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DRAFT (contact the town clerk at (919) 469-4011 for official minutes)
Cary Town Council Minutes Thursday, September 25, 2008 6:30 p.m.
Council Chambers
Click on the links within this document to access full text minutes.
Present: Mayor Harold Weinbrecht, Mayor Pro Tem Julie Robison, Council Members Gale Adcock, Don Frantz, Ervin Portman, Jennifer Robinson and 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)
The mayor announced that Wake County Commissioner Brown could not attend this meeting, and he suggested removing item C.3., Wake County Affordable Housing Report, from this agenda.
ACTION: Mrs. Robinson moved to adopt the agenda, including removing item C.3. Mrs. Robison provided the second, and council granted unanimous approval.
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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, 2008; the minutes of the work session held on September 9, 2009 regarding boards/commissions process. (Approved)
ACTION: Mrs. Robison moved to approve the consent agenda. Mr. Frantz provided the second, and council granted unanimous approval.
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b. Consideration of approval of the September 2008 tax report. (Approved)
The Wake County Board of Commissioners, in regular session on September 2, 2008, approved and accepted the enclosed tax report for the Town of Cary.
It is hereby submitted for your approval.
ACTION: Mrs. Robison moved to approve the consent agenda. Mr. Frantz provided the second, and council granted unanimous approval.
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c. Consideration of designating Mrs. Robison as the regular voting delegate and Mrs. Adcock as the alternate voting delegate for the North Carolina League of Municipalities Annual Business Meeting. (Approved)
ACTION: Mrs. Robison moved to approve the consent agenda. Mr. Frantz provided the second, and council granted unanimous approval.
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d. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexation petitions:
(1)
ANNEXATION PETITION 08-A-12 Annexation
Petition Number: 08-A-12
LOCATION:
1,760 feet south of Reedy
Creek Road and N. Harrison Avenue intersection UTILITIES:
MEETINGS: 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 Kera Gardens LLC; Wake County Parcel Identification #0765609209; 8.00 acres plus 0.00± 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 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 9/25/2008. RESOLUTION
ORDERING PUBLICATION OF A NOTICE OF Kera Gardens
LLC; 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 10/30/2008
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. LEGAL
DESCRIPTION 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. ACTION: Mrs. Robison moved to approve the consent agenda. Mr. Frantz provided the second, and council granted unanimous approval.
(Resolution is also on file in the town clerk’s office.)
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(2)
ANNEXATION PETITION 08-A-13 Annexation
Petition Number: 08-A-13
OWNER(S): River Birch
Management, LLC UTILITIES:
MEETINGS: The documents that Council will consider for adoption at this meeting follow: 08-A-13 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
White
Oak Baptist Church; River Birch Management, LLC; 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 9/25/2008. 08-A-13 RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-58 WHEREAS, the Town Council of the Town of Cary has received an annexation petition of
White
Oak Baptist Church; River Birch Management, LLC; requesting the annexation of certain lands not 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 10/30/2008 Section 2. The area proposed for annexation is described as follows: LEGAL
DESCRIPTION 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 9/25/2008. ACTION: Mrs. Robison moved to approve the consent agenda. Mr. Frantz 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)
N/A
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3. Planning and Development Committee, September 18, 2008 (click on this link for full text minutes of the planning and development committee consent agenda portion)
a.
Yates Store Road Renaming
(IP09-001)
STAFF REPORT Planning and
Development Committee, September 18 From:
Scott Fogleman, Inspections and Permits Main Departmental Contact
The approved Weldon Ridge subdivision plan included a realignment and extension of a portion of Yates Store Road. A portion of the right of way for the existing road was abandoned. However, there is still a section of road between Green Level Church Road and Alden Bridge Drive that has a duplicate road name. To ensure public safety, duplicate road names are avoided and new names are assigned when reconfiguration causes physical separation of street segments. The reconfiguration of Yates Store Road and the segment of Yates Store Road that is abandoned causes the “old” segment of Yates Store Road between Green Level Church Road and Alden Bridge Drive to have duplicate street names.
Town policy requires Town Council to authorize road name changes for public roads that are recorded. Cases that are controversial or cause citizen opposition require a public hearing. All five property owners along the portion of roadway proposed to change from Yates Store Road to Weldon Ridge Boulevard were mailed notification of the pending change on July 10, 2008. Staff has not been notified of any opposition to this change. The Town of Cary’s emergency service providers have agreed that this change will help ensure efficient service delivery.
Fiscal Impact: The developer has agreed to fulfill the cost associated with map recordation and sign replacement.
Staff Recommendation: Staff recommends that Council approve the name change of the 800 to 1100 block range of Yates Store Road, the segment between Green Level Church Road and Alden Bridge Drive, from Yates Store Road to Weldon Ridge Boulevard.
ACTION: Mrs. Robison moved to approve the consent agenda. Mr. Frantz provided the second, and council granted unanimous approval.
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b.
Designation of Historic
Landmarks (PL09-011)
STAFF REPORT Planning and
Development Committee, September 18, 2008 Speaker: Ms. Anna Readling
From: Jeff Ulma,
AICP, Planning Director
Summary: With the support of the property owners, the Wake County Historic Preservation Commission (WCHPC) voted at their meeting on August 12, 2008 to recommend to the Town of Cary that the Guess-White-Ogle House and the John Pullen Hunter House, both located on Academy Street in downtown Cary, be designated as Cary Historic Landmarks. The WCHPC also received written comments concerning the applications for both properties from the North Carolina Department of Cultural Resources. These comments are attached to and incorporated herein as Exhibit. The WCHPC has forwarded the Town their recommendations, the comments from the Department of Cultural Resources, and draft ordinances designating each property as a Historic Landmark.
Draft ordinances follow:
ORDINANCE NUMBER: _________ DESIGNATING THE gUESS-WHITE-OGLE hOUSE IN THE PLANNING JURISDICTION OF Cary, NORTH CAROLINA A HISTORIC LANDMARK
WHEREAS, the General Assembly of the State of North Carolina authorized the creation of a countywide Historic Preservation Commission for Wake County and otherwise provided for the preservation of certain historic sites and buildings by the passage of Part 3C, Chapter 160A, Article 19 of the North Carolina General Statutes; and
WHEREAS, the Wake County Historic Preservation Commission has made an investigation and recommended the following property be designated an historic landmark; and
WHEREAS, the North Carolina Department of Cultural Resources has made an analysis that the following property is eligible to be designated a historic landmark; and
WHEREAS, on the 30th day of October, 2008, a public hearing was held in the Council Chambers at 316 N. Academy St., Cary, by the Cary Town Council to determine whether the hereinafter described property should be designated a historic landmark; and
WHEREAS, all requirements of Part 3C, Chapter 160A, Article 19 of the North Carolina General Statutes, preceding the adoption of this ordinance, have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE CARY TOWN COUNCIL:
Section 1. The property designated as Guess-White-Ogle House, owned by Carroll and Sheila Hale Ogle, in Cary, North Carolina, be and is declared a Cary Historic Landmark. Said property being more particularly described as follows:
Guess-White-Ogle House, 215 S. Academy Street, Cary, NC, 27511, (Wake County PIN # 0764-50-0982).
Section 2. Those elements that are integral to its historical, architectural, archaeological significance or any combination thereof are as follows:
All exterior design elements including form, features and materials of the dwelling. The designated landmark boundary includes .57 acres that make up the setting of the house and outbuildings.
Section 3. No building, site, structure, or object that is designated in this ordinance located on the hereinbefore described site may be altered, restored, moved, remodeled, or reconstructed so that a change in design, material, or outer appearance occurs unless and until a certificate of appropriateness is obtained from the Wake County Historic Preservation Commission or its successors
Section 4. No building, site, structure, or object that is designated in this ordinance located on the hereinbefore described site may be demolished unless and until either approval of demolition is obtained from the Wake County Historic Preservation Commission or a period of three hundred sixty-five (365) days has elapsed following final review by the Wake County Historic Preservation Commission of a request for demolition (or any longer period required by N.C.G.S. 1 60A-400. 14 as it may be amended hereafter).
Section 5. All owners of the property hereinabove described, whose identity and addresses can be ascertained by the exercise of due diligence, shall be sent by certified mail a copy of this ordinance.
Section 6. This ordinance shall be indexed after the property owner's name in the grantor and grantee indexes in the Office of the Register of Deeds of Wake County.
Section 7. Wake County and the Wake County Historic Preservation Commission are hereby authorized to have erected an appropriate sign on the site herein described setting forth the fact that said site has been designated a historic landmark by action of the Cary Town Council and the Wake County Historic Preservation Commission.
Section 8. In the event any building, site, structure, or object is demolished in accordance with the ordinances of the Town of Cary, this ordinance may be repealed.
Section 9. Any violation of this ordinance shall be unlawful as by law provided.
On the motion of Council Member_________________, the above ordinance was adopted.
On the second of Council Member_________________, and upon vote, the motion carried this the ____ day of _______________, 2008.
ORDINANCE NUMBER: _________ DESIGNATING THE Dr. John Pullen Hunter hOUSE IN THE PLANNING JURISDICTION OF Cary, NORTH CAROLINA A HISTORIC LANDMARK
WHEREAS, the General Assembly of the State of North Carolina authorized the creation of a countywide Historic Preservation Commission for Wake County and otherwise provided for the preservation of certain historic sites and buildings by the passage of Part 3C, Chapter 160A, Article 19 of the North Carolina General Statutes; and
WHEREAS, the Wake County Historic Preservation Commission has made an investigation and recommended the following property be designated an historic landmark; and
WHEREAS, the North Carolina Department of Cultural Resources has made an analysis that the following property is eligible to be designated a historic landmark; and
WHEREAS, on the 30th day of October, 2008, a public hearing was held in the Council Chambers at 316 N. Academy St., Cary, by the Cary Town Council to determine whether the hereinafter described property should be designated a historic landmark; and
WHEREAS, all requirements of Part 3C, Chapter 160A, Article 19 of the North Carolina General Statutes, preceding the adoption of this ordinance, have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE CARY TOWN COUNCIL:
Section 1. The property designated as John Pullen Hunter House, owned by John Mitchell, in Cary, North Carolina, be and is declared a Cary Historic Landmark. Said property being more particularly described as follows:
John Pullen Hunter House, 311 S. Academy Street, Cary, NC, 27511, (Wake County PIN # 0764-40-9493).
Section 2. Those elements that are integral to its historical, architectural, archaeological significance or any combination thereof are as follows:
All exterior design elements including form, features and materials of the dwelling and the chicken coop. The designated landmark boundary includes .43 acres that make up the setting of the house and chicken coop.
Section 3. No building, site, structure, or object that is designated in this ordinance located on the hereinbefore described site may be altered, restored, moved, remodeled, or reconstructed so that a change in design, material, or outer appearance occurs unless and until a certificate of appropriateness is obtained from the Wake County Historic Preservation Commission or its successors
Section 4. No building, site, structure, or object that is designated in this ordinance located on the hereinbefore described site may be demolished unless and until either approval of demolition is obtained from the Wake County Historic Preservation Commission or a period of three hundred sixty-five (365) days has elapsed following final review by the Wake County Historic Preservation Commission of a request for demolition (or any longer period required by N.C.G.S. 1 60A-400. 14 as it may be amended hereafter).
Section 5. All owners of the property hereinabove described, whose identity and addresses can be ascertained by the exercise of due diligence, shall be sent by certified mail a copy of this ordinance.
Section 6. This ordinance shall be indexed after the property owner's name in the grantor and grantee indexes in the Office of the Register of Deeds of Wake County.
Section 7. Wake County and the Wake County Historic Preservation Commission are hereby authorized to have erected an appropriate sign on the site herein described setting forth the fact that said site has been designated a historic landmark by action of the Cary Town Council and the Wake County Historic Preservation Commission.
Section 8. In the event any building, site, structure, or object is demolished in accordance with the ordinances of the Town of Cary, this ordinance may be repealed.
Section 9. Any violation of this ordinance shall be unlawful as by law provided.
On the motion of Council Member _________________, the above ordinance was adopted.
On the second of Council Member_________________, and upon vote, the motion carried this the _30th___ day of _October_, 2008.
As outlined in G.S. 160A-400.6, the next step in the process is for the governing body, Cary Town Council, to hold public hearings for each of the proposed ordinances. In consultation with WCHPC representatives, staff recommends that Council schedule the required public hearings for the regular Town Council meeting on October 30, 2008.
Following the required public hearings, the Town Council shall take into consideration the designation applications, the WCHPC’s recommendations, the Department of Cultural Resource’s comments and the comments made at the public hearing. Then, for each property, Council shall vote to adopt the ordinance as proposed, adopt the ordinance with amendments or reject the ordinance.
What Does Landmark Designation Mean? Landmark designation means the community recognizes a property as an important historic resource worthy of preservation. Any substantial exterior design changes to a designated landmark are subject to design review procedures of the Wake County Historic Preservation Commission. The owner may apply for an annual deferral of fifty percent of the property taxes for as long as the property is designated and retains significance and integrity.
Fiscal Impact: There is no direct cost associated with this request for public hearings. If the Town ultimately approves these properties as Cary Historic Landmarks, the property owners may apply for a fifty percent property tax deferral, which would reduce the taxes collected from these properties.
Staff Recommendation: Staff recommends that two public hearings be held at the Town Council’s regular meeting on October 30, 2008: 1) A public hearing to consider an ordinance to designate the Guess-White-Ogle House as a Cary Historic Landmark, and 2) a public hearing to consider an ordinance to designate the John Pullen Hunter House as a Cary Historic Landmark. Representatives for the Wake County Historic Preservation Commission will attend the public hearings to make a presentation and answer questions.
ACTION: Mrs. Robison moved to approve the consent agenda. Mr. Frantz provided the second, and council granted unanimous approval.
(Note: Council’s approval of this item calls for a public hearing to be conducted on October 30, 2008.) _________________________
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS 1. Recognition of Parks, Recreation and Cultural Resources Advisory Board Member Kay Struffolino as the recipient of the North Carolina Recreational and Park Association’s Raburn “Rip” Jackson Award. (Recognized) Mrs. Robinson recognized Kay Stuffolino.
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2. Consideration of adoption of a resolution naming the media center at the Cary Senior Center the “A. Marie Kappen Media Center”. (Approved)
NAMING THE CARY SENIOR CENTER MEDIA
CENTER THE
WHEREAS, Agnes Marie Kappen was born on January 24, 1919 to Frederick and Catherine Kappen in Buffalo, New York, where she and her four brothers spent their childhood years. Marie graduated from D’Youngville College in Buffalo with a “classical diploma” in 1940. Displaying leadership qualities in the workplace at a young age, Marie quickly rose in ranks to the position of director of female personnel with National Aniline, a position historically held by men. After a few years Marie moved on to Western Electric in Buffalo, a company she faithfully served for more than 30 years. WHEREAS, after retiring in 1977, Marie set out on a cross-country adventure. During an overnight stay in North Carolina’s capitol city, a hotel desk clerk made a suggestion that Marie might like to visit the small town of Cary – a suggestion that ultimately would lead to the next chapter in Marie’s life. After several visits to Cary over the next few years, Marie decided she liked the warmer weather and the Cary hospitality, so she packed her belongings and established her new home in Cary, North Carolina. WHEREAS, on one fateful day Marie set out for a bridge class at St. Michael’s Catholic Church. By chance she wandered into the wrong room and found herself in the midst of a discussion with the Cary Ministerial Alliance about the need for a senior center. Marie’s enthusiasm and passion for this facility became contagious. She ultimately became the president of Cary Senior Center, Inc., a non-profit group formed to see this dream become a reality. After Marie and other volunteers spent countless hours writing grants, fundraising, and conducting meetings with elected officials and staff, the Cary Senior Center officially opened on December 5, 2000. WHEREAS, Marie’s community activism did not stop after the opening of the senior center. She actively lobbied the council for a transportation program to serve the senior and disabled population – a program we refer to today as C-Tran. She was also active in the creation of a memorial garden at the senior center. Additionally, she helped create the vision for the senior center’s media center. In addition to providing books, movies, and music for patrons, the media center also hosts the SeniorNet computer lab, a program completely run by senior citizen volunteers who teach computer skills to other seniors in the community. Today, Marie would be pleased with the results of her hard work and vision. From July 1, 2007 through June 30, 2008, the senior center has served 20,982 individuals and offered 735 programs totaling 4,785 program hours. During that same time period, senior citizen volunteers offered 91 computer lab classes to 592 students. Since the inception of SeniorNet in February 2001, a total of 3,290 older adults have participated in volunteer-led computer classes. NOW, THEREFORE, it is with great honor that the Cary Town Council formally acknowledges Marie’s contributions to the Cary senior citizen population by naming the senior center media center the “A. Marie Kappen Media Center”. Marie’s legacy is memorialized so that all current and future citizens in the Town of Cary will understand the volunteer effort sparked and led by this remarkable woman to ensure a high quality of life for the senior population. Marie is an example to all of us that one person can and does make a difference. RESOLVED this 25th day of September, 2008.
ACTION: Mrs. Robinson moved to adopt the resolution; Mrs. Robison provided the second; council granted unanimous approval.
Mrs. Robinson presented the resolution to Mr. Bill Hennis and Olene Ogles of the Friends of the Cary Senior Center, Inc.
(Resolution is also on file in the town clerk’s office.)
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This item was removed from this agenda and will be placed on a future agenda.
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D. PUBLIC SPEAKS OUT
Mr. Joe Cuilla stated he supports redistricting if it makes sense after the 2009 election or the next decennial census. He does not support it at this time.
Mr. Larry Ballas is concerned that the sw area plan is becoming more dense, which will have a long-term impact on the lake. He stated all parties compromised to come up with this plan to save the lake.
Mr. Graham Bolton, a student at Green Hope High School, would like an expression wall on the greenway tunnel at High House Road and NC 55.
Mr. Don Hyatt supported Mr. Bolton’s comments about the expression wall. In regards to redistricting, he stated it should have happened prior to the last municipal election, and the districts have become more out-of-balance since that time. He stated some voters may have to wait six years before voting on a district representative, but others will have the opportunity to vote in two consecutive district races. He encouraged the council to treat staff’s facts with respect.
Mr. Robert Bush expressed a personal objection in to the comprehensive transportation plan superseding all other plans with a transportation element. He is concerned that it does not take into account other parks, recreational and cultural resources plans, especially the master plan. He stated the greenway plan component in the transportation plan is only briefly mentioned and does not address locations for multi-use paths along roadways or greenway crossing issues.
Ms. Linda Jacobs urged the council not to destroy the economic viability of the families in Green Level. She stated the development that has occurred under the southwest plan has been done well.
Ms. Cindy Sinkez stated the real issue with redistricting is timing. She stated some people may not be able to run for office if they are removed from a particular district. She urged council to wait and do this after the decennial census.
Mr. David Kryak spoke about the Walnut Street corridor issue on tonight’s agenda. He questioned the impact on air quality and quality of life with reducing the barrier and adding additional vehicular starts and stops.
Mr. Karl Thor addressed some of the town manager’s recent comments on redistricting. He stated some people will lose their right to vote for a district representative in the 2009 election. He stated gerrymandering could occur, as there is flexibility in the precincts that stay and those that are moved to another district. He stated it could help the current district representative to remove the people from A who supported the current mayor. He suggested that any council member up for office in 2009 should recuse themselves from this issue. He stated redistricting should have been done prior to the last election. He urged council to determine a firm date after the 2009 election to consider redistricting or wait until the decennial census.
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E. PUBLIC HEARINGS 1. Park at West Lake Subdivision Development:
a.
ANNEXATION PETITION 08-A-10 Annexation
Petition Number: 08-A-10
Petition Date: 7/10/2008
OWNER(S):
LOCATION:
Park @ West Lake
Subdivision-south of Optimist Farm Road, west of West Lake Road, and
northwest of the South Cary Water Reclamation Facility UTILITIES:
MEETINGS: Staff Recommendation: Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated 08-REZ-11 Action: Public hearing opened and closed; Staff directed to add case to 11/20/2008 agenda for ordinance adoption Town Council
– Ordinance Adoption:
11/20/2008
The document that Council will consider for adoption at a future meeting follows: 08-A-10 AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY WHEREAS, on 7/10/2008, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below: L & L of Raleigh, Inc.; Wake County Parcel Identification #’s: 0669934912, 0669934907, 0669943082, 0669943077, 0669943152, 0669943137, 0669943213, 0669943219, 0669943335, 0669943463, 0669935856, 0669945042, 0669945170, 0669945137, 0669936815, 0669936864, 0669946012, 0669946072, 0669937813, 0669937872, 0669938822, 0669938872, 0669939832, 0669939893, 0679030844, 0679031806, 0679031876, 0679032824, 0679042023, 0679041064, 0679041003, 0679040052, 0669949091, 0669949040, 0669938999, 0669938948, 0669937988, 0669947020; including 6.14 acres, plus 1.84 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and WHEREAS, on 8/28/2008, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and WHEREAS, on
8/28/2008, 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 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 (which is on file in the Planning Department), is hereby annexed to and made a part of the Town of Cary, effective on 11/20/2008 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. LEGAL
DESCRIPTION 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 11/20/2008.
b.
REZONING 08-REZ-11, Park at West
Lake Subdivision Request
The applicant is requesting approval of an Ordinance to amend the official zoning map to apply initial zoning of Transitional Residential (TR) to approximately 6.14 acres in The Park at West Lake Subdivision. The subject property contains 38 single-family residential lots comprising Phases 3 and 4 of West Lake Commons. The property is currently in Wake County’s planning jurisdiction and is zoned Wake County Residential 30 (R-30W). It is located in the southeasternmost portion of Cary’s planning area, south of Optimist Farm Road, west of West Lake Road, and northwest of the South Cary Water Reclamation Facility. The parcels are located along Bedford Ridge Drive and Graymoss Lane, between Serene Forest Drive and Dayton Ridge Drive.
In 2002 the Cary Town Council approved the approach of developing the 353 acre parent parcel under Wake County Zoning, with the understanding that the property would eventually be annexed into Cary and supplied with Town utilities. This parent parcel was approved as The Park at Westlake Subdivision by Wake County as a Residential 30 cluster subdivision. Wake County accepted courtesy review from the Town of Cary to ensure that the subdivision would be consistent with Cary utility standards upon future annexation. There is an annexation petition, 08-A-10, associated with this request.
Final subdivision plats creating the 38 single-family lots included in this request were recorded on September 4, 2007. The applicant has requested annexation and rezoning at this time so that the existing single–family lots can be sold, developed, and served with public utilities. The Cary zoning district to which the existing lots most closely conform is the Transitional Residential (TR) Zoning District.
Background Information
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 its cluster option, and is therefore consistent with the Land Use Plan.
B. Growth
Management Plan: 1. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development. 2. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.
C. Affordable
Housing Plan: 1. Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges. 2. Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning 80% of area median income. 3. Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons. 4. Facilitate the affordable housing activities of other entities within the Town of Cary, including construction of affordable housing units, homeownership training, and marketing of assistance programs. 5. Encourage the location of high density housing within walking and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, through "mixed use" developments, residences created on the upper floors of nonresidential downtown buildings, and other creative strategies. 6. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.
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