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Cary Town Council Minutes Thursday, March 23, 2006 6:30 PM Council Chambers 316 N. Academy Street, Cary, N.C.
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)
Council member Michael Joyce provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
Mayor McAlister stated staff recommends adding the following item to this agenda as item F.1.: Consideration of conducting additional research as part of the 2006 Biennial Survey.
ACTION: Mrs. Robison moved to adopt the agenda as amended; Mayor Pro Tem Smith provided the second; council granted unanimous approval.
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B. CONSENT AGENDA
1. Consideration of approval of the minutes of the regular town council meeting held on March 9, 2006 and the minutes of the work session on the town center civics and cultural arts district study held on March 7, 2006. (Town Council)
ACTION: Mayor Pro Tem Smith moved to approve the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.
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C. PUBLIC HEARINGS
1.
Code Amendment
STAFF REPORT Operations Committee, March 1, 2006
Ordinance Amendment to Chapter 2, Article V, of the Code of Ordinances (TC06-008) Consideration of a request to call for a public hearing on March 23, 2006 to consider approval of an amendment to the Town of Cary Code of Ordinances Chapter 2, Article V, Boards, Commissions and Authorities Speaker: Karen Gray
From: Sue Rowland, Town Clerk Prepared by: Karen C. Gray, Deputy Town Clerk Approved by: William B. Coleman, Jr., Town Manager Approved by: Benjamin T. Shivar, Assistant Town Manager
Background
Due to the infrequency of meetings for the zoning board of adjustment, on January 12, 2006 a structure change was proposed for the board to decrease the number of members to eight (seven in Town members and one ETJ member) for 2006. Beginning in 2007 the board would be reduced to the statutory minimum of five members (four regular and one ETJ). This should be accomplished by natural attrition. A Change in the General Statutes regarding vacant and disqualified members also required a change in the voting provisions.
Also, since other boards and commissions might advise council on LDO matters, general conflict of interest language from the amended statutes has been added to Section 2-161 to apply to all boards and commissions. Conflict of interest language has further been added to Sections 2-164 planning and zoning board, 2-165 zoning board of adjustment, and 2-167 town center review commission.
North Carolina General Statues require that a public hearing be held prior to adopting or amending any ordinance affecting a planning board, board of adjustment or review committee. Therefore, in order to implement the proposed changes to the planning and zoning board, town center review commission, and zoning board of adjustment staff requests that a public hearing be held on March 23, 2006.
Additionally, a change has been made under Section 2-162 (d) appointment procedure notification to make consistent the notification to board members whose terms are expiring and those who have missed three meetings of the need to complete an application in order to be considered for reappointment or continuation of appointment. A change is also proposed to Section 2-172 utility board of adjustment to clarify that individual customer utility records that are not public records are protected as set forth in North Carolina state law, and to address the utility merger between the Town of Cary and the Town of Morrisville, so that board membership is changed to include the eligibility of Morrisville residents.
Finally, a typographical error has been corrected under Section 2-168 to change “arts” to art.
Fiscal Impact: N/A
Staff Recommendation: Set public hearing to be held on March 23, 2006 to amend Chapter 2, Article V, Boards, Commissions and Authorities, Sections 2-161, 2-164, 2-165, 2-167. Staff also requests that the proposed changes to Sections 2-162, 2-168 and 2-172 also be addressed at the same time as those requiring a public hearing. Staff further recommends that council take action on this item immediately following the public hearing.
This ordinance amends Chapter 2, Article V, of the Cary Code of Ordinances
Ordinance Amendment Town of Cary, NC
An Ordinance Amendment of the Town of Cary, North Carolina amending Chapter 2, Article V of the Cary Code of Ordinances, Boards, Commissions and Authorities, as follows:
ARTICLE V.
BOARDS, COMMISSIONS AND AUTHORITIES
Sec. 2-161. Appointment generally; terms.
(a) Definitions. For the purposes of this article, the word "board" shall mean and include any board, commission, committee, agency or similar group made up in whole or in part of nonelected appointees of the town council, whether established by general statute, charter, ordinance, resolution or otherwise.
(b) Use of provisions. The procedures established by this section are intended to be a flexible guide for use by the town council in the appointment and reappointment process to boards. Because of the need for flexibility, the town council may, by majority vote, decide to waive, vary, or otherwise modify the requirements of this section on a case-by-case basis. Unless otherwise required by North Carolina General Statutes, where any provision of this article conflicts with any provisions imposed elsewhere in the Code, the provisions of this article shall be deemed to be controlling.
(c) Terms. The terms of office of members of all boards shall be three years. Terms on all boards shall be staggered, with the terms of approximately one-third of the membership expiring each year, to the end that, insofar as is possible, there shall always be one or more members with experience on each board. The term of office of the chairperson of each board, to be appointed in all cases from the board's membership by the town council, shall be one year. All terms shall begin on February 1 next following appointment. All appointments to all boards, and all appointments of the chairperson of all boards, shall be made by the council as a whole, and neither the power to appoint nor the power to recommend persons for appointment shall be delegated to any board or to any committee of the council. No person shall serve on more than one board at the same time. A person shall normally serve no more than two consecutive full terms on the same board; however, the council may waive this requirement on a case-by-case basis.
(d) Conflicts of Interest. Members of appointed boards providing advice to the council on any amendment to the Town of Cary Land Development Ordinance shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(Code 1976, § 2-19; Code 1982, § 2-3; Ord. No. 77-37, 10-13-1977; Ord. No. 80-3, § 1, 1-24-1980; Ord. No. 94-001, 1-13-1994; Ord. No. 03-006, 5-22-2003) Charter References: Terms of commissions, committees and boards, § 3.16.
Sec. 2-162. Appointment procedure.
(a) Application. In order to be eligible for appointment to a board, a person must be an adult permanently residing inside town limits, unless otherwise expressly provided by law or ordinance, and file an application on a form provided by the town clerk, setting forth name, address, the name of the board to which appointment is desired, the qualifications of the applicant for the appointment and such other information as may be requested. The application may be accompanied by any additional written information that the applicant wishes the council to consider, other than letters of reference and petitions of others advocating the appointment. In order to be considered by the council, an application must be filed with the town clerk not later than December 1 next preceding the beginning of the term for which the appointment is desired. This subsection shall not apply to appointments to fill unexpired portions of terms to fill vacancies. For reappointment procedures, see section 2-161. No town employee shall be appointed to any board.
(b) Publication; posting. The town clerk shall cause a notice to be posted in one or more conspicuous locations at the town hall at all times during the months of September, October and November of each year. This notice shall specify the vacancies which will exist on boards, and will set forth the details of subsection (a) of this section regarding the application procedure and the deadline for receipt of applications for appointment.
(c)
Notification. During the month of
(d)
Distribution of applications. Copies of all applications received by the
town clerk by December 1 in a year shall be distributed during the month
of December to each council member
(e) Unexpired terms. The council intends to make appointments to fill unexpired portions of terms, created by vacancies, as expeditiously as needed. Further, the council recognizes that the urgency of filling such vacancies may vary depending upon the circumstances of the vacancy.
(f) Removal. All members of all boards shall serve at the pleasure of the town council, regardless of the terms for which appointed, and the town council may in its discretion at any time remove any members of any board for any reason, including inefficiency, neglect of duty, or malfeasance in office. (Code 1976, § 2-20; Code 1982, § 2-4; Ord. No. 77-37, 10-13-1977; Ord. No. 77-40, § 2, 10-27-1977; Ord. No. 79-2, § 1, 2-8-1979; Ord. No. 94-001, 1-13-1994; Ord. No. 03-006, 5-22-2003)
Sec. 2-163. Attendance at board meetings.
Although recognizing and appreciating the fact that members of the boards are generally citizen volunteers, the town council deems it essential that members of all town boards attend meetings regularly for the prompt and efficient transaction of town affairs. The staff liaison of each board shall maintain attendance records. The staff liaison shall forward a copy of this attendance record to the town clerk immediately following the final board meeting in the month of September of each year. The town clerk shall notify all members of all boards who have missed three or more meetings during the current calendar year that they must complete another application by December 1 if they wish to be considered by the town council for continuing service to finish their original appointed term. The town clerk will then provide each council member with a list of members who have missed three or more meetings during the current calendar year. Council will then vote to either allow these members to continue service or to replace them with other applicants. (Code 1982, § 2-5; Ord. No. 79-2, § 2, 2-8-1979; Ord. No. 91-6, § 1, 2-28-1991; Ord. No. 91-50, § 1, 12-12-1991; Ord. No. 94-001, 1-13-1994; Ord. No. 03-006, 5-22-2003)
Sec. 2-164. Planning and zoning board.
(a) Membership. The planning and zoning board shall consist of ten members. Eight members shall be appointed by the town council and shall reside within the corporate boundaries of the town. The other two members shall reside outside the corporate boundaries of the town but within the town's extraterritorial planning jurisdiction and be recommended by the town council for appointment by the Wake County board of commissioners. All members shall have equal rights, privileges, and duties regardless of whether the matter at issue arises within or outside of the town's corporate boundaries.
(b) Officers. The town council shall appoint one of the members to serve as the chairperson of the planning and zoning board. The planning and zoning board shall appoint such other officers as it may deem necessary and appropriate. One member shall be appointed as a member of and chairperson for the town center review commission. The board may also appoint subcommittees for the purpose of accomplishing its responsibilities.
(c) Compensation. The chairperson and members of the planning and zoning board may be compensated for their services as members of said board, in such amounts as the town council may determine.
(d) Meetings. The planning and zoning board shall hold at least one meeting per month, unless there is no business to come before the board in a given month, and such other regular or special meetings or hearings as the board deems necessary to conduct the business before it. All meetings and hearing of the board shall be open to the public.
(e) Rules and records. The planning and zoning board shall formulate and adopt the rules of procedure under which it will operate. The board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(f) Cooperation with other agencies. The planning and zoning board shall cooperate in all respects with the appropriate town boards, commissions, offices, and employees, including, but not limited to, the town council, the parks, recreation and cultural resources advisory board, zoning board of adjustment, the town center review commission, the public art advisory board, the town manager, staff departments, and other agencies of the town.
(g) Conflicts of Interest. Planning and zoning board members shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(h) Amending Section. Amendments to this Section 2-164 shall be in accordance with the procedures set forth in N.C.G.S. § 160A-364.
(Code 1982, § 2-6; Ord. No. 03-006, 5-22-2003) State Law References: Planning board authorized, G.S. 160A-361.
Sec. 2-165. Zoning board of adjustment.
(a)
Membership. For the 2006 calendar year t
(b) Officers. The town council shall appoint one member to serve as chairperson of the zoning board of adjustment. The zoning board of adjustment shall appoint such other officers as it may deem necessary and appropriate.
(c) Compensation. The chairperson and members of the zoning board of adjustment may be compensated for their services as members of said board, in such amounts as the town council may determine.
(d)
Alternate members. The town council may, in its discretion, appoint and
provide compensation for alternate members to serve on the board in the
absence or temporary disqualification of any regular
member or to fill a vacancy pending appointment of a member.
There shall be
(e) Meetings. Meetings and hearings of the zoning board of adjustment shall be held at such times as the board deems necessary to conduct the business before it. All meetings and hearings of the board shall be open to the public.
(f)
Oaths and witnesses. The chairperson, or
(g) Rules and records. The zoning board of adjustment shall formulate and adopt the rules of procedure under which it will operate. The board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions. Decisions on variances and appeals of administrative actions rendered by the board shall be recorded with the register of deeds in the county where the property subject to the decision is located.
(h) Cooperation with other agencies. The zoning board of adjustment shall cooperate in all respects with the appropriate town boards, commissions, offices and employees, including, but not limited to, the town council, the planning and zoning board, the parks, recreation and cultural resources advisory board, the town center review commission, the public arts advisory board, the town manager, staff departments, and other agencies of the town.
(i) Conflicts of Interest. A member of the zoning board of adjustment shall not participate in or vote on any quasi judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(j) Amending Section. Amendments to this Section 2-165 shall be in accordance with the procedures set forth in N.C.G.S. § 160A-364.
(Code 1982, § 2-7; Ord. No. 03-006, 5-22-2003) State Law References: Zoning board of adjustment, G.S. 160A-388.
Sec. 2-166. Parks, recreation and cultural resources advisory board.
(a) Membership and chairs. The board shall consist of ten members appointed by the town council, one of whom the town council shall designate as chairperson; one of whom the town council shall designate to serve as chairperson of the greenways committee; one of whom the town council shall designate to serve as chairperson of the cultural arts committee; one of whom the town council shall designate to serve as chairperson of the athletics committee; and one of whom the town council shall designate to serve as chairperson of the teen advisory committee. All members shall reside within the town.
(b) Other officers. The committee chairpersons may designate an alternate member from his/her committee to represent the committee on the board in his/her absence as necessary.
(c) Reimbursement for expenses. All members of the board shall serve without compensation, but may be reimbursed for expenses from funds allocated by the town council.
(d) Meetings. The board shall hold at least one meeting per month, unless there is no business to come before the board in a given month, and such other regular or special meetings or hearings as the board deems necessary to conduct the business before it. All meetings and hearings of the board shall be open to the public.
(e) Rules and records. The board shall formulate and adopt the rules of procedure under which it will operate. The board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(f) Cooperation with other agencies. The board shall cooperate in all respects with the appropriate town boards, commissions, offices and employees, including, but not limited to, the town council, the planning and zoning board, the zoning board of adjustment, the town center review commission, the public art advisory board, the town manager, staff departments, and other agencies of the town.
(g) Membership on parks, recreation and cultural resources department staff committees. The greenways committee, cultural arts committee, athletics committee, and teen advisory committee are staff advisory committees. The chairperson of each of these committees shall be a member of the parks, recreation and cultural resources advisory board and shall be appointed in this capacity by the town council as outlined in this chapter. All other staff advisory committee members shall be appointed by parks, recreation and cultural resources staff or the staff may delegate this responsibility to the parks, recreation and cultural resources advisory board. (Code 1982, § 2-8; Ord. No. 03-006, 5-22-2003)
Sec. 2-167. Town center review commission.
(a) Membership. The town center review commission shall consist of seven members appointed by the town council and shall reside within the corporate boundaries of the town. The membership of this commission shall be composed of at least two members with expertise in the areas of architecture, urban design, landscape architecture, engineering, planning, art, or other similar fields; at least one member who is a downtown business owner; at least one member who is a resident of the town center plan area; and at least one member who is a member of the planning and zoning board. If representation as described above cannot be achieved due to the applications received, the town council may make other appropriate appointments in keeping with the intent of this review commission.
(b) Officers. The planning and zoning board representative shall serve as the chairperson of the town center review commission. The town center review commission shall appoint such other officers as it may deem necessary and appropriate.
(c) Compensation. The chairperson and members of the town center review commission may be compensated for their services as members of said committee, in such amounts as the town council may determine.
(d) Meetings. The town center review commission shall hold at least one meeting per month, unless there is no business to come before the commission in a given month, and such other regular or special meetings or hearings as the commission deems necessary to conduct the business before it. All meetings and hearings of the commission shall be open to the public.
(e) Rules and records. The town center review commission shall formulate and adopt the rules of procedure under which it will operate. The commission shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(f) Cooperation with other agencies. The town center review commission shall cooperate in all respects with the appropriate town boards, commissions, offices, and employees, including, but not limited to, the town council, the planning and zoning board, the parks, recreation and cultural resources advisory board, the zoning board of adjustment, the public art advisory board, the town manager, staff departments, and other agencies of the town.
(g) Conflicts of Interest. Town center review commission members shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(h) Amending Section. Amendments to this Section 2-167 shall be in accordance with the procedures set forth in N.C.G.S. § 160A-364.
(Code 1982, § 2-9; Ord. No. 03-006, 5-22-2003)
Sec. 2-168. Public art
(a) Membership. The public art advisory board shall consist of nine members appointed by the town council and shall reside within the corporate boundaries of the town. The board shall be composed of representatives from local visual arts organizations, working artists, architects, private development interests, and the general public.
(b) Officers. The town council shall appoint one of the members to serve as the chairperson of the public art advisory board. The public art advisory board shall appoint such other officers as it may deem necessary and appropriate.
(c) Compensation. The chairperson and members of the public art advisory board may be compensated for their services as members of said board, in such amounts as the town council may determine.
(d) Meetings. The public art advisory board shall hold at least one meeting per month, unless there is no business to come before the board in a given month, and such other regular or special meetings or hearings as the board deems necessary to conduct the business before it. All meetings and hearing of the board shall be open to the public.
(e) Rules and records. The public art advisory board shall formulate and adopt the rules of procedure under which it will operate. The board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(f) Cooperation with other agencies. The public art advisory board shall cooperate in all respects with the appropriate town boards, commissions, offices, and employees, including, but not limited to, the town council, the planning and zoning board, the parks, recreation, and cultural resources advisory board, zoning board of adjustment, the town center review commission, the town manager, staff departments, and other agencies of the town. (Code 1982, § 2-10; Ord. No. 03-006, 5-22-2003)
Sec. 2-169. Economic development commission.
(a) Membership. The economic development commission shall consist of 12 members appointed by the town council. The board shall be composed of three members representing computer technology or biotechnology related companies, three members representing commercial building and development businesses, one member representing the Cary chamber of commerce, one member who is the Cary designate for the Wake County economic development commission, and four other members from the private sector or general public. All members must reside within the corporate boundaries of the town.
(b) Officers. The town council shall appoint one of the members to serve as the chairperson of the economic development commission. The economic development commission shall appoint such other officers as it may deem necessary and appropriate.
(c) Reimbursement for expenses. All members of the board shall serve without compensation, but may be reimbursed for expenses from funds allocated by the town council.
(d) Meetings. The economic development commission shall hold at least one meeting per month, unless there is no business to come before the board in a given month, and such other regular or special meetings as the board deems necessary to conduct the business before it. All meetings of the board shall be open to the public.
(e) Rules and records. The economic development commission shall formulate and adopt the rules of procedure under which it will operate. The board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(f) Cooperation with other agencies. The economic development commission shall cooperate in all respects with the appropriate town boards, commissions, offices, and employees, including, but not limited to, the town council, the town manager, staff departments, and other agencies of the town.
Sec. 2-170. Information services advisory board.
(a) Membership. The information services advisory board shall consist of ten members appointed by the town council. The board shall be composed of two members with special training or expertise in internet applications, development or design; two members with special training or expertise in marketing, advertising or public relations; and two members with special training or expertise in mass media such as radio, television, cable or newspaper and four other members from the private sector or general public. Members are appointed from within Cary's corporate limits or its extraterritorial jurisdiction.
(b) Officers. The town council shall appoint one of the members to serve as the chairperson of the information services advisory board. The information services advisory board shall appoint such other officers as it may deem necessary and appropriate.
(c) Reimbursement for expenses. All members of the board shall serve without compensation, but may be reimbursed for expenses from funds allocated by the town council.
(d) Meetings. The information services advisory board shall hold at least one meeting per month, unless there is no business to come before the board in a given month, and such other regular or special meetings as the board deems necessary to conduct the business before it. All meetings of the board shall be open to the public.
(e) Rules and records. The information services advisory board shall formulate and adopt the rules of procedure under which it will operate. The board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(f) Cooperation with other agencies. The information services advisory board shall cooperate in all respects with the appropriate town boards, commissions, offices, and employees, including, but not limited to, the town council, the town manager, staff departments, and other agencies of the town.
Sec. 2-171. Sister cities commission.
(a) Membership. The sister cities commission shall consist of 11 members appointed by the town council. All members must reside within the corporate boundaries of the town.
(b) Officers. The town council shall appoint one of the members to serve as the chairperson of the sister cities commission. The sister cities commission shall appoint such other officers as it may deem necessary and appropriate.
(c) Reimbursement for expenses. All members of the board shall serve without compensation, but may be reimbursed for expenses from funds allocated by the town council.
(d) Meetings. The sister cities commission shall hold at least one meeting per month, unless there is no business to come before the board in a given month, and such other regular or special meetings as the board deems necessary to conduct the business before it. All meetings of the board shall be open to the public.
(e) Rules and records. The sister cities commission shall formulate and adopt the rules of procedure under which it will operate. The board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(f) Cooperation with other agencies. The sister cities commission shall cooperate in all respects with the appropriate town boards, commissions, offices, and employees, including, but not limited to, the town council, the town manager, staff departments, and other agencies of the town.
Sec. 2-172. Utility board of adjustment.
(a) Membership. The utility board of adjustment shall consist of five members, including alternates, appointed by the town council. All members must reside within the corporate boundaries of the town of Cary or Morrisville.
(b) Powers and duties. The utility board of adjustment shall have the following powers and duties, to be carried out in accordance with the terms of this section: To approve or deny requests for adjustment to billed water, sewer, reconnection, late payment penalty and/or meter testing fee based upon a determination that town policies were correctly or incorrectly applied.
(c) Officers. The town council shall appoint one of the members to serve as the chairperson of the utility board of adjustment. The utility board of adjustment shall appoint such other officers as it may deem necessary and appropriate.
(d) Compensation. The chairperson and members of the utility board may be compensated for their services as members of said board, in such amounts as the town council may determine.
(e) Meetings. The utility board of adjustment shall meet as the board deems necessary to conduct the business before it. All meetings of the board shall be open to the public except as necessary to protect individual customer utility records that are not public records from disclosure, as set forth in North Carolina state law.
(f) Voting. The concurring vote of a majority of the members of the board shall be required in order to approve a billing adjustment or to reverse or modify any order, requirement, decision or determination made by an administrative officer in carrying out or enforcing the terms of the town ordinance, policy, or procedure.
(g) Rules and records. The utility board of adjustment shall formulate and adopt the rules of procedure under which it will operate. The utility board shall keep minutes of its proceedings and discussions, showing the vote of each member upon every question, or his or her absence or failure to vote, and shall keep records of its resolutions, findings, recommendations, and other official actions.
(h) Cooperation with other agencies. The utility board of adjustment shall cooperate in all respects with the appropriate town boards, commissions, offices, and employees, including, but not limited to, the town council, the town manager, staff departments, and other agencies of the town.
Adopted: 3/23/06 Effective: 3/23/06
No one came forward to speak, and Mayor McAlister closed the public hearing.
ACTION: Mayor Pro Tem Smith moved to approve this item; Ms. Dorrel provided the second; council granted unanimous approval.
(Ordinance is also on file in the town clerk’s office.)
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2.
Rezoning 06-REZ-04, Laurel Park Planned Development District
Amendment
1. Background Information
Current: The property is zoned Planned Development District (PDD) - allowable uses are single-family and townhouse development
Proposed: Planned Development District Amendment The request would amend the list of permitted uses by adding schools as an alternate use in lieu of townhouse development. Currently only single-family and townhouse development is permitted within the Laurel Park PDD.
Acreage: Approximately 38.00
Location: The property is located at 2450 Laura Duncan Road, southeast of the intersection of Laura Duncan Road and Old Apex Road.
Owner: Laurel Park Assoc LLC 125 Hampton Pines Drive Morrisville, NC 27560
Representative: Glenda Toppe Jerry Turner and Associates, Inc 905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150
Town of Cary Case Manager: Bob Benfield, Senior Planner (919) 469-4045 bob.benfield@townofcary.org
2. Summary of Requested Rezoning
A. Transportation Existing Laura Duncan Road: 2-lane road with 60’ ROW Future Roadway Section: 4-lane median divided CIP & CIB: Not Included Sidewalk Requirements: Sidewalk required on both sides Bicycle Requirements: 14’ Wide Outside Lanes required
B. Traffic Impact Analysis A Traffic Impact Analysis (TIA) has been conducted by Town of Cary traffic consultant, Martin Alexiou Bryson, dated December 15, 2005. This study is being revised to include the school. The study recommends: 1. Improvements required by the Comprehensive Transportation Plan.
C. Parks & Greenways The Parks, Recreation and Cultural Resources Department recommend approval of a payment-in-lieu of the dedication of public park land. The approximate dedication value would be 8.57 acres if 300 residential units are built. A multi-use trail would be located along the east side of Laura Duncan Road along the property frontage.
3. Reference Information
Meeting Schedule Town Council Public Hearing Date: March 23, 2006
Planning & Zoning Board: Date: April 17, 2006
Town Council Action: Date: May 11, 2006
Applicant’s Justification Statement Submitted August 29, 2005: The approved PDD document does not allow schools as a permitted use. The amendment adds schools as a permitted use only where identified as an alternate use on the Master Plan. The existing Bespak facility is being proposed for an elementary school. Given the location of the Apex Town Park and the surrounding residential neighborhoods, this is an excellent location for a school.
Development Plan Issues The purpose of an activity center concept plan is to evaluate the appropriateness of this land use for these parcels of land. Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during this process. However, all of these development issues must be addressed for compliance with existing requirements spelled out in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.
Staff’s power point presentation is attached to and incorporated in these minutes as Exhibit A.
Mrs. Glenda Toppe of Jerry Turner and Associates stated no other conditions or requirements of the planned development document has been impacted, and the only proposed new condition is to allow a school.
Ms. Candy Pitcher questioned how quickly this amendment came about, although she is not opposed to a school. She was told that only an elementary school would be constructed on this site. She would not support any other school on this site other than an elementary school. She is glad no other changes to the conditions are being proposed.
Mr. Howard Wiley is in favor of the school and would prefer a traditional vs. year-round school.
No one else came forward to speak, and Mayor McAlister closed the public hearing.
Ms. Dorrel stated she received a call today from a citizen who is concerned about traffic impacts. She asked when these issues will be considered (rezoning or site plan), and she asked if the elementary school issue will be addressed. Mr. Barker stated the traffic study will be available on April 4 for staff and public review. He stated the applicant has not specified “elementary” school.
Mrs. Robison asked if the school will be a public school.
Mrs. Toppe stated the school is planned north of the road and would eliminate the townhomes on the north.
Mr. Tom Beebe, one of the property owners, stated the school system expressed interest in retrofitting the Bespak building, and they’ve entered into a contract with the school system for this purpose. He understands the school system will purchase it at the end of May. He stated it’s not big enough for a high school or middle school, and he understands that the school system has designated it for an elementary school.
Mrs. Robison asked if the contract stipulates elementary school, and she asked if there’s a reason why this shouldn’t be conditioned. Mr. Beebe stated the contract does not specify elementary school. He stated the school board must agree to a condition to specify “elementary” school. Mr. Beebe stated if in a few years they needed a 7th grade center, this condition would tie their hands.
Mr. Roseland asked if the collector road will require sidewalks. Mr. Bailey responded affirmatively and stated that sidewalks would be on both sides. He stated Talloway is not a collector street and for the most part there’s no sidewalk in the adjacent development because it was not part of the Town’s standards when it developed. He stated there could be future requests to install sidewalk, and staff would consider future requests based on the priority system.
ACTION: Referred to the April 17, 2006 Planning and Zoning Board meeting.
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3.
Annexations
a. 06-A-06: Property is located at 2128 High House Road and contains 2.65 acres. The associated development plan is 05-SP-145, Stone Creek Village site plan.
Annexation Petition Number: 06-A-06 Property Address: 2128 High House Road Wake County Parcel Number: 0744225423 Real ID Number: 0111637 Petition Date: 1/9/2006 Proposed Effective Date: 3/23/2006
MEETINGS: Town Council – Certificate of Sufficiency: 2/23/2006 Staff Recommendation: Forward to public hearing on 3/23/2006 Action: Forwarded to public hearing on 3/23/2006 Town Council – Public Hearing: 3/23/2006 Staff Recommendation: Adoption with an effective date of 3/23/2006
OWNERS:
Robert G. and Suzanne Rabon 1805 Bay Meadow Court Raleigh, NC 27615
LOCATION: At the intersection of Carpenter Upchurch Road and High House Road
ZONING & PROPOSED USE: Current Zoning: Planned Development District Major (PDD Major) Acreage: 2.19 plus .465% adjacent right of way = 2.65 total acres % Contiguity: 48.60% Corporate Limits: Contiguous Proposed Use: Residential Subdivision/Office Associated Rezoning Case: None Associated Development Plan: 05-SP-145 (Stone Creek Village
UTILITIES: Water: On Site Sewer: 8" PVC 30' east
DISTRICTS & TAX VALUE: Fire District: Morrisville Voting District: A Tax Value: $754,544
b. 06-A-07: Property is located 450 feet west of the intersection of Green Hope School Road and N.C. Highway 55 and contains 37.21 acres. The associated development plan is 05-SB-034, Highcroft Village subdivision plan.
Annexation Petition Number: 06-A-07 Property Address: Green Hope School Road Wake County Parcel Number: 0734760395 Real ID Number: 0063069 Petition Date: 1/11/2006 Proposed Effective Date: 3/23/2006
MEETINGS: Town Council – Certificate of Sufficiency: 2/23/2006 Staff Recommendation: Forward to public hearing on 3/23/2006 Action: Forwarded to public hearing on 3/23/2006
Town Council – Public Hearing: 3/23/2006 Staff Recommendation: Adoption with an effective date of 3/23/2006
OWNERS:
Highcroft Investors LLC P. O. Box 3557 Cary, NC 27519-3557
LOCATION: 450' west of the intersection of Green Hope School Road and NC 55 Highway
ZONING & PROPOSED USE: Current Zoning: Planned Development District Major (PDD Major) Acreage: 37.21 plus 0.00% adjacent right of way = 37.21 total acres % Contiguity: 39.18% Corporate Limits: Contiguous Proposed Use: Residential Subdivision Associated Rezoning Case: None | ||||||||||||||||||||||||||||