REGULAR MEETING MINUTES OF THE TOWN OF CARY , NORTH CAROLINA

Thursday, March 11, 2004

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue , Cary , N.C.

PRESENT: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Mike Joyce, Jennifer Robinson, Julie Robison, and Nels Roseland

A.   COMMENCEMENT

1.   Call to Order

Mayor McAlister called the meeting to order at 6:30 p.m.

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2.   Ceremonial Opening

Mayor Pro Tem Smith read Irish poems and led the Pledge of Allegiance.

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B.   CONSENT AGENDA

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C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

There were no recognitions, reports or presentations on this agenda.

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D.   PUBLIC HEARINGS

1.   Public hearing and consideration of referral to the Planning and Zoning Board: An amendment to the Land Development Ordinance (LDO), Section 9.1.2 (C) and Section 9.3(P)(4), altering the limitation on the number of pieces of information on a principal ground sign in the Town Center Area. (Public hearing continued from February 26, 2004 .)

Refer to the February 26, 2004 minutes for the staff report and additional information on this item.

Mrs. Robinson asked about the allowance for different fonts and logos. Mrs. Lewis stated it is not a part of today’s regulations and has not been discussed. She stated a uniform sign plan would include this type of information at their choice, but the Town’s regulations do not cover this issue. She added that 10% of the area of a sign can contain federally registered logos in official registered colors.

Ms. Sandra Horton, owner of Chocolate Smiles Village , stated there are other tenants in her shopping center, and she wants to be allowed to list her tenants so that people can more easily find them. She wants to help her tenants be able to put out their message that they are in business. She stated at the present time their sign says “ Chocolate Smiles Village ” and contains an emblem. She stated instead she would like to have a sign that lists all the businesses (for eastbound and westbound traffic). She encouraged the council to act in the best interest of the small business people in Cary .

No one else came forward to speak, and Mayor McAlister closed the public hearing.

Ms. Dorrel stated she is concerned that this ordinance may result in clutter. She stated one way to resolve this may be to require a uniform font and a minimum font size on the signs.

Mrs. Robinson stated she is also concerned about having logos on signs, and she feels this may look cluttered.

Mrs. Lewis stated staff can include font size as an option for consideration as the issue moves forward to the Planning and Zoning Board.

Mayor Pro Tem Smith stated the ordinance is complex, but this amendment will simplify things. He feels that the restriction of the overall size of the sign will handle the clutter issue. He stated he prefers to trust the process and allow flexibility with the small business owners. Mr. Roseland concurred.

Mrs. Robinson wants to hear the Planning and Zoning Board’s comments on font sizes and logos.

Mrs. Lewis showed two examples of signs that meet the sign requirements (refer to Exhibit B attached to and incorporated in these minutes), and she noted that the Regency sign utilizes a common font. She stated the current sign ordinance allows one background color and two base colors.

Ms. Dorrel stated her intent with this change is not to relax restrictions but to find a way to identify with signage all tenants in a multi-tenant building. She stated font size is key to her in order to meet this goal.

Mr. Joyce asked if there is a limit to the number of words allowed on a sign. Mrs. Lewis stated today’s ordinance limits the number of words on a sign to eight, but the amendment will do away with this eight-word limit.

Mrs. Robison stated people will self-regulate, because people will want their business name to be seen. She is not concerned about font size, but she is amenable to the ordinance addressing font style.

ACTION: Referred to the April 19, 2004 Planning and Zoning Board meeting

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2.   Public hearing and consideration of adoption of annexation 04-A-01, 70.81 acres. (Public hearing continued from February 26, 2004 .)

No one came forward to speak, and Mayor McAlister closed the public hearing.

ACTION: Mayor Pro Tem Smith made a motion to approve this annexation. Mrs. Robison provided the second, and council granted unanimous approval.

(Resolution is attached to and incorporated in these minutes by reference.)

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3.   Public hearing and consideration of adoption of annexation 04-A-02, 331.51 acres.

Mr. Larry Ballas, a Chatham County resident, stated a recent News & Observer article quoted Mayor McAlister as stating that Chatham County residents want to come into Cary to improve their property, but he stated this is not true, because these landowners are only interested in selling their property.  He stated he understands that these people have a right to sell their land, but to improve the land means that people must stay on the land. He stated that original approvals get changed over time, and he gave Amberly as an example of density that was increased after the initial approval. He stated the Forest Oaks property is too close to Jordan Lake, and Cary will pollute the lake, because everything being built around the lake pollutes the lake. He urged council to consider the density of these annexations. He is against Cary annexing across the county line.

Ms. Sally Kost, a Chatham County resident, stated many Chatham County residents are passionate about keeping Cary out of Chatham County. She stated these residents want a different lifestyle with fewer restrictions, less traffic, and more open space. They feel Cary is threatening their lifestyle. She urged council to vote against this annexation, because annexation will allow development to a higher density. She stated the property owners who are a part of the annexation request only want annexation to help them sell their land. She noted that Chatham County residents were even opposed to Cary planning for development as part of the southwest Cary plan. She stated all children in Forest Oaks will not attend the Catholic School. She stated that Chatham County United was formed to prevent any municipality from annexing across the county line. She submitted a petition collected by this organization with 210 signatures opposing this annexation. (Petitions are attached to and incorporated in these minutes as Exhibit C.)

Mr. Steve Stephenson, a Cary resident who owns property in Chatham County, stated that the southwest plan has not been approved by the council, and he thinks it is premature to consider the annexation of the land prior to council adopting the southwest plan. He stated as Cary proceeds into Chatham County, the Chatham County residents must have confidence that Cary will make good decisions for the Chatham County residents. He added that Cary’s definition of low density is three houses per acre, and Chatham County defines low density as 1.5 acres for each home.

Mr. Tom Kost stated in September 2002, the Catholic diocese purchased land to build a school and church in Chatham County. He stated a developer seized upon the opportunity and attached 590 residences to the church/school complex. He stated the council is now having a hard time saying no to the annexation. He stated that the real loser is Chatham County and its citizens who clearly do not want Cary in Chatham County. He urged the council to vote no on the annexation.

Mr. Bob Atwater, Chatham County commissioner, stated their position on voluntary annexation is that Cary should not support the annexation. He stated citizens should have control of government and should be allowed to exercise this control at the ballot box. He stated this principle is not honored when a municipality crosses county lines, and it will affect all Chatham County citizens. He reiterated that Chatham County citizens have no control over the elected officials in Cary. He stressed that annexation will not nurture future regional cooperation efforts. He urged the council to respect the views of the Chatham County residents and the Chatham County elected officials who have adopted a formal resolution opposing Cary annexing into Chatham County and reject the part of the proposal in Chatham County. Mr. Atwater stated that Chatham County wants to be a good neighbor.

No one else came to speak, and Mayor McAlister closed the public hearing.

ACTION: Deferred action to the rezoning discussion (item F.1.)

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4.   Public hearing and consideration of approval of a request to provide a $25,000 economic development grant to R.H. Donnelley Corporation as an inducement to relocate its national corporate headquarters to Cary.

R.H. Donnelley Corporation, the largest U.S. public stand-alone publisher of yellow pages directories, is relocating its corporate headquarters to Weston One Building off the Cary Parkway.  Donnelley considered locations in New York, Kansas, Missouri and Florida before deciding to locate in North Carolina.

They will initially employ 140 workers with estimated salaries for the positions averaging $63,000 and will add another 135 jobs by 2006.  The State of North Carolina has estimated that the project will generate a cumulative gross state product increase of about $325 million and 515 new jobs when the company reaches anticipated employment targets.

The State of North Carolina has awarded Donnelley a Job Development Investment Grant (JDIG) which could yield as much as $4.3 million to Donnelley over the life of the grant depending upon the number of jobs created.

After considering three other office locations in the Triangle, Donnelley selected Cary on the basis of incentives from Cary ($25,000) and Wake County ($25,000).

Town Manager Coleman stated the funds will be used for fit-up costs for the Cary office space. Town Attorney Henderson added that R.H. Donnelley will initially employ 140 workers with an average salary of $63,000. He stated the state grant could result in them receiving $4.3 million (based on the number of new jobs they generate). He stated they selected North Carolina over other states, and they selected Cary over other locations in Wake County because of the $25,000 grant.

No one came forward to speak, and Mayor McAlister closed the public hearing.

Mr. Roseland asked when the Town of Cary will pay them the $25,000. Mr. Coleman responded that they have started moving employees to Cary, so the Town will cut them a check immediately upon council approval.

Ms. Dorrel stated she understands that Cary’s $25,000 is for the first 140 employees, and the state has set additional targets for them to be eligible for more state funds.

ACTION: Mayor Pro Tem Smith made a motion to approve the request, Mrs. Robison provided the second, and council granted unanimous approval.

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E.   PUBLIC SPEAKS OUT (one hour time limit)

Mr. Bill Morgan, a two-time Viet Nam veteran, spoke in favor of the Veteran’s Freedom Park. He encouraged the council to support this park.

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F.   PLANNING AND ZONING BOARD REPORT (discussion items)

1.   Consideration of approval of Rezoning 03-REZ-13, Forest Oaks PDD:  Application by Withers and Ravel on behalf of 15 landowners to rezone approximately 327 acres of land located in Wake and Chatham Counties near Yates Store Road between Cary Park, Amberly, and the American Tobacco Trail.

The proposed project is a mixed use development located in the northwestern portion of Cary , along Yates Store Road , between New Hope Church Road and Green Level Church Road and is just west of the previously approved Cary Park .  The project would encompass 327 acres of which 198 are in Wake County and 129 in Chatham County.   As proposed, 141 multi-family units and 449 single family units will be constructed for a residential total of 590 units.  In addition to the residential component, a 1500 student private high school, a 500 student K-8 school and a 1000 seat church were also proposed.

The project contains the following conditions:  

1.      All acreages are preliminary until final surveying takes place during the construction drawing phase of development. Exact stream locations, 100-year floodplain delineation, street alignments, etc. will cause acreages to vary slightly.

2.      All types of buffers and streetscapes shall be as specified in the Open Space Definitions (see 3.1) and shall not be subject to any code changes. No additional streetscapes or buffers shall be required.

3.      Within non-residential parcels, there shall be no interior buffers or setbacks between separate buildings, even if under separate ownership.

4.      All building setbacks shall be as specified in this document and shall not be subject to any code changes.

5.      No building or parking setbacks shall be required against buffers, portions of buffers, streetscapes and any type of open space unless existing vegetation will remain.

6.      All building setbacks may be reduced a maximum of 10% by Town of Cary staff.

7.      No additional recreational space or open space beyond what is specified in this document shall be required of any parcel.

8.      The proposed street layout may vary due to topography and building configurations. However, the general layout will remain the same.

9.      Final parcel acreages may vary during final site design. Densities for the residential parcels are considered to be maximums and the resulting number of units for each parcel may slightly vary once final parcel acreages are established.

10.     20’ perimeter buffers are not required within residential parcels if off-site adjacent properties develop first.

The following conditions were submitted by the applicant a couple of days prior to the March 11, 2004 meeting:

1)                   The Yates Store Road Streetscape (as defined by Section 7.2.4 of the Cary LDO) shall be 50’ and shall be supplemented to meet the following standards:

a)      1 canopy tree (with a minimum 2 ˝” caliper and 12’ to 14’ height at time of installation) every 35 linear feet made up of, but not limited to: red maple, sugar maple or willow oak;

b)      1 understory tree every 20 linear feet at a minimum 2” caliper at time of installation;

c)       5 evergreen trees per 100 linear feet (with a minimum 4’ to 5’ height at time of installation) made up of, but not limited to: cryptomeria, Leyland cypress, or southern magnolia;

d)      7 evergreen shrubs per 100 linear feet (with a minimum 24” to 30” height at time of installation) made up of, but not limited to: burford holly, wax myrtle, Nellie Stevens holly or ligustrum.

e)      In addition to the above requirements where no trees presently exist and where topography allows, an earthen berm may be located with a minimum height of 3’ to 4’. This will not be a continuous berm and will be free form and more aesthetic and natural in appearance (as opposed to straight lines and steep slopes)

Note:    Supplemental plantings shall be planted as to create a natural appearance (as opposed to planting in rows) using a variety of plants referred to above. Plantings will be field located with consideration given to slope, sunlight, existing trees, etc.

Stormwater

In addition to the design requirements prescribed by the NCDENR Stormwater Best Management Practices Design Manual all BMP’s that are required to provide 85% suspended solids removal shall provide peak flow attenuation up and including the 5-year design storm for the areas tributary to the basin.

Protest Petition Information:

No longer valid.