Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Ervin Portman, 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. He introduced visitors representing our Hsinchu City, Taiwan sister city.

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2.    Ceremonial Opening (Mayor Pro Tem Smith)

Mayor Pro Tem Jack Smith provided the ceremonial opening.

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3.   Adoption of agenda (Town Council)

ACTION: Mrs. Robinson moved to adopt the agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval.

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B.   CONSENT AGENDA (click on this link for the full text minutes of the 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 H on this agenda)

a.   Consideration of approval of the minutes of the regular town council meeting held on February 22, 2007, and the minutes of the joint Cary/Chatham County work session held on February 20, 2007. (Approved)

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 06-REZ-34, Napowsa Property
The property is located at 1404 Holt Road and contains 0.85 acre. The current zoning is Residential-40 (Wake County); the proposed zoning is Residential-20. The Planning and Zoning Board unanimously recommended approval. 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. (Approved)

b.   Comprehensive Land Amendment 06-CPA-10, Modern Woodmen of America
The property is located at 2009, 2011 and 2013 Piney Plains Road and contains approximately 1.20 acres. The current comprehensive plan designation is High Density Residential; the proposed comprehensive plan designation is Office/Institutional. The Planning and zoning Board unanimously recommended approval. (Approved)

3.   Operations Committee, March 1, 2007 (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) (Mrs. Robinson)

a.   Highcroft Sewer Easement – Recognize Developer Payment (EN07‑079)
Committee unanimously recommended recognizing revenue in the amount of $82,000 and creating new capital project SW1151, Highcroft Sewer Easement. (Approved)

b.   Bid Award for Piney Plains Road Sewer Extension (EN07-080)
Committee unanimously recommended awarding the Piney Plains Sewer Extension Project to J.F. Wilkerson Contracting Company Inc. for $115,586.30. (Approved)

c.   Municipal Agreement – Walnut Street Northbound Lane Addition Project (EN07‑081)
Committee unanimously recommended entering into a municipal agreement between North Carolina Department of Transportation (NCDOT) and the Town of Cary in which NCDOT will reimburse the Town a maximum of $550,000 to be budgeted within the construction account of ST1086 for the addition of a northbound lane on Walnut Street from Dillard Drive to US 1/64.  Committee also recognized that under this agreement the Town of Cary will be responsible for funding the remaining $950,000 in estimated project costs to be funded from the ST1086 US 1/64 and Walnut Interchange project.  As the current balance of this project is only $515,308, committee unanimously recommended approving staff recommendation to transfer $435,000 in unissued 2006 general obligation bond debt from the ST1087 US 1/64 and Cary Parkway Interchange Project to the ST1086 US 1/64 and Walnut Interchange project with the $435,000 being budgeted within the construction account of ST1086. (Approved)

d.   Contract Award – Value Engineering Services for the Western Wake Regional Water Reclamation Facility Project (EN07-084)
Committee unanimously recommended the following:

(1)  An engineering services contract be awarded to HDR for Value Engineering services for the Western Wake Regional Water Reclamation Facility Project with a not-to-exceed value of $292,000, and,

(2)  Creating a new capital project, SW1152, Western Wake Value Engineering to fund this work by transferring $168,776 from the SW1123 contracted services account and $123,224 from the SW1124 contracted services account into the SW1152 contracted services account. (Approved)

e.   Utility Agreement – NCDOT U-4026 A & B (Northern Davis Drive) (EN07-086)
Committee unanimously recommended executing a utility agreement with the North Carolina Department of Transportation (NCDOT) with $685,000 being appropriated from utility capital reserve unrestricted fund balance.  Committee recognized that $125,000 of this appropriation would be placed within the construction account of a newly created sewer capital project to address the relocation of existing sewer lines along Davis Drive and $560,000 of the total appropriation would be placed within the construction account of a newly created water capital project to address the relocation of existing water lines along Davis Drive. (Approved)

f.    Evans Road Widening Project Condemnation Resolution (EN07-087)
Committee unanimously recommended amending the Evans Road Widening Project Condemnation Resolution to reflect a property owner’s name change from Cary United Church of Christ to Cary First Christian Church, Inc. (Approved)

g.   Contract Award – Engineering Services for the Walker Street Extension Project (EN07-088)
Committee unanimously recommended that a preliminary design contract be awarded to URS for $139,169.63 and that following this design effort that the Town is authorized to also award URS the final design contract in the amount of $532,507.04 and, following the final design and approval, that the Town is authorized to further award URS the construction administration contract for the amount of $203,402.50. (Approved)

h.   Annual Turnover Report (HR07-002)
Committee unanimously acknowledged the annual turnover report for the Town of Cary for calendar year 2006. (Approved)

i.    2009-2015 Transportation Improvement Program Requests (PL07-027)
Committee unanimously recommended that Transportation Improvement Program (TIP) requests be submitted to the Capital Area Metropolitan Planning Organization (CAMPO) for the 2009-2015 Metropolitan TIP. (Approved)

j.    Budget Adjustment for NCDOT Funding and Chatham County Use Agreement (PR07-023)
Committee unanimously recommended the following:

(1)  Council approval of staff’s recommendation that the Town manage the construction of the ATT through Chatham County with reimbursement funding provided by the NC Department of Transportation which requires the following:

(a)  Approval of the attached NCDOT /SAFETEA-LU agreement.

(b)  Recognition of $2,191,960 in reimbursement funding to be placed for expenditure in a new capital project account.

(2)  Council authorize staff to enter into an agreement with Chatham County with the general terms as listed below:

(a)  That the Town agrees to maintain the 4.68 mile segment of the ATT through Chatham County for a period of five years. At the end of the 5 year period representatives from Cary and Chatham County will jointly develop a new maintenance plan.

(b)  That Chatham County provides the Town with $60,000 in one-time funding to be used towards development of the Amberly Trailhead Park (PR1095) proposed for a 12 acre site located off New Hope Church Road.  Council recognizes the $60,000 contribution to be placed n the construction account of PR1095 for expenditure.

(c)  That joint use language for use of the Amberly Trail Head Park facilities between Town residents and Chatham County residents is agreed upon by staff. (Approved)

k.   Donation for Kids Together Park (PR07-025)
Committee unanimously recommended recognizing donations totaling $7,274 for appropriation in the Parks and Greenway Renovation Fund FY03 (Project PR1071) to cover the purchase of shade structures at Kids Together Park. (Approved)

l.    Swift Creek Pump Station Expansion Project (PWUT07-016)
Committee unanimously recommended that $638,420 be transferred from utility capital reserve restricted fund balance into Project SW 1041 with $408,181 of this being budgeted within the SW1041 contracted services account and $230,239 being placed within the project’s construction account for expenditures in connection with the Swift Creek Pump Station Expansion Project. (Approved)

m.  Proposal to Allow a Beer Garden at Lazy Daze (PR07-026)
Committee unanimously recommended council authorize staff to develop and implement a full operations plan for the Sister Cities Association to operate a beer garden at the 2007 Lazy Daze Arts & Crafts Festival.  Committee stipulated that staff thoroughly review all available sites in order to ensure the safety and success of the festival. (Approved)

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C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

There were no recognitions, reports or presentations on this agenda.

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D.   PUBLIC HEARINGS

1.   Rezoning 06-REZ-31, Sears Farm Planned Development District Amendment
The property is located at the southeast corner of Davis Drive and High House Road and contains 75.20 acres. The request is to increase office, retail and residential use and modify existing zoning conditions. Council may refer this item to the April 16, 2007 Planning and Zoning Board meeting. (Mrs. Debra Grannan)

06-REZ-31 Sears Farm Planned Development District Amendment

Case Data

Background Information

Existing Zoning:  Planned Development District (PDD)

Requested Zoning:  PDD Amendment

Land Use Plan Designation:  Sears Farm PDD is located within the Mixed Use Cornerstone Community Activity Center, which encompasses all four quadrants around the intersection of Davis Drive and High House Road.  (A community activity center is intended to include a balanced mix of commercial, office/institutional and residential uses at moderate-to-high densities.) 

Acreage:  75.24 ±

Location:  SE Corner of High House Road and Davis Drive

Applicant:

William Sears, Sears Farm, LLC

1142 Executive Circle, Suite D

Cary, NC 27511

(919) 467-5703

billsears@shkw.com

Applicant’s Contact:

Andrew Padiak,  The John R. McAdams Company

2905 Meridian Parkway

Durham, NC 27713

(919) 361-5000

padiak@johnrmcadams.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

The applicant has requested an increase in the retail, office and residential square footage for this existing PDD.  There are also specific changes to the certain zoning conditions, such as building height, setbacks and square footage in both the commercial and residential portions of the site.  

A.      Transportation

High House:
Existing Roadway Section:  4-lane median divided, 100’ right of way (ROW)

Future Roadway Section:  4-lane median divided, 100’ ROW

Schedule:  N/A

Sidewalk Requirements:  required on both sides

Bicycle Requirements:  wide outside lanes required

Transit Requirements:  Concrete pad (6’ wide by 16’ long minimum) and bus stop shelter (5’ wide by 12’ long) with metal roof (color to be approved by Town), metal structure, with metal bench, plexi-glass sides and rear, and low growing shrubs (maximum full growth height of 24”) on perimeter required on High House in area between two most western entrances

Davis:
Existing Roadway Section:  4-lane median divided, 100’ right of way (ROW)

Future Roadway Section:  # of lanes, ROW

Schedule:  N/A

Sidewalk Requirements:  One side or both

Bicycle Requirements:  wide outside lanes required

Transit Requirements: None

B.  Traffic Impact Analysis:  A draft traffic impact study has been prepared by town traffic consultant, Sepi Engineering dated February 2007.

The study (07-TAR-236) recommends the following improvements to meet Town of Cary Adequate Public Facilities Requirements.

1.         High House Road at Davis Drive

Construct a 100’ southbound right turn lane on Davis Drive at High House Road.

2.         Cary Parkway at High House Road

Construct a 150’ southbound right turn lane as indicated in the Original Searstone TIA.

3.         Davis Drive at Cornerstone Drive/Drive #1

Install a traffic signal as indicated in the original Searstone TIA.

4.         Davis Drive at Site Drive #2 (RIRO)

Install a 100’ northbound right turn lane.

5.         High House Road at Searstone Drive/Future Drive

Install a traffic signal

6.            High House Road at Site Drive #3 (RIRO)

Install a 100’ eastbound right turn lane.

7.             High House Road at Site Drive #5 (RIRO)

Install a 100’ eastbound right turn lane and an island restricting northbound left turning movement.

These improvements and the requirements of the Town of Cary Comprehensive Transportation Plan will provide mitigation for site impacts as required by the Adequate Public Facilities Ordinance.

A combined Traffic Impact Study for Cornerstone and Searstone is being prepared by Sepi Engineering to determine the effects of both developments. 

C.  Parks & Greenways:  There are no parks or greenways planned for this site according to the Parks, Recreation and Cultural Resources Facilities Master Plan.  A payment-in-lieu will be required for any subdivided residential units in accordance with the Town’s Land Development Ordinance.

Reference Information

Meeting Schedule: 

Town Council Public Hearing

Date:  March 8, 2007

Action: 

Planning & Zoning Board:

Date:  April 16, 2007

Town Council Action:

Date:  May 10 or 24, 2007 April 26, 2007

Summary of Requested Rezoning

Master Land Use Data – Revisions to Project Data for Village Tract

Master Land Use – Village Tract Setbacks

Revised Notes:

1. The ultimate layouts of the development proposed for each component of the site and the parcels or lots forming parts thereof, the exact alignments of streets, points of access, the configurations and placements of parking areas and the precise locations, heights and masses of buildings and parking decks to be constructed have not been determined.  As a consequence, the graphics which accompany this sheet are schematic in nature and are not to be considered as specific site development plans rather as preliminary graphic representations of the types and quality of development proposed for each component.

2. On-street parking may be provided on any private street on the site.

3. The total number of ingress/egress points to Davis Drive and High House Road shall be limited to the number shown.  The exact locations may vary somewhat from those depicted based upon final design and location requirements as regulated by the NCDOT.

4. The setback along the site’s frontage on Davis Drive and High House Road shall be 10 feet in width.  Project design elements may be located within the setback along the site’s frontage.  Such elements may include water features, outdoor dining, dining umbrellas and furniture, architectural monuments, decorative lighting, overhead trellises, sidewalks, landscape pavers, and other such items.

5. The setback between the village component and other Searstone sites shall be 0 feet in width.

6. The site may be divided into separate lots.

7. Drive throughs may be included.

8. No single retail tenant on the Site will occupy more than 50,000 sf of space per floor.

Master Land Use Data for Continuing Care Retirement Community (CCRC)

Master Land Use Data -Continuing Care Retirement Community Tract

Setbacks

Building Height and Parking

Rezoning Conditions

Revisions to the section titled “Circulation” of the PUD Document

The typical sections for the streets included under Circulation dictate a 30” curb and gutter.  We request the ability to install 24” curb and gutter as an alternate.  The back of curb to back of curb dimension of all street sections will be maintained independent of which curb and gutter is used.

The typical sections for the streets call for a 6 foot wide sidewalk.   The applicant requests the ability to install 5 foot sidewalks as an alternate.  The width of the ingress/egress easement will be maintained as currently approved.

Applicant’s Justification Statement Submitted (December 6, 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. Are there any issues with the size of the tract?

There are no issues associated with the tract size.

2. How is the request compatible with the comprehensive plan?

Our proposed modifications to a previously approved PDD are compatible with the Town’s comprehensive plan in the following ways:

a)       Proposed land use is the same as previously approved

b)       Proposed increases in density are moderate and do not occur adjacent to any of our residential neighborhoods.

c)       Although some traffic impact is anticipated, it is our opinion that most traffic generated by proposed expansion will not occur during peak traffic hours (i.e. retail, traffic, hotel, traffic, or young professionals working on site).

d)       Our proposed increase in density will have no impact on existing open space (a large portion of which is dedicated to public use) because we plan to expand upward – not outward.  Existing open space will remain as previously approved.

e)       New urbanism requires density and verticality to be efficient, functional an appealing to its constituency.  We need this moderate amount of additional density if we are to be true to the concept of new urbanism.

3. What are the benefits and detriments to the owner, neighbors and community?

Our proposed revisions relate primarily to the retail component of Searstone and we are proposed to enhance the urban concept by augmenting the use and density in an effort to increase efficiency, enhance the quality of life, improve convenience and expand opportunity for not only the residents of Searstone, but also the adjacent residential neighborhoods.

Young professionals will be the target of proposed residential expansion with enhanced medical/professional offices in which they can work and increase specialty retail opportunities to conveniently accommodate their needs.

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?

Our proposed uses, with the exception of a targeted residential component, are simply moderate expansions of previously approved uses and are compatible in every way with existing/proposed uses on adjoining tracts.  None of our proposed expansion is adjacent to an existing residential neighborhood and except for moderate traffic impact, should provide convenient and services heretofore unavailable for our community (i.e. an intensely developed urban park with an aquatic theme, a conservatory, professional services enhanced shopping opportunities, etc. 

We now have a development partner of national reputation capable of producing an enhanced concept of what we have previously described and you have previously approved.

5. What reductions/amendments and or modifications to the development standards of the LDO are being requested and how are they justified?

See the tables included with the PDD Amendment submittal package for a detailed description of the requested changes.

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 20^th 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 an approximation.  The actual number of students will vary depending on several factors such as dwelling unit type, number of bedrooms, and dwelling size.  For example: a site with 298 one bedroom apartments could yield only 8 new students while a site with the same number of three bedroom apartments could yield  225 students.

The basis for making this calculation is based on multipliers provided by the Wake County Schools Office of Student Assignment.  During the rezoning process, proposed student yield can not be exact 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

Staff’s presentation is attached to and incorporated in these minutes as Exhibit C. A valid protest petition was filed on this request.

Mr. Bill Sears stated it is obvious he has not appropriately informed the neighbors of his intentions based on the protest petitions that were submitted. He regrets this, and he has taken measures to introduce himself to the neighbors. He stated the traffic impact study notes no impact on current traffic conditions. He stated the only condition on the original planned development document not completed is the median on High House Road. It was not required by the council but was requested by Sears Farm. They seek removal of this because the right-of-way required for this improvement for the planted median would adversely impact the neighbors due to road alignments. He stated there is a misunderstanding regarding the health care facility, which is intended to accommodate the people that live in the community. He stated they will build 26 beds instead of 36 as originally proposed, because in the beginning most of their residents will be healthy. They foresee the need for about 155 beds in the future. It is not a public hospital. They seek to work with surrounding hospitals to use some of these beds in the beginning when they are empty. He stated the stormwater requirements were for a one-year storm, but they increased it to a 10-year storm. He stated after hearing neighbors’ comments, he instructed the John R. McAdams Company to build a 50-year stormwater facility. They have added three stormwater structures to accommodate this stormwater detention. Mr. Sears stated they are not seeking big box in the usual sense; instead, they want specialty retail components to enhance the neighborhood (i.e., Southern Seasons, etc.). He stated they would not accept discount stores. He stated their commercial partner is a premier, high-end retailer in the southeastern United States and beyond. He stated new urbanism is sometimes used inappropriately to describe projects. He stated they plan to add about 200 employees with the retirement community staffing, and the new urbanism concept is to provide places to live on-site for these employees as well as those that will work in the medical facilities. He stated they will have much better medical support than they originally thought, which will benefit the surrounding community. He plans to provide more detail to council in the next week.

A representative of the John R. McAdams Company stated the proposal is very similar to the original plan. He stated the conservatory will remain; they are only seeking to remove the precisely stated square footage for the conservatory to give them flexibility. He stated the lake will remain the size as approved in the earlier plan, and their stormwater will treat the 50-year storm. He stated the traffic study confirmed that the level of service will remain the same in most categories.

Mr. Dave Buell stated he is concerned with the apartments, the proposed increase in retail and office space, traffic, noise, school overcrowding and the general aesthetics of the development. He does not object to the building height. He is also concerned with the merits of the wording of the rezoning document, such as the statement that traffic will not occur during peak times. He stated traffic studies do not account for construction or future construction in the area.

Mr. Richard Byrne is glad to hear that Mr. Sears plans to meet with the surrounding neighbors. He thinks the 298 residential units in the proposal is too dense. He is opposed to the big box tenants and added they do not need a grocery st