Town of Cary
North Carolina

Annexation Ordinance

19-A-01 Alston Development Partners, LLC Annexation


Department:Planning and Development ServicesSponsors:

Speaker: Wayne Nicholas, Planning and Development Services


Executive Summary:  The owners of property located at 4917 NC 55 Highway and 2012 Alston Avenue (760 feet SE of NC 55 Highway and O'Kelly Chapel Road intersection) have petitioned for annexation of the property in connection with a development plan under review. Pursuant to statute, the Town Council must hold a public hearing before taking action on the request. 


Associated Case(s):  Development Plan 19-DP-0082 (Alston Avenue Townhomes)


RecommendationThat Council conduct a public hearing and consider action on the requested annexation.


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, Council must conduct a public hearing on the annexation request prior to taking action.  At the public hearing on a request for contiguous annexation, such as this, the owner may speak and allege that the petition contains an error, and any town resident may speak and question the necessity for the annexation.


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 January 9, 2019.





Property Owner(s)

Address List




Wake County Parcel



Wake County

Real Estate ID



Alston Development Partners, LLC

3708 Forestview Road, Suite 103

Raleigh, NC 27612

4917 NC 55 Highway




2012 Alston Avenue




Adjacent Right-of-Way


Total Acres



Click the map to see surrounding development activity.


This annexation is associated with development plan 19-DP-0082 (Alston Avenue Townhomes) which proposes to subdivide the property to allow for the development of 40 townhomes.  The site is part of the Alston Activity Center Concept Plan approved in March 2006, and is located within an area of the Plan that allows for townhome use.  The development plan is currently in the review process and, based on the number of proposed dwelling units and 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. On February 7, 2019, the Town Council adopted a Resolution calling for the public hearing to be held on March 14, 2019.


The following information may inform Council’s decisions on this matter.   

Current Zoning:  Office/Research and Development and Residential 40, within the Mixed Use Overlay District (Alston Activity Center Concept Plan)   

Acreage:   11.01 plus 0.77 adjacent right of way = 11.78 total acres

Contiguous to Primary Corporate LimitsYes; 25.3 % contiguous (excluding satellite town limits)
Existing Use:   Vacant and Detached Residential

Proposed Use:   Townhomes              
Active Associated Case(s):  Development Plan 19-DP-0082 (Alston Avenue Townhomes)             



Water:    Under construction on adjacent property to the north (associated with Development Plan 15-SP-053)             
Sewer:   Under construction on adjacent property to the north (associated with Development Plan 15-SP-053)             

Fire District:  Morrisville Fire District                           
Voting District:  A
Tax Value: $ 499,944              


The ordinance that Council will consider for adoption at this meeting is attached.