Cary Town Council Minutes

Thursday, February 10 , 2005

6:30 PM

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue , Cary , N.C.

Web Site:  www.townofcary.org

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.

_________________________

2.    Ceremonial Opening

Ms. Dorrel provided the ceremonial opening.

_________________________

The mayor announced that item D.1. on this agenda, Rezoning 04-REZ-23 (Lowe’s Home Center Planned Development Amendment), was withdrawn by the applicant immediately prior to the meeting.

B.   CONSENT AGENDA

The council pulled committee consent agenda item (8), Cary Tennis Center, from consent for discussion.

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the beginning of the old/new business portion of the agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on January 27, 2005; the minutes of the work session regarding the legislative agenda held on January 25, 2005; the minutes of the work session regarding the community appearance manual held on February 1, 2005; and the minutes of the event for outgoing boards/commissions members held on February 1, 2005.

ACTION: Ms. Dorrel made a motion to approve the consent agenda except for committee consent agenda item (8), Cary Tennis Center. Mrs. Robinson provided the second, and council granted unanimous approval.

_________________________

b.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on annexation 05-A-02; 5020 Sears Farms Road; 1 acre; no associated development plan or rezoning case.

Annexation Petition Number: 05-A-02

Property Address: 5020 Sears Farm Road

Wake County Parcel Number: 0734455090

Real ID Number: 0062802

Petition Date:  1/7/2005 Proposed Effective Date:  3/10/2005

Town Council – Certificate of Sufficiency: 2/10/2005

Town Council – Public Hearing: 3/10/2005

Owner: Joel Triplett
202 Briardale Avenue
Cary , NC 27519

LOCATION: 2,390 ft. southwest of intersection of Sears Farm Road and Green Hope School Road

ZONING & PROPOSED USE

Current Zoning: Residential 40 (R-40)

Acreage: 1.00 plus 0.00 right of way = 1.00 total acres

% Contiguity: 64.0%

Corporate Limits: Contiguous

Proposed Use: Residential

Associated Rezoning Case: None

Associated Development Plan: None

UTILITIES

Water: 12" Dip 20' southwest

Sewer: On Site

DISTRICTS & TAX VALUE

Fire District: Morrisville

Voting District: A

Tax Value: $59,521.00

ACTION: Ms. Dorrel made a motion to approve the consent agenda except for committee consent agenda item (8), Cary Tennis Center . Mrs. Robinson provided the second, and council granted unanimous approval.

(Resolution is on file in the town clerk’s office and is incorporated in these minutes by reference.)

_________________________

2.   Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda)

a.   Rezoning 04-REZ-22 ( Reedy Creek Road )
The property is currently zoned Residential 40 and is proposed to be rezoned to Residential-12 Conditional Use. The property is comprised of 4.9 acres and is located on the west side of Reedy Creek Road , approximately 600 feet north of the intersection with Dynasty Drive .

TOWN OF CARY CASE MANAGER

Angela Reincke, Senior Planner

Phone: (919) 462-3942

Email:  angela.reincke@townofcary.org

STAFF RECOMMENDATION

Staff believes that this request satisfies the rezoning criteria set forth in the Land Development Ordinance Section 3.4.1(E) and recommends approval for the following reasons:

1. This request is consistent with the current Town of Cary Land Use Plan .
2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.)
3. The proposed rezoning is unlikely to have a significant impact on the natural environment.
4. The proposed rezoning will not have a significant adverse impact on other property in the vicinity.
5. The proposed zoning classification is suitable for the property.

APPLICANT

Jim Middleton

Performance Properties

100 Glenhigh Ct

Cary   NC   27511

jmiddleton747@cs.com

OWNERS

Ann P. Talton

901 Reedy Creek Road

Cary , NC

27513

LOCATION

901 Reedy Creek Road

Cary , North Carolina 27513

PROJECT DESCRIPTION

This request is to rezone the property from Residential 40 (R-40) to Residential 12 Conditional Use (R-12 CU). The subject property of 4.9 acres is located on the west side of Reedy Creek Road approximately 600 feet north of the intersection of Reedy Creek Road and Dynasty Drive .

Parcel: 0764792372

Maximum Density (Du/Ac): 2.3 Du/Ac

Acreage: 4.9 acres

Total Units: N/A

Minimum Lot Size: N/A

APPLICANT’S JUSTIFICATION STATEMENT

In order to subdivide property, Cary utilities are needed. Rezoning to Residential 12 (R-12) would allow for public utilities and for the property to be developed into single family residential lots under the same category as subdivisions to the south and east.  This rezoning would allow for a continuation of annexation of property adjoining existing city limits under the existing designated land use plan of low density residential.

PROPOSED ZONING CONDITIONS

Density is not to exceed 2.3 units per acre.

CURRENT LAND USE & ZONING

Current Land Use Designation:  Low Density Residential (LDR)

Current Zoning: Residential 40 (R-40)

Proposed Land Use Designation:  Low Density Residential (LDR)

Proposed Zoning: Residential 12 Conditional Use     (R-12 CU)

PLANNING

Comprehensive Plan Analysis

This proposal is in compliance with the Land Use Plan.  No amendment is required.  The parcel is designated as Low Density Residential (LDR) in the Land Use Plan, which corresponds with the Residential-12 (R-12) zoning district.

Open Space Considerations

There are no natural or historic resources located on the site, based on the Town’s Open Space and Historic Resource Plan.

Parks and Greenways

There is no park or greenway proposed for this site based on the Parks, Recreation and Cultural Resources Master Plan. A payment-in-lieu of park land dedication will be required for residential development.

Transportation Planning

This location is within the C-Tran service area. The Comprehensive Transportation Plan requires a 3-lane section for Reedy Creek Road (one lane in each direction with a continuous center turn lane).  Sidewalk is required on both sides of Reedy Creek Road .  Outside lanes 14’ wide are required on Reedy Creek Road to accommodate bicycles. 

School Information

ENGINEERING

Environmental Considerations

The project will be required to meet the nitrogen requirements of the Town of Cary .

Utilities (Water and Sewer)

This property has direct access to Town of Cary ’s public water distribution system via the 8” waterline along Reedy Creek Road . Off-site sewer easement acquisition from adjacent properties south of the development will be required for sanitary sewer connection. 

Traffic Impact Analysis

The development of 11 dwelling units will not require a traffic impact study because is does not generate more that 100 peak hour trips as defined by the Adequate Public Facilities Ordinance

PARCEL & OWNER INFORMATION

Property Owner(s): Ann P. Talton

County Parcel Number: 0764792372

Real Estate ID(s): 0055825

Area (Acres): 4.9

ACTION: Ms. Dorrel made a motion to approve the consent agenda except for committee consent agenda item (8), Cary Tennis Center . Mrs. Robinson provided the second, and council granted unanimous approval.

_________________________

3.   Operations Committee, February 2, 2005 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)

(Clicking on the link above will list action for each of the Operations Committee consent agenda items.)

C.   PUBLIC SPEAKS OUT (one hour time limit)

No one came forward to speak during this portion of the agenda.

_________________________

D.   PLANNING AND ZONING BOARD REPORT DISCUSSION ITEMS (any item pulled from the Planning and Zoning Board consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

1.   Rezoning 04-REZ-23 (Lowe’s Home Center Planned Development Amendment)
The request proposes to amend two of the twenty currently approved zoning conditions to allow for an outparcel to be utilized as a grocery store. The property is comprised of 1.95 acres and is located at 1904 NW Maynard Road . Council may take action on this item. 

TOWN OF CARY CASE MANAGER

Travis Morehead, Principal Planner

Phone:  (919) 465-4610

Email:  travis.morehead@townofcary.org

STAFF RECOMMENDATION

Staff believes that this request satisfies the rezoning criteria set forth in the Land Development Ordinance Section 3.4.1 (E) and recommends approval for the following reasons:

1. This request is consistent with the current Town of Cary Land Use Plan.  This proposal is consistent with the Town of Cary Comprehensive Land Use Plan as well as the special area plan that was adopted December 11, 2003 .  This parcel is designated as Commercial and would be appropriate for a specialty grocery store.  
2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.). As stated in the utilities section of this report public services are already available to the site.
3. The proposed rezoning is unlikely to have a significant impact on the natural environment.  The natural environment of the site has already been altered to accommodate the commercial uses previously approved for this site. This parcel would have no further impact to the natural environment than the previously approved use.
4. The proposed rezoning will not have a significant adverse impact on other property in the vicinity. The proposal would have no more of a significant adverse impact to other property in the area as compared to the previous conditioned use (restaurant).
5. The proposed zoning classification is suitable for the property.  This property is currently zoned Planned Development District PDD (Major) with a Land Use Designation of Commercial. The zoning and land use classification for this parcel are appropriate for this use and ,in fact, would remain the same if this proposal were to be approved. 

Additional Analysis

• There were concerns raised at the Town Council meeting about the number of grocery stores in the area.  The following is information provided by the staff in 2003 concerning the number of grocery stores in Cary :  

• “Based on the most recent demographic information available, Cary has a lower number of grocery stores per capita than in other parts of Wake County , the State of North Carolina , and the nation as a whole. In 2001, there was one grocery for every 5,252 people in Cary . The Wake County ratio was 1:3,707.  For North Carolina , the ratio is 1:3,913. In the United States , the number of people per store is 1:4,147. Cary had 15 percent of Wake County ’s population but just 11 percent of the grocery stores in the County (U.S. Census Bureau, 2001). This information suggests that there is an existing and future need for more grocery facilities and a strong consumer base to support additional stores.”  This planned small grocery store would not serve to over-populate the grocery store market in Cary .

·         Traffic concerns were also raised at the Town Council meeting.  Concerns were raised about the   cumulative effect of this grocery store and the traffic generated by the other quadrants of the intersection.  An Activity Center Concept Plan has been submitted for the northwest corner of the intersection that has a lower traffic impact than the Land Use Plan for the area anticipated, and is under revision that further lowers its traffic impact.  This request would not cause the Average Daily Trip (ADT) count to exceed the 12,900 trips as established by the Land Use Plan for this intersection.