Cary

Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Mike Joyce, Jennifer Robinson, Julie Robison and Nels Roseland

Mayor McAlister annouced that agenda item C.4., 06-REZ-17, has been withdrawn by the applicant and may be removed from this agenda.

ACTION: Mrs. Robinson moved to approve the agenda as amended. Mayor Pro Tem Smith provided the second. Council granted unanimous approval.

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 May 25, 2006; the minutes of the quality of life work sessions held on May 15, 2006 and May 22, 2006; and the minutes of the budget work session held on May 23, 2006. (Town Council)

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda in its entirety. Mr. Joyce provided the second, and council granted unanimous approval.

b. Consideration of appointment of Joy Wayman to the Planning and Zoning Board to fill an unexpired term (term expires 2/1/2009). (Town Council)

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda in its entirety. Mr. Joyce provided the second, and council granted unanimous approval.

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 E on this agenda)

a. Rezoning Petition 06-REZ-04, Laurel Park Planned Development District Amendment
Consideration of an ordinance to rezone land. The property is located at 2450 Laura Duncan Road, and contains approximately 38 acres. The current zoning is Planned Development District; the request is to amend the range of permitted uses by adding schools as an alternate use. Staff and the Planning and Zoning Board recommended unanimous approval. This item was pulled from the May 11, 2006 council meeting agenda at the applicant’s request and scheduled for the May 25, 2006 meeting. After that meeting, the applicant requested that the item instead go to the June 8, 2006 council meeting. In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan. (Mr. Ricky Barker)

The property is zoned Planned Development District (PDD) - allowable uses are single-family and townhouse development

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.

The property is located at 2450 Laura Duncan Road, southeast of the intersection of Laura Duncan Road and Old Apex Road.

B. Traffic Impact Analysis
A revised Traffic Impact Analysis (TIA) to include the school has been conducted by Town of Cary traffic consultant, Martin Alexiou Bryson, dated April 4, 2006.The study recommends:

2. Bus and parent drop off access off of main access road for the potential school and residential development is needed.

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.

At the public hearing concerns were expressed about the type of school that may be located on a portion of the site. A nearby resident was concerned that the site could be used by for a high school. Based on information from Wake County Schools, this site is approximately 18 acres and does not meet the size requirements for a high school.

The applicant has modified the planned development to add an alternative master plan which shows the specific area that may be used for a school. The applicant has also modified some of the requirements to clarify language, remove wording that exempts the planned development from future code changes regarding buffers, and provides for a buffer for the recreation site if it is constructed.

At its April 17^th meeting, the Board voted 10-0 to recommend the adoption of the ordinance to approve the amendment as presented for the following reasons:

· the request is consistent with the Comprehensive Plan and its Vision Element to assist with the provision of schools

Rezoning 06-REZ-04
TO ADOPT
Motion #1
(Required Council Statement for adopting any zoning amendment)

This proposed map amendment is consistent with the recommendations and other elements of the Comprehensive Plan and is reasonable and in the public interest based upon the information contained in the staff reports and P&Z recommendation.

[vote]

Motion #2
(To amend zoning map)

To adopt the ordinance amending the zoning map by amending the Laurel Park Planned Development District as set forth in associated document and map dated April 6, 2006 as referenced in the Ordinance.

[vote]

TO DENY
Motion #1
(Required Council Statement for rejecting any zoning amendment)

This proposed map amendment is/is not consistent with the recommendations and other elements of the Comprehensive Plan and is/is not reasonable and in the public interest because

[vote]

Motion #2
(To Deny Amendment to Zoning Map)

To deny the ordinance amending the zoning map.

[vote]

The purpose of a rezoning 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.

(Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town):

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.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 38.00 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF LAURA DUNCAN ROAD AND OLD APEX ROAD.

Section 1. The Official Zoning Map is hereby amended by rezoning from Planned Development District to Planned Development District Amendment (subject to those conditions set forth in Sections 2, 3 and 4 of this ordinance) the area described as follows:

Section 2. That the rezoning from Planned Development District to Planned Development District Amendment is hereby authorized subject to all the requirements and provisions set forth in the Laurel Park Plan Development document dated April 6, 2006.

Section 3. This property will be perpetually bound to the uses authorized and subject to such conditions imposed within the document referenced above, unless subsequently changed or amended as provided for in the Cary Land Development Ordinances.

Section 4. Any violations or failure to accept and abide by any conditions and use limitations imposed herein shall be subject to the remedies provided in the Cary LDO.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda in its entirety. Mr. Joyce provided the second, and council granted unanimous approval.

b. Site Plan 06-SP-023, The Learning Experience Child Development Center
The property is located at 6001 Davis Drive at the Southwest Intersection of Davis Drive and Leonard Christian Road. The plan proposes a one-story, 12,000 square foot day care center located on 2.06 acres. The applicant is requesting a reduction in the required western 20 foot wide buffer to a 10 foot wide buffer and to reduce the amount of required parking from 60 spaces to 55 spaces (an 8.33% reduction). Staff and the Planning and Zoning Board recommend unanimous approval. (Mrs. Debra Grannan)

Summary: The plan proposes a one-story, 12,000 square foot day care center located on 2.06 acres. The applicant is requesting a reduction in the required western 20 foot wide buffer to a 10 foot wide buffer and to reduce the amount of required parking from 60 spaces to 55 spaces (an 8.33% reduction).

LOCATION OF PROPERTY: The property is located at 6001 Davis Drive at the Southwest Intersection of Davis Drive and Leonard Christian Road.

TOWN OF CARY CASE MANAGER:
Debra Grannan, Senior Planner
Debra.Grannan@TownofCary.org
Phone: (919) 460-4980

PLANNING & ZONING BOARD – May 15, 2006
Action: Recommended unanimously for approval.

Land Use Plan Compliance: The Land Use Plan designates this site as Office and Institutional. The site plan is in compliance with the Land Use Plan.

The applicant advises that due to recent road widening and required right of way dedications on Davis Drive the area of the site has been reduced by approximately half an acre. The applicant also indicates that stormwater management requirements also significantly impact the buildable area. In order to make an effective use of the site, the applicant is requesting a reduction to the perimeter landscape buffer between this site and the adjacent property the applicant has requested consideration of a reduction in the western 20 foot buffer width to 10 feet and to reduce the required amount of parking from 60 spaces to 55 spaces, an 8.33% reduction in parking.

NEIGHBORHOOD CONCERNS: The applicant has been working directly with the adjacent property owner to the west where the reduction in the buffer is proposed. Staff has talked with the property owner, Mrs. Baker, directly and she seems very satisfied with type of proposed use and the associated site plan. In addition, the applicant has been working with the adjacent property owner to the south and the real estate broker for the property owner north of Leonard Christian Road to acquire the necessary easements for the project.

Landscaping: Bio-retention areas will be sufficiently screened and the streetscape and perimeter buffers would be landscaped according to town standards and requirement. The plans also proposed to save a significant stand of existing trees in the southern half of the property. Virginia Pine saplings will be intermittently planted in the streetscape in all areas not impacted by overhead power lines. A fence with evergreen foundation plantings will be provided between the day care site and the adjacent residential property.

Building Elevations: The plans comply with Cary’s architectural design guidelines.

Parking: Excluding the proposed reduction in parking from 60 spaces to 55 spaces, the plan complies with all other parking design requirements.

1. A draft Traffic Impact Analysis (TIA) was prepared by Town traffic consultant HNTB dated January 2006.

2. The applicant is addressing the left turn stacking issues during the morning peak on Leonard Christian Road between Davis Drive and the Driveway into the site.

3. The applicant intends to widen Leonard Christian Road to the ultimate 44' pavement section which includes a center turn lane and complies with the Town of Cary's 2025 Transportation Plan.

The applicant will be required to provide for a shared access drive by providing the drive completely on the day care site with a cross access/parking lot stub to the adjacent property meets ordinance requirements and is acceptable. The Planning staff has made recording a cross access easement a condition of site plan approval.

The project is addressing stormwater concerns with the use of bio retention areas. The site straddles the Neuse River watershed to the north and the Jordan Lake watershed to the south. The southern bio retention area is to address nitrogen production and suspended solids for watershed protection purposes. The two bio retention areas on the north side in the streetscape buffer address nitrogen production only and help the project get below the target of 10 LB/AC/YR.

The Planning and Zoning Board asked for a verification of the distance of the Baker residence from the property line for this site plan. That distance is 80 feet.

Staff recommends approval of the proposed reduction in the western 20 foot buffer width to 10 feet for the following reasons:

1) The adjacent residential property is planned for Office and Institutional in Cary’s Land Use Plan and will most likely be rezoned in the future.

2) The reduced 10 foot wide buffer would match what would be required when the adjacent property develops for a non-residential use.

3) The applicant intends to widen Leonard Christian Road to the ultimate 44’ pavement section which includes a center turn lane and complies with the Town of Cary’s 2025 Transportation Plan.

The applicant has worked with the adjacent property owner to provide additional landscaping on the adjoining property and the applicant is installing an opaque fence with evergreen planting.

Staff also recommends granting a reduction of 8.33% in the parking. The land development requires the applicant to provide four vehicle spaces in a stacking lane. These are not normally counted as parking spaces. Because this day care center requires parents to enter the facility to drop off and pick up children, these spaces could be used toward the parking count to offset the reduction in spaces.

The site plan as presented to the council as background material prior to the meeting is attached to and incorporated in these minutes as Exhibit.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda in its entirety. Mr. Joyce provided the second, and council granted unanimous approval.

3. Planning and Development Committee, May 25, 2006 (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 F on this agenda) (Mr. Roseland)

a. Mimi’s Café – Request for Waiver of Thoroughfare Improvements (EN06-136)
Committee unanimously recommended approval of a request to waive requirements for thoroughfare improvements under the condition that the right-of-way necessary to meet Comprehensive Transportation Plan requirements be dedicated at no cost to the Town along with necessary construction easements for any future widening.

Planning and Development Committee, May 25, 2006

Mimi’s Café – Request for Waiver of Thoroughfare Improvements (EN06-136)
Consideration of a request to waive road widening requirements associated with the Mimi’s Café development plan

From: Tim Bailey, P.E., Engineering Director
Prepared by: Tammy Spivey, Engineer
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager

Please refer to the letter herein from Neuhoff Taylor Architects, P.C. dated May 11, 2006.

The applicants would like to change their request from a complete waiver of thoroughfare improvements. They are still requesting a waiver from widening Walnut Street, but propose to dedicate the additional right-of-way necessary to meet Comprehensive Transportation Plan requirements at no cost to the Town. Stipulating that the dedication would be at no cost to the Town means that they are forfeiting their right to enter into a Developer Agreement. Since a Developer Agreement provides for offsets to Transportation Development Fees, without such an agreement, the developer would pay the entire Transportation Development Fee, estimated to be $31,248.

The developer has also agreed to grant any necessary construction easements at no cost to the Town should the Town proceed with a Walnut Street widening project in the future.

Staff’s original recommendation remains the same, that Town Council require widening and right-of-way dedication in conformance with the Land Development Ordinance and Comprehensive Transportation Plan requirements.

Mimi’s Café is proposing to construct a new building within the existing Cary Towne Center Mall parking lot between the Wachovia Bank and Jared’s Galleria of Jewelry on Walnut Street. Please refer to the attached map.

Per Town Ordinance, whenever a property is developed/redeveloped, the owner of the property is required to widen the adjacent roadway and dedicate any additional right-of-way along the project frontage to comply with the Town’s Comprehensive Transportation Plan. In this particular case, the owner would be required to remove existing curb and gutter and sidewalk, add approximately 16’ of pavement, and then install new curb and gutter and sidewalk. Walnut Street is approximately 65’ back-to-back (2 lanes in each direction with a raised concrete median) along this property frontage, but is required to have an ultimate 102’ back-to-back cross-section (3 lanes each direction with a landscaped median) per the Town’s Comprehensive Transportation Plan. In addition, it appears from the Town’s MapInfo system that approximately 15’ of additional right-of-way would be needed in order to comply with the Plan.

Mimi’s Café developers are requesting a waiver from widening Walnut Street due to the financial hardship it would pose on the project, making the project unfeasible. The developer’s have agreed to dedicate the additional right-of-way (approximately 15’) needed to meet the Comprehensive Transportation Plan requirements. Please refer to the attached letter from Neuhoff Taylor Architects, P.C.

Town Council approved accepting a payment-in-lieu of road widening from the adjacent Wachovia Bank in November 2002, however, the bank building was existing. The change to the site that necessitated a development plan, and subsequently road widening and right-of-way dedication, was the addition of a drive thru lane. Staff supported Wachovia’s payment-in-lieu request due to the very minor nature of their proposed site improvements.

Staff feels that the additional lane along the Mimi’s Café frontage would provide benefit to our citizens because it would serve as an exclusive right turn lane into the main mall entrance until the full 6-lane section is constructed.

Fiscal Impact: An estimate of $346,508 was provided by Neuhoff Taylor Architects. If the developer is not required to widen Walnut Street as part of site development, this would be a cost the Town would bear should the Town widen Walnut Street in the future.

Staff Recommendation: Staff recommends that Town Council require widening and right-of-way dedication in conformance with our Land Development Ordinance and Comprehensive Transportation Plan requirements.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda in its entirety. Mr. Joyce provided the second, and council granted unanimous approval.

b. Olde Carpenter Townhomes – Request for Payment-in-lieu of Road Improvements and Variance of Street Design (EN06-143)
Committee unanimously recommended accepting a payment-in-lieu of sidewalk and street light installation. The request for a variance in street design was modified just prior to the meeting, and the committee tabled this question until the next meeting to allow staff time to review the modified request.

Planning and Development Committee, May 25, 2006

Olde Carpenter Townhomes – Request for Payment-in-lieu of Road Improvements and Variance of Street Design (EN06-143)
Consideration of accepting a payment-in-lieu of sidewalk and street light installation and consideration of allowing an alternative street end design

From: Tim Bailey, P.E., Engineering Director
Prepared by: Tammy Spivey, Engineer
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager

The developer of Olde Carpenter Townhomes, a development proposed to be located in the northeast quadrant of Morrisville Parkway and Carpenter Upchurch Road is requesting to make a payment-in-lieu of Carpenter Upchurch Road improvements. In this case, the payment would only include costs associated with sidewalk and street lighting since sufficient pavement exists and curb and gutter is not required. Please refer to the attached May 2, 2006 letter from Chas H. Sells.

In addition, the developer is requesting a variance from installing a cul-de-sac at one street end within the development. Streets within the development are proposed to be private. Town Standards require that private streets meet public design standards; therefore, a cul-de-sac is required at the end of the street. The developer is proposing a “Y” design as shown on the attached drawing.

Based on the justification provided in the attached letter, staff supports the payment-in-lieu request. Based on a meeting with Public Works, the “Y” design is not suitable for the type of vehicles our Public Works Department uses for trash, recycling and leaf pick-up; therefore, staff can only support the request for a “Y” design if the following three conditions are met and included in a deed restriction:

· The developer must provide a dumpster(s) for the development; there will be no trash or recycling pick-up by the Town;

Please note that staff constantly receives requests from developers to install something other than a cul-de-sac to end a street, especially in townhome developments, in order to maximize units. If current standards are upheld, requiring the installation of a cul-de-sac, most developments would “lose” 1 to 2 units per cul-de-sac. If developers choose to provide an alternate design as proposed above and agree that the development would not receive Public Works and Utilities services, staff feels strongly that the Town will receive complaints from the tax paying homeowners of that development who do not receive the same level of public services as the rest of their Cary neighbors.

Fiscal Impact: The requested road configuration for Olde Carpenter Townhomes would require the use of a 3-person solid waste crew instead of a one-person crew. A 3-person crew costs $70,000 more per year than a one-person crew. On a pro-rated per household basis, it costs about $25 per year more to use the three-person crews. The current 3-person crews are very close to maximum capacity. When an additional crew is required, additional capital costs will also be incurred. These figures do not include additional workman’s compensation claims that arise due to the more dangerous work environment inherent in the three-person crew process.

Staff Recommendation: Staff recommends that Town Council allow a payment-in-lieu for Carpenter Upchurch Road improvements. Staff further recommends that Town Council require a standard cul-de-sac be installed at the street end, denying the request for an alternative street end design.

ACTION: Mayor Pro Tem Smith moved to approve the consent agenda in its entirety. Mr. Joyce provided the second, and council granted unanimous approval.

1. Budget Public Hearing
Public hearing on the proposed Fiscal Year 2007 Budget. Council may hear from the public. No council action is required at this meeting. Council will consider adoption of the budget at the June 22, 2006 council meeting. (Mr. Bill Coleman)

Ms. Erin Callahan of Big Brothers and Big Sisters of the Triangle stated they provide mentors for children in the community, primarily serving single parent homes to provide additional adult role models. She encouraged the council to approve their non-profit funding request.

Ms. Regenia Sanders of the White Oak Foundation requested that the council fund their non-profit budget request to benefit their youth program.

Mr. Robert Hunter of the Triangle Wind Ensemble requested that the council fund their non-profit budget request.

Mr. Steve Cohen of the Cary EMS requested that council fund them at the same level as last year instead of approving the currently proposed reduction.

Ms. Janet Littlejohn of Triangle Alano requested that the council fund their non-profit budget request.

Ms. Linda Orndt of Triangle Radio Reading Service requested that the council fund their non-profit budget request.

Ms. Vickie Maxwell, board member of Interact, introduced the executive director, Adam Hartzell. Mr. Hartzell requested that the council fund their non-profit budget request.

Mr. David Bench of Crimestoppers requested that the council fund their non-profit budget request.

Mr. Ken Bobbitt, a Cary resident, encouraged council to do the following: (1) provide funds to help hide the US1/64 wall; (2) provide funds to spruce up the wooden fences along Cary Parkway; (3) maintain the bike rike requirements; (4) provide public art to enhance the community; (5) continue to construct and maintain greenways; (6) provide suitable places for bicyclists; (7) do not allow more than two real estate signs.

Mr. John Barbara, a Cary resident, commended Interact for their community work. He complimented Town Manager Bill Coleman on the budget message, and he urged the Town to do a better job with publicizing this message to Cary citizens.

Mayor McAlister closed the public hearing. He announced that June 20 has been set aside if another work session is needed, and the council will take action on the budget at the June 22 council meeting.

2. Rezoning 06-REZ-15, Greystone Planned Development District Amendment
The property is located at the intersection of Green Level to Durham Road and Green Level Church Road and contains approximately 197 acres. The request is to amend the current zoning conditions. Council may refer this item to the August 21, 2006 Planning and Zoning Board meeting. (Mrs. Debra Grannan)

Conformity with Land Use Plan Designation: Yes. There is no change requested to the land use plan designation.

Location: Intersection of Green Level to Durham Road and Green Level Church Road

PARCEL & OWNER INFORMATION

PARCEL & OWNER INFORMATION

PARCEL & OWNER INFORMATION