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Cary Town Council Minutes Thursday, August 10, 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, 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. Roseland)
Mr. Roseland provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
ACTION: Mr. Roseland moved to adopt the agenda as prepared. Mrs. Robison provided the second. Council granted unanimous approval.
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B. CONSENT AGENDA (click on this link to see the full text minutes for the all consent agenda items, including all staff reports)
The council pulled items B.2.a. (06-CPA-05) and B.4.j. (dynamic message signs).
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
b.
Consideration of approval of the
3.
Planning and Development Committee,
a.
deVintage Subdivision Riparian Buffer (EN07-009)
b.
c.
Neighborhood Improvement
Program Matching Grant
(PL06-054)
4.
Operations Committee,
a.
b.
Utility Service to the Mills Farm
Subdivision (EN07-008)
c.
NCDOT Request to Close a Portion of
d.
NCDOT Request to Close a Portion of
e.
Request to Close a Portion of Right of Way of
f.
Condemnation Resolutions for the Fire Station 7 Sewer Project
(EN07-016)
g.
Employee Health Improvement Project (HR07-01)
h.
Request to Sell Real Property via Upset Bid – 1.32 acre Portion
of Horton PDD (PR07-04)
i.
Revisions to the Fats, Oils, and Greases Control Program
(PWUT07-04)
k.
Highcroft Drive Traffic Calming (EN07-015) _________________________
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
Recognition of Town employee Donald Smith as the recipient of the 2006 H.W. Kueffner Award. (Mayor McAlister)
Mayor McAlister recognized Mr. Donald Smith for receiving this award.
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D. PUBLIC HEARINGS
1.
Rezoning 06-REZ-19, McCrimmon Corners Resubmittal
1. Background Information
Existing Zoning: Office, Research, and Development (ORD)
Requested Zoning: Residential Multi-Family – Conditional Use (RMF CU) Conformity with Land Use Plan Designation: No. Comprehensive Plan Amendment 06-CPA-06 is requested with this case.
Acreage: Approximately 16.80
Location: Southeast corner of McCrimmon Parkway and Koppers Road
Applicant: Matthew Danielson Land Acquisition Manager Beazer Homes, Inc. 5811 Glenwood Avenue, Suite 200 Raleigh, NC 27612 (919)881-9350
Applicant’s Contact: Beth Lewis Chas. H. Sells, Inc. 15401 Weston Parkway, Suite 100 Cary, NC 27513 (919) 678-0035
Town of Cary Case Manager: Debra Grannan, Senior Planner (919) 460-4980
debra.grannan@townofcary.org 2. Summary of Requested Rezoning
The applicant has submitted the following proposed zoning conditions: 1. The property will be limited to townhome use, the attendant parking, and an amenity center. 2. The property will be limited to 134 units.
A. Transportation Future Roadway Section: 4-lane median divided road, 110’ ROW on McCrimmon and Koppers Schedule: Not currently scheduled Sidewalk Requirements: sidewalks required on both sides of McCrimmon and Koppers Bicycle Requirements: 14’ wide outside lane required on both McCrimmon and Koppers Transit Requirements: Bus shelter or pull-out required
B. Traffic Impact Analysis: The request represents a down zoning and no traffic study is required.
C. Parks & Greenways: According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a neighborhood park is recommended in close proximity to this site. According to the Open Space and Historical Resources Plan (OSHRP) the 13.8 acre parcel is shown as Potential Open Space.
A payment in lieu will be required for the value of parkland dedication of 3.37 acres will be required to meet the Land Dedication Ordinance; The PRCR Advisory Board will review this project at its October 2, 2006 meeting.
3. Reference Information
Meeting Schedule: Town Council Public Hearing Date: August 10, 2006
Planning & Zoning Board: Date: October 16, 2006
Town Council Action: Date: November 9, 2006
Applicant’s Justification Statement Submitted (April 24, 2006) (Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary):
How is the proposed request reasonable? In explaining how it is reasonable, please address the following, if applicable:
The requested Land Use Plan and zoning map amendments are reasonable and appropriate for the area for the following reasons:
How are all allowable uses with the proposed rezoning compatible with, or how do they relate to uses currently present on adjacent tracts? The property currently has a Land Use Plan designation of Office and Institutional, and a zoning map designation of Office, Research, and Development. These uses would permit a range of office, manufacturing, and commercial uses on the property, uses not typically seen as compatible with the surrounding neighborhood. A town home section of Carpenter Village and a single family residence are located to the south of the property, to the east is a neighborhood of single family residences within the Town of Morrisville, and to the north and west are existing single family residences and a neighborhood soon to be constructed that will house both town homes and single family residences. At one time, much of the surrounding area had Land Use Plan and zoning map designations that called for office and research uses, but the area has slowly changed and has been developed in a residential manner. To amend the Land Use Plan and zoning map to the requested medium density residential categories would permit development that is more compatible with the surrounding neighborhood than the existing designations. On the whole, the planned town home development is far more compatible with the manner in which the area has developed than the current Land Use Plan and zoning map designations would allow.
Schools The
school information is being provided for your review; however, the Wake
County
Current Enrollment and Building Capacity is based on the 20th day of the school year for 2005-2006 as supplied by the Wake County Public School System. School assignment will be determined at the time of development.
*The Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. For example a site with 134 two-bedroom units could yield 27 additional students, while 134 three bedroom units could yield 100 students. The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment. At Rezoning, student yield can not be accurately determined due to unknown variables.
Development Plan Issues
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 the rezoning 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.
The power point presentation is attached to and incorporated as Exhibit.
Ms. Beth Lewis, on behalf of the applicant, stated this request brings the zoning of the parcel into alignment with the comprehensive plan. She stated this request will facilitate the development of a townhome community of no more than eight units per acre, which is comparable to the Carpenter Village townhome development to the south of this site. She outlined the conditions (herein). She stated 50-foot streetscapes will be provided along Koppers and McCrimmon Roads. A 40-foot Type A buffer will be provided along the eastern property line that abuts the Wexford neighborhood. Buffers ranging from 10 to 20 feet will be provided along the southern property line. She stated the subdivision entrance locations will be determined at the site plan review stage. She stated the final location of Koppers and McCrimmon Roads is currently under review, and that decision will determine the location of the entrances and the internal circulation of the site. She stated roadway improvements, including pedestrian circulation, will be determined at the site plan stage. She stated no reductions or modifications to the Land Development Ordinance are proposed. She stated a neighborhood meeting was held before the land use plan amendment was submitted, and they mailed notification to the entire Wexford neighborhood as well as all other property owners within 600 feet of the property lines of this tract. She stated a common thought of the adjacent property owners was that a residential use, as planned, was preferable to the office, research and development use, which would be permitted under the current zoning designation.
No one spoke, and Mayor McAlister closed the public hearing.
Mrs. Robison asked for information about which roads are in Cary vs. Morrisville. Mrs. Grannan pointed out the Cary roads on the power point presentation map. She stated the applicant is required to make road improvements for their frontage of the 4-lane median divided roadway (McCrimmon Parkway). Mr. Bailey of the engineering staff stated Morrisville has already widened along their adjacent development and the shopping center on the northern side. He stated anything in Morrisville will be Morrisville’s responsibility. He added that a traffic study will be done to determine level of service as part of the development plan.
Mrs. Robinson asked about the proposed amenities (i.e., community space, pool, etc.). Mrs. Lewis stated the zoning permits a community center, pool, club, etc., for the residents of the property. She stated one of the plans they’re working on includes an amenity center, including a pool. Mrs. Robinson asked if they intent to stub this development to the townhomes in Carpenter Village. Mrs. Lewis stated the site plan for the Carpenter townhomes does not include a stub to the north to this property.
ACTION: Referred to the October 16, 2006 Planning and Zoning Board meeting
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2.
Comprehensive Plan Amendment 06-CPA-08, Silverton
1. Background Information
Current Comprehensive Plan Designation: Office/Institutional (OFC/INS) Requested Comprehensive Plan Designation: High Density Residential (HDR)
Acreage: Approximately 5.88
Location: Intersection of NW Cary Parkway and Evans Road – (The property is located at the end of Geyer Court. Geyer Court is located northeast of Evans Road, approximately 450’ southeast of the intersection of Evans Road and NW Cary Parkway.)
Applicant: Glenda Toppe Jerry Turner and Associates, Inc 905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150
Town of Cary Case Manager: Philip E. Smith, Comprehensive Planning Manager 316 N Academy Street, Cary, NC 27513 (919) 469-4029
philip.smith@townofcary.org 2. Summary of Requested Comprehensive Plan Amendment
A. Transportation NW Cary Parkway Existing Roadway Section: 3 lanes with a median tapering down to 2 lanes without a median, 106’ right-of-way (ROW) Future Roadway Section: 4 lanes with a median, 112’ ROW Schedule: N/A Sidewalk Requirements: Both sides Bicycle Requirements: Wide outside lanes (WOL) Transit Requirements: None
B. Traffic Impact Analysis: The proposed residential use will generate less traffic volume than the existing Office and Institutional uses. Therefore, no traffic impact study is required for this amendment. A traffic impact study may be required for site plan.
C. Parks & Greenways: According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the following park and greenway facilities are required within this project:
The PRCR Advisory Board will review this project at its October 2, 2006 meeting.
3. Reference Information
Meeting Schedule: Date: August 10, 2006
Planning & Zoning Board: Date: September 18, 2006
Town Council Action: Date: October 12 or 26, 2006
Applicant’s Justification Statement Submitted (July 24, 2006) (Please note that the following statement is that of the applicant and does not necessarily represent the views or opinions of the Town of Cary):
1. Describe how the requested amendment is warranted due to changes in conditions, forecasts or assumptions since the original Comprehensive Plan recommendations were developed? The original Comprehensive Plan designated office for this tract. The Plan reflected the use adopted for the Silverton PDD. Since that time, the Town has designated Silverton as a neighborhood activity center overlay district that permits the use proposed. According to the Town Land Use Plan a neighborhood activity center should have approximately 250,000 square feet of non-residential floor space, divided approximately equally between office and commercial uses. There should be at least 1 residential unit for every 100 square feet (sf) of non-commercial floor space. Within Silverton, the office use component has already been met with over 145,000 sf of office uses. While there are no commercial uses developed at this time, there are more than 21 acres of vacant land within the activity center designated for commercial uses. Given these figures, the proposed use is reasonable. There will be less traffic generated with the proposed town homes and the use is compatible with the adjacent Windbrooke town homes.
2. Describe how the requested amendment is warranted due to new issues, needs, or opportunities that have arisen in this geographic area since the original Comprehensive Plan recommendations were developed? This property is now located in an overlay district that allows the use proposed. The activity center lies adjacent to the Weston area, a major employment center for the Town. The proposed use will provide housing in close proximity to this employment center thus reducing the frequency and length of trips and associated traffic.
3. Describe how the requested amendment is warranted due to changes in Town policies, objectives, or standards since the original Comprehensive Plan recommendations were developed? The adoption of the overlay district by the Town of Cary since the original Planned Development was approved now encourages mixed use and provides for the opportunity to request residential town homes through the Mixed Use Sketch Plan process. This request does that.
4. Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan? The amendment is warranted due to changes in the Town’s development regulations. The proposed use is also consistent with development patterns in the area.
Mr. Roseland announced that he has investment property and a financial interest adjacent to this area, and he asked to be recused from this item and next item.
ACTION: Mayor McAlister moved to recuse Mr. Roseland from this item and the next agenda item. Mrs. Robison provided the second, and council granted unanimous approval.
Staff’s power point presentation is attached to and incorporated in these minutes as Exhibit.
Mr. Jerry Turner, on behalf of the applicant, stated the original use for this property was residential, but it was changed to office in 1985 with the Silverton plan. He stated the Town encourages mixed uses in these areas and provides the opportunity to request residential development through the mixed use sketch plan process. He stated the staff determined that a comprehensive plan amendment is required in this situation. He stated the office component has already been met in Silverton, with over 145,000 square feet of office uses, and there are no commercial uses developed at this time but over 21 acres of vacant land is designated for shopping center. He stated based on this information, the proposed use is reasonable, as the comprehensive plan will still allow for a mixture of land uses in the area. He stated the proposed residential use will generate less traffic than the existing office use. He stated the activity center lies west of the Weston area, which is a major employment center for Cary, and the proposed use will provide additional housing for this employment center. He stated this would reduce the frequency and lengths of vehicle trips. He stated he has met twice with residents in the adjoining neighborhoods. He stated based on the protest petitions filed on the next case, it looks as though these residents would prefer office instead of residential. He is committed to working with the neighbors in hopes of reaching a consensus and obtaining their support.
Mr. Ronald McCollum, president of the Windbrooke Townhome Association, outlined the concerns of the residents of this homeowners association. See Exhibit for his written comments.
Mr. John Barbara stated people buy land with the knowledge of surrounding land use plan designations. He asked the purpose of the plans if the council is constantly changing them. He believes the plans should have more value and should dictate the land use.
No one else came forward to speak, and Mayor McAlister closed the public hearing.
ACTION: Referred to the September 18, 2006 Planning and Zoning Board meeting
(Mr. Roseland was excused from this item.)
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3. Mixed
Use Sketch Plan 06-MU-01, Silverton
Background Information An application has been submitted for approval of a Mixed Use Sketch Plan to construct 48 townhome units at the end of Geyer Court in Silverton Planned Development District (PDD). The proposed density would be 8.2 units per acre.
Existing Zoning Planned Development District (PDD)
Existing Overlay District: Silverton Mixed Use Neighborhood Overlay District
Conformity with Land Use Plan Designation: According to Cary’s Comprehensive Land Use Plan and the Silverton PDD Master Plan, the Mixed Use Sketch Plan proposes High Density Residential (HDR) development in an area currently designated for Office/Institutional (OFC/INS). A Comprehensive Land Use Plan amendment would be required to change the land use designation from Office/Institutional (OFC/INS) to High Density Residential (HDR). (See associated Comprehensive Plan Amendment 06‑CPA‑08.)
Location: Intersection of NW Cary Parkway and Evans Road – (The property is located at the end of Geyer Court. Geyer Court is located northeast of Evans Road, approximately 450’ southeast of the intersection of Evans Road and NW Cary Parkway.)
Adjoining Development The property is northeast of two office buildings and a daycare facility, southwest of Windbrooke Townhomes (95 units @ 6.33 du/ac), and southeast of Woodway Apartments (216 apartments @ 7.97 du/ac.)
Acreage: Approximately 5.88 acres
Applicant Odell Thompson 1105 Classic Road Apex, NC 27539 (919) 363-4111
Applicant’s Contact Person Glenda Toppe Jerry Turner and Associates, Inc. 905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150 gtoppe@jerryturnerassoc.com
Town of Cary Case Manager Debra Grannan, Senior Planner 316 N. Academy Street, Cary, NC 27513 (919) 460-4980 debra.grannan@townofcary.org
Transportation NW Cary Parkway Existing Roadway Section: 3 lanes with a median tapering down to 2 lanes without a median, 106’ right-of-way (ROW) Future Roadway Section: 4 lanes with a median, 112’ ROW Schedule: N/A Sidewalk Requirements: Both sides Bicycle Requirements: Wide outside lanes (WOL) Transit Requirements: None
Traffic Impact Analysis The existing Office/Institutional land use designation would generate higher traffic volumes than the proposed Mixed Use Sketch Plan for townhouse development. No Traffic Impact Study is required for Mixed Use Sketch Plan consideration. A Traffic Impact Study may be required for site plan approval.
Parks & Greenways According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the following park and greenway facilities are required within this project: · proposed Public Greenway is located along the northern and eastern property lines. A 30’ easement will be required to be dedicated and credited against the parkland dedication. · 6’ wide paved private connection will be required to any public greenway. · A parkland dedication of 1.37 acres (48/35) will be required to meet the Land Dedication Ordinance. The PRCR Advisory Board will review this project at its October 2, 2006, meeting.
Reference Information
Meeting Schedule: Town Council Public Hearing Date: August 10, 2006
Planning & Zoning Board: Date: November 9, 2006
Town Council Action: Date: December 14, 2006
Applicant’s Justification Statement Submitted (May 29, 2006) Please note that the following statement is that of the applicant. The statement has not been edited for accuracy of information and does not necessarily represent the views or opinions of the Town of Cary:
How is the proposed request reasonable? In explaining how it is reasonable, please address the following, if applicable:
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