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)

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

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2.    Ceremonial Opening (Mr. Joyce)

Mr. Joyce provided the ceremonial opening.

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3.   Adoption of agenda (Town Council)

The mayor noted that the applicant has withdrawn item G.1. from consideration: Stone Creek Village request for signal funding.

ACTION: Mayor Pro Tem Smith made a motion to remove item G.1.: Stone Creek Village request for signal funding, from the agenda. Ms. Dorrel provided the second, and council granted unanimous approval.

For historical purposes, the staff report regarding this withdrawn item follows:

Stone Creek Village Request for Signal Funding (EN05-121)
Committee unanimously recommended forwarding this item to Council for discussion at the April 28, 2005 meeting. Council may take action on this item.

Mr. Bradley W. McGinnis has made a request to the Town for funding of a traffic signal at the intersection of High House Road and Cornerstone Drive .  His letter is attached.  The justification of his request revolves around a PDD condition the developer provided.  Condition states “upon NCDOT traffic warrants, the developer will fund the signal improvements for the intersection between M-3 and M-4 at High House Road and Cornerstone Drive not to exceed $75,000”.  His assumption is the Town would cover the remaining cost.

Town’s participation with traffic signals is covered by Policy Statement 47 which is attached.  Two key points of the Policy Statement are that the signal will provide considerable public benefit and the Town’s participation, if any, will not exceed 25%.

Staff does not support the request for several reasons:

·       The signal serves the development and does not enhance the primary roadway network.  Therefore, it is Staff’s opinion that it does not provide public benefit.

·       The condition is to define developer commitments and not to commit the Town to funding.  While a metal pole and mast arm signal will cost approximately $140,000, the remaining funding could come from other sources like NCDOT or the Cornerstone development.

·       As budgets have become tighter, no funding has been available in the traffic signals account to participate in signal cost.  Even if funds were available, the maximum participation would be 25% or $35,000.

·       The signal is not necessary for the site as several access points exist and the condition outlines meeting NCDOT’s signal warrant analysis which requires actual existing traffic counts.  The full access point could be restricted in the future instead of providing a traffic signal.

Aside from providing Town funding, two optional pole designs could reduce the cost.  If metal poles with span wire were used, the cost would be about $100,000.  If wooden poles with span wire were used, the cost would be about $75,000.

Staff Recommendation:  Staff recommends that the developer be required to design and construct a metal pole and mast arm signal with no participation in funding by the Town.

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ACTION: Ms. Dorrel made a motion to approve the agenda as amended. Mr. Roseland provided the second, and council granted unanimous approval.

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B.   CONSENT AGENDA (click on this link to view the consent agenda and related minutes)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

Recognition of the Cary Fire Department for attaining reaccreditation. (Mr. David Cooke, Wake County Manager and Board Member of the Commission on Fire Accreditation)

Mr. David Cooke presented the award to Fire Chief Allan Cain.

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D.   PUBLIC HEARINGS

The following rules apply to the first special use public hearing (05-SU-002):

This quasi-judicial hearing considers an application for a variance or a special use permit. It requires an evidentiary hearing on the application, which will be heard by Council acting as a quasi-judicial board. The purpose of the hearing is to enable Council to gather legally acceptable evidence in order to establish sufficient facts to apply the applicable ordinance. No ex parte contact of Council is permitted. This means that Council should not discuss or receive information about the merits of the case from the parties, or members of the public, before the hearing. All testimony before Council must be "sworn" testimony. All persons wishing to speak on this matter must be sworn in. Applicants may elect to be represented by legal counsel. All persons wishing to speak will be given a reasonable time in which to be heard; however, groups are encouraged to select a spokesperson to speak for the group in order to avoid repetitious testimony. All documents provided to Council to consider as evidence should be numbered and copies must be provided to the Clerk and to the other party. Inflammatory, irrelevant or repetitious testimony is not permitted.

The applicant has the burden of producing sufficient substantial, competent and material evidence for the Council to conclude that the standards of the applicable ordinance(s) have been met.

PROCEDURE FOR THE HEARING

The procedure for hearing this case is as follows:

·         A staff representative presents a preliminary statement.

·         The applicant is called on to present the argument in support of the application, followed by others who wish to speak in support of the application.

·         Persons opposed to the application are invited to speak.

·         Both sides are permitted to question the other side.

·         Both sides are permitted to present rebuttals.

·         The hearing is closed.

The Council deliberates in order to reach a decision. In the course of the deliberation, the Council may ask questions of the staff, the applicant or others who have testified, but beyond that, additional comments from the floor will be admitted only at the discretion of the Mayor.

1.    Special Use 05-SU-002
Public hearing to consider a special use permit to allow a secondary school to be located on a site with an equivalent zoning of Office, Research, and Development. The property is located at 1001 Sheldon Drive and contains 11.64 acres. Following the public hearing, council may take final action on this item. (Mrs. Beth Lewis)

Special Uses are generally compatible with other land uses permitted in the zoning district, but because of their unique characteristics or potential impacts on the surrounding neighborhood and the Town, require consideration as to location, design, configuration, and operation at the particular location proposed {LDO Sec. 3.8.1(A)}.  If a site plan were to be necessary, then it would be reviewed in coordination with the Special Use Permit application.

Requested Town Council Action

The applicant, Cecilia Gabriel, who is the agent, lessee, or contract purchaser specifically authorized by the owner, CV Enterprise LLC, has requested a Special Use Permit to operate a private secondary school at 1001 Sheldon Drive in Weston.  The building was constructed in 1991 for use as an office.  According to the table in Sec. 5.1 of the Land Development Ordinance (LDO) schools are permitted in the Office, Research, and Development zoning district only through the granting of a Special Use Permit by the Town Council.

Proposal

The applicant, has requested a Special Use Permit in order to open a private secondary school with seats for approximately 100 high-school-aged students.

The property contains 11.64 acres on which has been constructed an office building.  The applicant will lease 13,000 square feet of office space, and will have the use of 46 parking spaces.  The parking requirement for a high school is one (1) parking space for each five (5) students, and 1.5 parking spaces per classroom.  With 46 parking spaces available, up to 17 classrooms could be included within the school, while only ten (10) classrooms are planned at this time.  The building will require no exterior alterations to amend its use from an office building to a school facility, so no site plan accompanies this request.

Neighborhood Concerns

Staff Recommendation:

Staff feels the request meets the required seven special use standards of Section 3.8.3 necessary for approval of the Special Use Permit.  Staff recommends approval of the Special Use Permit.

CASE 05-SU-002

Hopewell Academy

CARY TOWN COUNCIL

WORKSHEET AND

SUGGESTED MOTIONS

SPECIAL USE

Section 3.8.3 requires that:

The following seven general standards must be met in order for the Town Council to grant a Special Use:

(A)                The proposed use or development of the land will generally conform with the Comprehensive Plan, other official plans and manuals or documents adopted by the Town;

Staff comment – Cary ’s Land Use Plan calls office and institutional uses in this location, and a school is classified as an institutional use.  It should be noted that pre-schools and colleges are permitted in the Office, Research, and Development zoning district by right, without a Special Use Permit.

TEST SATISFIED? __ YES __ NO

(B)                The proposed use or development of the land will not materially endanger the public health or safety;

Staff comment - A secondary school located within an existing office building would not endanger the public health or safety through its existence.  The school would meet all local, county, and state regulations regarding schools of non-public instruction.  A license to operate will be awarded by the North Carolina State Department of Non-Public Instruction only after they receive satisfactory reports from all applicable inspections.

TEST SATISFIED? __ YES __ NO

(C)                The proposed use is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community functions or by providing an essential service to the community or;

Staff comment – A private secondary school will provide a public service by helping to relieve the overcrowding in the local high schools.  It will also provide an educational setting for students with mild learning differences to receive the specialized education they require.

TEST SATISFIED? __ YES __ NO

(D)                The proposed use or development of the land will not substantially injure the value of adjoining or abutting property;

Staff comment – The proposed school will be wholly located within an existing building, and will not have any influence on the value of adjoining properties.

TEST SATISFIED? __ YES __ NO

(E)                The proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;

Staff comment - The school will be located within an existing building, so there will be no change to the character of the area.  The school will make incidental use of the rear parking lot, the adjoining woods, and the patio, but no changes to the exterior of the building are planned.  Office buildings often include outdoor areas for employee use, and the use of the exterior of this building by students will be comparable.

TEST SATISFIED? __ YES __ NO

(F)                The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities; and

Staff comment - Water and sewer will be provided by the facilities currently on-site.  A school will not impact the delivery of municipal services to the area.

TEST SATISFIED? __ YES __ NO

(G)               The proposed use will not cause undue traffic congestion or create a traffic hazard or unsafe pedestrian pathway;

Staff comment - The use will generate less than 100 peak hour trips, the level at which a traffic impact study would be required.  A school will not create a traffic hazard or unsafe pedestrian pathways.

TEST SATISFIED? __ YES __ NO

MOTION TO GRANT APPLICATION WITHOUT CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. _05-SU-002____

HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 3.8.3 OF THE CARY LAND DEVELOPMENT ORDINANCE AND IS HEREBY GRANTED WITHOUT CONDITIONS.

MOTION TO GRANT APPLICATION WITH CONDITIONS

I HEREBY MAKE A MOTION THAT APPLICATION NO. _05-SU-002___

HAS SUCCESSFULLY MET THE REQUIREMENTS OF SECTION 3.8.3 OF THE CARY LAND DEVELOPMENT ORDINANCE AND IS HEREBY GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

1.___________________________________________________________________

2.___________________________________________________________________

3.___________________________________________________________________

MOTION TO DENY APPLICATION

I HEREBY MAKE A MOTION THAT APPLICATION NO. _05-SU-002__ HAS FAILED TO MEET THE REQUIREMENTS OF SECTIONS 3.8.3. OF THE CARY LAND DEVELOPMENT ORDINANCE AND THE APPLICATION IS DENIED DUE TO THE FOLLOWING FINDINGS:

1.__________________________________________________________________

2.__________________________________________________________________  

3.__________________________________________________________________

The town clerk administered oaths to Mrs. Beth Lewis and Ms. Cecilia Gabriel. These oaths are attached to and incorporated in these minutes as Exhibit A. Staff’s power point presentation is attached to and incorporated in these minutes as Exhibit B.

Ms. Cecilia Gabriel, the applicant, stated she is the founder of a new high school in Wake County known as Hopewell Academy , which is a school for grades 9-12. She stated this site in Weston is an appropriate building for the use. She encouraged the council to support the request.

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

Ms. Dorrel asked about the recreational facilities that will be needed to support this high school. Ms. Gabriel stated the property is located on approximately 12 acres, it is a single office building containing approximately 30,000 square feet, and the site is very wooded and near the community facilities, which they would like to use. She stated they will be the largest tenant in the office building, and the majority of the parking is set aside for this use. They have made arrangements with other private recreation areas and Lake Crabtree .

Mrs. Robison asked about sidewalk provisions. Mr. Bailey stated Cary has no ability to install sidewalks in Morrisville’s jurisdiction. He stated one opportunity is to use enhancement funds at a state level, and Cary can work with Morrisville to request funds through the CAMPO process.

Mr. Joyce asked when the school will open. Ms. Gabriel hopes to open in mid-summer for summer school and on August 25 for the academic year.

ACTION: Mrs. Robison moved to recommend approval of the special use permit 05-SU-002 to operate a private, secondary school at the Weston location. Ms. Dorrel provided the second.

Mayor Pro Tem Smith clarified that the motion should be clear that the application has successfully met the requirements of the seven tests and is granted without conditions.

ACTION: Mrs. Robison restated her amended motion as follows: “I hereby make a motion that application 05-SU-002 has successfully met the requirements of Section 3.8.3 of the Cary Land Development Ordinance and is hereby granted without conditions.” Ms. Dorrel amended her second. Council granted unanimous approval.

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2.   FY 2006 Community Development Block Grant (CDBG) Annual Action Plan 
Public hearing for the following: (1) the CDBG annual action plan, which describes how the Town proposes to utilize $497,104 in CDBG funds it expects to receive on July 1, 2005; and (2) to receive comments on the proposed reprogramming of $50,000 in FY 2005 CDBG funds from the Hunter Street sidewalk program to the façade improvement program. Following the public hearing, council may take final action on this item. (Mr. Philip Smith)

The Town of Cary is designated as a Community Development Block Grant (CDBG) entitlement community by the US Department of Housing and Urban Development (HUD).   For FY 2006, CDBG funds in the amount of $497,104 have been allocated to the Town for use in addressing the Town’s affordable housing, public infrastructure and economic development needs.  These needs are identified in the FY2005-2009 Consolidated Housing and Community Development Plan adopted by Town Council last year (refer to the April 29, 2004 council meeting minutes for this plan).  As a condition to participating in the CDBG program the Town is required to prepare and adopt an Annual Action Plan describing how the Town of Cary plans to utilize these CDBG funds it expects to receive on July 1, 2005 . The action plan follows:

DRAFT

Community Development Block Grant

FY2006 Community Development Block Grant

Annual Action Plan

Town of Cary

North Carolina

TOWN OF CARY

FISCAL YEAR 2006

ANNUAL ACTION PLAN

I.    Purpose of Annual Action Plan

The Annual Action Plan is a requirement of the Federal Department of Housing and Urban Development (HUD) as a condition of receiving funding under the Community Development Block Grant (CDBG) program. It sets out the activities and projects to be undertaken within the fiscal year that go toward achieving the goals and objectives of the CDBG program. The Annual Action Plan also identifies the amounts of funds to be spent on each project.  The Plan is a result of an extensive Citizen Participation process.  Citizens from our target neighborhoods, non-profit partners, internal departments and other stakeholders are consulted for ideas and suggestions of projects to be undertaken.

II.   Background

On May 8, 2003 , the Town Council of the Town of Cary voted to seek designation as a Community Development Block Grant (CDBG) entitlement community beginning July 1, 2004 .  This designation was approved by the U.S. Department of Housing and Urban Development and Cary subsequently prepared and adopted a five-year Consolidated Housing and Community Development Plan for Fiscal Years 2005-2009, hereafter referred to as the Consolidated Plan.   The preparation of the five-year Consolidated Plan is a prerequisite for the Town to receive annual funding under the Community Development Block Grant program. 

Additionally in each year covered by the Consolidated Plan, the Town must describe its annual funding priorities in an Annual Action Plan.  This Annual Action Plan for FY2006 describes the Town’s funding priorities for the period July 1, 2005 through June 30, 2006 , or Year Two of the Town’s CDBG program.

III.  Overview

The Community Development Block Grant (CDBG) program is authorized under Title I of the Housing and Community Development Act of 1974, as amended.

The primary objective of CDBG is the development of viable urban communities, by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate incomes.

CDBG funds can only be used in compliance with the national objectives of the program. Participating communities must certify that the planned uses and expenditure of such funds shall be prioritized so as to give maximum benefit to one of the following national objectives:

1. Benefit to low and moderate income residents.

2. Aid in the prevention of slums and blight.

3. Address urgent needs.

Low and moderate income residents (LMI) are defined by HUD as those households who earn 80% or less of the area median income. For the Town of Cary, these income limits range from $39,950 for a one-person household to $75,300 for an eight-person household to be considered low and moderate income.  For neighborhood areas to receive CDBG benefits at least 51% of the households in that area or neighborhood must be of low or moderate income.

In Cary , the neighborhood and areas that have been identified and targeted for CDBG funded projects are within the boundaries of the Town Center Area Plan (See attached map). These areas and neighborhoods are some of the oldest in the Town and are most in need of revitalization.  The Town’s FY2005-2009 Consolidated Housing and Community Development Plan outlines and justifies this area by means of the latest US Census data and by Town surveys and studies. 

IV.  Resources

The Town of Cary expects to receive $497,104 in CDBG funds for FY2006.  Additionally the Town intends to reprogram $50,000 in CDBG from FY2005 funding to supplement this amount.  The Town of Cary has traditionally funded most of the administration of the CDBG from its General Fund.  Funds budgeted for administration are proposed and awaiting Council approval of the FY2006 Budget.  With these resources total funds available are as follows:

CDBG: $497,104

Reprogrammed funds from FY 2005: $50,000

Affordable Housing Funds-General Fund Carry-over: $500,000

Other Community Development Support – Gen Fund (prop): $154,700

Administration-Gen Fund portion (proposed): $75,820

Total Resources:  $1,277,624

The Town of Cary also participates cooperatively with Wake County and other communities in other federal programs including the Wake County HOME Consortium and the Wake County Continuum of Care.  In these endeavors, the programs are administered by Wake County Department of Human Services and the projects selected for funding are contained in Wake County ’s Annual Action Plan.  The programs administered by Wake County but which benefit Cary residents include the HOME Investment Partnership Grant (HOME), American Dream Downpayment Initiative (ADDI), Emergency Shelter Grant (ESG), Shelter Plus Care, Housing Opportunities for Persons with Aids (HOPWA).  

While the CDBG and General Fund resources reflected above represent those within the control of the Town and are thus the main focus of this plan, there are many other community development resources being utilized to meet the needs of the community.  The following matrix identifies other resources currently or imminently at work within the Town of Cary and the types of financing these resources provide.

TABLE ONE:  Community Development Resources Available to Cary