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 26, 2008; the minutes of the council work sessions held on June 18, 2008, June 20, 2008 and June 24, 2008. (Town Council)

 

ACTION: Mrs. Adcock moved to approve the consent agenda, except for item B.4.d., Minor Subdivision Exemptions and Fee Relief Decision (PL09-004). Mr. Frantz provided the second, and council granted unanimous approval.

 

_________________________

 

b.   Consideration of adoption of adoption of certificates of sufficiency and resolutions calling for public hearing on the following citizen-initiated annexations:

 

(1)  08-A-07
Property Owners:
Thomas Seymour; Hubert and Peggy Hatcher; Sidney and Rebecca Hatcher
Property Location:
4501 Cary Glen Boulevard
Acreage: 28.00 total deeded acres
Zoning: Residential 40 (R-40) within a Mixed Use Overlay District
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Associated Development Plan: 08-MU-003 (Villas @ Cary Park)
Proposed use: Residential Subdivision 
Speaker: Mr. Wayne Nicholas

 

Annexation Petition Number:   08-A-07
Property Address:   4501 Cary Glen Boulevard
Wake County Parcel Number:  0735035058
Real ID Number:   0029356
Petition Date:   6/13/2008             
Proposed Effective Date:  
11/20/2008

OWNERS:
Thomas E. Seymour, Executor of the Real Estate of Signey W. Seymour, Jr.
306 S. Salem Street
Apex, NC   27502 

Hubert & Peggy Hatcher c/o Thomas E. Seymour
306 S. Salem Street
Apex, NC 27502

Sidney & Rebecca Hatcher c/o Thomas E. Seymour
306 S. Salem Street
Apex, NC 27502

LOCATION:   790 feet south of the intersection of Carpenter Fire Station Road and Cary Glen Boulevard

ZONING & PROPOSED USE:
Current Zoning:  
Residential 40 (R-40)  within the Mixed Use Overlay District      
Acreage:  
28.00 total deeded acres
Contiguous to Primary Corporate Limits:  
Yes
% Contiguity (excluding satellite town limits):   73.69%          
Existing Use:
    Vacant
Proposed Use:   Residential Subdivision            
Associated Rezoning Case:   
None     
Associated Development Plan:  
08-MU-003 (Villas @ Cary Park)

UTILITIES:
Water:   
On Site    
Sewer:   On Site    

DISTRICTS & TAX VALUE:
Fire District:  
Morrisville                                              
Voting District: 
A
Tax Value:   
$3,341,000

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:  
7/24/2008
Staff Recommendation: Forward to public hearing on
8/28/2008

 

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

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

Thomas E. Seymour, Executor of the Real Estate of Signey W. Seymour, Jr.; Hubert & Peggy Hatcher c/o Thomas E. Seymour; Sidney & Rebecca Hatcher c/o Thomas E. Seymour; 

Wake County Parcel Identification #0735035058;

28.00 acres plus 0± acres of adjacent right-of-way;

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

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

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

This 7/24/2008

 

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

Thomas E. Seymour, Executor of the Real Estate of Signey W. Seymour, Jr.; Hubert & Peggy Hatcher c/o Thomas E. Seymour; Sidney & Rebecca Hatcher c/o Thomas E. Seymour;

Wake County Parcel Identification #0735035058;

28.00 acres plus 0± 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; and

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

            Section I.  A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 8/28/2008 at which time all residents and area owners in said territory and all residents of the Town of Cary will be given an opportunity to be heard. 

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

LEGAL DESCRIPTION
Wake County
Parcel Identification #0735035058

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

ADOPTED 7/24/2008

 

ACTION: Mrs. Adcock moved to approve the consent agenda, except for item B.4.d., Minor Subdivision Exemptions and Fee Relief Decision (PL09-004). Mr. Frantz provided the second, and council granted unanimous approval.

 

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

 

_________________________

 

(2)  08-A-08
Property Owners:
Adelangela Fumagalli
Property Location:
intersection of Green Level to Durham Road, Courtland View Lane, and Mills Park Road
Acreage:
12.85 total deeded acres
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Associated Development Plan: 08-REZ-09 (Fumagalli Subdivision)
Proposed use: Residential Subdivision
Speaker: Mr. Wayne Nicholas

 

Annexation Petition Number:   08-A-08
Property Addresses:   733 Green Level to Durham Road; and other unaddressed property
Wake
County Parcel Numbers:  0725802175; 0725802581
Real ID Numbers:   0021988; 0021987
Petition Date:   6/25/2008             
Proposed Effective Date:  
1/22/2009 *
(*denotes tentative date)


OWNER:
Adelangela Fumagalli
8428 Smith Road  
Apex, NC 27502

LOCATION:   At the intersection of Green Level to Durham Road, Courtland View Lane, and Mills Park Road

ZONING & PROPOSED USE
:
Current Zoning:  
Residential 40 (R-40) 
Acreage:  
12.85 total deeded acres
Contiguous to Primary Corporate Limits:  
Yes
% Contiguity (excluding satellite town limits):  
100%
Existing Use:
    Vacant  
Proposed Use:   Residential Subdivision            
Associated Rezoning Case:   
08-REZ-09 (Fumagalli Subdivision)           
Associated Development Plan:  
None

UTILITIES:
Water:   
On Site    
Sewer:   180 feet northwest                  

DISTRICTS & TAX VALUE:
Fire District:  
Morrisville                                              
Voting District: 
A
Tax Value:   
$1,572,000

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:  
7/24/2008
Staff Recommendation:     Forward to public hearing on
8/28/2008 

 

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

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

Adelangela Fumagalli;

Wake County Parcel Identification #'s: 0725802175; 0725802581;

12.85 acres plus 0± acres of adjacent right-of-way;

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

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

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

This  7/24/2008

 

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

Adelangela Fumagalli;
Wake County
Parcel Identification #'s:  0725802175; 0725802581;
12.85 acres plus 0
± 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; and

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

Section I.  A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 8/28/2008 at which time all residents and area owners in said territory and all residents of the Town of Cary will be given an opportunity to be heard.

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

LEGAL DESCRIPTION 
Wake
County Parcel Identification #'s:  0725802175; 0725802581
           
Section 3.  Notice of public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of
Cary, at least ten (10) days prior to the date of the public hearing.

ADOPTED  7/24/2008

 

ACTION: Mrs. Adcock moved to approve the consent agenda, except for item B.4.d., Minor Subdivision Exemptions and Fee Relief Decision (PL09-004). Mr. Frantz provided the second, and council granted unanimous approval.

 

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

 

_________________________

 

(3)  08-A-09
Property Owners:
Langston Family Limited Partnership
Property Location:
2,620 feet south of intersection of Ten Ten Road and West Lake Road
Acreage:
69.68 total deeded acres
Zoning: Residential 30 Wake (R-30W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant and Residential Single-Family
Associated Development Plan: 08-REZ-10 (West Lake Road)
Proposed use: Residential Subdivision
Speaker: Mr. Wayne Nicholas

 

Annexation Petition Number:   08-A-09
Property Addresses:   3915 West Lake Road; 5508 Ten Ten Road; and other unaddressed property
Wake
County Parcel Numbers:  0770217795; 0770317562 (portion); 0770426721 (portion)
Real ID Numbers:   0040541; 0055478 (portion); 0055479 (portion)
Petition Date:   6/24/2008             
Proposed Effective Date: 
11/20/2008

OWNERS:
Langston Family Ltd. Partnership
3909 West Lake Road  
Apex, NC  27539

 

Pansy P. Rhodes 
6113 Ten Ten Road 
Apex, NC 27502

 

W Floyd Pierce Heirs c/o Lewis Pierce
5600 Ten Ten Road  
Apex, NC 27539

 

LOCATION:   2,620 feet south of intersection of Ten Ten Road and West Lake Road

ZONING & PROPOSED USE:
Current Zoning:  
Residential 30 Wake (R-30W) 
Acreage:  
69.68 total deeded acres
Contiguous to Primary Corporate Limits:  
Yes  
% Contiguity (excluding satellite town limits):  7.3
%   
Existing Use:
    Vacant and Residential Single-Family
Proposed Use:   Residential Subdivision            
Associated Rezoning Case:   
08-REZ-10 (West Lake Road)      
Associated Development Plan:  
None

UTILITIES:
Water:   
On Site    
Sewer:   3,540 feet south                      

DISTRICTS & TAX VALUE:
Fire District:  
 Fairview                                                
Voting District: 
C
Tax Value:   
$3,578,082

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:  
7/24/2008
Staff Recommendation:     Forward to public hearing on
8/28/2008 

 

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

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 

Langston Family Ltd. Partnership; Pansy P. Rhodes; W Floyd Pierce Heirs c/o Lewis Pierce;

Wake County Parcel Identification #'s:  0770217795; 0770317562 (portion); 0770426721 (portion);

69.68 acres plus 0± acres of adjacent right-of-way;

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

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

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

This 7/24/2008

 

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

Langston Family Ltd. Partnership; Pansy P. Rhodes; W Floyd Pierce Heirs c/o Lewis Pierce;

Wake County Parcel Identification #'s:  0770217795; 0770317562 (portion); 0770426721 (portion);

69.68 acres plus 0± 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; and

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

Section I.  A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 8/28/2008 at which time all residents and area owners in said territory and all residents of the Town of Cary will be given an opportunity to be heard. 

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

LEGAL DESCRIPTION 
Wake County
Parcel Identification #'s:  0770217795; 0770317562 (portion); 0770426721 (portion)

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

ADOPTED  7/24/2008.

 

ACTION: Mrs. Adcock moved to approve the consent agenda, except for item B.4.d., Minor Subdivision Exemptions and Fee Relief Decision (PL09-004). Mr. Frantz provided the second, and council granted unanimous approval.

 

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

 

_________________________