DRAFT (contact Town Clerk for official minutes; 919-469-4011; sue.rowland@townofcary.org)
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Cary Town Council Minutes Thursday, August 24, 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
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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 (Mayor Pro Tem Smith)
Mayor Pro Tem Smith provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
Mayor McAlister noted that the applicant has requested that council remove items F.1. (06-REZ-09) and F.2. (06-AC-01) from this agenda and reschedule them for the September 14, 2006 council meeting.
ACTION: Mrs. Robinson moved to adopt the amended agenda. Mr. Roseland provided the second.
Mayor Pro Tem Smith voiced his opposition to delaying these two items.
ACTION: Vote was called for on the motion to adopt the amended agenda. Mayor Pro Tem Smith voted “no.” All others voted “aye.” The motion carried by majority vote.
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B. CONSENT AGENDA
1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end 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 August 10, 2006. (Town Council)
ACTION: Mr. Roseland moved to approve the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.
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b. Consideration of approval of certificates of sufficiency and resolutions calling for public hearings on the following citizen initiated annexation petitions. (Mr. Ricky Barker)
(1) 06-A-14: The property is located 1,060 feet northeast of Green Hope School Road and Fryars Frontier Trail and contains 98.45 acres. The associated rezoning case is 06-REZ-03 (Fryar Planned Development District).
Annexation Petition Number: 06-A-14
D. Roscoe Fryar
LOCATION:
1,060' northeast of Green Hope School Road and Fryars Frontier Trail
UTILITIES:
MEETINGS: The documents that Council will consider for adoption at this meeting follow:
06-A-14 CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION
I, the undersigned Town Clerk of the Town of Cary, do hereby certify that I have investigated the sufficiency of Annexation Petition of
Fryar Family Limited
Partnership;
D. Roscoe Fryar;
as directed by the Town Council by resolution, and that my investigation reveals the following:
1. The signers of the Petition are the owners of the real property within the area proposed for annexation. 2. The area is contiguous to the municipal boundaries of the Town of Cary as defined by G.S. 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.
This 8/24/2006.
06-A-14 RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31
WHEREAS, the Town Council of the Town of Cary has received an annexation petition of
Fryar Family Limited
Partnership;
D. Roscoe Fryar;
requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary; and
WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary, North Carolina that:
Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 9/28/2006.
Section 2. The area proposed for annexation is described as follows:
LEGAL DESCRIPTION
Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of Cary, at least ten (10) days prior to the date of the public hearing.
ADOPTED 8/24/2006 .
ACTION: Mr. Roseland moved to approve the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.
(Resolution is also on file in the town clerk’s office.)
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(2) 06-A-29: The property is located at 2404 NC Highway 55 and contains 1.55 acres. The associated rezoning case is 05-REZ-07 (approved 8/25/2005).
Annexation Petition Number: 06-A-29
UTILITIES:
MEETINGS: The documents that Council will consider for adoption at this meeting follow:
06-A-29 CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION
I, the undersigned Town Clerk of the Town of Cary , do hereby certify that I have investigated the sufficiency of Annexation Petition of
Leon W. & Shirley W.
Herndon;
as directed by the Town Council by resolution, and that my investigation reveals the following:
1. The signers of the Petition are the owners of the real property within the area proposed for annexation. 2. The area is contiguous to the municipal boundaries of the Town of Cary as defined by G.S. 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.
This 8/24/2006 .
06-A-29 RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31
WHEREAS, the Town Council of the Town of Cary has received an annexation petition of
Leon W. & Shirley W.
Herndon;
requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary ; and
WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary , North Carolina that:
Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary , 316 N. Academy Street , Cary , N.C. at 6:30 p.m. on 9/28/2006 .
Section 2. The area proposed for annexation is described as follows:
LEGAL DESCRIPTION
ADOPTED 8/24/2006 .
ACTION: Mr. Roseland moved to approve the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.
(Resolution is also on file in the town clerk’s office.)
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(3) 06-A-30: The property is located 960 feet north of Mills Road and Green Level Church Road and contains 52.26 acres. The associated development plan is 06-SB-12 (Raley/Hilliard Tract @ Green Level, subdivision plan).
Annexation Petition Number: 06-A-30
Douglas R. & Dorothy A. Hilliard
Douglas R. Hilliard
LOCATION:
960' north of Mills Road and Green Level Church Road
ZONING & PROPOSED USE:
UTILITIES:
MEETINGS: The documents that Council will consider for adoption at this meeting follow:
06-A-30 CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION
I, the undersigned Town Clerk of the Town of Cary, do hereby certify that I have investigated the sufficiency of Annexation Petition of
Eugene
S. & Thelma M. Hilliard; Douglas R. & Dorothy A. Hilliard; Douglas R.
Hilliard;
as directed by the Town Council by resolution, and that my investigation reveals the following:
1. The signers of the Petition are the owners of the real property within the area proposed for annexation. 2. The area is contiguous to the municipal boundaries of the Town of Cary as defined by G.S. 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.
This 8/24/2006.
06-A-30 RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31
WHEREAS, the Town Council of the Town of Cary has received an annexation petition of
Eugene
S. & Thelma M. Hilliard; Douglas R. & Dorothy A. Hilliard; Douglas R.
Hilliard;
requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary; and
WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary, North Carolina that:
Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 9/28/2006.
Section 2. The area proposed for annexation is described as follows:
LEGAL DESCRIPTION
Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of Cary, at least ten (10) days prior to the date of the public hearing.
ADOPTED 8/24/2006. ACTION: Mr. Roseland moved to approve the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.
(Resolution is also on file in the town clerk’s office.)
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2. Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)
a.
Rezoning Petition 06-REZ-10, Carpenter Hatcher Planned Development
District Amendment
06-REZ-10 Carpenter Hatcher Planned Development District Amendment Staff Report to Town Council
Background Information
Requested Zoning: PDD Amendment
Existing Zoning: Residential 40 (R40)
Conformity with Land Use Plan Designation: Yes. This request conforms to the Medium Density Residential (MDR) land use plan designation.
Acreage: 1.18
Location: 2900 Carpenter Upchurch Road; east of Carpenter Upchurch Road and south of Morrisville Carpenter Road
Applicant: 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 Summary of Requested Rezoning
Transportation Future Roadway Section: Collector road, 60’ ROW Schedule: N/A Sidewalk Requirements: Required on both sides Bicycle Requirements: 14’ wide outside lane or 4’ striped bicycle lane Transit Requirements: Bus shelter or pull-out required
Traffic Impact Analysis: A Traffic Impact Study has been prepared by Town traffic consultant, HNTB, dated May 2005. No changes required.
Parks & Greenways: The applicant will be required to make a payment-in-lieu of parkland dedication for the value of 2.2 acres (77/35). Per the previous rezoning, the applicant has agreed to dedicate a 20’ wide greenway easement along the eastern edge of the PDD per the Parks, Recreation and Cultural Resources Facilities Master Plan. The Town also agrees to provide the applicant a credit against the required payment-in-lieu for the construction, to Town standards, of an approximately 1275’ greenway segment along the eastern side of the project. Both the Greenway Committee and PRCR Advisory Board have reviewed and approved these conditions previously.
Feedback at Town Council Public Hearing: There was no citizen feedback at the public hearing. The applicant was present and confirmed that the impact of adding 1.18 acres to this existing PDD was minimal. There was no discussion by Town Council on the case.
Changes since Town Council Public Hearing: The applicant modified the PDD document to include a 30’ Streetscape along Carpenter Upchurch Road.
Staff Observation on Rezoning Staff makes the following observations regarding this request: The requested zoning is consistent with the Cary Land Use Plan and the Carpenter Community Plan. The impact of adding 1.18 acre of land to the existing PDD is minor and the new area will be subject to conditions of the existing PDD, such as noise disclosure. Staff recommends approval of the PDD Amendment.
Planning and Zoning Board Recommendation: The Planning and Zoning Board unanimously recommended approval of the PDD Amendment
Town Council Motion Options: (Ordinances are at the end of this report)
Rezoning 06-REZ-10 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 from Residential 40 to Planned Development District Amendment as set forth in associated document and map as referenced in the Ordinance. [Vote]
TO
DENY [Vote]
Motion #2 To deny the ordinance amending the zoning map: [Vote]
Reference Information Meeting Schedule: Town Council Public Hearing Date: May 11, 2006 Action: Forwarded to the July 17, 2006 Planning and Zoning Board meeting
Planning & Zoning Board: Date: July 17, 2006 Action: Forwarded to the August 24, 2006 Town Council meeting.
Applicant’s Justification Statement Submitted (March 27, 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. Any issues with the size of the tract? The size of the tract is conducive to the land uses being proposed.
2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The Comprehensive Plan identifies this tract for MDR. The proposed PDD amendment is consistent with the Comprehensive Plan and with current development plans in the area. No Comprehensive Plan amendment is required.
3. What are the benefits and detriments to the owner, neighbors and the community? The proposed PDD amendment is compatible with the neighboring properties. The regulations in the Town’s LDO will provide adequate protection to the adjacent properties.
4. How are all the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? The allowable uses are compatible with the PDD this tract will be a part of. Residential development is occurring in the area.
Schools The school information is being provided for your review; however, the Wake County Board of Education controls capital projects for school capacities.
Current Enrollment and Building Capacity is based on the 20th day of the school year for 2005-2006 year 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. Wake County Public Schools has been asked to provide the most current multipliers they use to estimate these numbers and this data will be available when this report is presented to the Planning and Zoning Board.
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.
Ordinance for Consideration
06-REZ-10 Carpenter Hatcher PDD Amendment
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 1.18 ACRES LOCATED east of Carpenter Upchurch Road and south of Morrisville Carpenter Road.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:
Section 1: The Official Zoning Map is hereby amended by rezoning from Residential 40 to Carpenter Hatcher Planned Development District with an amendment to the overall Planned Development District to set a limit of 77 residential dwelling units and to expand the area described as follows:
Section 2: That the rezoning from Residential 40 to Carpenter Hatcher Planned Development District Amendment is hereby authorized subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable standards, policies and guidelines.
Section 3: This property will be perpetually bound to the uses authorized and subject to such zoning, unless subsequently changed or amended as provided for in the Cary Land Development Ordinance.
Section 4: Any violations or failure to accept and abide by the requirements of the Land Development Ordinance shall be subject to the remedies provided in the Cary LDO
ACTION: Mr. Roseland moved to approve the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.
(Ordinance is also on file in the town clerk’s office.)
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b. Stewart Property Development (Mr. Ricky Barker)
(1) Citizen Initiated Annexation 06-A-16
Annexation Petition Number: 06-A-16
UTILITIES:
MEETINGS:
Town Council – Public Hearing for
Ordinance Adoption: 8/242006 The document that Council will consider for adoption at this meeting follows:
06-A-16 (JA & A LLC) AN ORDINANCE ANNEXING LANDS NOT CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY , NORTH CAROLINA
WHEREAS, on 4/26/2006 , the Town Council has been petitioned under G.S. 160A-58.1 to annex the area described below:
JA & A LLC;
Wake County Parcel Identification #0733266884; including 23.94 acres,
plus 0.00 acres of adjacent right-of-way; which are Non Contiguous to
the existing municipal limits of the Town of Cary; and
WHEREAS, on 5/25/2006, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and
WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 8/24/2006, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and
WHEREAS, the Town Council hereby finds that the area described herein meets the standards of G.S. 160A-58.1(b), described as follows: a. The nearest point on the proposed satellite corporate limits is not more than three miles from the corporate limits of the Town. b. No point on the proposed satellite corporate limits is closer to another municipality than to the Town. c. The area described is so situated that the Town will be able to provide the same services within the proposed satellite corporate limits that it provides within the primary corporate limits. d. No subdivision, as defined in G.S. 160A-376, will be split up by this proposed annexation. e. The area within the proposed satellite corporate limits, when added to the area within all other satellite corporate limits, does not exceed ten percent (10%) of the area within the primary corporate limits of the Town. f. The public health, safety, and welfare of the Town and of the area proposed for annexation will be best served by annexing the area described herein;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary , North Carolina that:
Section 1. By virtue of the authority granted by 160A-58.1, the area
described in the petition and depicted on the attached map, is hereby
annexed to and made a part of the Town of Cary, effective on 8/24/2006
with a condition that the property owner connect to the Town of Cary
sewer/water line based upon the Town’s policy(ies) in place on the
effective date of this ordinance. A map and description of the annexed
area is on file in the Planning Department, Cary Town Hall.
Beginning at an iron pipe located at the Southeast corner of lands now or formerly owned by Richard Cochrane (Deed Book 4107 Page 153) and being located on the North line of lands now or formerly owned by Hubert E Roberts Family Farm LLC (Deed Book 8230 Page 1307);
Thence North 11°51'41" East, on the East line of said lands now or formerly owned by Richard Cochrane a distance of 1,723.53 feet to an iron pipe on a traverse line (shown on Book of Maps 1980, Page 464) referencing the property line which follows the thread of White Oak Creek;
Thence South 61°52'28" East, on said traverse line, a distance of 77.97 feet to a point;
Thence North 57°53'58" East, continuing on said traverse line, a distance of 137.30 feet to an iron pipe on the Westerly line of lands now or formerly owned by Lucy A. Jones (Deed Book 2399 Page 465);
Thence South 13°36'25" East, on the said Westerly line of lands now or formerly owned by Lucy A. Jones, a distance of 507.02 feet to an iron pipe;
Thence South 24°29'41" East, continuing on said Westerly line of lands now or formerly owned by Lucy A. Jones, a distance of 788.15 feet to an iron pipe at the Northwest corner of lands now or formerly owned by the North Carolina Department of Transportation (NCDOT)(Deed Book 11061 Page 2516);
Thence South 13°35'47" West, on the Westerly line of said lands now or formerly owned by NCDOT a distance of 304.51 feet to an iron pipe;
Thence South 13°55'27" West, continuing on the said Westerly line of lands now or formerly owned by NCDOT, a distance of 234.78 feet to an iron pipe at the Northeast corner of said lands now or formerly owned by Hubert E. Roberts Family Farm LLC;
Thence North 89°16'12" West, on the North line of said lands now or formerly owned by Hubert E. Roberts Family Farm LLC, a distance of 857.38 feet to the Point Of Beginning containing 23.95 acres, more or less.
Section 2. That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said territory shall be subjected to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.
Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques. Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1
Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District. Adopted on 8/24/2006 .
ACTION: Mr. Roseland moved to approve the consent agenda; Mrs. Robison provided the second; council granted unanimous approval.
(The ordinance is on file in the resolution book in the town clerk’s office.)
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(2)
Rezoning Petition 06-REZ-14, Stewart Property
06-REZ-14 Stewart Property Rezoning Staff Report to Town Council
Background Information
Requested Zoning: Residential 40 (R-40) with the Conservation Residential Overlay District (Sub-District – Low Density)
Existing Zoning: Residential 40 Wake County
(R-40W) Conformity with Land Use Plan Designation: Yes. This proposal is consistent with the Land Use Plan.
Acreage: Approximately 23.94
Location: North of Roberts Road (near Turner Creek Road)
Applicant: Brad Nelson Toll Brothers INC 2310 TW Alexander Blvd, Suite G Raleigh, NC 27617 (919) 321-4800 bnelson@tollbrothersinc.com
Applicant’s Contact: Travis Morehead ETD 2880 Slater Road Morrisville, NC 27650 (919) 819-1576 tmorehead@etdpa.com
Town of Cary Case Manager: Ricky Barker, Associate Planning Director 316 N. Academy Street, Cary, NC 27513 (919) 469-4085
ricky.barker@townofcary.org Summary of Requested Rezoning Since this property is outside of the Town’s extraterritorial jurisdiction, an initial zoning is required to designate the Residential-40 District in Cary and to include the property within the Conservation Residential Overlay District. The overlay district will allow the applicant to create a subdivision with a maximum gross density up to 2.5 units per acre.
Transportation Future Roadway Section: No major thoroughfares/collectors Schedule: N/A Sidewalk Requirements: Sidewalks required on at least one side of all residential roads Bicycle Requirements: N/A Transit Requirements: No requirements
Traffic Impact Analysis: R-40 development does not require a traffic impact analysis.
Parks & Greenways: PRCR has reviewed the applicant’s proposal and have the following requests – - According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan there are no public park or greenways that are proposed for this site. - This rezoning request will need to meet the pedestrian connectivity requirements in the Southwest Area Plan. - According to the Open Space and Historical Resources Plan (OSHRP) a significant portion of this tract is shown as Open Space that should be protected. The Town has been actively negotiating with the landowners along the White Oak Creek to protect this corridor. The applicant will be requested to place a conservation easement over the open space that will be designated during site/subdivision plan phase. - A payment-in-lieu will be required for any subdivision of this property for residential purposes. </ | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||