Cary Town Council

Thursday, August 25, 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, and Jennifer Robinson

Absent: Council Members 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 (Ms. Dorrel)

Ms. Dorrel provided the ceremonial opening.

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3.   Adoption of agenda (Town Council)

Mayor McAlister announced that Land Development Discussion Item F.1, 05-REZ-06, Herndon Rezoning has a valid protest petition which requires six affirmative votes to pass. Due to the delay of Mr. Roseland and Mrs. Robision at the National League of Cities Annual Leadership Summit in Boston they cannot move ahead with that agenda item with only five council members present; therefore, it should be pulled from the agenda and the hearing continued to the September 8, 2005 council meeting.

Mayor McAlister also announced that representatives from two of Cary ’s sister cities, Markham , Canada , and Hsinchu City , Tawian, were present at the meeting and should be recognized; therefore recognition of those delegations was added as item C.2 under Recognitions, Reports, and Presentations.

ACTION: Mrs. Robinson moved to approve the amended agenda (as outlined above by pulling item F.1 from the agenda and by adding item C.2). Mr. Smith provided the second, and council granted unanimous approval.

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B.   CONSENT AGENDA

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, which is item H on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on August 11, 2005 . (Town Council)

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

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b.   Consideration of approval of the tax report adopted by the Wake County Commissioners on August 3, 2005 . (Mr. Bill Coleman)

August 9, 2005

The Wake County Board of Commissioners, in regular session on August 3, 2005 approved and accepted the enclosed tax report for the Town of Cary .  

It is hereby submitted for your approval.

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

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c.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing to be conducted on September 22, 2005 for annexation 05-A-16. The property is owned by M&R Pet Doc, LLC, is located 400 feet east of the intersection of Cary Glen Boulevard and Carpenter Fire Station Road, contains 1.32 acres, and is associated with site plan 05-SP-094 (Carpenter Animal Hospital). (Mr. J. W. Shearin)

Annexation Petition Number:  05-A-16
Property Address:  0 Fire Carpenter Station Road
Wake County Parcel Number:  0735048233
Real ID Number:  0022045
Petition Date:  8/1/2005

Proposed Effective Date:  9/22/2005

MEETINGS:
Town Council – Certificate of Sufficiency:   8/25/2005
Staff Recommendation:   Forward to public hearing on 9/22/2005
Town Council – Public Hearing:  9/22/2005

OWNERS:
M&R Pet Doc, LLC
105 Breezemere Court
Apex , NC   27502

LOCATION:
400 feet east of the intersection of Cary Glen Blvd. and Carpenter Fire Station Road

ZONING & PROPOSED USE:
Current Zoning: Office & Industrial Conditional Use (OICU)
Acreage:  1.32 plus 0.00 adjacent right of way =  1.32 total acres
% Contiguity:  33.3%
Corporate Limits:  Contiguous
Proposed Use:  Office & Institutional (O&I)
Associated Rezoning Case:  None
Associated Development Plan:  05-SP-094 ( Carpenter Animal Hospital )

UTILITIES:
Water:  On Site
Sewer:  8" PVC 1,300' northeast

DISTRICTS & TAX VALUE:
Fire District:  Morrisville
Voting District:  A
Tax Value:  $44,700.00

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

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

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2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the beginning of the land development discussion portion of the agenda, which is item F on this agenda)

a.   Rezoning 05-REZ-07 (Herndon Property, Office and Institutional)
The properties are located at 2404 Highway 55 (Tract 1) and 123 Bright Beginning Way (Tract 2) and contain 4.17 acres. Tract 1 is currently zoned Residential 40; Tract 2 is currently zoned Office and Institutional Conditional Use. The request proposes to rezone Tract 1 to Office and Institutional and to delete an existing condition concerning access to Highway 55 on Tract 2. (Ms. Angela Reincke)

TOWN OF CARY CASE MANAGER
Angela Reincke, Senior Planner
Phone:  (919) 462-3942
angela.reincke@townofcary.org

STAFF RECOMMENDATION

Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 (E)) and recommends approval.

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.

PLANNING & ZONING BOARD ACTION

Concerns discussed by the Board included:

• Future access locations and Department of Transportation approval of access;
• Congestion and median requirements for Highway 55; and
• The purpose behind the original condition to not allow access to Hwy 55.

Staff responded that the original rezoning condition for restricted access was because the property did not have direct access to Hwy 55.  Staff has spoken with staff at the Department of Transportation and has discussed options for a future access location.  Although a final location will be determined with site plan approval there was support for an access along Hwy 55 in the location of this property, possibly restricted to right in right out due to the Town’s Transportation plan showing Hwy 55 as a five lane median divided road.

The Planning and Zoning Board voted unanimously (10-0) to recommend approval of the request.

CHANGES SINCE PUBLIC HEARING

There have been no changes since the public hearing.

TOWN COUNCIL PUBLIC HEARING

Several speakers discussed the following issues:

• Additional development in the area from currently vacant land
• Impact on traffic from additional development of this site
• Access information to Highway 55
• Environmental and water runoff to adjacent parcels
• Increased accidents and crime

ORIGINAL ZONING CONDITIONS

EXISTING CONDITIONS (97-REZ-11):        

1)The use is conditioned to be a daycare center as permitted in the O&I district.

2)Access for the site will be from Lewey Drive - no access will be permitted from NC Hwy 55.

PROPOSED CONDITONS (05-REZ-007):

1)The use is conditioned to be a daycare center as permitted in the O&I district.

2)Access for the site will be from Lewey Drive - no access will be permitted from NC Hwy 55.

APPLICANT
Leon W. Herndon, Sr.
6828 Turner Creek Road
Cary , NC 27519
(919) 367-0389
FAX (919) 367-0906
Herndony2k@aol.com

OWNER
Leon W. Herndon, Sr.
6828 Turner Creek Road
Cary , NC 27519
(919) 367-0389
FAX (919) 367-0906
Herndony2k@aol.com

LOCATION
2404 Highway 55
123 Bright Beginning Way

PROJECT DESCRIPTION

The request is to rezone Tract 1 to Office and Institutional Conditional Use.  There is also a request to remove a condition on Tract 2 that currently restricts access from Highway 55.

APPLICANT’S JUSTIFICATION STATEMENT

Currently located inside Wake County and without the provisions of water and sewer, this property is located adjacent to an existing daycare facility which is owned by us, inside the Town of Cary with the provisions of water and sewer.  Our existing five-star daycare facility has been successful in its current location and will continue to operate at this location but we have a need to expand these programs and services in response to the interest of our present and future clients. We are currently operating at or near capacity in most of our classes with a waiting list in others.

As a part of this annexation and rezoning request we are also requesting an amendment to our original rezoning and annexation request for Bright Beginnings of Cary, Inc.  (PIN #0733871314, Real ID # 0259556).  Our amendment request is for the removal of special condition # 2 of Case 97-REZ-11, prohibiting access to this daycare center from Highway 55.  This additional access to our expanded campus will not only be of benefit to our patrons but to security and emergency vehicles if needed.

Approval of these requests for annexation, rezoning and access will enable us to become even more effective in fulfilling our mission as one of the best daycare providers serving our community throughout the Triangle area.

PLANNING

Comprehensive Plan Analysis
The proposal complies with the Land Use Plan.  No amendment is required.

Parks and Greenways
There are no parks or greenways proposed for this site based on the Parks, Recreation and Cultural Resources Facilities Master Plan.

Transportation Planning
Per the Town’s Comprehensive Transportation Plan, NC 55 is to have an ultimate 4 lane median divided cross section with wide outside lanes to accommodate bicyclists and sidewalk on both sides.

ENGINEERING

Environmental Considerations
The project is located in the Jordan Lake watershed and will be required to meet the Reservoir Watershed Protection Ordinance of the Town of Cary .  The project will be required to meet the nitrogen requirements of the Town of Cary .

Utilities (Water and Sewer)
Town of Cary provides public water and sewer to the daycare facility.   This proposal will allow both tracts to have direct access to public water and sewer. 

Traffic Impact Analysis
The additional 1.55 acres of office use does not generate the required 100+ peak hour trips for a traffic impact study.

ACTION: Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

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3.   Planning and Development Committee, August 18, 2005 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Roseland)

a.   Consent Agenda

(1)     Mt. Zion Missionary Baptist Church – Request Waiver of Sidewalk Construction (EN06‑011)
Committee unanimously recommended waiving the requirement to install sidewalk along street frontages.

Mt. Zion Missionary Baptist Church , proposed to be located in the northwest quadrant of Chapel Hill Road and NW Maynard Road , is requesting a waiver from installing sidewalk along their frontage of Allen Lewis Drive and Lake Drive .  Please see the attached letter 

Allen Lewis Drive (connects roundabout to roundabout – see attached activity center concept plan) and Lake Drive are both classified as collector streets.  Town Standards require sidewalk on both sides of collector streets.  The Northwoods Townhome development is installing a multi-use trail on their side of Allen Lewis Drive and sidewalk on both sides of Lake Drive from the proposed roundabout to Evans Road .  The church owns property on both sides of Lake Drive from the roundabout westward, so would be required to install sidewalk on both sides of Lake Drive as part of their site development.  They would also be required to install sidewalk on the north side of Allen Lewis Drive as part of site development.

Changes to the Comprehensive Transportation Plan are underway and propose a recommendation to remove the collector road designation from Lake Drive . The staff report went to the Planning & Development Committee on July 14^th; it was forwarded to Town Council with a recommendation to approve a Public Hearing, tentatively scheduled for August 25th, followed by a Planning and Zoning Board public hearing tentatively scheduled for September 19th. Barring any delays, final approval of the amendments should occur on October 20th at the Town Council meeting.

Based on staff’s separate recommendation to remove the collector road designation from Lake Drive , staff supports the church’s request not to install sidewalk on the north side of Lake Drive , but feels that it should be installed on the south side of Lake Drive adjacent to the church.  Furthermore, based on the activity center concept plan, staff feels that the multi-use trail on the south side of Allen Lewis Drive is sufficient for pedestrian access within the activity center due to proposal of only the church and approximately 15 single family lots on the north side of Allen Lewis Drive .

Fiscal Impact:  none

Staff Recommendation:  Staff recommends waiving the requirement to install sidewalk on the north side of Lake Drive and the north side of Allen Lewis Drive as part of the Mt. Zion Missionary Baptist Church site development.

June 30, 2005

To:        Mr. Tim Bailey
            Town of Cary

From:    Robyn Simpson
            Mt. Zion Missionary Baptist Church
            105 Gray Street , Cary , NC 27513

Re:  Waiver to build sidewalk along Allen Lewis Drive Collector Road and Lake Drive

Dear Mr. Bailey,

I am writing on behalf of Mt. Zion Missionary Baptist Church to request a waiver to build 5 feet of sidewalk on the church’s side of the Allen Lewis Drive collector road and also to build sidewalk along Lake Drive .  Chas. H. Sells has submitted a site plan for Portrait Homes to build an 8 foot multi use trail on the townhome side of the Allen Lewis Drive collector road. We feel this would be adequate sidewalk for multiple use along this road. The church does not wish to encourage multiple use traffic along its side of the collector road nor along Lake Drive .  Mr. Wallace’s desire is not to encourage either pedestrian or vehicular traffic along Lake Drive .

In addition, Mt. Zion and Sells feel a “landing strip” appearance would be created if a total of 13 feet of sidewalk were built on both sides of Allen Lewis Drive . Last, the church does not want to incur the additional cost to build this sidewalk because we will paying an exorbitant cost to build the infrastructure at this NW Quadrant.

We would appreciate your consideration of our waiver request and look forward to your written response. If you have any questions, please contact me at (919) 623-4994 (cell).

Respectfully Submitted,

Robyn Simpson
Church Administrator

cc:  Pastor Willie Harris Jr.,
      Elders
      Brian Van Horn, PMSP, Inc.
      Bob Benfield

ACTION:  Ms. Dorrel moved to approve the consent agenda; Mrs. Robinson provided the second; council granted unanimous approval.

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(2)     St. Charles Place – Request to Reduce Maynard Road Median Width (EN06‑020)
Committee unanimously recommended accepting a payment-in-lieu for the difference in cost between the required 18 foot raised median and the 8 foot monolithic island for the St. Charles Place/Maynard Road frontage.

This waiver request was first presented to the Planning and Development Committee at the May 19, 2005 meeting and was tabled by the committee at the applicant’s request.  At that time, staff did not recommend approval of the request.  The body of the original staff report (EN05-133) follows:

Staff has received a letter from the St. Charles Place Development consultants, Chas H. Sells, requesting to reduce the median width and delete landscaping in the median along the project frontage.  St. Charles Place is a non-residential development currently under construction in the southeast quadrant of N. Harrison Avenue and NE Maynard Road .  Please refer to the attached letter which outlines the basis for the request.

Staff does not feel that the benefit of avoiding disruption to traffic flow to overlay the asphalt, outweighs the benefit of constructing the full width, landscaped median as required by the Town’s Comprehensive Transportation Plan.  Furthermore, staff feels that varying from the Transportation Plan requirements in this location would set the tone for median variances for future private development widenings along this section of Maynard Road .

After further discussion with NCDOT and the applicant, who has proposed to make a payment-in-lieu for the difference in cost between the 18’ raised median as required by the Town’s Transportation Plan and the 8’ monolithic island as currently proposed, staff feels that the applicants’ request is justified.  Because of a recent NCDOT policy change, the St. Charles Place developer would additionally be required to asphalt overlay the entire 6 lane section (instead of milling the existing markings and re-striping) due to the 18’ wide median installation.  Please see the attached letter from the applicant’s consultant.

Fiscal Impact:  The design has already been done for the 18’ wide median, and the payment-in-lieu by the applicant will cover cost of median construction at today’s unit prices.  Building this median at a later time will cost somewhat more than the payment in lieu because of the effects of inflation.  In addition, when the Town makes this improvement, it will also incur the cost of the asphalt overlay; the engineer’s current estimate for the overlay is $57,145.73.

Staff Recommendation:  Staff recommends that Town Council accept a payment-in-lieu for the difference in cost between the required 18’ raised median and the 8’ monolithic island currently proposed for the St. Charles Place Maynard Road frontage.

July 27, 2005

Ms. Tammy Spivey
Town of Cary Engineering Department
Town Hall Campus, Building B
318 North Academy Street
Cary NC 27511

SUBJECT:         Maynard Road Widening – St. Charles Place Development
                        Waiver Request – Median Design Change, CHS Project No.: 01408.003

Dear Ms. Spivey:

On behalf of the developers of St. Charles Place office development, we request a waiver in the median design from an 18 foot back to back dimension raised median to a temporary 8 foot width monolithic island for the section of Maynard Road that is being widened due to the St. Charles Place Development. The purpose of this request is to provide relief from significant additional cost resulting from a policy change by NCDOT that would require milling and asphalt overlay of the full 6-lane section adjacent to the near side widening for the St. Charles Place development, because NCDOT no longer allows milling of existing striping. The 8 foot monolithic median will provide an alternative acceptable to NCDOT until such time the Town or others would improve the balance of Maynard Road to the ultimate section consisting of a 6 lane median divided section. The developer would make a fee in lieu payment to Town for the difference in cost between the 18 foot raised median and the 8 foot monolithic island. Should the Town prefer to install the 18 foot raised median at this time, the developer would request the Town fund the milling and asphalt overlay work items required by the NCDOT policy change.

Issues for consideration that are relevant to this request include the following items:

1.   The developers of St. Charles Place have incurred significant cost to date constructing off-site improvements including acquiring right-of-way from the Bank of America property and installing a new signal mast arm at the intersection of Harrison and Maynard Roads.

2.   The pavement for this section of Maynard Road was recently milled and replaced and is therefore in excellent shape.

3.   This monolithic island would be consistent with other existing monolithic islands at the Harrison and Maynard Road intersection.

This request would not affect the back to back dimension set in the Town of Cary Transportation Plan , therefore the full pavement width for the thoroughfare section will be provided with this waiver.

We would like to bring to the Town’s attention that the developers of St. Charles Place have willingly taken on off-site intersection improvements to assist the Town in providing traffic improvements at the Harrison Avenue and Maynard Road intersection. Also, the additional cost of the milling and overlay would provide significant additional financial burden that was not included in the project budget when this project was initiated.

A cost opinion for the milling, overlay, and pavement markings is attached.

I appreciate your consideration of our request. Please call me to discuss any questions you may have on the above matter.

Sincerely,

Chas. H. Sells, Inc.
C. Ross Massey, P.E.
Manager of Civil Engineering Services

ORIGINAL REQUEST

May 4, 200 

Ms. Tammy Spivey
Town of Cary Engineering Department
Town Hall Campus, Building B
318 North Academy Street
Cary NC 2751 

SUBJECT:         Maynard Road W