Agenda & Minutes

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 June 12, 2008, and approval of the June 3, 2008 work session minutes. (Approved)

b. Consideration of appointment of Harry Baulch to fill an unexpired term on the planning and zoning board. (Approved)

c. Consideration of providing funding for a new Cary directional sign on I-40 that will be installed by NCDOT. (Approved)

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

ANNEXATION PETITION 08-A-06
Property owners: Hwy 55 Self Storage LLC
Location: 3719 NC 55 Highway
Acreage: 6.65 plus 0.00 adjacent right of way = 6.65 total deeded acres
Zoning: Office, Research & Development (ORD) in a Mixed Use Overlay District
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Self Storage Facility
Speaker: Mr. Wayne Nicholas (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)

3. Planning and Development Committee, June 19, 2008 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Portman)

a. Donation of Artworks (PR08-032)
Committee unanimously recommended accepting a donation four paintings from Cary Visual Art and one painting from artist Lily Karmatz, and directing staff to secure placements for these artworks at Town facilities. (Approved)

b. Extension of Koka Booth Amphitheatre Management Contract (PR08-033)
Committee unanimously recommended approval of exercising the extension provision in the amended SMG contract to extend SMG’s management of the Koka Booth Amphitheatre for two more years, through the 2010 season. (Approved)

c. Community Visioning (AD08-018)
Committee unanimously recommended authorizing staff to proceed with an extensive community visioning project, beginning with the development and issuance of an RFP for specialized consulting services to assist with the effort. (Approved)

d. Request for Road Improvement Waiver – Progress Energy Piney Plains Substation (EN08-103)
Committee unanimously recommended denying a request by Progress Energy for waiver of thoroughfare improvement requirements associated with the proposed Piney Plains Substation addition and that the thoroughfare road improvements, 10’ concrete multi-use trail, and right-of-way dedication for Piney Plains Road be required. (Pulled from consent for discussion; see item G)

e. Implementation of Annexation Program: Phase I (PL08-039)
Committee unanimously recommended that staff be directed to begin implementation of Phase I of the Town’s adopted Annexation Program and to perform the required annexation report and plan of service for possible Town-initiated annexation of all nine areas included in Phase I of the adopted Annexation Program. (Pulled from consent for discussion; see item G)

1. Presentation of a proclamation from the Wake County PTA thanking the Town of Cary for implementing school zone safety measures. (Presented)

Representatives of the Wake County PTA presented Police Chief Pat Bazemore with a proclamation in appreciation of the school safety zone decisions that have been implemented.

a. ANNEXATION PETITION 08-A-01
Property owners: Town of Cary; Wake County
Location: 1,600 feet southeast of the Green Level Church Road and White Oak Church Road intersection
Acreage: 114.92 plus 5.29 acres of right-of-way
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Future park and greenway trail
Associated Rezoning Case: 08-REZ-02 (Raftery Property)
Speaker: Mrs. Debra Grannan
Proposed council action: defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated rezoning (08-REZ-02) (public hearing conducted; action will occur at a future council meeting to coincide with the action on the associated rezoning -- 08-REZ-02)

Annexation Petition Number:   08-A-01
Property Addresses:   1305 White Oak Church Road and other unaddressed properties
Wake County Parcel Numbers: 0724219914, 0724316995, 0724303403, 0724416848
Real ID Numbers:   0183073, 0297306, 0297307, 0047493
Petition Date:   4/20/2008
Proposed Effective Date:   To be determined

OWNERS:
Town of Cary
316 N. Academy Street
Cary, NC 27512-8005

LOCATION:   1,600 feet southeast of Green Level Church Road and White Oak Church Road intersection

ZONING & PROPOSED USE:
Current Zoning:   Residential 40 Wake (R-40W)
Acreage:   114.92 plus 5.29 adjacent right of way = 120.21 total deeded acres
Contiguous to Primary Corporate Limits:   Yes
% Contiguity (excluding satellite town limits):   22.38%
Existing Use:    Vacant
Proposed Use:   Future park and greenway trail
Associated Rezoning Case:    08-REZ-02 (Raftery Property)
Associated Development Plan:   None

UTILITIES:
Water:    6,210 feet northeast
Sewer:   6,760 feet northeast

DISTRICTS & TAX VALUE:
Fire District:   Morrisville
Voting District: A
Tax Value:    $10,910,068

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   5/29/2008
Staff Recommendation: Forward to public hearing on 6/26/2008
Action:   Forwarded to public hearing on 6/26/2008

Town Council – Public Hearing:   6/26/2008

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

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

WHEREAS, on 4/20/2008, the Town of Cary and Wake County have made their intentions known to the Town Council and are requesting consideration to annex the following described areas owned jointly by the Town of Cary, under G.S. 160A-53, and Wake County, under G.S. 160A-51:

Town of Cary; Wake County; Wake County Parcel Identification #’s: 0724219914, 0724316995, 0724303403, 0724416848; including 114.92 acres, plus 5.29 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 5/29/2008, the Town Clerk of the Town of Cary certified the sufficiency of said request, the same being duly made after investigation; and

WHEREAS, on 5/29/2008, 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 6/26/2008, 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-53 and 160A-51.

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

Section 1. The area described herein that is jointly owned by the Town of Cary and Wake County and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on (to be determined) 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 #’s: 0724219914, 0724316995, 0724303403, 0724416848

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.

b. REZONING 08-REZ-02, Raftery Tract Park
Location: 1,600 feet southeast of Green Level Church Road and White Oak Church Road intersection
Current Zoning: Residential 40 Wake (R-40W)
Proposed Zoning: Resource/Recreation (RR)
Acreage: 115.5 ±
Speaker: Mrs. Debra Grannan
Proposed council action: refer to the July 21, 2008 planning and zoning board meeting (referred to 7/21/08 planning and zoning board meeting)

Wake County and the Town of Cary jointly purchased approximately 115 acres from Raftery Ventures for open space and recreational purposes. It was agreed that Wake County and the Town of Cary would jointly plan for the future use of this property. The Town of Cary is required to apply base zoning to all property annexed into the Town’s corporate limits. This land is currently located outside Cary’s ETJ and there is currently an annexation petition (08-A-01) associated with this case.

This application is a request for Town Council to approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 115.5 acres, located 1,600 feet southeast of the Green Level Church Road and White Oak Church Road intersection, from 40 Wake County (R-40W) to Resource/Recreation (RR).

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. All such requirements can be found at http:vic.townofcary.org.

Applicant/Agent	Town of Cary 316 N. Academy Street Cary, NC 27513
Acreage	115.5 ±
General Location	1,600 feet southeast of the Green Level Church Road and White Oak Church Road Intersection
Hearings / Meetings	Public Hearing June 26, 2008	Planning & Zoning July 21, 2008	Town Council August 28, 2008
Land Use Designation	Parks
Town Limits	The land is located outside Cary’s ETJ; annexation is required prior to zoning being applied.
Annexation	There is an annexation petition associated with this case
Valid Protest	Protest petitions are not applicable to a map amendment (rezoning) that initially zones property that is being added to the Town’s jurisdiction by annexation.
P&Z Recommendation	To be provided after the Planning and Zoning Board Meeting
Existing Use	Vacant
Proposed Use	Uses permitted under RR zoning such as greenways, playgrounds and athletic fields.
Final Council Action	To be provided after the Town Council Meeting
Staff Contact	Debra Grannan, Senior Planner 316 N. Academy Street Cary , NC 27513 (919) 460-4980 Debra.Grannan@townofcary.org

A. Land Use Plan: This rezoning request conforms to the adopted Land Use Plan which designates the area for Parks, Open
Space and Greenways.

B. Growth Management Plan:
The Growth Management Plan includes the following five Guiding Principles which are relevant to this case:

1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.

2. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

3. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.

4. C2 Guiding Principle: Ensure public investment decisions are consistent with the Town’s growth management goals.

5. Q1 Guiding Principle: Continue Cary ’s leadership role in quality growth and development

C. Affordable Housing Plan:
Based on the proposal, the Affordable Housing Plan is not applicable.

*East/West collector extension shown on thoroughfare plan has been re-routed north to Green Level Church Road, so is no longer required.

* This rezoning is in the vicinity of the County Line Road extension and will require further study of the alignment. The dimensional requirements are as follows:

E. Parks & Greenways Master Plan:
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan this property was purchased for open space and park purposes. Per the approved Master Plan, this has been designated as a Community Park . The American Tobacco Trail (ATT) passes through the property, and a Town of Cary greenway is proposed along the riparian buffer on site connecting to the ATT. According to the Open Space and Historical Resources Plan (OSHRP) portions of this property are proposed for open space conservation due to the mixed hardwood and conifer forests on site.

F. Environmental:
According to the Town of Cary GIS maps, there are stream buffers located on the subject property. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

G. Buffers:
The type and width of perimeter buffers required on the subject property will depend on future development plans. If park land or open space is proposed, then according to Chapter 7 of the Land Development Ordinance, a 20-foot Type B (semi-opaque) buffer shall be required adjacent to the single-family homes adjacent to the property. If future development plans include an athletic field or public recreation center, then a 40-foot type A (opaque) Buffer shall be required.

H. Streetscape:
According to Chapter 7 of the Land Development Ordinance, the width of the streetscape for non-residential uses shall be a minimum of 30 feet along thoroughfares and major collectors designated on the Cary Comprehensive Plan, measured from the ultimate right-of-way line.

Currently, under Wake County zoning, R-40W, this parcel could generate 117 peak hour trips. While preliminary engineering of the site has not been done, with the proposed zoning to resource/recreation, the site was reviewed for trip generation purposes as a regional park (Land Use Code 417). This use generates 0.20 trips/acre (assume 115.5 acres) for the PM or 23 trips. Therefore, this proposal would be considered a down zoning from a traffic standpoint. However, a traffic study might be needed at site plan. If other amenities are identified to be included in the park, the traffic impacts will be identified at that time.

The proposed project is in the rezoning stage and, therefore, preliminary engineering of the site has not been done. Prior to site plan or subdivision plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that 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;

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 115.5 ACRES LOCATED AT WHITE OAK CHURCH ROAD OWNED BY TOWN OF CARY AND WAKE COUNTY BY REZONING FROM RESIDENTIAL 40 WAKE (R40W) TO RESOURCE/RECREATIONAL (RR).

Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s) (10 digit)	Real Estate ID(s)	Area ± (Acres)
Wake County and Town of Cary Wake County P. O. Box 550 Raleigh , NC 27602-0550	0724416848	0047493	35.02 ±
Wake County and Town of Cary Wake County P. O. Box 550 Raleigh , NC 27602-0550	0724219914	0180373	19.55
Wake County and Town of Cary Wake County P. O. Box 550 Raleigh , NC 27602-0550	0724316995	0297306	60.86
Wake County and Town of Cary Wake County P. O. Box 550 Raleigh , NC 27602-0550	0724303403	0297307	0.01
Total Acres			115.5 ±

Section 2: That this Property is rezoned from Wake County 40 (R-40W) to Resource/Recreation (RR) subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Staff’s PowerPoint presentation on the rezoning is attached to and incorporated herein as Exhibit.

Mr. Portman clarified that the property is not in Cary’s ETJ. Mrs. Grannan of the planning staff stated the property is jointly owned by the Town of Cary and Wake County, and an annexation is required.

Mr. Portman asked if it is time to seek an expansion of Cary’s ETJ in this area. Mr. Ulma stated staff looked at this area (southwest) and the area to the southeast a couple of years ago and identified the area to the southeast where Cary has annexed through its ETJ. Subsequently, the Town went to the county a couple of years ago with an ETJ request in this area, but the county put the request on hold until the annexation program (later on this agenda) was developed. He stated the staff deferred any request to the county in the southwest area to wait and see how the Chatham County planning process proceeded. The stated the Wake and Chatham Boards of Commissioners would be responsible for approving ETJ in the respective counties.

Mr. Ulma stated staff can review the ETJ issue again. Mr. Coleman suggested that staff do the preliminary ETJ work and bring it to the planning and development committee. Council concurred.

Mrs. Robison asked that the planning and development committee also review the number of ETJ representatives on the planning and zoning board as part of the ETJ issue.

ACTION: Referred the rezoning to the July 21, 2008 planning and zoning board meeting

a. ANNEXATION PETITION 08-A-04
Property owners: SAS Institute, Inc.; Reedy Creek Investments, LLC
Location: 2301 and 2401 Trenton Road
Acreage: 11.79
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: No
Existing Use: Vacant
Proposed use: Solar Array Panel Installation Site
Associated Development Plan: 08-SP-037 (SAS Solar Array)
Speaker: Mr. Wayne Nicholas
Proposed council action: council may take action (Approved)

Annexation Petition Number:   08-A-04
Property Address:   2301, 2401 Trenton Road Intersection
Wake County Parcel Number: 0775413221 (portion), 0775402653 (portion)
Real ID Number:   0277290 (portion), 0148869 (portion)
Petition Date:   4/15/2008
Proposed Effective Date:   6/26/2008

OWNERS:
SAS Institute, Inc.
P. O. Box 610
Cary, NC 27512-0610

Reedy Creek Investments, LLC
P. O. Box 3557
Cary, NC 27519-3557

LOCATION:   2,720 feet southwest of I-40 and Trenton Road intersection

ZONING & PROPOSED USE:
Current Zoning:   Residential 40 (R-40)
Acreage:   11.79 plus 0.00 adjacent right of way = 11.79 total deeded acres
Contiguous to Primary Corporate Limits:   No
% Contiguity (excluding satellite town limits):   0.00%
Existing Use:   Vacant
Proposed Use:   Solar Array Panel Installation Site
Associated Rezoning Case:    None
Associated Development Plan:   08-SP-037 (SAS Solar Array)

UTILITIES:
Water:    1,840 feet north
Sewer:   2,140 feet northwest

DISTRICTS & TAX VALUE:
Fire District:   Western Wake
Voting District: B
Tax Value:    $1,414,609

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   5/29/2008
Staff Recommendation: Forward to public hearing on 6/26/2008
Action:     Forwarded to public hearing on 6/26/2008
Town Council – Public Hearing:   6/26/2008
Staff Recommendation:     Adoption with an effective date of 6/26/2008

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

AN ORDINANCE ANNEXING LANDS NOT CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY, NORTH CAROLINA

WHEREAS, on 4/15/2008, the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:

SAS Institute, Inc.; Reedy Creek Investments, LLC; Wake County Parcel Identification #’s: 0775413221 (portion), 0775402653 (portion); including 11.79 acres, plus 0.00 acres of adjacent right-of-way; which are No to the existing municipal limits of the Town of Cary; and

WHEREAS, on 5/29/2008, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, the Town Council hereby finds that the area described herein meets the standards of G.S. 160A-58.1(b), described as follows:

a. The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town.

b. No point on the proposed satellite corporate limits is closer to another municipality than to the Town.

c. The area described is so situated that the Town will be able to provide the same services within the proposed satellite corporate limits that it provides within the primary corporate limits.

d. No subdivision, as defined in G.S. 160A-376, will be split up by this proposed annexation.

e. The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, does not exceed ten percent (10%) of the area within the primary corporate limits of the Town.

f. The public health, safety, and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein;

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

Section 1. By virtue of the authority granted by 160A-58.1, the area described in the petition and depicted on the map (filed in the planning department), is hereby annexed to and made a part of the Town of Cary, effective on 6/26/2008 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.

METES AND BOUNDS DESCRIPTION
Commencing at a point in the south east corner of Lot 15 and the west side
Trenton Road right of way; Thence with a bearing N 00° 49' 34" W and a distance of
28.02 feet to a iron pipe, Thence S 01° 13' 19" W a distance of 212.38 feet
to an iron pipe, the place of beginning:
Thence, N 69° 34' 05" W a distance of 526.01 feet to a point,
Thence, N 71° 35' 34" W a distance of 927.26 feet to a point,
Thence, N 90° 00' 00" W for a distance of 559.36 feet to a point,
Thence, N 00° 00' 00" E for a distance of 367.83 feet to a point,
Thence, N 90° 00' 00" E for a distance of 983.58 feet to a point,
Thence, S 00° 00' 00" W for a distance of 367.83 feet to a point,
Thence, N 90° 00' 00" W for a distance of 28.36 feet to a point,
Thence, S 71° 35' 34" E for a distance of 553.87 feet to a point,
Thence, S 69° 34' 05" E for a distance of 484.67 feet to a point,
thence S 01° 13' 19" W a distance of 132.37 feet to the POINT OF BEGINNING;
containing 11.8808 acres.

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 territory shall be subjected to municipal taxes according to G.S. 160A-58.10.

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.

b. ANNEXATION PETITION 08-A-05
Property owner: Sears Farm LLC
Location: intersection of High House Road and Davis Drive
Acreage: 46.34 plus 5.73 acres of right-of-way
Zoning: Residential and General Commercial in a Planned Development District (GCP) in a Mixed Use Overlay District
Contiguous to Primary Corporate Limits: Yes
Existing Use: Residential Single-Family and Vacant
Proposed use: Commercial Development
Associated Development Plan: 08-SP-023 (Searstone Development)
Speaker: Mr. Wayne Nicholas
Proposed council action: council may take action (Approved)

Annexation Petition Number:   08-A-05
Property Address:   1601, 1651 High House Road; and other unaddressed property
Wake County Parcel Number: 0744638111, 0744525030, 0744623662
Real ID Number:   0110707, 0342712, 0068092
Petition Date:   5/2/2008
Proposed Effective Date:   6/26/2008

OWNERS:
Sears Farm LLC
1142 Executive Circle , Suite D
Cary, NC 27511-4570

LOCATION:   At the intersection of High House Road and Davis Drive

ZONING & PROPOSED USE:
Current Zoning:   Residential and General Commercial in a Planned Development District (GCP) in a Mixed Use Overlay District
Acreage:   46.34 plus 5.73 adjacent right of way = 52.07 total deeded acres
Contiguous to Primary Corporate Limits:   Yes
% Contiguity (excluding satellite town limits):   93.15%
Existing Use:    Residential Single-Family and Vacant
Proposed Use:   Commercial Development
Associated Rezoning Case:    None
Associated Development Plan:   08-SP-023 (Searstone Development)

UTILITIES:
Water:    On Site
Sewer:   On Site

DISTRICTS & TAX VALUE:
Fire District:   Morrisville
Voting District: D
Tax Value:    $9,693,394

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   5/29/2008
Staff Recommendation:   Forward to public hearing on 6/26/2008
Action:    Forwarded with an effective date of 6/26/2008

Town Council – Public Hearing:   6/26/2008
Staff Recommendation: adoption with an effective date of 6/26/2008

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

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

WHEREAS, on 5/2/2008 , the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Sears Farm LLC; Wake County Parcel Identification #’s: 0744638111, 0744525030, 0744623662; including 46.34 acres, plus 5.73 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 5/29/2008, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; 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 map (filed in the planning department), is hereby annexed to and made a part of the Town of Cary, effective on 6/26/2008 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 .

Wake County Parcel Identification #’s: 0744638111, 0744525030, 0744623662

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 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District D 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.

ACTION: Mr. Portman moved to approve both 08-A-04 and 08-A-05. Mr. Frantz provided the second.

Mrs. Robison asked if the land development ordinance addresses solar panel installations. Mr. Nicholas stated they are considered a private, minor utility, which is permitted in all zoning districts.

Mr. Weinbrecht pointed out that he and Mrs. Adcock are employed is SAS Institute but have no direct financial interest in this matter. He read a portion of the general statutes, which indicates they must vote. The town attorney concurred.

ACTION: Vote was called for on the motion, and council granted unanimous approval.

F. LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

a. ANNEXATION 07-A-30
Property owner: Prasada R. & Urmila P. Kodavanti and P&P Balaji Investments, Inc.
Location: 6905 Jenks Road; 711 Trelawney Lane
Acreage: 2.51 plus 0 adjacent right of way = 2.51 total deeded acres
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: No
Existing Use: Residential Single Family
Proposed use: Residential Single Family
Associated Rezoning Case: 08-REZ-01 (Kodavanti Property)
Speaker: Mrs. Debra Grannan
Proposed council action: council may take action (Approved)

Annexation Petition Number:   07-A-30
Property Addresses:   6905 Jenks Road; 711 Trelawney Lane
Wake County Parcel Numbers: 0733625063, 0733624001
Real ID Numbers:   0062882, 0035989
Petition Date:   1/18/2008
Proposed Effective Date:   6/26/2008

OWNERS:
Prasada R. & Urmila P. Kodavanti
162 Mockingbird Court
Apex, NC 27523-6367

LOCATION:   6905 Jenks Road; 711 Trelawney Lane

ZONING & PROPOSED USE:
Current Zoning:   Residential 40 Wake (R-40W)
Acreage:   2.51 plus 0 adjacent right of way = 2.51 total deeded acres
Contiguous to Primary Corporate Limits:   No
% Contiguity (excluding satellite town limits):   0%
Proposed Use:   Residential Single Family
Existing Use: Residential Single Family
Associated Rezoning Case:    08-REZ-01 (Kodavanti Property)
Associated Development Plan:   None

UTILITIES:
Water:    On Site
Sewer:   3,620 feet northeast

DISTRICTS & TAX VALUE:
Fire District:   Hipex
Voting District: A
Tax Value:    $482,766

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing: 3/27/2008
Staff Recommendation: Forward to public hearing on 4/24/2008
Action: Forwarded to public hearing on 4/24/2008

Town Council – Public Hearing: 4/24/2008
Staff Recommendation: Adoption with an effective date concurrent with associated rezoning case
Action: Public hearing opened and closed; Staff directed to add case to 6/26/2008 agenda for ordinance adoption

Town Council – Ordinance Adoption: 6/26/2008
Staff Recommendation: Adoption with an effective date of 6/26/2008

AN ORDINANCE ANNEXING LANDS NOT CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY, NORTH CAROLINA

WHEREAS, on 1/18/2008, the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:

Prasada R. & Urmila P. Kodavanti; P&P Balaji Investments, Inc.; Wake County Parcel Identification #’s: 0733625063, 0733624001; including 2.51 acres, plus 0 acres of adjacent right-of-way; which are Non Contiguous to the existing municipal limits of the Town of Cary; and

WHEREAS, on 3/27/2008 , the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

WHEREAS, on 3/27/2008, 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 4/24/2008, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and

WHEREAS, the Town Council hereby finds that the area described herein meets the standards of G.S. 160A-58.1(b), described as follows:

a. The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town.

b. No point on the proposed satellite corporate limits is closer to another municipality than to the Town.

c. The area described is so situated that the Town will be able to provide the same services within the proposed satellite corporate limits that it provides within the primary corporate limits.

d. No subdivision, as defined in G.S. 160A-376, will be split up by this proposed annexation.

f. The public health, safety, and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein;

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

METES AND BOUNDS DESCRIPTION
6905 Jenks Road – Metes and Bounds
BEGINNING at a point in H. B. Mann’s line and being N. C. Howell’s corner, said point being located 4.5 feet north of the center line of Jenks Road (paved), and runs thence with said Mann’s line North 86 degrees West 130 feet to a point in the North side ditch of said road, Barbara Scott Johnson’s new corner; thence a new line with said Johnson North 4 degrees 30 minutes East 225 feet to a stake, said Johnson’s new corner in Glender Council Scott’s Estate line; thence South 86 degrees East with said Estate line 130 feet to an iron stake in N. C. Howell’s line; thence with said Howell’s line South 4 degrees 30 minutes West 225 feet to the point of beginning, containing 67/100 of an acre, more or less, according to survey of E. C. Smith, R. L. S., November 25, 1958, This being the eastern part of that land described in a certain deed from J. C. Scott, Sr., and others to Barbara Scott Johnson and husband, dated April 16, 1958, recorded Book 1320, page 309, Wake County Registry.

BEGINNING AT A STAKE SET IN THE EASTERN RIGHT OF WAY OF TRELANNEY, SAID POINT MARKING THE NORTH WESTERN CORNER OF LOT 1A, SECTION 1, SCOTT FARM S/D, BOOK OF MAPS 1978, PAGE 797, WAKE COUNTY REGISTRY; THENCE S. 74 DEGREES 37’58” E. 194.12’ TO A STAKE; THENCE, S. 05 DEGREES 31’29” W. 110.84’, N. 84 DEGREES 13’28” W. 129.67’ AND S. 05 DEGREES 44’48” W. 139.16’ AND S. 04 DEGREES 20’ 45” TO A STAKE SET IN THE JENKS ROAD; THENCE N. 84 DEGREES 05’05”W. 170.00’ AND S. 66 DEGREES 11’50” W. 27.49’ TO A STAKE SET IN THE RIGHT OF WAY OF TRELANNEY LANE; THENCE, WITH SAID RIGHT OF WAY N. 05 DEGREES 55’ 10” E. 153.70’ TO A STAKE; THENCE, WITH THE CURVE OF SAID RIGHT OF WAY MEASURED AS FOLLOWS: RADIUS OF 195.59’ ARC OF 87.92’, DELTA OF 25 DEGREES 45’ 21”, CHORD OF 87.18’ AND CHORD BEARING OF N. 19 DEGREES 03’57” E; RADUIS OF 195.59’ ARC OF 60.36’ DELTA OF 17 DEGREES 40’53: CHORD OF 60.12’ AND CHORD BEARING OF N. 40 DEGREES 29’48” E.; RADIUS OF 218.58’, ARC OF 70.27’, DELTA OF 18 DEGREES 25’15”, CHORD OF 69.97’ AND CHORD BEARING OF N. 40 DEGREES 56’57” E. TO THE POINT OF BEGINNING, BEING 1.718 ACRES, ACCORDING TO A SURVEY OF M.M. WEEKS, FOR LAWRENCE S. WILL ET UX, DATED 8/28/95.

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 territory shall be subjected to municipal taxes according to G.S. 160A-58.10.

b. REZONING 08-REZ-01, Kodavanti Property
Location: 6905 Jenks Road and 711 Trelawney Lane
Current Zoning: Residential 40 Wake (R-40 W)
Proposed Zoning: Residential 40 (R-40)
Acreage: 2.51 ±
Speaker: Mrs. Debra Grannan and Ms. Kelly Commiskey
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: Voted 8-1 to recommend approval
Proposed council action: council may take action (and must first take action on the associated annexation – 07-A-30) (Approved)