DRAFT: Contact the town clerk for official minutes (919-469-4011).

 

Cary Town Council Meeting Minutes

Thursday, September 14, 2006

6:30 p.m.

Council Chambers

316 N. Academy Street, Cary, N.C.

Web Site:  www.townofcary.org

 

Follow the links herein for the full text minutes.

 

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.

 

_________________________

 

2.    Ceremonial Opening (Mrs. Robinson)

 

Mrs. Robinson provided the ceremonial opening.

 

_________________________

 

3.   Adoption of agenda (Town Council)

 

Mayor McAlister announced that the applicant has just requested to delay items F.1. (06-REZ-09) and F.2. (06-AC-01) for 30 days. Town Attorney Simpson stated staff needs a little time to consult the Town Code to ensure a delay is possible. The council agreed to discuss this later in the meeting at the appointed time on the agenda.

 

ACTION: Mrs. Robinson moved to adopt the agenda as prepared. Mr. Roseland provided the second, and council granted unanimous approval.

 

_________________________

 

B.   CONSENT AGENDA

 

Removed item B.4.p., Bid Award for the Tryon Road Phase 2 Widening Project (EN07-023) from the consent agenda; staff will bring this issue to a future council meeting

 

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 H on this agenda)

 

a.   Consideration of approval of the minutes of the regular town council meeting held on August 24, 2006 and the minutes of the quality of life work session held on August 22, 2006. (Town Council)

 

ACTION: Mrs. Robinson moved to adopt the consent agenda, with the exception of item B.4.p. Mrs. Robison provided the second, and council granted unanimous approval. 

 

_________________________

 

b.   Consideration of approval of the tax report for August 2006. (Mr. Bill Coleman)

 

August 28, 2006

 

The Wake County Board of Commissioners, in regular session on August 23, 2006 approved and accepted the enclosed tax report for the Town of Cary.

 

It is hereby submitted for your approval.

 

Refunds of taxes, interest and penalties

$1764.17

Relief of late list penalty

0

Relief of late filed application

0

Non-cash rebates

251

 

ACTION: Mrs. Robinson moved to adopt the consent agenda, with the exception of item B.4.p. Mrs. Robison provided the second, and council granted unanimous approval. 

 

_________________________

 

c.   Consideration of designating Mayor McAlister as the voting delegate and Ms. Dorrel as the alternate voting delegate for the NC League of Municipalities’ annual business meeting on October 17, 2006. (Mayor McAlister)

 

ACTION: Mrs. Robinson moved to adopt the consent agenda, with the exception of item B.4.p. Mrs. Robison 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 end of the land development discussion portion of the agenda, which is item F on this agenda)

 

a.   Comprehensive Plan Amendment 06-CPA-06, McCrimmon Corners
The property is located at the southeast corner of McCrimmon Parkway and Koppers Road and contains approximately 16.80 acres. The current comprehensive plan designation is Office and Institutional; the proposed comprehensive plan designation is Medium Density Residential. The Planning and Zoning Board unanimously recommends approval.
(Mr. Scott Ramage)

 

06-CPA-06 McCrimmon Corners Comprehensive Plan Amendment

Staff Report to Town Council

 

Background Information

Current Comprehensive Plan Designation:  Office/Institutional (OFC/INS)

Proposed Comprehensive Plan Designation:  Medium Density Residential (MDR)

 

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

blewis@chashsells.com

 

Town of Cary Case Manager: 

Scott Ramage, Comprehensive Planning Principal Planner 

316 N Academy Street, Cary, NC 27513

(919) 462-3888

scott.ramage@townofcary.org

 

Summary of Requested Comprehensive Plan Amendment

 

A.  Land Use Plan:
The applicant is requesting that the future land use recommended by the Cary Land Use Plan be changed from “Office/Institutional” to “Medium Density Residential (MDR).”  Medium Density Residential is defined as 3-8 dwellings per acre, either single family detached or attached.  Multifamily is not typically included.  Thus, if amended to MDR, the Land use Plan could support a future rezoning for somewhere between 50 and 134 dwellings on the 16.8-acre site, depending on appropriate use and density transitions between adjacent parcels as recommended in the Comprehensive Plan.

 

B.  Comprehensive Transportation Plan:

No requested changes.

 

C.  Parks & Greenways Master Plan:

No requested changes.  According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, the following park and greenway facilities are required within this project:

·         A park site is needed in this area of town.

 

D.  Open Space and Historic Resources Master Plan:

No requested changes.  Per the approved Open Space and Historical Resources Plan (OSHRP), most of this parcel is shown as “Potential Open Space.”  That is, the Plan identifies this parcel as potentially containing some significant natural and open space resources that might be considered for inclusion into the Town’s open space system. 

 

Feedback at Town Council Public Hearing June 8, 2006:

 

One citizen spoke at the public hearing, Ms. Patty Pearthree.  She encouraged the council to address the density issue and the impact on schools.  There were no comments or questions from Council members.

 

Staff Observation on Plan Amendment:

 

A.      Plan History

The subject parcels, and nearly all adjacent and nearby parcels north of Morrisville-Carpenter Road within Cary’s planning jurisdiction, were originally recommended for Office, Office Park, and Light Industrial uses with adoption of the Land Use Plan in 1996. 

 

The Comprehensive Plan recommendations were updated in 2002 with the adoption of a special area plan for northwest Cary, the Northwest Area Plan (NWAP).  The NWAP revised the recommended land uses for the subject parcels to Office and Institutional, and also updated the land use recommendations for much of the nearby land uses.  

 

The Comprehensive Plan recommendations for the adjacent parcels to the west and southwest were updated in 2005 with the adoption of a special plan for the Carpenter area – the Carpenter Community Plan.  

 

The Town of Morrisville’s Comprehensive Plan for the areas north and east of the subject parcel was adopted in 1999, and updated in 2003.

 

B.      Current Land Use Plan Recommendations

The map in Figure 1, below, provides a zoom-in of the current Cary Land Use Plan in the vicinity of the subject parcels.  Recommendations from Morrisville’s Land Use Plan are also depicted. 

 

Figure 1:  Composite Land Use Plan, Town of Cary and Town of Morrisville

 

As can be seen in Figure 1, the Comprehensive Plan currently recommends the subject parcels be used for Office/Institutional uses.  Properties south of the site are recommended for Low Density Residential (1-3 dwellings/acre) and Medium Density Residential (3-8 dwellings/acre) or Office/Light Industrial in Carpenter Village PDD.  However, the western half of this part of Carpenter Village has in fact developed as medium-density townhomes, and not as Office/Light Industrial.

 

Properties west of the subject site are recommended for Medium Density Residential uses on the west side of the future realignment of Koppers Road (a.k.a. Louis Stephens Dr.)  Parcels northwest of the site, at the future northwest corner of McCrimmon Parkway and Old Maynard Road are recommended to be Office and Institutional, transitioning to Medium Density Residential further to the northwest.

 

Properties north and east of the site are in Morrisville’s planning jurisdiction.  Immediately east of the site is a single family subdivision having a gross density of 3.3 units/acre, making it compatible with the lowest end of Cary’s range of 3-8 dwellings/acre for Medium Density Housing.  Properties north of the site are recommended for Low Density Residential development.

 

C.      Analysis of Requested Plan Amendment

Staff’s analysis of this case focuses on the following considerations:

 

Housing and Smart Growth Policy

Cary’s Comprehensive Plan for this part of Cary has shifted from a focus on office and light industrial uses to a focus on residential uses.  The shift towards residential uses reflects both the direction of market forces, and a policy shift on the part of Cary, Morrisville, and Research Triangle Park, to try to encourage greater amounts of employee housing – at moderate and higher densities especially – within a short distance of RTP.  The provision of adequate housing proximate to RTP supports RTP’s economic development goals for corporate siting and retention, and also supports the smart growth initiatives endorsed by the Triangle J Council of Governments, the Town of Cary, and others, by placing housing close to jobs, thereby reducing commute distances and easing traffic burdens on the regional road network.

 

Compatibility with Adjacent Uses

Medium-density residential uses currently exist adjacent to the eastern and southern boundaries of the property, and are recommended by the Land Use Plan for the parcels west of the site.  The Land Use Plan recommends low-density residential uses on the remaining vacant parcel south of the property, as does the Morrisville Land Use Plan for the parcels north of the site.  Since Medium Density Residential can provide an acceptable land use transition next to Low Density Residential, and since it is compatible with other adjacent Medium Density Residential uses, it would appear that the requested Plan Amendment provides a reasonable and compatible transition.

 

Economic Development Considerations

Conversion of this 16.8-acre parcel from Office/Institutional to Medium Density Residential will result in a reduction of the amount of land available for future nonresidential economic development.  The location might be well-sited for incubator, spin-off, or supporting office space for RTP.  However the location itself may not be market-feasible for several more years, until McCrimmon Parkway is extended west to NC55, or Louis Stephens Drive/Koppers Road is widened and realigned providing a major thoroughfare connection northward into RTP.  Further, the site would effectively constitute an “island” of Office/Institutional usage, surrounded by residential, which might further limit the nonresidential effectiveness of the site.

 

Density and Transitions in Future Rezoning Cases

It should be noted that designation of this property as Medium Density Residential in the Land Use Plan does not imply that the Planning and Zoning Board would need to find that any rezoning case that proposes housing in the range of 3-8 dwellings per acre is in full conformance with the Land Use Plan.  The Land Use Plan also recommends the provision of either reasonable transitions between land use intensities or densities, or the provision of reasonable buffers as transitions, or the use of architectural or design transitions.  Thus, for any future rezoning case, the Board will have discretion in evaluating whether the proposed density, building type, and buffer or design transitions meet the intent of the Land Use Plan.

 

Open Space and Historic Resources

The Town’s Open Space and Historical Resources Plan (OSHRP), adopted in 2001, identified much of this site as “Potential Open Space,” indicating that the site may contain significant natural and open space resources that could be considered a priority for inclusion in the Town’s open space system.  The site was so designated in the OSHRP analysis on the basis of the existing agricultural use of the land, coupled with a potential perennial stream identified in the Wake County Soils Survey.  In 1988, the entire site appears to have been under cultivation, however since that time approximately half of the site has been replanted as new pine forest.  Today, the balance of the site is in active cultivation.  On the basis of these findings, the site is not currently a high-priority site for open space acquisition by the Town. 

 

D.  Staff Recommendation

On balance, staff feels that the recommended Plan Amendment is reasonable, and supports the Smart Growth objectives of the Town, the region, and RTP.

 

Planning and Zoning Board Recommendation (August 21, 2006)

The Board voted unanimously (9-0) to recommend adoption of the proposed Plan Amendment.

 

Changes since the Planning and Zoning Board Meeting:

None

 

Reference Information

Meeting Schedule: 
Town Council Public Hearing
Date:  June 8, 2006
Action:  Forwarded to the August 21, 2006 P&Z Board meeting

 

Planning & Zoning Board:

Date:  August 21, 2006

Action:  Forwarded to Town Council with a unanimous recommendation for approval
(9-0).

 

Town Council:

Date:  September 14, 2006

Action:

 

Parcel & Owner Information

Applicant’s Justification Statement Submitted (April 24, 2006)

(Please note that the following statements are those of the applicant and do 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:

 

The current Land Use Plan designation, Office and Institutional, is no longer appropriate in light of the residential development that has taken place in the surrounding area.  When the northern section of Carpenter Village was designated as Office and Industrial on the Comprehensive Land Use Plan map, this property’s Office and Institutional Land Use Plan designation was appropriate, an extension of the planned office park-type development.  However, since the Carpenter Village area has been amended to permit low to medium density residential use and the property to the east in Morrisville has developed in a residential manner, the O&I designation on the tract in question would encourage an intrusion of non-residential uses into a residential area, on a tract that may not be of sufficient size to provide appropriate buffering for the abutting residential uses. 

 

Amending the Land Use Plan map to a more appropriate residential density would then require an amendment to the zoning map to a corresponding residential zoning classification to facilitate development.

 

Any issues with the size of the tract?  The tract is of sufficient size to be developed with the planned town home development, and is of a traditional rectangular shape to facilitate development.  There is a riparian buffer in the eastern portion of the property, which would be protected as required.

 

How is the request compatible with the comprehensive plan? (I.e. Land Use, Transportation, Open Space and Historic Resources)  This tract is adjacent to the boundary of the Carpenter Community Plan, but not within the plan area.  The Carpenter Community Plan seeks to keep the densities low in the area of the Carpenter community, and to retain the historic feel of the area.  This proposal, just outside of the Carpenter area, will provide the type of development that will complement the Carpenter area but not intrude into it.  The planned density, while higher than in the adjacent Carpenter area, will provide housing stock to those who wish to live near the historic Carpenter area but not in single family detached homes, by offering high quality town homes near the historic area.

 

What are the benefits and detriments to the owner, neighbors and the community?  The property owner, the neighbors, and the community as a whole will all benefit from the requested amendments. 

 

While the property has Land Use and zoning map designations that permit office, commercial, and manufacturing uses, the neighboring properties are developed in a residential manner.  The proposed amendments will enable this property to be developed in a residential manner as well, with housing types and a density that is to be expected in this area.  Changing the Land Use Plan and zoning map designations will permit the development of the property in a manner more consistent with the surrounding area.  

 

The proposed town home development will generate less traffic than the office/manufacturing/commercial uses permitted on the parcels now, benefiting the surrounding neighborhoods. 

 

Additional housing units will benefit the commercial uses existing and planned in the area by expanding the customer base. 

 

Development of the property will require improvements to the road network in the area of the site, or a payment in lieu to the Town of Cary to facilitate the improvements, benefiting all who travel on Morrisville Parkway and Koppers Road.

 

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 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

There is insufficient information at the level of a Comprehensive Plan Amendment to do a specific forecast of student generation.  However, the requested Comprehensive Plan Amendment does have the potential for supporting a rezoning case that could generate more students than under current zoning.  Therefore, a specific schools impact analysis will be done with any future rezoning case.


Transit Requirements:  No transit requirements

 

Adjacent/nearby roadways on Town of Cary Transportation Plan: 

McCrimmon Parkway:

Existing Roadway Section and ROW:  none.

Future Roadway Section:  4-lane median divided, 110 ft. ROW

Schedule:  Not currently scheduled

Sidewalk Requirements:  sidewalk required on both sides

Bicycle Requirements:  14’ wide outside lane required

 

Koppers Road:

Existing Roadway Section:  2-lane, 60 ft. ROW

Future Roadway Section:  4-lane median divided, with reserved ROW for additional transit facilities.  110-124 ft. ROW

Schedule:  Not currently scheduled

Sidewalk Requirements:  Sidewalk required on both sides

Bicycle Requirements:  14’ wide outside lane required

 

Town Council Motion Options:

 

MOTION TO ADOPT COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE TOWN OF CARY TO CHANGE THE LAND USE PLAN MAP DESIGNATION OF APPROXIMATELY 16 ACRES LOCATED at the SOUTHEAST CORNER OF MCCRIMMON PARKWAY AND KOPPERS ROAD FROM Office and Institutional (OFC/INS) to Medium Density Residential (MDR).

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

Section 1:  The Comprehensive Plan of the Town of Cary is hereby amended by changing the future land use designation for the properties identified below from Office and Institutional (OFC/INS) to Medium Density Residential (MDR) on the Land Use Plan Map.

 

Property Owner(s)

County Parcel
Number(s) (10 digit)

Real Estate ID(s)

Area (acres)

Milton and Gloria Maynard

Billy and Margaret Maynard

1509 Old Maynard Road

Morrisville, NC 27560

0745173844

0293813

13.80

Jimmy and Gayle Davis

6525 Koppers Road

Morrisville, NC 27560

0745172357

0106113

3.00

Total Acres

16.80

 

Section 2.This ordinance shall be effective on the date of adoption.

[Vote]

 

MOTION TO DENY COMPREHENSIVE PLAN AMENDMENT

 

This proposed amendment (06-CPA-06:  McCrimmon Corners Comprehensive Plan Amendment) to change the future land use designation for these properties from Office and Institutional (OFC/INS) to Medium Density Residential (MDR) has been evaluated by staff and the Planning & Zoning Board, cannot be supported because ________________ , and is hereby denied.

[Vote]

 

ACTION: Mrs. Robinson moved to adopt the consent agenda, with the exception of item B.4.p. Mrs. Robison provided the second, and council granted unanimous approval. 

 

(Ordinance is also on file in the town clerk’s office.)

 

_________________________

 

 

3.   Planning and Development Committee, August 24, 2006 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda)

 

a.   Utility Rates in Windsor Oaks (FN07-01)
Committee unanimously recommended consideration of a contract with Aqua America to equalize utility payments in the Windsor Oaks subdivision.
(Approved)

 

b.   Donation of Paintings by Cary Visual Art (PR07-05)
Committee unanimously recommended consideration of acceptance of the donation of three paintings from Cary Visual Art.
(Approved)

 

c.   Donation of Public Artwork Sculpture by Cary Visual Art, Inc. (PR07-07)
Committee unanimously recommended considering the acceptance of the Cary Visual Art (CVA) donation of a sculpture for placement at
Stone
Creek Village round-about. (Approved)

 

d.   Walnut Street Park Artist Selection for Design Team (PR07-06)
Committee unanimously recommended consideration of hiring Barbara Grygutis as design team member for the
Walnut Street Park design development. (Approved)

 

e.   Public Art at Cary Dog Park (PR07-08)
Committee unanimously recommended consideration of acceptance to commission artist Rachel Herrick to implement public art design for the
Cary
Dog Park. (Approved)

 

4.   Operations Committee, September 6, 2006 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda)

 

a.   Davis Drive Widening Project (EN07‑017)
Committee unanimously recommended that $780,000 be appropriated from general fund fund balance to the Davis Drive Widening project (ST1047), of which $500,000 is to be placed in the construction account and $280,000 in the severance damages account.
(Approved)

 

b.   Crossroads/Tryon Traffic Service (EN07-019)
Committee unanimously recommended that this information be entered into the Town Council record.
(Approved)

 

c.   Queensferry Road, Hunter Street/Webster Street Drainage Improvements (EN07‑020)
Committee unanimously recommended that Lanier Construction Co. be awarded the contract for the Queensferry Rd.
, Hunter St./Webster St. Drainage Improvement Project for a total of $465,070.  Committee also recommended transferring a total of $162,142 from capital project GG1068 Storm Drainage – Town Properties to GG1063 Storm Drainage FY05 (construction account) and utilizing existing funds within the GG1068 Storm Drainage – Town Properties capital project to fund construction and contingency needs totaling $197,151. (Approved)

 

d.   Holt Road Waterline Extension (EN07-022)
Committee unanimously recommended that $71,775 be appropriated from utility capital reserve unrestricted fund balance to a new water capital project, Holt Road Water Line Extension ($5,000 in contracted services and $66,775 in construction).
(Approved)

 

e.   Condemnation Resolution for the Churchill Estates Sewer Extension (EN07-024)
Committee unanimously recommended adoption of a Resolution Authorizing Condemnation for the Churchill Estates Sewer Extension.
(Approved)

 

f.    Condemnation Resolution for the Loch Highlands Sidewalk Project (EN07-025)
Committee unanimously recommended approval of a Resolution Authorizing Condemnation for the Loch Highlands Sidewalk Project.
(Approved)

 

g.   Condemnation Resolution for Progress Energy for the SW Maynard Road Widening Project (EN07-026)
Committee unanimously recommended approval of Resolutions Authorizing Condemnation for the SW Maynard Road Widening Project.
(Approved)

 

h.   Condemnation Resolution for the Glade Park Road Extension (EN07-027)
Committee unanimously recommended approval of Resolutions Authoring Condemnation for the Glade Park Road Extension.
(Approved)

 

i.    Finance Department Reorganization (FN07-02)
Committee unanimously recommended that this information be entered into the Town Council record.
(Approved)

 

j.    Amendments to Stop Street and Subordinate Street Schedules (PD07-002)
Committee unanimously recommended adoption of an ordinance amendment to the Town Code Sec.34-329 (stop streets) and Sec. 34-330 (subordinate streets).
(Approved)

 

k.   Recognition of Federal Funds (PD07-003)
Committee unanimously recommended recognition of $3,600 received through the Federal Equitable Sharing Program and the expenditure of those funds for taser cameras for use by school resource officers.
(Approved)

 

l.    Amendment No. 6 to CH2M Hill's Agreement for Utility Merger Services (PWUT07-06)
Committee unanimously recommended approval of Amendment No. 6 to the professional services agreement with CH2M Hill for additional work needed in the amount of $136,334, for the provision of continuing assistance in the transferring of certain private water and sewer lines and easements to the Town of Cary for ownership, operation and maintenance.  Committee further recommended an appropriation of $136,334 from utility capital reserve unrestricted fund balance to be placed in the contracted services account of the Utility Merger Study project (WT1116).
(Approved)

 

m.  Contract Award – Engineering Services for the West District Maintenance Facility Project GG1064 (PWUT07-08)
Committee unanimously recommended awarding a contract for architectural/engineering services for the West District Maintenance Facility to Heery International in the amount of $124,000.
(Approved)

 

n.   Walnut Creek Restoration Feasibility Report (EN07‑010)
Committee unanimously recommended that staff move forward with Option 7, restoration of
Walnut Creek from Clay Street to Maynard Road and renaming of project GG1069 from Webster Street Drainage Improvements to Walnut Creek Restoration. (Approved)

 

o.   West Regional Library Best Management Practice (BMP) Maintenance Fee (EN07-018)
Committee unanimously recommended that the Town waive the BMP Maintenance Fee for the West Regional Library.
(Approved)

 

p.   Bid Award for the Tryon Road Phase 2 Widening Project (EN07-023)
Committee unanimously recommended that a contract be awarded to Rea Contracting for $7,843,543.47 for construction of the Tryon Road Phase 2 Widening Project (ST1092) and a transfer of $761,000 from the Tryon Road Phase 1 Widening project (ST1073) to the Tryon Road Phase 2 Widening Project (ST1092).
(Removed from this agenda; staff will bring this issue to a future council meeting)

 

q.   Emergency Bypass Pumping Piping (PWUT07-09)
Committee unanimously recommended transferring $71,000 in sewer restricted revenue from the Swift Creek Pump Station Expansion Project (SW1041) to a new project, Emergency Piping Materials, for the purchase of pipe and fitting materials for pump station emergency bypasses.
(Approved)

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

Recognition of Kelvin Creech, Water Treatment Plant Manager, for receipt of the Partnership Director’s Award for providing safe drinking water. (Recognized)

 

STAFF REPORT

Direct to Council, September 14, 2006

Partnership Director’s Award for providing safe drinking water (PWUT07-07)
Information regarding acknowledgement of the Director’s Award from the Partnership for Safe Drinking Water and the United States EPA
Speaker:  Rob Bonné, Utilities Director

 

From:  Robert K. (Kim) Fisher, P.E., Director of Public Works and Utilities
Prepared by:  Kelvin Creech, Water Treatment Plant Manager
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

 

On July 26, 2006 the Cary/Apex Water Treatment Facility was once again certified as a Director’s Award plant by the Partnership for Safe Water.  This certification was for 2006 and marked the fourth consecutive year the facility has received this prestigious award.

 

In December 2003, the Cary/Apex Water Treatment Facility became one of only two North Carolina. water utilities to receive the Partnership’s Director’s Award.  This year the facility is one of five water treatment facilities in the state certified at this level.  Less than 5% of water utilities nationwide have achieved the award.

 

The Director’s Award is the culmination of a three-phase voluntary process undertaken over a period of about four years by plant staff to demonstrate technical ability and commitment to implement activities to enhance the water system’s ability to protect against Cryptosporidium, Giardia, and other microbial contaminants.  Director’s Award plants are evaluated for re-certification at this level each year.  The result is consistent production of safe, high-quality drinking water for Cary and Apex customers.

 

The award and certification process is overseen by the Partnership for Safe Water, which was formed in 1995 by the American Water Works Association, the Association of Metropolitan Water Agencies, the National Association of Water Companies, the US Environmental Protection Agency, and the Association of State Drinking Water Administrators.  The Cary/Apex Water Treatment Facility is a charter member.

 

The Partnership will place ads recognizing this year’s Director’s Awards plants in two national publications:

 

  • The National League of Cities, “Nation’s Cities Weekly”
  • The U.S. Council of Mayors, “U.S. Mayor”

 

These ads congratulate and provide recognition for utilities with award-winning treatment plants. 

 

Fiscal Impact:  N/A

 

Staff Recommendation:  No action is necessary.

 

The council recognized this award.

 

_________________________

 

 

 

D.   PUBLIC HEARINGS

 

1.   Comprehensive Plan Amendment 06-CPA-09, Serving Cup
The property is located on Green Level West Road (west of the NC 55 Highway intersection) and contains 1.33 acres. The current comprehensive plan designation is low density residential; the proposed comprehensive plan designation is medium density residential with an expansion to the activity center boundary. The council may refer this to the October 16, 2006 Planning and Zoning Board meeting. (Referred to 10/16/06 Planning & Zoning Board)

 

06-CPA-09 Serving Cup Comprehensive Plan Amendment Case Data

 

Background Information

 

Current Comprehensive Plan Designation
Low Density Residential (LDR)

 

Requested Comprehensive Plan Designation

Medium Density Residential (MDR

 

Acreage

Approximately 1.33 acres

 

Location

Green Level West Road (west and south of NC 55 Highway)

 

Applicant

Gail Vaughn, President

SC Green Level Homes Corporation

10000 Whitestone Road

Raleigh, NC 27615

(919) 847-8183

gailvaughn@nc.rr.com

 

Applicant’s Contact Person

L. Lane Sarver, AICP, AIA

Sarver Housing Group, Inc.

1829 E. Franklin St, Suite 900C

Chapel Hill, NC 27514

(919) 967-5520

LaneSarver@nc.rr.com

 

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

 

Summary of Requested Comprehensive Plan Amendment

 

Transportation 

Green Level West Road

Existing Roadway Section:  2 through lanes (one in each direction) with additional pavement on the northern side (widening done along the Landsdowne Subdivision frontage)

Future Roadway Section:  4 lane median divided

Schedule:  N/A

Sidewalk Requirements:  Both sides

Bicycle Requirements:  Wide outside lanes (WOL)

Transit Requirements:  No transit requirements

 

Traffic Impact Analysis

A Traffic Impact Analysis (TIA) will not be required for a 1.33 acre MDR parcel.

 

Parks & Greenways

According to the approved PRCR Facilities Master Plan there are no parks or greenways issues related to this site.

 

Reference Information

Meeting Schedule:
Town Council Public Hearing

Date:  September 28, 2006

Recommendation:   Staff recommends forwarding the request to the October 16, 2006 Planning and Zoning Board meeting.

 

Planning & Zoning Board:

Date:  October 16, 2006

 

Town Council Action:

Date:  November 9, 2006

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Number(s)

Real Estate ID(s)

Area

SC Green Level Homes Corp

10000 Whitestone Road

Raleigh, NC 27615

0734713375

0219821

1.331

Total Acreage

 

 

1.331

 

Applicant’s Justification Statement Submitted (July 31, 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:

 

1.  Describe how the requested amendment is warranted due to changes in conditions, forecasts, or assumptions since the original Comprehensive Plan recommendations were developed?

1.1 Provision of affordable housing for employees of adjacent retail establishments and service establishments will be facilitated by the proposed change.   Conditions and forecasts increasingly point out the shortage of affordable housing for lower income households.

 

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?

2.1 The need for affordable housing for persons whose incomes are limited by their disabilities has become apparent.  The location of this parcel with access to shopping, employment opportunities and services is ideal for housing for disabled persons of limited income.  The owner has secured funding for affordable housing from Federal, County and Local sources for an opportunity to create six apartment units for this special needs population.  A zoning change is a “Reasonable Accommodation” that is mandated for consideration by the Fair Housing Amendments Act as an accommodation for developing housing for persons with disabilities.

 

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?

3.1       Creating compact development that is pedestrian oriented in areas adjacent to shopping and services results in decreased automobile/energy use, conservation of natural areas and lowering of infrastructure costs.  The proposed rezoning recognizes the heightened awareness of these issues.

3.2       Provision of affordable housing in locations where access to shopping , services, and employment are within walking distance has been adopted as policy and objectives in the Consolidated Plan.  The provision of Community Development Block Grant (CDBG) funds to assist in the development of proposed affordable housing on this parcel reflects these changes in Town policies, objectives and standards.

 

4.       Describe how the requested amendment is warranted due to errors or omissions in the current Comprehensive Plan? 

4.1  Omission of transitional multifamily use as part of Neighborhood Activity Center between single family subdivision and commercial shopping/services area did not recognize the unique  position of the subject parcel and did not recognize the inappropriate designation of single family subdivision on parcel otherwise too small to be developed.

 

Staff’s powerpoint presentation is attached to and incorporated in these minutes as Exhibit A.

 

Mr. Ted Oliver, attorney with Manning, Fulton and Skinner, on behalf of The Serving Cup, stated these remarks apply to all the public hearings regarding The Serving Cup. He stated the Serving Cup is a non-profit organization primarily comprised of members of Lutheran Churches in the vicinity. They have joined with Lutheran Family Services of the Carolinas and the ARC of NC, Inc. to seek to provide affordable housing for developmentally disabled adults. He stated The Serving Cup has helped provide some initial financing for the process of acquiring the property and has formed the SE Greenlevel Housing Corporation, a non-profit to own this property and the facilities planned. In addition, their mission is to provide community support for the residents of this property. He stated Lutheran Family Services has provided the initial financing for the acquisition of the property. In addition, they serve as case managers for the residents of this facility. He stated the ARC of NC manages over 200 similar facilities across the state, and they will serve as the property manager of the facilities. He stated they’ve teamed to apply for financing from the Department of Housing and Urban Development under the Section 811 Program provided by HUD. He stated there are about 14,000 developmentally disabled adults in Wake County who need this type of housing. He stated they’ve proven the ability to manage these facilities based on the ARC of NC qualifications. He stated they must demonstrate that they have the right locations for these types of facilities, which is a challenge. He added the site must be in close proximity to shopping, possible employment and healthcare that’s within walking distance, since most of the residents won’t drive. He stated by HUD granting a Section 811 grant to them, it shows they have a project with real need, real management skills and with the right location to be successful. He stated with this grant, HUD requires a restriction on the property stating it can only be used for the purposes outlined in the grant, and he stated it’s a deed restriction that goes on the property for 40 years. He stated it’s virtually impossible to get a waiver of this deed restriction. Mr. Oliver stated HUD requires that moneys be budgeted for the ongoing, continuing maintenance and repairs of the property. He stated HUD provides rental assistance for the residents of these facilities, so there is a source of funds to fund this ongoing maintenance.

 

Mr. Oliver outlined the selection process for determining the residents by stating that Wake County Human Services will submit a pool of qualified applicants to The Serving Cup and to Lutheran Family Services, and they will make the final determination about the best fit for this neighborhood at this location. He stated most residents tend to be long-term residents. They will continue to work with adjacent neighbors to address their concerns. He stated the use of the property will continue to be used for residential purposes, and the number of dwelling units will not increase. They seek to build small apartment-style buildings that will have less impact on the site than a number of small dwellings to try to serve this purpose.

 

No one came forward to speak; Mayor McAlister closed the public hearing.

 

ACTION: Referred to the October 16, 2006 Planning and Zoning Board meeting

 

_________________________

 

 

2.   Rezoning 06-REZ-22, Serving Cup
The property is located on Green Level West Road (west of the NC 55 Highway intersection) and contains 1.33 acres. The current zoning is Residential-8 Conditional Use; the proposed zoning is Mixed Use Overlay District with an amendment to the existing zoning conditions. The council may refer this to the December 18, 2006 Planning and Zoning Board meeting. (Referred to 12/18/06 Planning & Zoning Board)

 

06-REZ-22 Serving Cup Rezoning Case Data