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Cary Town Council Meeting Minutes Thursday, January 26, 2006 Council Chambers 316 N. Academy Street, 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) Mayor
McAlister called the meeting to order at _________________________ 2.
Ceremonial Opening (Mr.
Roseland) Mr.
Roseland provided the ceremonial opening. _________________________ 3.
Adoption of agenda
(Town Council) Mayor
McAlister proposed the following changes to the agenda: ·
Addition of agenda item B.1.c.: Consideration
of a request to allow Congressman David Price to use the council chambers
on the evening of ·
Deletion of agenda item B.2.a: Round 6 Land Development
Ordinance amendment. Staff has requested that this track with the Alston
development-related items. ACTION:
Mayor Pro Tem Smith moved to adopt the agenda with the above changes as
suggested by Mayor McAlister. Mrs. Robinson provided the second. Ms.
Dorrel asked for clarification on why the Round 6 LDO amendments are being
pulled from this agenda. Mayor McAlister stated due to the Round 6
association with the Alston development and the fact that it is not
imperative that this ordinance be passed tonight, the staff informed him
that it would be better to delay this item until the Alston issue is
settled. ACTION:
Vote was called for on the motion to approve the amended agenda. Ms.
Dorrel voted “no.” All others voted “aye.” The motion carried by
majority vote. _________________________ B.
CONSENT AGENDA Item
B.1.b.(3), annexation 06-A-04, was pulled from the consent agenda for
discussion. Refer to agenda item G.1. for the discussion about this item. 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 G
on this agenda) a.
Consideration of approval of the minutes of the regular town
council meeting held on ACTION:
Mayor Pro Tem Smith moved to approve the consent agenda (except item
B.1.b.[3]). Mrs. Robinson provided the second, and council granted
unanimous approval. _________________________ b.
Consideration of adoption of
certificates of sufficiency and resolutions calling for public hearings to
be conducted on (1)
06-A-02: The property is
located at the intersection of Annexation
Petition Number: 06-A-02 Proposed Effective Date:
Dellking
Family LLC G
& G Cary Storage LLC
ZONING & PROPOSED USE: Proposed Use: Residential UTILITIES: Water:
On Site ACTION:
Mayor Pro Tem Smith moved to approve the consent agenda (except item
B.1.b.[3]). 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)
06-A-03: The property is
located 2,500 feet northwest of Annexation Petition Number: 06-A-03 Proposed Effective Date: Hubert
E. Roberts Family Farm LLC
ZONING & PROPOSED USE: Proposed Use: Residential UTILITIES: Water:
30" DIP 4,7900' south ACTION:
Mayor Pro Tem Smith moved to approve the consent agenda (except item
B.1.b.[3]). 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.) _________________________
This
item was pulled from the consent agenda for discussion. See item G in
these minutes for discussion and disposition. _________________________ c.
Consideration of a request to allow Congressman David Price to use
the council chambers on the evening of (NOTE:
This item was added to the agenda at the beginning of the meeting.) ACTION:
Mayor Pro Tem Smith moved to approve the consent agenda (except item
B.1.b.[3]). Mrs. Robinson provided the second, and council granted
unanimous approval. _________________________
This
item was removed from this agenda and will be scheduled to come back to
council with the Alston plan items. _________________________ C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS 1.
Presentation of prizes to
winners of the Oasis camel coloring contest and the raffle winner. (Mr.
Joyce) Mr.
Joyce and Finance Director Karen Mills awarded prizes and certificates to
the winners. _________________________ D.
PUBLIC HEARINGS 1.
Annexations a.
05-A-33: The property is located at the intersection of Annexation Petition Number: 05-A-33 Proposed Effective Date:
Highway
54 Partners LLC 130
Edinburgh South, LOCATION: APPLICANT
JUSTIFICATION: Requesting
annexation into the corporate limits of the Town of Acreage:
78.23 plus
0.00 adjacent right of way = 78.23
total acres UTILITIES:
Water:
16" DIP 8,070 northeast b.
05-A-36: The property is
located at 3300, 3320 and 3328 Annexation Petition Number: 05-A-36 Proposed Effective Date:
UTILITIES:
Mr.
Travis Morehead stated he represents the applicant for 05-A-33. He stated
they have had a pre-application conference with staff to share a proposal
being considered by the applicant. He stated this proposal is a large lot
single-family subdivision that will utilize the Residential-40 zoning
district and the subdivision cluster design provision that will allow 50
percent of the site to remain as common open space and remain undisturbed.
(05-A-33):
Mr. Terry Heath asked why there is no posting about the public hearing for
the community to recognize that it is occurring. He asked why the N&O
would run an article two weeks prior to the meeting regarding Cary not
annexing any properties in Chatham County, but yet this annexation is on
tonight’s agenda. He stated (05-A-33):
Mr. Kent Shackelford asked why (05-A-33):
Mr. Chris Widmann voiced his disapproval for annexing this property. He is
opposed to (05-A-33):
Ms. Kay Roberts requested that council deny this annexation. She stated it
is non-contiguous, it is almost a mile from other (05-A-33):
Mr. Larry Ballas stated he recently heard from one council member that
this type of annexation is good, because the more people (05-A-33):
Mr. Don Schoppe stated he moved from (05-A-33):
Ms. Bettie Toma asked the council to deny this request. She does not want
to be a part of (05-A-33):
Ms. Sally Kost stated there was not adequate public notice of this
annexation. She stated the Town should post the land being requested for
annexation. She stated she understands that the Town met the legal posting
requirements by including an ad in the Cary News; however, she
stated that (05-A-33):
Mr. Robert Sears stated that change is inevitable, and he stated the plan
for this property is to make as much money as possible. He stated this
annexation will impact (05-A-33):
Mr. Patrick Barnes, a Chatham County Commissioner, stated their Board sent
(05-A-33):
Mr. Brian Kluchar stated there is a portion in (05-A-33):
Ms. Kristen Casper is a No
one else came forward to speak, and Mayor McAlister closed the public
hearing. ACTION:
Mr. Roseland moved to approve 05-A-36; Mayor Pro Tem Smith 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.) Mayor
McAlister asked staff to respond to the questions that the public asked
regarding 05-A-33 during the public hearing: posting requirements,
development plan associated with the annexation, necessity to connect to
Town services if in an adjacent but unannexed tract, and the requirements
to utility connections if annexed in the future. He noted that the N&O
article is outside the Town’s control. Mrs.
Robison also wants staff to address the question about there being a
requirement that the landowner must submit a plan prior to being annexed. Mr.
Shearin of the planning staff stated the Town does not post property being
considered for annexation. He added that this is not required by state law
or Town ordinance. He stated the Town is required to provide notice in a
local paper of general circulation, and the Town complied with this
request by advertising in the Cary News. He stated if there had
been an associated rezoning, then staff would have posted the property
being considered for rezoning. He stated in response to the involuntary
annexation question, typically the property owner submits a voluntary
annexation petition to request annexation. He stated this is generally
driven by a development plan or a request for public utilities. He stated
in regards to the annexation, rezoning and land use issue, the Town’s
ordinance allows a property owner to request annexation without rezoning;
if there is not an associated rezoning, then the Town applies the
appropriate zoning either based on the current zoning in Chatham County or
the current development pattern in the area – whichever is deemed the
most appropriate for future land use in the area. He stated it is not tied
to a specific plan. He stated in this particular situation if the
annexation is approved, then the Town would designate the land as
Residential-40, which is a single family category that would require
40,000 square foot lots (minimum) on a development plan. Mrs.
Robison asked the criteria used by staff to come up with the
Residential-40 (R-40) designation. Mr. Shearin stated presently land in Mrs.
Robison would prefer to explore an alternative default zoning, because it
is a sensitive setting. Mr. Shearin stated that Mr.
Roseland asked about sewer options to serve the site. Mr. Steve Brown of
the engineering staff stated the nearest public sewer is in the Copperleaf
development. He stated the west Mr.
Roseland asked if a conservation overlay designation would require
rezoning. Mr. Shearin stated the property is in the Ms.
Dorrel stated this is not the right time to approve this annexation. ACTION:
Ms. Dorrel moved to deny annexation 05-A-33. Mrs. Robison provided the
second. Mrs.
Robison stated the purpose of her second to the motion is to allow Ms.
Dorrel the opportunity to comment on the motion, but she wants the record
to reflect that it does not imply that she supports the motion. Ms.
Dorrel stated the problem is that there is no joint plan in place. She is
not willing to move forward without a plan. She is concerned that the land
is non-contiguous, and there are only vague assurances about how the land
might be developed. She stated she is not opposed to delaying this item,
but she understands that council may only delay it for six months, which
does not allow sufficient time to develop a joint plan. Mr. Shearin
clarified that the council may table the case, and then delay action to a
later date and still have six months from that later date. ACTION:
Ms. Dorrel withdrew her motion, and Mrs. Robison withdrew her second. Mayor
Pro Tem Smith stated he recalls from the resolution that Mrs.
Robinson stated the southwest area plan to the east of this property is
designated as rural, and Note 18 that accompanies it speaks about no less
than 80,000 square foot lots. She stated the conservation very low density
property is on the eastern side of the rural designation, and it also
speaks about 80,000 square foot lots. She believes the council should
consider the base zoning for this area. She supports tabling this item to
give staff the opportunity to understand the appropriate zoning for this
area to comply with the southwest plan. She pointed out that the Mr.
Joyce stated he understands the passion of the ACTION:
Ms. Dorrel moved to table annexation 05-A-33 until staff brings it back to
clarify the base zoning. Mr. Roseland provided the second. Mrs.
Robison asked if Ms. Dorrel is willing to further define the motion to
include the direction to staff to come back with zoning that is compatible
to surrounding zoning. Mr.
Shearin stated R-40 is the standard in Mr.
Roseland stated he wants to table the request, because he understands that
a conservation overlay cannot be applied to this property without a
rezoning. He stated the rezoning and annexation need to be processed
simultaneously. Mr. Shearin stated there is a clustering option under the
R-40 designation, which allows a developer to set aside land – not to
exceed the density under R-40 – and do smaller lots. He stated this
would allow the developer to save the balance of the area for
conservation. However, he stated this is a development option (not a
requirement) through the subdivision process, after the land is annexed
and designated R-40. Mayor
McAlister asked for clarification to ensure the motion to table does not
preclude it coming back to council with an R-80 zoning or with a
conservation overlay district attached to it. Mr. Roseland also asked for
clarificaton to ensure that when it comes back to council there could be a
specific subdivision plan tied to the annexation. Mr. Shearin commented
that this can happen. Mrs.
Robison hopes that it comes back with a base zoning or a clear plan that
includes some consultation with the adjacent property owners. ACTION:
Ms. Dorrel withdrew her motion based on the conversation in these minutes;
Mr. Roseland withdrew his second. ACTION:
Ms. Dorrel moved to deny the annexation. The motion failed for lack of a
second. ACTION:
Mr. Roseland moved to table 05-A-33 indefinitely until it is tied to
either a long range plan,a subdivision plan or a rezoning to allow the
council to see the whole package together. Mrs. Robison provided the
second. Mr.
Joyce would prefer to handle this annexation tonight and direct that the
subdivision plan come back to council. He is opposed to delaying this item
for a process to occur that has not even begun yet. He asked when the next
meeting with Mr.
Philip Smith of the planning staff stated the |