
ANNEXATION 07-A-06
(Approved)
(4)
ANNEXATION 07-A-07
(Approved)
(5)
ANNEXATION 07-A-12
(Approved)
(6)
ANNEXATION 07-A-26
(Approved)
(7)
ANNEXATION 07-A-32
(Approved) c. Consideration of calling for a public hearing to be conducted on March 27, 2008 on (1) changing impact fees, including a proposal to adjust impact fees to 75% of their maximum levels with future small annual increases and (2) the associated amendments to the Land Development Ordinance pertaining to the transportation development fee section. (Approved) d. Consideration of adoption of a revised condemnation resolution related to securing easements for the Summerwinds Water and Sewer Extension Project.(Approved)
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. Consideration of a request to refer the following case back to the April 2008 Planning and Zoning Board for further consideration based on recent proposed changes:
COMPREHENSIVE
PLAN AMENDMENT 07-CPA-11, Swift Creek Shopping Center Note: Staff recommends that Council take an uncommon, but allowable, action regarding this case, and refer the case back to the Planning and Zoning Board for reconsideration at their April 21, 2008, meeting. The reasons for this recommendation are given in this report under the headings “Changes Since the Planning and Zoning Board Meeting” and “Staff Recommendation.”
Request
This is a request to amend Map 1, Future Land Use, of the Town’s Southeast Area Plan to change the land use recommendations for four properties located on the southeast quadrant of the intersection of Holly Springs and Jones Franklin Roads. Three amendments to Map 1 are requested:
1. Amend the text of Note #18 on Map 1 of the Southeast Area Plan as follows (proposed new text is underlined and text proposed for removal is in strikethrough):
Note 18: The area should include a mix
of commercial and office/institutional uses. The area
2. Change the future land use designation of the southernmost property in the application (PIN 0772753218) from “Medium Density Residential (MDR) with a maximum of 6 units/acre” to “Mixed Use (MXD) with a maximum of 6 units/acre.”
3. Extend the geographic area covered by Note #18 so that it also covers the southernmost property in the application (PIN 0772753218).
The purpose of a comprehensive plan amendment is to evaluate the appropriateness of a proposed land use and/or other issue, need, or opportunity 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 comprehensive plan amendment 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
Subject Parcels
Applicable Comprehensive or Area Plan Requirements:
A. Land Use
Plan:
Note 18: The area should include a mix of commercial and office/institutional uses. The 3 lots should be developed in a cohesive manner, designed so as to appear as an extension of the shopping center, drawing patrons towards the center. The 3 lots should tie directly into the shopping center’s parking lot and internal driveway. Uses that are destination-oriented high-traffic generators (e.g., a fast food with a drive-through) should be avoided, in order to keep overall traffic impacts within an acceptable range (as suggested by the traffic model).
The southernmost parcel of 9.99 acres (PIN 0772753218) is currently designated as Medium Density Residential, with a maximum of 6 dwellings per acre. The density cap reflects the density limits for this area recommended by the Swift Creek Land Management Plan and adopted into Cary’s Swift Creek Watershed Overlay Zoning District.
B. Comprehensive Transportation Plan Road 1: Holly Springs Rd. Existing Section: 4-5 lane approx. 105’ ROW Future Section: 4-lane median divided, 100’ ROW Road Improvements: CIP design/construction 2007/2008 Road 2: Jones Franklin Rd. Existing Section: 3-lane approx. 65’ ROW Future Section: 6-lanes 124’ ROW Road Improvements: N/A
C. Parks & Greenways Facilities Master Plan: Greenways Map According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a north-south greenway trail is proposed on the eastern part of this site, parallel to the north-south stream that bisects the southernmost parcel. A payment in lieu of park land dedication may be required for residential development, in accordance with the Town’s Land Development Ordinance.
D. Open Space and Historic Resources Plan: According to the Open Space and Historic Resources Plan (OSHRP), the southern parcel of 9.99 acres (PIN 0772753218) was identified as having significant natural and open space resources, due to the riparian areas and mixed hardwood forest that covers the site. At the level of a Comprehensive Plan Amendment, it is difficult to ascertain whether or not future development will occur in a manner that protects some measure of those resources. Greater clarity may be possible at the time of a rezoning or Mixed Use Sketch Plan submittal. There are no identified historic resources on the site.
E. Affordable Housing Plan: The Affordable Housing Plan includes the following goals and objectives, which could bear on the subject amendment request:
F. Growth Management Plan: The Growth Management Plan includes the following four Guiding Principles which are relevant to this case:
Analysis: Water and sewer infrastructure is available, and the Adequate Public Facilities Ordinance for Transportation will ensure concurrency for roadway capacity.
Analysis: The subject parcels are located within an area where urban services are readily available, and is located within the Swift Creek Community Activity Center, and about 1 mile from the core of the Crossroads Regional Activity Center and office park.
Analysis: As noted above under “D. Open Space and Historic Resources Plan,” the southern parcel of 9.99 acres (PIN 0772753218) was identified as having significant natural and open space resources, due to the riparian areas and mixed hardwood forest that covers the site. At the level of a Comprehensive Plan Amendment, it is difficult to ascertain whether or not future development will occur in a manner that protects some measure of those resources. Greater clarity may be possible at the time of a rezoning or Mixed Use Sketch Plan submittal.
Analysis: The Southeast Area Plan, as adopted in 2004, recommended future land use densities and intensities that conform with and reflect the degree to which the Town has identified this is a preferred growth area. The land use pattern recommended by the Southeast Area Plan was balanced against 20-year roadway capacity in Southeast Cary, as determined by traffic modeling performed in conjunction with the plan. The SE Area Plan does not recommend any additional retail, nonresidential, or high traffic generators on the subject sites.
Town Council Public Hearing ON November 8, 2007
A. Public Hearing Comments No citizens spoke at the public hearing.
B. Town Council Questions and Comments Mayor Pro Tem Smith expressed concern with changing of Note 18. He stated this area is close to a major intersection and there is currently a traffic problem in this vicinity. He stated he likes the idea of the traffic diversion into the shopping center, but he does not want a high traffic use in this location. Mrs. Robison asked staff to describe the Area Plan history for the subject parcels. Mrs. Robinson also asked whether or not the amount of retail planned for during development of the Southeast Area Plan and its traffic model is already accounted for in this area. Responses to both questions are provided in the “Staff Analysis and Recommendation” section of this report, below.
C. Changes Since the Town Council Public Hearing The nature of the requested amendment to Note 18 on Map 1 Future Land Use, has changed since the November 8, 2007, Town Council public hearing. At the time of the Town Council public hearing, the applicants had requested the following changes to Note 18 (proposed new text is underlined and text proposed for removal is in strikethrough):
Note 18: The area should include a mix of commercial and
office/institutional uses. The area
On January 7, 2008, the applicants submitted further revisions to the requested amendment to Note 18, adding the two sentences as underlined below:
Note 18: The area should include a mix
of commercial and office/institutional uses. The area
The additional changes to Note 18 were proposed by the applicants in response to a suggestion from staff to clarify the mix of uses and magnitude of development.
Planning and Zoning Board Meeting ON January 28, 2008
A. Public Hearing Comments
No citizens came forward to speak at the Planning and Zoning Board Public Hearing. The applicants’ representative, Mr. Paul Brewer, on behalf of the owners of Swift Creek Shopping Center, stated that the shopping center needs revitalization to remain competitive with newer development in the area. He explained that by adding another anchor on Holly Springs Road it could turn the shopping center to have better frontage and access [along Holly Springs Road].
B. Planning and Zoning Board Actions and Analysis
The Board voted 5-1 to recommend denial of this Plan Amendment request, as it was constituted at the time of their January 28 meeting.
Mr. Keith Fenn expressed concern about the amount of impervious surface that would impact the Swift Creek Watershed Overlay. Mr. Paul Brewer noted that, given the direction in which the meeting was going, he might like to table the project until such time as he could meet with staff and discuss options for revisions to the amendment request. Ms. Joy Wayman stated that she supported the idea for mixed use on the site as proposed by the applicant, and felt it would be good for the area. Mr. Harry Baulch was supportive of the idea of revitalization to avoid vacancies within – and the possible failure of – a shopping center, and cited Waverly Place as an example. However, Mr. Baulch was also concerned that this case might present a situation where approval could allow or set the stage for the “creeping” of commercial and nonresidential uses further down a major roadway (i.e., beyond the limits recommended by the Plan). Mr. Hari Nath hoped to see the applicant work more closely with staff to come to an agreement.
C. Changes Since the Planning and Zoning Board Meeting
At their request, staff met with the applicants on February 7, 2008, to discuss options and modifications to their amendment request. The applicants indicated that they’d be willing to work with staff to make several changes to the amendment request, in order to fashion an amendment that would be acceptable to staff, the Planning Board, and Town Council. Accordingly, the applicants asked that Council refer the case back to the Planning Board, for consideration of a revised application at their April 21, 2008, meeting. Staff supports this request, since the applicants indicated they were willing to make several changes to their amendment request, including:
Staff Analysis and Recommendation
A. Case History for the Site
At the time of the first public hearing for the Southeast Area Plan (June 10, 2004), the recommended future land use for the northern 3 parcels of this case was “Office/Institutional or Medium Density Residential” (without any Note 18), and the recommended land use for the southernmost 9.99-acre parcel was Medium Density Residential (3-6 units/acre). At that initial public hearing, a request was filed by Jerry Turner on behalf of the three northernmost properties that the Town consider changing the proposed plan recommendation for those parcels to Commercial. Following review by the Planning Board, staff and the applicants proposed as a compromise a Mixed Use designation, coupled with the addition of Note 18 to the map in order to provide some assurance to the Council, the Board, and the public that drive-throughs and/or high traffic generators would be avoided on those parcels. Council agreed to this compromise when the final plan was adopted on September 9, 2004.
Analysis: Based on the compromise for the site that was fashioned just over 3 years ago with both staff, Planning Board, and Council involvement, staff does not feel that the change in land use designations and Note 18 text, as currently proposed by the applicant, is warranted at this time.
B. Traffic Considerations
The pattern, mix, and intensity of land uses that are present in the adopted Southeast Area Plan were based on, and balanced against, the available traffic capacity of the future roadway network, out to 2020. Most of the major arterial intersections in the southeast were anticipated to be highly congested, and every effort was made to balance land uses across the area in such a manner as to not overwhelm the local road network. In some cases this was done by encouraging mixed use development in order to take advantage of internal trip capture, and by placing limits on the amount of planned commercial/retail.
Analysis: Given the Town’s recent and heavy investment in cost, time, and effort in developing recommendations for future land uses so that 20-year roadway capacity will not be exceeded, staff recommends against the land use map and note changes currently proposed by the applicant, since such changes might compromise the traffic modeling assumptions, especially with regard to high traffic-generators such as drive-throughs.
C. Council Direction
The Southeast Area Plan was developed according to Council direction that the total amount of commercial/retail within the plan area should not be increased beyond the amount already planned for in the prior 1998 Area Plan. Council further directed that commercial development along Walnut Street/Holly Springs Road should be strictly limited, in order to avoid continuous nonresidential strip development along that corridor.
Analysis: Staff has not received any indication that Council has modified the direction given to staff in 2003-2004 that high-volume traffic generators and drive-through uses should be avoided at the subject location, and that nonresidential development should not be extended further along the Walnut Street and Holly Springs Road corridor. Accordingly, staff does not recommend striking the related text from Note 18 as currently proposed by the applicants, nor the extension of the mixed use designation to the extent currently requested.
D. Symmetry Along Holly Springs Road
The existing Southeast Area Plan intentionally achieves symmetry and balance in terms of the southern extent of nonresidential land uses along Holly Springs Road. On the west side of Holly Springs Road, the southern boundary of the Colonial Baptist Church parcel marks the southern limit for nonresidential uses. On the east side of Holly Springs Road, the southern boundary of the mixed use area defined by Note 18 marks the southern limit of nonresidential uses, and it matches up perfectly with the southern boundary of Colonial Baptist Church on the opposite side of Holly Springs Road.
Analysis: In its current form, the amendment request would extend the mixed-use area southward along the east side of Holly Springs Road to an extent that will cause an unbalance in land use symmetry on either side of Holly Springs Road, which may indirectly encourage future southward extension of nonresidential uses on the west side of Holly Springs Road.
E. Comparison Of Existing And Requested Land Use Plan Designations
Assuming conventional, average floor-area ratios for suburban retail and office development in Cary, under the current Southeast Area Plan the subject parcels might potentially build out with about 34,000 sq. ft. of retail and office floor space combined (split roughly equally between retail and office), and between 30 - 60 dwellings. Using the same density assumptions, under the proposed plan amendment the four parcels might build out with between 75,000 - 112,000 sq. ft. of office and retail space combined, depending on the amount of unbuildable stream buffers actually present on the southernmost 9.99-acre parcel. Under the proposed plan amendment, there is no required housing component, although between 3 - 30 dwellings might be provided if half of the 9.99-acre tract was used for housing. The table below summarizes these estimates.
Analysis: The applicant’s proposal could theoretically result in a net gain of 48,000 to 78,000 sq. ft. of nonresidential floor space in the Swift Creek Community Activity Center, and a loss of anywhere from 30 to 60 supporting residential units.
F. Commercial Viability of the Existing Land Use Recommendation
The applicants contend that the expansion of the 4.26-acre mixed-use area to 14.25 acres is needed in order to support additional commercial space, in particular a drive-through restaurant. Analysis: Staff feels that the existing 4.26-acre site is commercially viable as is, and is of sufficient size to develop as an asset to the overall shopping center. As a precedent, immediately north of the subject site are two parcels on the same side of Holly Springs Road, totaling about 2.39 acres. These two parcels have recently developed with a CVS pharmacy totaling 11,800 sq. ft., and an RBC Bank totaling about 4,500 sq. ft. However, the addition of some extra land to the shopping center (less than the 10 acre addition currently proposed) may add to the overall vitality of the shopping center.
G. Criteria For Consideration In Reviewing Comprehensive Plan Amendments:
Section 3.2.2(B) of the Land Development Ordinance states that “Proposals to amend the Comprehensive Plan shall be evaluated based upon whether the amendment is necessary in order to address conditions including, but not limited to, the following:”
Staff Analysis: No changes have been identified.
Staff Analysis: None have been identified at this point. However, forthcoming additional information regarding the location of the future access point to the site from Holly Springs Road may help to define a better transition point between the mixed use area and future residential development to the south.
Staff Analysis: None have been identified.
Staff Analysis: None have been identified.
In summary, at this point staff does not feel that the Ordinance tests outlined above have been met. However, if Council does send this case back for reconsideration by the Planning Board, the applicants will have time to work with NCDOT and Town staff to identify the most likely location for the future access point to the site from Holly Springs Road. This effort may yield new information that would help to define a better transition point between the mixed use area and future residential development to the south, which could, in turn, satisfy one of the tests given above.
H. Staff Recommendation
Staff recommends that this case be referred back to the Planning and Zoning Board, for reconsideration at their April 21, 2008, meeting. Prior to the Board meeting, the applicants will continue to work with staff to fashion a revised plan amendment that could be supported by staff and the Planning Board.
ACTION: Mr. Portman moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.
(NOTE: This motion refers the item back to the planning and zoning board as recommended by staff.)
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3. Planning and Development Committee, February 21, 2008 (click on this link to see full text minutes of agenda item B.3, the operations committee consenta agenda)
a.
Community Block Grant Annual Action Plan Public Hearing Schedule
(PL08-022)
b. Re-adoption of
Existing Resolution of Consideration
(PL08-023)
c.
Donation of a Painting/Collage by Artist
Susan Buret (PR08-21)
d.
Interlocal Agreement to Consolidate
Building Permitting, Plan Review and Inspections Functions
(IP08-004)
e.
Consideration of Financial Contributions
from the Town in Connection with Road Improvements for the Wake County
Public School System (EN08-064A)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS 1. Presentation by the Teen Advisory Committee announcing the 2008 Cary Teen Forum. Miss Willis publicly announced this event, which will be conducted on Saturday, March 15, 2008 from 9:30 a.m. until 2 p.m. at the Herb Young Community Center, and the theme “what in the world is going on”.
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2. Recognition of visitors from Turkmenistan.
Mrs. Robison recognized the two visitors from Turkmenistan.
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3. Recognition of Wake Technical Community College culinary students traveling to Cary’s Sister City, Le Touquet, France, for an educational opportunity.
Mr. Smith recognized the culinary students and the sister cities exchange program.
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D. PUBLIC SPEAKS OUT
Dr. Larry Ballas appreciates a type of marigold plant that is native to Turkmenistan. Secondly, he stated there are numerous signs on the side of the streets in Cary, specifically in the vicinity of Cary Park, and it is not very attractive. Finally, he stated Progress Energy wants to build another nuclear facility in the area, and they need water in their cooling towers, and Cary wants to build a treatment facility in the same area (New Hill). He urged Cary and Progress Energy to compromise and build the facilities on the Progress Energy area to supply treated wastewater to Shearin Harris Lake. He stated this would allow the power plant to remain open in times of drought.
Mr. Thomas Kumpf spoke about concerns regarding the management practices of the Cary downtown farmer’s market. His comments are attached to and incorporated in these minutes as Exhibit. He requested that the Town directly or indirectly oversee the management of the farmer’s market and that the Town sent a council representative to the spring meeting.
Mr. Brent Miller thanked the council for moving public speaks out to the beginning of the meeting. He stated the parks, recreation and cultural resources department recognized their volunteers at a recognition event this week. He spoke about the individual volunteer award winners for their exceptional service.
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E. PUBLIC HEARINGS
1. BUDGET PUBLIC
HEARING
No one spoke; the mayor closed the public hearing. No action was necessary.
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2. Park at West Lake Development
a.
ANNEXATION 07-A-31
Annexation Petition Number: 07-A-31 Property Addresses: 5200, 5201, 5204, 5205, 5208, 5209, 5212, 5213, 5216, 5217, 5220, 5221, 5224, 5225, 5228, 5232 Roswellcrest Court; 5200 Greymoss Lane; 7001, 7005, 7009, 7013, 7017, 7021, 7025, 7029, 7037, 7041, 7045, 7049 Dayton Ridge Drive
Wake County Parcel Numbers: 0679042196, 0679041197, 0679041106, 0679040114, 0669949132, 0669948131, 0669947114, 0669945303, 0669946332, 0669947331, 0669948320, 0669949320, 0679040311, 0679040393, 0679041385, 0679042376, 0679034106, 0679033253, 0679033238, 0679033323, 0679033318, 0679033413, 0679033419, 0679033504, 0679033605, 0679033701, 0679033707, 0679032892, 0679032999
Real ID Numbers: 0364134, 0364135, 0364136, 0364137, 0364138, 0364139, 0364140, 0364125, 0364126, 0364127, 0364128, 0364129, 0364130, 0364131, 0364132, 0364133, 0364122, 0364121, 0364120, 0364119, 0364118, 0364117, 0364116, 0364115, 0364114, 0364113, 0364111, 0364112, 0364123
Petition Date: 1/2/2008 Proposed Effective Date: 8/28/2008
OWNERS: L and L of Raleigh, Inc. 2301 Stonehenge Drive, Suite 107 Raleigh, NC 27615
LOCATION: Park @ West Lake-2,620 feet west of intersection of West Lake Road and Serene Forest Drive
ZONING &
PROPOSED USE: Acreage: 6.92 plus 3.82 adjacent right of way = 10.74 total deeded acres Contiguous to Primary Corporate Limits: Yes % Contiguity (excluding satellite town limits): 47.5% Existing Use: Vacant Proposed Use: Residential Subdivision Associated Rezoning Case: 07-REZ-38 (Park @ West Lake) Associated Development Plan: Park @ West Lake UTILITIES: Water: 1,360 feet northwest Sewer: On Site DISTRICTS & TAX VALUE: Fire District: Fairview Voting District: C Tax Value: $1,420,000 MEETINGS: Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing: 1/24/2008 Staff Recommendation: Forward to public hearing on 2/28/2008 Action: Forwarded to public hearing on 2/28/2008 Town Council – Public Hearing: 2/28/2008
07-A-31
AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY
WHEREAS, on 1/2/2008, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:
L and L of Raleigh, Inc.; Wake County Parcel Numbers: 0679042196, 0679041197, 0679041106, 0679040114, 0669949132, 0669948131, 0669947114, 0669945303, 0669946332, 0669947331, 0669948320, 0669949320, 0679040311, 0679040393, 0679041385, 0679042376, 0679034106, 0679033253, 0679033238, 0679033323, 0679033318, 0679033413, 0679033419, 0679033504, 0679033605, 0679033701, 0679033707, 0679032892, 0679032999;
including 6.92 acres, plus 3.82 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and
WHEREAS, on 1/24/2008, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and
WHEREAS, on 1/24/2008, 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 2/28/2008, 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 8/28/2008 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 PIN numbers above)
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 ________________
b.
REZONING 07-REZ-38, Park at West Lake Request
The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 10.74 acres located southwest of the Serene Forest Drive and Dayton Ridge Drive intersection, from Residential-20 Conditional Use District Wake County (R-20 CUD W) to Residential-8 (R-8) and Transitional Residential (TR).
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 a Wake County zoning district (Residential-20 CUD). Upon annexation into the Town, the zoning of the property must be changed to Cary zoning districts (in this case, the proposed Residential-8 and Transitional Residential). Because this property is already developed and/or within an existing subdivision approved by Wake County, the proposed R-8 and TR 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 at that time 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
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