DRAFT

(official minutes may be obtained from the Cary Town Clerk by calling 919-469-4011)

 

Cary Town Council Minutes
Thursday, March 8, 2007
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, 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.

 

_________________________

 

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

 

Parcel and Owner Information

Property Owners

County Parcel Numbers (Pin 10)

Real Estate ID’s

Acres ±

Sears Farm LLC

1142 Executive Circle, Suite D

Cary, NC 27511

0744515979

0744613580

0744620097

074463811

0342712

0068092

0342711

0110707

   1.50

45.17

24.00

4.57

Total

 

 

75.24 ±

 

Summary of Requested Rezoning

 

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

Location

Square Footage

Existing/proposed

Number of Units

Existing/Proposed

Comment

First Floor Retail

113,100/ 175,000

 

No single retail tenant will occupy more than 50,000 square feet of space per floor.

 

Second Floor Office

40,000/75,000

square feet

 

 

Third Floor Apartments

 

0/298

 

Hotel

 

110/200

 

Surface Parking

Parking Structure

 

Total Parking

320 spaces

360 spaces

______________

680 parking spaces

 

Request to remove parking totals and specify rations described above for retail, office and residential.  Parking will be provided with surface and structured spaces

 

 

 

 

 

Master Land Use – Village Tract Setbacks

 

Building  Setbacks

Existing

Proposed

 

Front: 10’ from Back of Curb

Side: 0’ side yard

Rear: 0’ rear yard, 10’ from parking

30’ from Davis Drive & High House Road

Front: 0

Side 0’

Rear: 0’

10’ from Davis Drive and High House Road

 

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.

 

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

 

  1. 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.

 

  1. 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.

 

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

 

  1. The site may be divided into separate lots.

 

  1. Drive throughs may be included.

 

  1. 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)

 

Existing Conditions

 

Proposed Revision

 

Comments

Assisted Living

Based on need

Healthcare Facility

Up to 155 Beds

Both residents and off-site use

Club House/Activity Center

+/-47,580 sf

+/- 39,034 sf (23 Apartment Units)

 

 

 

Conservatory

19,657 sf

No change

Square footage not defined

Remove square footage of building, possible parking under building

 

Master Land Use Data -Continuing Care Retirement Community Tract

Setbacks

 

CCRC Apartments

Existing Setbacks

Proposed Setbacks

 

Front: 20’ from BOC

Side: 30’ each side

Rear: 20’

Front: 0’

Side: 0

Rear: 0’

 

 

 

Clubhouse

Front: 20’ from BOC

Side: 30’ each side

Rear: 20’

 

 

Building Height and Parking

 

Building Key

Existing Conditions

Proposed

Q

Activity Center – 2 stories

Activity Center up to 3 stories

R

Conservatory – 2 stories

Conservatory – up to 3 stories with parking structure on lowest level

S

Assisted Living – 2 stories

Health Care Facility – up to 2 stories.

M, N, O and P

Buildings are sited above parking structures.  Each parking structure will accommodate 71 vehicles1

Each parking structure will accommodate up to 80 vehicles, but may be less than 71.

 

 

Rezoning Conditions

 

Existing Conditions

Proposed

 

12. The developer will be widening High House Road and constructing median along the property frontage.  Thus, the developer will enter into a developer’s agreement with the Town of Cary at the time of site plan approval for the CCRC Phase II or Village component.

 

12. Removed

 

13. The developer of the CCRC and the developers of the retail/office property will be responsible for landscape planting and maintenance of the median in High House Road.

 

 

14. An ingress/egress easement of between 50’-62’ for the on-site road will be added to the PUD document and will be recorded at the time of site plan approval.  See street sections, page 7.

14. An Ingress/Egress Easement of between 50’-62’ for Searstone Boulevard, Walker Stone Drive, Lilly Ridge Road and Winston Hill Drive will be added to the PUD document and will be recorded at the time of site plan approval.  See street sections, sheet 7. 

Added specific roads where the easement will apply.

26.  Healthcare accommodations, including assisted living and long-term care, will be constructed as demand requires after occupancy of the community.  The phasing or sequencing of healthcare construction will be based on actual demand and/or the actuarial characteristics of the resident population.

26.  Healthcare accommodations, including assisted living and skilled care, will be constructed as demand requires after occupancy of the community.  The phasing or sequencing of healthcare construction will be based on actual demand and/or the actuarial characteristics of the resident population.

Changed long term care to skilled care.

 

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.

 

  1. 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.

 

School Information

Assigned Schools

20th Day Enrollment

Permanent

Seat
Capacity

Average
Percent
Occupied

Projected Range of Additional
Students*

 

Green Hope Elementary

879

796

110

6-103

Davis Drive Middle

1089

1153

94

1-67

Green Hope High

2263

2335

97

1-55

Total Projected range of additional students

8-225

 

Current Enrollment and Building Capacity is based on the 20th day of the school year for 2005-2006 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

 

*The Projected Number of Additional Students is only 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 store in this area. He pointed out that the traffic study shows that Cary Parkway and High House Road will need to be widened to six lanes. He wants to better understand the proposal.

 

Mr. Van Kloempken supports the original plan, but he is opposed to the changes. He stated the changes will increase density (residential, retail, hotel) and will decrease parking and the size of the clubhouse and the conservatory. He stated the proposal drastically reduces most of the setbacks. Mr. Kloempken stated he believes the proposal fails at least four of the seven tests in the LDO.

 

No one else came forward to speak, and Mayor McAlister closed the public hearing.

 

Ms. Dorrel assured the residents that the proposal surprises her, and she looks forward to hearing more explanation from Mr. Sears. She asked if the conservatory parking structure is underground. Mrs. Grannan replied that the plan would allow underground parking, which is the reason for the increase in stories to allow a parking structure.

 

Mrs. Grannan stated staff recommends that council forward this issue to the May 21 Planning and Zoning Board meeting (instead of what was proposed in the staff report) so this property may be evaluated with the property to south. Some council members wanted to ensure that the Planning and Zoning Board would conduct a second public hearing on this issue, and Mrs. Grannan replied that the council may direct the Board to conduct a second public hearing.

 

Ms. Dorrel stated she wants to better understand the traffic study, and she is concerned about setbacks.

 

Mr. Roseland asked about the Cary Parkway and High House Road traffic study results. Mrs. Grannan stated the study calls for construction of a 100 foot southbound right-turn lane on Davis Drive at High House Road; Cary Parkway at High House Road calls for the construction of a 150 foot southbound right turn lane as indicated on the original Sears Stone traffic impact analysis. Mr. Roseland asked if the road improvements will eliminate the landscaping. Mrs. Grannan stated the study calls for road widening. Mr. Roseland asked staff to include the traffic analysis detail in the staff report. Mr. Dick Moore stated he will update the staff report to include this information.

 

Mayor Pro Tem Smith stated the original plan was a model of cooperation, and he stressed the need for cooperation moving forward with this proposal.

 

Mrs. Robinson stated the council is not comfortable going beyond four-lane median divided roads. She is opposed to a six-lane roadway in this area, so it will take a lot of cooperation with the property owners and developers on the four corners in this vicinity. She is concerned about the traffic increases, because there is a project to the north that is proposing very high densities. She does not think the road can support these densities. She stated landscaped setbacks would be good in this community. She likes the planted median that was originally proposed and would like it to remain. She urged council to meet with staff to learn more about the proposal, especially the traffic study.

 

Mrs. Robison stated the comprehensive traffic study for Cornerstone and Sears Stone is important to development in this area. She asked if the 300 units was included in the study. Mr. Moore will verify this. He stated the combined traffic study that was requested by staff will be completed in two to three weeks.

 

Mr. Portman asked if there has been any discussion about structuring percentages to the current footprint and having the freedom to move them. Mrs. Grannan stated the percentages are open. She added that capacities would be based on the overall sqare footage allotments. She stated all the footprints would be removed according to proposed conditions. Mr. Portman does not think this is a minor change to the original proposal. He is pleased with the stormwater upgrade to accommodate the 50-year storm. He asked if the traffic study accounts for the senior retired component, because he thinks it is relevent to peak times if these seniors choose to drive at non-peak times. Mr. Moore stated it is factored in the traffic study and there are different trip capacities for the various use classifications.

 

Mrs. Robinson stated a loop road that goes around all four quadrants would provide traffic relief. Mr. Bailey stated the combined comprehensive study will provide this level of detail.

 

Mrs. Robison is concerned about the ambiguity of the proposal due to the loss of specifications.

 

Ms. Dorrel stated the proposed retail and commercial will serve the larger community. She asked if the traffic study takes this into consideration. Mr. Moore stated the commercial land use factors used are for retail uses that anticipate trips from outside and inside the development. Ms. Dorrel wants to see the details of the study.

 

ACTION: Mrs. Robison moved to move this forward (to the May 21, 2007 Planning and Zoning Board meeting) with a second public hearing at that meeting. Mr. Portman provided the second.

 

Ms. Dorrel stated this action should not set a precedent for future cases. She stated in this case the applicant did not meet with the neighbors in advance, and this is the reason for council requiring a second public hearing at the Planning and Zoning Board.

 

ACTION: Vote was called for on the motion, and council granted unanimous approval.

 

_________________________

 

2.   Comprehensive Plan Amendment 07-CPA-01, Evans Estates Phase 2 Comprehensive Plan Amendment
The property is located at 110, 120 and 160 Anita Way and contains 17.90 acres. The current comprehensive plan designation is medium density residential; the proposed comprehensive plan designation is low density residential. Council may refer this item to the May 21, 2007 Planning and Zoning Board meeting. (Ms. Meredith Chandler)

 

Town of Cary, North Carolina
Comprehensive Plan Amendment Data Sheet
07-CPA-01 Evans Estates Phase 2 
 

Request  

The applicant is requesting Council approve a Resolution to amend the Land Use Plan Map of the Comprehensive Plan for the Town of Cary to change the land use designation of approximately 17.87 acres located at 110, 120, and 160 Anita Way from Medium Density Residential (MDR) to Low Density Residential (LDR). 

 

The purpose of a comprehensive plan amendment is to evaluate the appropriateness of a proposed land use and/or other issue, need, or opportunity for the subject parcel(s) 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 specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.

 

Background Information

 

Applicant

David Ward on behalf of Ray Joseph Bailey, Carolyn Bailey Haith and Constance Bailey Colby

Agent

David Ward
ProEngineering, PLLC
122 N. Salem Street STE 201
Apex ,
NC 27512
(919) 303-7050

Acreage

17.9 +/-

General Location  
 

110, 120, and 160 Anita Way

Hearings / Meetings

Public Hearing

March 8, 2007

Planning & Zoning

May 21, 2007

Town Council

June 14 or 28, 2007

Land Use Designation  
 

Medium Density Residential (MDR)

P&Z Recommendation

to be provided after P&Z meeting

Existing Use
 

Vacant

Proposed Use

 

Single Family Detached Homes and any other uses permissible under R-12 Zoning

Town of Cary Case Manager

Scott Ramage
scott.ramage@townofcary.org  (919) 462-3888

 

Applicable Comprehensive Plan Requirements:  

A. Land Use Plan:  This request does not conform to the adopted Land Use Plan.  The land use plan designation is Low Density Residential (LDR).  

 

B. Transportation
Existing Section:  2-lane residential, 50’ Right of Way (ROW)

Future Section:  2-lane residential, 50’ ROW

Road Improvements:  None scheduled

Sidewalks Requirements: on at least one side of all streets

Bicycle Requirements: N/A

Transit Requirements:  None required

Traffic Analysis: A Traffic Impact Study is not required since the density is less than 2.175 per acre.  

 

C. Parks & Greenways: 
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, a recreation payment-in-lieu will be required for any subdivided residential lots in accordance with the Town’s Land Development Ordinance.  

 

D.  Open Space and Historic Resources:  N/A  

 

E.  Affordable Housing:  N/A  

 

F.  Growth Management:  N/A 

 

Town Council Criteria for Consideration in Reviewing Comprehensive Plan Amendments:  

 

Section 3.2.2(B) of the Land Development Ordinance states that “Proposals to amend the Comprehensive Plan shall be evaluated based upon whether the amendment is necessary in order to address conditions including, but not limited to, the following:”

  • A change in projections or assumptions from those on which the Comprehensive Plan is based;
  • Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;
  • A change in the policies, objectives, principles, or standards governing the physical development of the Town or any other geographic areas addressed by the Comprehensive Plan; or
  • Identification of errors or omissions in the Comprehensive Plan.

 

Other Reference Information  

Applicant’s Justification Statement Submitted December 27, 2006  

The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary .  Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition):  

1.  Are there any issues with the size of the tract? No  

2.  How is the rezoning request compatible with the comprehensive plan?  The Zoning is not compatible with the Comprehensive Plan.  The Owners prefer R 12 Zoning to R8.  The Owners plan to live in the subdivision and have lots large enough to construct 3.500 to 5,000 square foot homes.  This would be difficult with R8 lots.  

3.  What are the benefits, detriments to the owners, neighbors, and community?  Larger lots with larger houses than the Evans Estates subdivision would benefit the owners with a greater resale value.  

4. How are all the allowable uses with the proposed zoning compatible to or how do they relate to the uses currently present on adjacent tracts?

The allowable uses with the R12 zoning are the same as the existing subdivision.  All adjacent land is residential or R40 zoning. The rezoning will have increased value to all property adjacent to this land.  

 

Resolution for Consideration at time of final action follows:

 

07-CPA-01 Evans Estates Phase 2

 

A RESOLUTION TO AMEND THE OFFICIAL LAND USE PLAN MAP OF THE TOWN OF CARY TO CHANGE THE LAND USE PLAN DESIGNATION OF APPROXIMATELY 17.87 ACRES LOCATED at 110, 120 and 160 Anita Way  owned by Ray Joseph Bailey, Carolyn Bailey Haith and Constance Bailey Colby FROM MEDIUM DENSITY RESIDENTIAL (mdr)  TO LOW DENSITY RESIDENTIAL (ldr).

 

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

 

Section 1:  The Official Land Use Plan Map is hereby amended by this Comprehensive Plan Amendment described as follows:  

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel Numbers  (10 digit)

Real Estate ID(s)

Area/Acres

Ray Joseph Bailey
209 Ivey Gate Lane
Garner ,
NC 27529  

0764290673

0021244

7.54

Carolyn Bailey Haith
2435 E Goldenrod Street
Phoenix , AX 85048  

0764293220

0297358

5.17

Constance Bailey Colby
199 North Shore Drive
Beaufort ,
NC 28516  

0764283982

0297357

5.16

Total Acres

17.87

 

Section 2:  That this Property’s land use plan designation changes from Medium Density Residential to Low Density Residential subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

Section 3.  This resolution shall be effective on the date of adoption.

 

To be signed by the Mayor Upon Council Approval

 

 

Mayor McAlister

 

Date

 

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

 

The applicant chose to hold his comments until the next public hearing.

 

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

 

_________________________

 

3.   Rezoning 07-REZ-01, Evans Estates Phase 2
The property is located at 110, 120 and 160 Anita Way and contains 17.90 acres. The current zoning is Residential-40; the proposed zoning is Residential-12. Council may refer this item to the
July 16, 2007 Planning and Zoning Board meeting.
(Mrs. Debra Grannan)

 

Town of Cary, North Carolina

Rezoning Data Sheet

07-REZ-01 Evans Estates Phase 2 

Debra Grannan, Case Manager

 

Request

 

The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 17.87 acres located at 110, 120, and 160 Anita Way from Residential 40 (R40) to Residential 12 (R12) 

 

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) 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 specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted.

 

Background Information

 

Applicant

David Ward on behalf of Ray Joseph Bailey, Carolyn Bailey Haith and Constance Bailey Colby

Agent

David Ward

ProEngineering, PLLC

122 N. Salem Street STE 201

 Apex, NC 27512

 (919) 303-7050

Acreage

 17.87+/-

General Location

110, 120, and 160 Anita Way

Hearings / Meetings

Public Hearing

March 8, 2007

Planning & Zoning

July 16, 2007

Town Council

August

9 or 24, 2007

Land Use Designation

Medium Density Residential (MDR)

Town Limits

Corporate Limits

ETJ X

Outside ETJ

Annexation

Not Required 

With Site Plan X

With rezoning

Valid Protest

To be determined

P&Z Recommendation

to be provided after  the Planning & Zoning Board Meeting

Existing Use

Vacant

Proposed Use

Single Family Detached Homes and any other uses permissible under R12 Zoning

             

 

The applicant has submitted the following proposed zoning conditions:

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  This rezoning request does not conform to the adopted Land Use Plan which designates this area as Medium Density Residential.  An amendment to the Comprehensive Plan has been requested by the applicant under case 07-CPA-01 which is also scheduled for a Public Hearing on March 8, 2007.

 

B. Transportation
Existing Section:  2-lane residential, 50’ Right of Way (ROW)

Future Section:  2-lane residential, 50’ ROW

Road Improvements:  None scheduled

Sidewalks Requirements: on at least one side of all streets

Bicycle Requirements: N/A

Transit Requirements:  None required

Traffic Analysis: A Traffic Impact Study is not required since the density is less than 2.175 per acre.

 

C.  Parks & Greenways:  According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan a recreation payment-in-lieu will be required for any subdivided residential lots in accordance with the Town’s Land Development Ordinance.

 

D.  Environmental:   According to the Town of Cary GIS maps, there is a stream buffer on a portion of this site. The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

 

E.  Buffers:  According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 20’ wide landscaping area planted to Type “B” Buffer standards between this use and the adjacent Class 2 uses.  This may be located within the platted portion of a lot.

 

F.  Streetscape:  N/A; Not located along a thoroughfare or major collector roadway.

 

Consistency with the Land Development Ordinance

 

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

 

Existing and Requested Zoning District Comparison:

 

District Regulations

Existing Zoning

(R40)

Requested Zoning

(R12)

Maximum Gross Density (du/ac)

 

19

64

Minimum Lot Size (square feet)

 

40,000

12,000

Minimum Lot  Width at Building Line

150’with septic tank/well

(160’ for corner lot)

125’  with public sewer

(135’ for corner lot)

80’

(90’ for corner lot)

Side Yard Setback

20’ with well/septic tank

15’ with public sewer

10’

Street Setback

From Thoroughfare 50’

From collector 30’

Other streets: 20’

From Thoroughfare 50’

From collector 30’

Other streets: 20’

Rear Yard Setback

30’

25’

Maximum Building Height

35’

35’

 

Town Council Criteria for Consideration in Reviewing Rezonings:

 

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing rezonings:

 

1.             The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.             The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.             The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.             The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.             The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.             The proposed zoning classification is suitable for the subject property;

 

Other Reference Information

 

Schools

The school information is being provided for your review; however, the Wake County
Board of Education controls capital projects for school capacities.

 

School Information

Assigned Schools

20th Day Enrollment

Permanent

Seat
Capacity

Average
Percent
Occupied

Projected Range of Additional
Students*

Northwoods Elementary

 

538

537

100%

18- 27

West Cary Middle

 

992

988

101%

4 -10

Cary High School

 

2,446

2,499

102%

5-12

Total Projected range of additional students

27 - 49

 

* Current Enrollment and Building Capacity is based on the 20th day of the school year for 2005-2006 as supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

* The Projected Number of Additional Students is only a rough approximation.  The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. For example a site with 64 three bedroom dwellings could yield 27 additional students, while 64 homes with four or more bedrooms could yield 49 students.  The basis for making this calculation is based on multipliers provide from Wake County Schools Office of Student Assignment.  At Rezoning, student yield can not be accurately determined due to unknown variables.

 

Applicant’s Justification Statement Submitted December 27, 2006

 

The following statements are provided by the applicant in response to the criteria established in the application and does not necessarily represent the views or opinions of the Town of Cary.  Any statements as to the type, quality or physical features are at the direction of the applicant and may be formulated into a condition):

 

1.  Are there any issues with the size of the tract? No

 

2.  How is the rezoning request compatible with the comprehensive plan?  The Zoning is not compatible with the Comprehensive Plan.  The Owners prefer R 12 Zoning to R8.  The Owners plan to live in the subdivision and have lots large enough to construct 3.500 to 5,000 square foot homes.  This would be difficult with R8 lots.

 

3.  What are the benefits, detriments to the owners, neighbors, and community?  Larger lots with larger houses than the Evans Estates subdivision would benefit the owners with a greater resale value.

 

4. How are all the allowable uses with the proposed zoning compatible to or how do they relate to the uses currently present on adjacent tracts?

The allowable uses with the R12 zoning are the same as the existing subdivision.  All adjacent land is residential or R40 zoning. The rezoning will have increased value to all property adjacent to this land.

 

Ordinance for Consideration at time of final action.

 

07-REZ-01 Evans Estates Phase 2 (General Use District)

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY17.87 ACRES LOCATED along 110, 120 and 160 Anita Way  owned by Ray Joseph Bailey, Carolyn Bailey Haith and Constance Bailey Colby FROM Residentail 40 (R40)  TO Residential 12 (R12).

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

 

Section 1:  The Official Zoning Map is hereby amended by rezoning the area described as follows:

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel

Numbers  (10 digit)

Real Estate ID(s)

Area

Acres

Ray Joseph Bailey

209 Ivey Gate Lane

Garner, NC 27529

 

0764290673

0021244

7.54

Carolyn Bailey Haith

2435 E Goldenrod Street

Phoenix, AX 85048

 

0764293220

0297358

5.17

Constance Bailey Colby

199 North Shore Drive

Beaufort, NC 28516

 

0764283982

0297357

5.16

Total Acres

17.87

 

Section 2:  That this Property is rezoned from Residential 40 to Residential 12 subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.

 

Section 3.  This ordinance shall be effective on the date of adoption.

 

To be signed by the Mayor Upon Council Approval

 

 

Mayor McAlister

 

Date

 

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

 

Mr. George Bailey has not achieved his goal of eliminating the protest petition, but he has met with neighbors for more than a year. He stated the meetings were poorly attended.

 

Mr. Ray Bailey stated he and his family will live in this subdivision.

 

Mr. David Ward, on behalf of the property owners, stated they prefer larger lots, which resulted in the proposal.

 

Ms. Tamara Boles expressed her support of the proposal. She stated she is related to the applicants. She thinks some of her neighbors’ concerns are excuses to avoid change. She stated the construction on Evans Road is a Town project, and the applicants have no control over the timing or execution of the project. She stated based on information she received, by the time the preparation of the land would begin, the Evans Road project should be completed, so this issue should resolve itself unless something arises beyond the applicant’s control. She stated some neighbors are concerned with one access point during construction. She stated this is not a problem based on the multiple homes that have recently been built in this area, which did not negatively impact traffic. She believes the rezoning will increase surrounding property values. She stated the applicants must consider the environmental conditions on the proposed land use, and she expects superior landscaping. However, she does not think this issue can be addressed until the topographical studies are completed. She stated citizens must trust their local government to put controls in place that are in the best interest of the residents. She stated some of her neighbors are concerned about safety with regard to construction vehicles. She believes that the majority of safety issues occur when other drivers attempt aggressive driving maneuvers to go around these vehicles. She is personally more concerned about the frequency of the neighborhood residents speeding through the neighborhood. She fully supports this proposal.

 

Ms. Phyllis Lang is concerned about the increase in traffic and the timing of the Evans Road widening. She hopes the construction on this land can be delayed until construction traffic can enter off of the widened Evans Road. She stated their homeowner association does not allow residents to park in front of their homes on the street because the road is too narrow. She has seen in the past with construction of homes in the neighborhood when construction traffic actually blocked the streets to the point they were impassable. She stated the intersection of Evans Estates Drive and Evans Road is often already a bottleneck during rush hour traffic, which also serves as a bus-stop for neighborhood children.

 

Mr. Mark Lavigne stated he is not against the rezoning, but he would like to see conditions. He would like a temporary access on the new road instead of allowing construction traffic to use existing roadways. He does not want to see the property clearcut to accommodate this development. He would like this to be a condition of the rezoning.

 

Mr. Joseph Bailey, a relative of the applicant, supports the proposal. He does not think the construction traffic will impede quality of life, because construction has occurred in this neighborhood for the past six years.

 

Mrs. Taunya Alexander, a homeowner in this subdivision and a relative of the applicant, stated she supports this request. She stated construction traffic and the school bus stop safety concerns have not been problems with past construction in the neighborhood. She stated there will be a total of 100 feet where the trees will remain between this development and the homes bordering it.

 

Mr. Earl Coombs stated he supports the rezoning to a lower density.

 

Mr. Bruce Brown, the president of the homeowners’ association in this development, stated there are 52 homeowners; 22 responded to a survey the circulated; 20 were in favor of the rezoning; 2 were opposed. For those in favor, the homeowners often expressed some of the concerns that have been heard at this meeting. He stated the homeowners’ association has not taken a stance; instead, they represent the neighborhood.

 

Mr. Ismael Rodriguz supports the request and thinks it will increase his property value.

 

No one else came forward to speak, and Mayor McAlister closed the public hearing.

 

Mr. Roseland stated he lives in this neighborhood. He stated the majority of neighbors support the comprehensive plan amendment to go to a lower density. He stated there is significant support for this request, but people would like to see conditions associated with this rezoning request. Mrs. Grannan stated this is a non-conditional rezoning so there is no ability to add conditions. Mr. Roseland outlined three main concerns: (1) capacity of Evans Road and timing of road improvements and construction of the property, (2) construction traffic and (3) the need for public space to bring the neighborhoods together.

 

Mrs. Robinson concurred with the importance of providing community space.

 

Mrs. Robison asked about the road under construction (Bailey Park Road) and the anticipated date of connection. Mrs. Grannan stated the new road may be considered for construction traffic, but it is a site plan issue. She stated there is a stream buffer in the area, which would require study to see if connectivity could occur. She stated the applicant could request a waiver to the connectivity requirement, which would be decided by council.

 

Mr. Roseland asked if the Division of Water Quality (DWQ) must issue a permit to cross the stream. Engineering Director Tim Bailey stated this stream is deemed to exist unless a field determination shows it is not there. He stated this has not been done yet. He stated it if is determined to be a stream in the Neuse River Basin, then it will require DWQ approval to cross the stream with temporary construction accesses or permanent connections. He stated this determination would have to be made before the staff makes a determination on connectivity.

 

Mr. Roseland questioned the schedule for the Evans Road. Mr. Bailey stated the bid date is April 19, 2007; it will then go to the May operations committee meeting for contract award; the contracts will be signed about mid-June. He stated there is about a one year duration for contract time. He believes the project will be complete within a two year time period.

 

Mrs. Robison asked if the applicant can bring forward voluntary conditions. Mrs. Grannan replied negatively. She stated to add conditions to the case the applicant would have to withdraw the current request, lose their money, and seek a waiver to reapply. Mrs. Robison asked if the applicant could enter into private agreements with the homeowners that would not be enforceable by the Town. Mrs. Grannan responded affirmatively.

 

Mrs. Robison asked the number of lots planned that back up to the Black Creek greenway and whether the applicant will provide greenway access. Mr. Bailey (the applicant) stated they are required to have greenway access. He stated this project and Evans Road widening will be completed at about the same time and the road will probably be completed before the first house is built. He stated preliminary drawings show about 40 lots at this time. They do not own the property from Bailey to Evans Road and it is not part of this request.

 

ACTION: Referred the comprehensive plan amendment to the May 21, 2007 Planning and Zoning Board meeting

 

ACTION: Referred the rezoning to the July 16, 2007 Planning and Zoning Board meeting

 

_________________________

 

E.   PUBLIC SPEAKS OUT (one hour time limit)

 

Mr. Alan Soutter, a Grenadier resident, spoke about the MI Homes Stonebridge project. He stated he received an e-mail from staff regarding their concerns, and it is clear that there is a disconnect between the homeowner concerns and the staff’s response. He is concerned about a decrease in property value because of what Town staff is allowing MI Homes to do at the homeowners’ expense. He stated specifically, they are using homeowners’ properties to fix the problems in the MI Homes design in order to maximize their shareholder value. Mr. Soutter stated their issue with the retaining wall is not height, but rather the position/location of the retaining wall. He stated in a separate area MI Homes has built a custom berm that is eight feet high in points and planting to the neighbors’ liking. He stated it took MI Homes five months to develop a stormwater system to the berm behind his home. He stated it took 42 feet to make the berm behind his neighbor’s home, and the plan for this berm is only 30 feet wide. He stated it is impossible for MI Homes to give these homeowners the same kind of berm with 25 percent less land. Instead of an eight foot high berm, he will only get a six foot high berm.

 

Mr. Marty Jacumen, senior pastor of First Baptist Church in Cary, spoke about the beer garden at Lazy Daze. He is concerned with alcohol having a negative impact on pedestrian traffic. He wants to avoid potential problems and urged council not to allow this to be part of the Lazy Daze event.

 

Mr. Bruce Knight, a Grenadier resident, spoke about the Stonebridge Subdivision issues. He stated the developer worked for five months and the only unresolved issue in those drawings was storm drainage behind the levy they built behind his and his neighbors’ homes. He stated in mid-December there were deceitful changes that disturbed him and his neighbors. He stated the berm documents have changed since the developer has built the berm for his neighbors, and he and his immediate neighbors were never intended to be separated out and dealt with individually just because the developer chose to erect a retaining wall behind their homes. He stated it appears that attorneys have added and deleted notes on those drawings. He has alerted staff of all the deceitful changes and he is still awaiting staff responses. He stated the design has problems, and they are using his and his neighbors’ properties as a swale to move their stormwater, and the Town staff is allowing this to occur. He urged council to consider this issue at the planning and development committee meeting.

 

Mr. Brent Miller spoke about citizens being at the top of the Town’s organizational chart, which he noted is fundamental to successful government. He encouraged the council to keep this in mind when making important decisions that impact the citizens of Cary.

 

_________________________

 

F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

 

There were no land development discussion items.

 

_________________________

 

G.   COMMITTEE REPORTS (discussion items)

 

Operations Committee, March 1, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Robinson)

 

The were no committee discussion items.

 

_________________________

 

H.   OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

 

There were no old/new business items.

 

_________________________

 

I.    CLOSED SESSION

 

Closed session was not called.

 

_________________________

 

J.   ADJOURNMENT

 

ACTION: At 8:43 p.m., Mayor Pro Tem Smith moved to adjourn; Mr. Roseland provided the second; council granted unanimous approval.