Town of Cary
North Carolina

Annexation Resolution

18-A-11 Singh Development, LLC Annexation

Information

Department:Planning and Development ServicesSponsors:
Category:Annexation

Speaker: Desmond Corley, Planning

Executive Summary:  The owners of property located at unaddressed property on Evans Road (southwest quadrant of NW Cary Parkway and Evans Road intersection) have petitioned for annexation of the property.  Pursuant to statute, the Town Clerk has determined the petition to be sufficient, and Council must now consider whether to call for a public hearing on the request.

Associated Case(s):  None

Recommendation:  That Council adopt a resolution calling for a public hearing on 8/23/2018.

Body

The documents that Council will review at this meeting are attached.

 

Background:

 

Owners of property located outside of the corporate limits of the Town that desire to develop using Town utilities or that otherwise desire to be located in the corporate limits must first petition to be annexed, pursuant to the requirements of either NCGS Chapter 160A, Article 4, Part 1, when their property is contiguous to the corporate limits, or to NCGS Chapter 160A, Article 4, Part 4, when their property is not contiguous to the corporate limits.  In either case, if Council wishes to proceed with an annexation, Council must adopt a resolution calling for a public hearing on the matter. 

 

Once property is annexed, the property and its citizens become subject to all the laws, ordinances, and regulations of the Town and are entitled to receive the services the Town provides (fire and police protection; solid waste; utilities; etc).  If the annexed property is located in an area served by a rural fire department, the Town may also be required to assume a proportionate share of any debt related to equipment or facilities of the rural fire department.  If the property is located outside of the Town’s extraterritorial jurisdiction, the property owner must also submit a rezoning application in order to establish initial Town zoning designation upon annexation.       

  

Discussion:

 

The owners of the following property filed an annexation petition with the Town on 5/22/2018.             

 

 

Property Owner(s)

Address List

 

Property

Location

Parcel

Number

(10-digit)

 

Real Estate ID

 

Acreage

Singh Properties II, LLC

2601 Weston Parkway, Suite 203

Cary, NC 27513

unaddressed property on Evans Road

0755812817

0237411

19.00

 

Total Acres

19.00


VICINITY MAP

 


Click the map to see surrounding development activity.

This annexation is associated with a development plan (18-DP-0616) that proposes a residential project containing 212 multi-family dwelling units.  The subject site is located within the Silverton Planned Development District (PDD), and was previously rezoned (case 16-REZ-32) to allow for multi-family residential use.  The development plan is currently in the review process and, based on the provisions of the Land Development Ordinance (LDO), can be approved administratively by staff when it is determined that the plan meets all applicable requirements of the LDO.  In accordance with the LDO, the property must be annexed into the corporate limits before a development plan can be approved.

 

As required by statute, the Town Clerk has certified that the petition is valid.  The following information may be useful as Council decides whether to call for a public hearing on the requested annexation.   


ZONING & PROPOSED USE:
Current Zoning: PDD Major (Silverton PDD)  

Acreage:  19.00 plus 0 adjacent right of way = 19.00 total acres

Contiguous to Primary Corporate Limits:   Yes; 100% contiguous (excluding satellite town limits)

Existing Use:   Vacant

Proposed Use:   Multi-family Dwellings              
 

UTILITIES:

Water:    Adjacent to the site.             
Sewer:   Adjacent to the site.             

DISTRICTS & TAX VALUE:
Fire District:   Cary Suburban Fire District                           
Voting District:  B
Tax Value:   $3,040,020.               

 

If, after the public hearing, Town Council decides to proceed with the annexation, Council will consider adopting an ordinance substantially similar to the following:

 

 

DRAFT Ordinance

 

18-A-11 

Singh Properties II, LLC                                                                                         

 

 

AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES

OF THE TOWN OF CARY

 

              WHEREAS, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below in Section 1 (the “Annexation Area”); and

 

              WHEREAS, the Annexation Area is contiguous to existing Town limits; and

 

              WHEREAS, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

 

              WHEREAS, on 7/26/2018, 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 as required by law, which publication may have been on the Town of Cary website; and

 

              WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 8/23/2018, at which time the owner of the Annexation Area and all Town residents were allowed to be heard; and

 

              WHEREAS, the Town Council finds that 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 Annexation Area described below is hereby annexed to and made a part of the Town of Cary, effective on the date written below with a condition that the property owner connect to Town of Cary utilities based upon the Town’s policy(ies) in place on the effective date of this ordinance. 

 

ANNEXATION AREA:

Parcel Identification #0755812817

 

SINGH PROPERTIES II, LLC PORTION OF TRACT 2 ANNEXATION

 

Commencing at an existing Iron Pipe at the Northwest corner of the “Collins Property” as shown on BM. 1998 PG. 978 recorded among the Wake County Register of Deeds. Said Point also having an NC Grid Nad 83 Coordinate of N.751933.64 E.2057421.94; thence North 77°39'29" East a distance of 218.13 feet to the point of Beginning; Thence North 77°39'29" East a distance of 520.15 feet to a point; Thence North 85°49'08" East a distance of 654.36 feet to a point; Thence North 42°30'54" East a distance of 197.04 feet to a point on the Western Right of Way of Evans Road; Thence running with said Right of Way with a curve turning to the left with an arc length of 82.04 feet, with a radius of 1812.00 feet, with a chord bearing of South 50°17'33" East, with a chord length of 82.04 feet to a point; thence South 51°36'56" East a distance of 186.39 feet to a point; thence South 02°17'17" East a distance of 73.10 feet to a point along the Northern Right of Way of NW Cary Parkway; Thence running with said Right of Way South 41°07'53" West a distance of 73.70 feet to a point; thence with a curve turning to the right with an arc length of 838.17 feet, with a radius of 1746.24 feet, with a chord bearing of South 54°52'55" West, with a chord length of 830.15 feet  to a point; thence South 68°37'57" West a distance of 496.33 feet to a point; thence with a curve turning to the left with an arc length of 184.74 feet, with a radius of 2152.07 feet, with a chord bearing of South 66°10'24" West, with a chord length of 184.68 feet  to a point; Thence leaving said Right of way North 05°36'29" West a distance of 292.08 feet to an Iron Pipe; thence North 65°40'38" West a distance of 34.72 feet to a point; thence North 11°02'51" West a distance of 463.39 feet to the Point of Beginning,

Having an area of 19.00 acres

 

The Annexation Area also includes all intervening streets, street rights-of-way, creeks, rivers, rights-of-way of any railroad or other public service corporation, or lands owned by the State of North Carolina or any of its political subdivisions. 

 

              Section 2.  That from and after the effective date of this ordinance, the Annexation Area 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 Town. The Annexation Area 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 or Chatham County, whichever is applicable to the annexed property, and in the Office of the Secretary of State of North Carolina.

 

              Section 4.  Pursuant to G.S. 160A-22, the Town Clerk is directed to update the Official Town Map (“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.

 

              Section 5.  Pursuant to 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.  A copy of the Map shall be delivered to the Wake County Board of Elections or Chatham County Board of Elections, whichever is applicable to the annexed property, as required by G.S. 163-288.1.