I.    OLD/NEW BUSINESS

 

1.   Veterans Freedom Park Request for Funds (PR04-27)
The Operations Committee recommended that staff work with the Veterans Freedom Park Foundation to refine the needs of the group pertaining to the scoping of the project.

 

The Veterans Freedom Park Foundation, a 509-C nonprofit corporation, has requested the Town’s assistance to develop a regional park honoring veterans.  Specifically, the group requests $150,000 for design, public feedback activities, and project planning.  Assistance that may be requested  for future consideration include items related to development fees and road improvements, capital funds, maintenance and operations, grant assistance, public relations, and others.

 

The project objectives as established by the Foundation are as follows:

  • For charitable and benevolent purposes to memorialize the valor, fidelity and sacrifices of the men and women who have served in the armed forces of the United States of America .
  • To foster the inter-generational awareness for present and future generations of the valor, fidelity and sacrifices of America’s men and women of the armed forces whose service to our country has and keeps us the land of the free and home of the brave.
  • To involve the community in the conception and implementation of public artwork that will be placed in the Town of Cary to symbolize the value of freedom.
  • To pay tribute by the establishment of a fitting memorial complex that will appropriately commemorate the service of the military veterans of this great nation.
  • To promote and provide innovative commemorations, educational programs, projects, and exhibits that foster awareness and historical significance of the unselfish service and in many cases, the ultimate sacrifice, of the military veterans of this great nation.

 

The project site includes 11 acres located on the northwest corner of North Harrison Avenue and Cary Parkway . It was donated to the foundation and other businesses have donated a variety of in-kind services as well.  Wake County provided $50,000 to the Foundation upon a request for design and planning assistance.

 

Funding of the request could be viewed as a one time “grant” to a community Foundation.  However, the implications of this request as presented are much greater. Originally, a proposal for a public art project honoring veterans was presented to the Town for consideration as a part of the Town Hall Complex.  This program scope has substantially grown into the current concept.  Due to the future level of support that the Foundation anticipates requesting from the Town, the priority of this project should ultimately be evaluated within the context of all Town projects.

 

If it is intended that the project be a partnership rather than a private initiative, a detailed plan is needed that clearly outlines the role of the Town and the role of the Foundation during the entire planning, programming, and design process.  An itemized planning budget is also needed.  Currently, the Public Art Coordinator has been attending meetings for this project since it was initially a public art project. The ability to provide additional staff support for this project could only be evaluated after identifying the expected level of support and involvement.  

 

Staff Recommendation:  That Council delay action to fund the request until staff can obtain the information listed below from the Veterans Freedom Park Foundation and provide a more thorough evaluation.

 

  1. A detailed plan of the entire design process and timeline including an outline of the role of the Town and the role of the Foundation.
  2. An itemized planning budget.

 

Mayor McAlister announced that this item is deferred to the April 15, 2004 council meeting. He stated all parties are continuing to work together to develop the proposal.

 

_________________________

 

Items 2 and 3 below – the Forest Oaks annexation and rezoning – were discussed as a group:

 

2.   Consideration of adoption of annexation 04-A-02, 331.51 acres.

 

Voluntary Annexation Petition 04-A-02

Property Owner

Glen Futrell, Jihad Libbus, F. Joseph Gossman, W. Odell Yates, Jeanette Y. Cash, William O. & Joan P. Yates, Lola S. Yates Heirs, Richard A. Paton, Allen R. & Teresa E. Phillips

Property Address

0 Yates Store Rd., 1000 Yates Store Rd., 9640 Green Level Church Rd., 1001 Yates Store Rd., 1025 Yates Store Rd.

General Location

At the intersection of Yates Store Rd. and Green Level Church Rd.

Wake County PIN(s)

0725307389, 0724484739, 0725412042, 0724494251, 0724286712, 0724680041, 0724560763, 0724489763, 0724582236, 0724563505, 0724384220, 0724393793
Chatham :  0724291036, 0724189218, 0725202217, 0725104652, 0725119554, 0725115733, 0725006765, pt. 0725212320 & pt. 0725215194

Current Zoning

R-40 ( Cary )

R-40 ( Wake County )

RA-40 ( Chatham County )

Associated Rezoning/Development Plan

03-REZ-13

Proposed Zoning Designation (if applicable)

PDD Major

Current Land Use

Vacant, Residential, Agricultural

Proposed Land Use (if applicable)

Forest Oaks PDD

Property Acres

324.56

Amount of Adjacent ROW Being Annexed

6.95

Total Amount of Land Being Annexed

331.51

% Contiguous with Corporate Limits

12.3%

Distance to closest “Consideration Area”

12,400 feet

Effect on contiguity of closest Consideration Area

None

 

Staff Recommendation:  Staff recommends that Council delay action on the annexation following the public hearing until the Forest Oaks rezoning case is considered.  Prior to any motion for approval of the proposed Forest Oaks Planned Development, Council will need to act on the annexation.

 

3.   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.

 

PROJECT DESCRIPTION

 

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 added March 12, 2004 :

 

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:

Valid [ ]    Not Enough Signatures with 100 feet [  ]    None Filed [ ]

No longer valid.

 

Use

Comparison

(Note: these figures are based upon the total project size of 327.12 acres as listed on page 2 of the Master Plan document. Staff determination on project size was 323.53 acres based upon calculated acres in GIS)

ORIGINAL PROPOSAL

REVISED PROPOSAL

Acreage

% of Total

# of Units/ Sq. Ft.

Acreage

% of Total

# of Units/ Sq. Ft.

Detached Residential

185.97

56.8

499

184.06

56.2

327

Attached Residential

12.57

3.8

101

17.67

5.4

141

Open Space

55.86

17.16

-

55.09

16.9

-

School & Church Complex

64.73

19.8

240,000

58.55

17.9

240,000

Daycare

2.48

0.8

12,000

-

-

-

Roadways

5.51

1.7

-

11.84

3.6

-

TOTALS

327.12

100%

-

327.21

100 %

-

Number of dwelling units in Wake Co

110.81

33.8%

385

148.99

45.5%

468

Net Residential Density in Wake Co

3.47 units/acre

3.14 units/acre (468 units/148.99 acres)

Number of Units in Chatham Co

83.88

25.6%

215

50.31

15.3%

122

Net Residential Density in Chatham Co

2.56 units/acre

2.4 units/acre (122 units/50.31 acres)

Overall Density in Wake Co

 

2.37 units/acre (468 units/198.12 acres)

Overall Density in Chatham Co

 

.95 units/acre (122 units/129 acres)

 

CURRENT PROPOSAL COMPONENTS:

Parcel

Maximum Density (Du/Ac)

Acreage

Total Units

Minimum Lot Size (square feet)

SF-1

2.8

27.54

77

9,200, with a typical lot size of 10,000

SF-2

2.8

9.09

25

9,200, with a typical lot size of 10,000

SF-3

2.0

15.6

31

14,400, with a typical lot size of 15,500

SF-4

2.0

42.13

84

14,400, with a typical lot size of 15,500

SF-5

3.0

36.71

110

7,700, with a typical lot size of 9,600

SF-6

1.8

8.19

41

5,000 with a typical lot size of 5,500

SF-7

1.8

9.44

16

18,000 with a typical lot size of 20,000

SF-8

1.8

16.56

30

18,000 with a typical lot size of 20,000

SF-9

1.8

19.3

35

18,000 with a typical lot size of 20,000

Subtotal for Detached Housing

2.56

184.06

449

-

AR-1

8.0

17.67

141

-

Residential Totals

1.8

201.73

590

-

Major R-O-W