Cary Town Council Action Agenda

Thursday, January 24, 2008

6:30 p.m.

Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: 
www.townofcary.org

 

A.  COMMENCEMENT

 

1.  Call to Order (Provided)

 

2.  Ceremonial Opening (Provided)

 

3.  Adoption of agenda (Approved with the addition to the consent agenda to move planning and zoning board chair Chris Brooks from an ETJ board member to a regular board member with a term expiration date of 2/29/2008)

 

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 January 10, 2008; and the work session minutes pertaining to aquatics held on January 8, 2008. (Approved)

 

b.   Consideration of an amendment to the adopted 2008 Town of Cary Official Meetings Schedule. (Approved)

 

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

 

(1)  ANNEXATION PETITION 07-A-27 (Approved)
Property owner: Nordy Holdings, LLC
Location: 680 feet north of I-540, Aviation Parkway, and Pleasant Grove Church Road
Acreage: 30.34 plus 58.95 adjacent right of way = 89.29 total deeded acres
Zoning: Office, Research & Development (ORD)
Contiguous to Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Office building complex
Associated Development: 07-SP-109 (Pleasant Grove Business Park) 

 

(2)  ANNEXATION PETITION 07-A-31 (Approved)
Property owner: L and L of Raleigh, Inc.
Location: Park at West Lake, 2,620 feet west of intersection of West Lake Road and Serene Forest Drive
Acreage: 6.92 plus 3.82 adjacent right of way = 10.74 total deeded acres
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Residential Subdivision
Associated Development: 07-REZ-38 (Park at West Lake)

d.   Consideration of a request to move planning and zoning board chair Chris Brooks from an ETJ board member to a regular in-town board member with a term expiration date of 2/29/2008. (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)

 

N/A

 

3.   Planning and Development Committee, January 17, 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.   Public Art for Bartley Community Park (PR08-17) (Approved)
Committee unanimously recommended commissioning Vollis Simpson and William Moore to implement their designs for artwork for the
Bartley Community Park within the $40,000 budget.

 

b.   Goals and Funding for Land Banking Program (AD08-005a) (Pulled from consent for discussion)
Committee unanimously recommended approval of the proposed goals and related program aspects as outlined in the attached staff report.
  Committee further recommended a
pproval of the following actions that will effectively authorize moving forward with a $23 million land banking program immediately:

 

(1)  Use of the $3 million of school capacity fees to be paid to the Wake County Public School System (WCPSS) to assist with the purchase of one or more school sites to be located within the western portion of the corporate limits of the Town of Cary, to be paid to the WCPSS once specific property(ies) have been identified and approved by the Wake County School Board for purchase.

 

(2)  Funding of a new $20 million Town of Cary capital project entitled “Land Banking” to be funded as follows with initial targets for total funding of $23 million to include assistance with school sites identified by Wake funding to:

 

·     $5 million of general fund fund balance to assist with land purchases to include the following types of public service uses:  schools, post office, open space, fire station, and other Town of Cary land related needs of the future such as parks, greenways, community centers, and other citizen service locations

·     $5 million of utility fund fund balance for the purchase of additional open space to help protect water quality

·     $10 million of asset backed debt.  The debt service for this borrowing will be approximately $1 million during the first year and will decline gradually over the payment term of twenty years.  It is expected that the first year of debt service will occur in FY 2009 and would be paid from the general fund.  This $10 million in funding would be the last funding out of the $20 million utilized so that the timing of the debt service would be delayed as long as possible.

 

Initial targets for this total of $23 million in funding will include assistance with school sites identified by the WCPSS, key open space parcels, and the future location of a post office.  Committee further recommended approval that an appropriation be made at this time to allow staff to move forward with a land banking program as soon as possible.

 

(3)  Committee further recommended that the public be invited to provide feedback on this program, and on any specific concerns or considerations, through the previously scheduled dedicated public hearings at each Council meeting in February as part of the annual budget process or by providing feedback through email at budget.input@townofcary.org during the month of February.

 

c.   Consideration of Waivers and Financial Contributions for the Wake County Public School System (EN08-064) (Approved)
Committee unanimously recommended that the request for Town funding be tabled indefinitely and asked that staff continue to meet with representatives of Wake County to seek a balanced and equitable partnership in the funding in connection with Comprehensive Transportation Plan Improvements, Adequate Public Facilities for Roads Improvements and PDD Requirements roadway improvements for the proposed elementary school located on Alston Avenue in northwest Cary.

 

d.   Waiver Requests – Gateway Preston Bank (EN08-071) (Approved)
Committee unanimously recommended granting a waiver for the 200-foot northbound right turn lane at the intersection of Cary Parkway and High House Road , but that the granting of this waiver should not set a precedent for future decisions.  Committee further recommended the denial of a waiver request for construction of a central median along High House Road at its intersection with Loop Road which would prohibit northbound and southbound through and left turning movements, and encouraged the applicant to work with the affected property owners to implement the identified mitigation.

 

e.   Evaluation of Corridor Transition Zoning District (Walnut Street) (PL08-021) (Pulled from consent for discussion)
Committee unanimously recommended examination of ordinance standards and development requirements for properties in the Walnut Street Corridor that are zoned Corridor Transition by an ad hoc committee and that staff be directed to initiate public input sessions, followed, if necessary, by preparation of proposed ordinance amendments for consideration.

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

N/A

 

D.   PUBLIC HEARINGS

 

1.   Development Fees
Purpose:
Public hearing to consider the following potential changes to development fees: 
1) Increasing water development fees by 43 percent
2) Increasing the irrigation meter fee from $374 to $1,548
3) Increasing sewer development fees by 75 percent
Speaker: Mr. Scott Fogleman
Proposed Council Action: council may take action (Tabled until 2/14/08 council meeting)

2.   White Oak Creek Project at Green Level West Road

a.   ANNEXATION PETITION 07-A-02
Property owner: Town of Cary
Location: 3109 Green Level West Road and other unaddressed properties
Acreage: 74.34 plus 24.64 acres of right-of-way
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Open Space Conservation; Sewer Line; and Greenway Trail
Associated Development:
White Oak Creek Project at Green Level West Road (07-REZ-31)
Speaker: Mr. Wayne Nicholas
Proposed Council Action: no action required; it will come back to council when the rezoning is ready for final vote
(no action required)

b.   REZONING 07-REZ-31
Location: 2900 Block of Green Level West Road
Current Zoning: Residential 40 Wake (R-40W)
Requested Zoning: Resources/Recreation (RR)
Acreage: 74.34 ±
Speaker: Mrs. Debra Grannan
Proposed Council Action: Refer to the
February 18, 2008 Planning and Zoning Board meeting (referred to 2/18/08 P&Z meeting)

3.   White Oak Creek Project at Green Level Church Road

a.   ANNEXATION PETITION 07-A-03
Property owner: Town of Cary
Location: Intersection of Green Level West Road and Green Level Church Road
Acreage: 50.20
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: No
Existing Use: Vacant
Proposed use: Open Space Conservation; Sewer Line; and Greenway Trail
Associated Development:
White Oak Creek Project at Green Level Church Road (07-REZ-32)
Speaker: Mr. Wayne Nicholas
Proposed Council Action: no action required; it will come back to council when the rezoning is ready for final vote
(no action required)

b.   REZONING 07-REZ-32
Location: Southeast corner of Green Level Church Road and Green Level West Road
Current Zoning: Residential 40 Wake (R-40W)
Requested Zoning: Resources/Recreation (RR)
Acreage: 50.20 ±
Speaker: Mrs. Debra Grannan
Proposed Council Action: Refer to the
February 18, 2008 Planning and Zoning Board meeting (referred to 2/18/08 P&Z meeting)

4.   ANNEXATION PUBLIC HEARINGS:

a.   ANNEXATION PETITION 07-A-28
Property owners: High House Davis LLC Kathy Odum Trustee ETAL (F/B/O Abby E. Drum)
Location: 2420, 2424, 2416, 2412, 2422 Davis Drive; 1720 High House Road
Acreage: 41.84 plus 3.57 acres of right-of-way
Zoning: Residential 40 (R-40)
Contiguous to Corporate Limits: Yes
Existing Uses: Vacant and Residential
Proposed use: Mixed Use Development in a Mixed Use Overlay District
Associated Development:
07-SP-114 (Park Place)
Proposed Council Action: Council may take action (Approved)

b.   ANNEXATION PETITION 07-A-29
Property owner: Interface Cary, LLC
Location: 4405 NC Highway 55
Acreage: 3.96 plus 0.23 acres of right-of-way
Zoning: Residential 40 (R-40)
Contiguous to Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Retail in a Mixed Use Overlay District
Associated Development: 07-SP-100 (Panther Creek Commons)
Proposed Council Action: Council may take action (Approved)

E.   PUBLIC SPEAKS OUT (see official minutes)

 

 

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)

 

N/A

 

G.  COMMITTEE REPORTS (discussion items)

 

Planning and Development Committee, January 17, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Portman)

 

1.   Goals and Funding for Land Banking Program (AD08-005a)
Committee unanimously recommended approval of the proposed goals and related program aspects as outlined in the attached staff report.  Committee further recommended a
pproval of the following actions that will effectively authorize moving forward with a $23 million land banking program immediately:

 

(a)  Use of the $3 million of school capacity fees to be paid to the Wake County Public School System (WCPSS) to assist with the purchase of one or more school sites to be located within the western portion of the corporate limits of the Town of Cary, to be paid to the WCPSS once specific property(ies) have been identified and approved by the Wake County School Board for purchase.

 

(b)  Funding of a new $20 million Town of Cary capital project entitled “Land Banking” to be funded as follows with initial targets for total funding of $23 million to include assistance with school sites identified by Wake funding to:

 

·     $5 million of general fund fund balance to assist with land purchases to include the following types of public service uses:  schools, post office, open space, fire station, and other Town of Cary land related needs of the future such as parks, greenways, community centers, and other citizen service locations

·     $5 million of utility fund fund balance for the purchase of additional open space to help protect water quality

·     $10 million of asset backed debt.  The debt service for this borrowing will be approximately $1 million during the first year and will decline gradually over the payment term of twenty years.  It is expected that the first year of debt service will occur in FY 2009 and would be paid from the general fund.  This $10 million in funding would be the last funding out of the $20 million utilized so that the timing of the debt service would be delayed as long as possible.

 

Initial targets for this total of $23 million in funding will include assistance with school sites identified by the WCPSS, key open space parcels, and the future location of a post office.  Committee further recommended approval that an appropriation be made at this time to allow staff to move forward with a land banking program as soon as possible.

 

(c)  Committee further recommended that the public be invited to provide feedback on this program, and on any specific concerns or considerations, through the previously scheduled dedicated public hearings at each Council meeting in February as part of the annual budget process or by providing feedback through email at budget.input@townofcary.org during the month of February.

(Approved committee recommendation)

 

2.   Evaluation of Corridor Transition Zoning District (Walnut Street) (PL08-021)
Committee unanimously recommended examination of ordinance standards and development requirements for properties in the Walnut Street Corridor that are zoned Corridor Transition by an ad hoc committee and that staff be directed to initiate public input sessions, followed, if necessary, by preparation of proposed ordinance amendments for consideration.
  (Approved committee recommendation)

 

H.   OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

 

1.   Consideration of adoption of the anti-monotony and garagescapes portion of the Land Development Round 9 amendments. (The council tabled these two items at the December 13, 2007 council meeting.) Council may take action. (Approved anti-monotony and garagescape language for the LDO; council will ratify the exact language at the 2/14/08 council meeting)

 

I.    CLOSED SESSION (called)

 

J.   ADJOURNMENT (9:30 p.m.)