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DRAFT - contact the town clerk at 919-469-4011 for official minutes
Cary Town Council Minutes NOTE: Click on links where shown for full text minutes. Present: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Ervin Portman, Julie Robison and Nels Roseland; Council Member Jennifer Robinson arrived late, and her arrival time is noted in the minutes.
A. COMMENCEMENT
1. Call to Order (Mayor McAlister)
Mayor McAlister called the meeting to order at 6:30 p.m.
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2. Ceremonial Opening (Ms. Dorrel)
Ms. Dorrel provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
Mayor McAlister noted the following suggested changes to the agenda:
ACTION: Mayor Pro Tem Smith moved to adopt the agenda with the amendments noted above; Mr. Roseland provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
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B. CONSENT AGENDA
1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)
a. Consideration of approval of the minutes of the regular town council meeting held on March 8, 2007. (Town Council)
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
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b. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following citizen-initiated annexations. (Mr. Dan Matthys)
(1) CITIZEN INITIATED ANNEXATION PETITION 06-A-01 Property owner: Ali R. Hashemi-Nejad Property address: 801 NE Maynard Road Acreage: 10.74 plus 0.88 adjacent right of way = 11.62 total acres Zoning: Office and Institutional in a Planned Development District Major (OIP Wake) Contiguous to Corporate Limits: yes Proposed use: Office/Institutional in a Mixed Use Overlay District Associated rezoning or development plan: 05-AC-009 (Reedy Creek Activity Center Concept Plan); approved 11/14/2006
TOWN OF CARY, NORTH
CAROLINA
Annexation Petition Number: 06-A-01
UTILITIES:
MEETINGS: 06-A-01
CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION
I, the undersigned Town Clerk of the Town of Cary, do hereby certify that I have investigated the sufficiency of Annexation Petition of
Ali
R. Hashemi-Nejad;
as directed by the Town Council by resolution, and that my investigation reveals the following:
1. The signers of the Petition are the owners of the real property within the area proposed for annexation. 2. The area is contiguous to the municipal boundaries of the Town of Cary as defined by G.S. 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.
This 3/22/2007.
06-A-01 RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31
WHEREAS, the Town Council of the Town of Cary has received an annexation petition of
Ali R. Hashemi-Nejad;
requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary; and
WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary, North Carolina that:
Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, NC at 6:30 p.m. on 4/26/2007.
Section 2. The area proposed for annexation is described as follows:
LEGAL DESCRIPTION
Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of Cary, at least ten (10) days prior to the date of the public hearing.
ADOPTED 3/22/2007.
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
(Resolution is also on file in the town clerk’s office.)
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(2) CITIZEN INITIATED ANNEXATION PETITION 07-A-14 Property owner: Starcraft Builders, Inc. Property address: 7204, 7208, 7209, 7212, 7216, 7220, 7221, 7224, 7225, 7228, 7229, 7232, 7233, 7236, 7237, 7240, 7241, 7244 Bedford Ridge Drive Acreage: 5.18 plus 0.9 adjacent right of way = 6.08 total acres Zoning: Residential 30 Wake (R-30W) Contiguous to Corporate Limits: yes Proposed use: 07-REZ-05 (Park at West Lake)
TOWN OF CARY,
NORTH CAROLINA
Annexation Petition Number: 07-A-14
LOCATION:
Park @ West Lake-south of Optimist Farm Road, and west of West Lake Road
UTILITIES:
MEETINGS: 07-A-14 CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION
I, the undersigned Town Clerk of the Town of Cary , do hereby certify that I have investigated the sufficiency of Annexation Petition of
Starcraft Builders, Inc.; Wake County Parcel Identification #’s: 0679049489, 0679140605, 0679047593, 0679049753, 0679048712, 0679047702, 0679046595, 0679046721, 0679046515, 0679045741, 0679045534, 0679044760, 0679044554, 0679043780, 0679043573, 0679043700, 0679042593, 0679042629;
5.18 acres plus 0.9± acres of adjacent right-of-way;
as directed by the Town Council by resolution, and that my investigation reveals the following:
1. The signers of the Petition are the owners of the real property within the area proposed for annexation. 2. The area is contiguous to the municipal boundaries of the Town of Cary as defined by G.S. 160A-31, or is appropriate for annexation as a noncontiguous area as defined by 160A-58.
This 3/22/2007 .
07-A-14 RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31
WHEREAS, the Town Council of the Town of Cary has received an annexation petition of
Starcraft Builders, Inc.;
Wake County Parcel Identification #’s: 0679049489, 0679140605,
0679047593, 0679049753, 0679048712, 0679047702, 0679046595, 0679046721,
0679046515, 0679045741, 0679045534, 0679044760, 0679044554, 0679043780,
0679043573, 0679043700, 0679042593, 0679042629;
requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of Cary ; and
WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Cary , North Carolina that:
Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary , 316 N. Academy Street , Cary , NC at 6:30 p.m. on 4/26/2007 .
Section 2. The area proposed for annexation is described as follows:
LEGAL DESCRIPTION
Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of Cary , at least ten (10) days prior to the date of the public hearing.
ADOPTED 3/22/2007 .
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
(Resolution is also on file in the town clerk’s office.)
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3. Planning and Development Committee, March 15, 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) (Mr. Roseland)
a.
Summerwinds Inc. – Transportation Agreement Modification
(EN07-082)
STAFF REPORT
Planning & Development Committee, March 15, 2007
From: Tim Bailey, P.E., Director of Engineering
In 2001, Summerwinds Inc. executed an agreement providing cash payments in exchange for the Town significantly accelerating a capital project to modify interchange improvements at US1/64 and Cary Parkway. Intersections at the ramps failed when the traffic impact analysis was performed. The amount of the payment for Summerwinds is $166,600.00. Staff has received a written request from Carolyn Buffaloe Yetter to phase the payments as development occurs.
Staff supports a phasing of the payments in two phases. Phase one is currently due for the office site plan recently approved on the Southwest side of Cary Parkway. Phase two would consist of development on the Northeast side of Cary Parkway that has been contemplated as a retail site. Based on land area to approximate the payments per phases the breakdown follows:
Fiscal Impact: The only fiscal impact is the interest cost of delaying the revenue which can’t be determined until a specific date of the second phase is known. In 2004, Town Council approved a similar phased concept for Carolina Investment Partners.
Staff Recommendation: Staff recommends approval of phasing payments to coincide with development plans as outlined in the Staff Report.
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
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b.
RDU Aloft Hotel - Request for Waiver (EN07-090)
STAFF REPORT
Planning and Development Committee, March 15, 2007
From: Tim Bailey, Engineering Director
Ballentine Associates, on behalf of their client, is requesting a waiver from thoroughfare improvements required in conjunction with the development of RDU Aloft Hotel, as well as a waiver from constructing sidewalk along their Aviation Parkway and RDU Center Drive frontage.
The Town’s Land Development Ordinance requires the following:
8.2 Uses Requiring Site Plans 8.2.2 Required Improvements (A) Required Features In addition to meeting the standards set forth in Section 8.2.1 above, the developer or applicant shall be required to do the following: (1) Dedicate any additional right-of-way necessary to achieve the width required by the Town's Transportation Plan for all streets adjoining the property; (3) Install curbs and gutters along all streets adjoining the property and to pave all streets adjoining the property, in accordance with the requirements set out in the Town's Standard Specifications and Details Manual and the Town's Transportation Plan.
Ballentine Associates states that there is sufficient existing right-of-way to accommodate the ultimate 6 lane median divided cross section (3 lanes in each direction separated by a landscaped median) as required by the Town of Cary Comprehensive Transportation Plan. Our 6 lane section requires a 124’ right-of-way. Along this project frontage, Aviation Parkway currently has 2 lanes in each direction with additional left turn lanes at intersections. The existing road is not centered within the existing right-of-way; improvements have been made right up to the right-of-way on the RDU Center side, leaving unimproved right-of-way on the western side of the road. Ballentine Associates proposes that the widening necessary to achieve the 6 lane section be done on the western side.
Properties to the immediate north and west of RDU Center are owned by Raleigh Durham International. These properties are not required to get Town of Cary development plan approval and subsequently, are not required to meet Cary’s Comprehensive Transportation Plan requirements. The Raleigh Durham Airport Authority has informed Town Staff of a proposed development in the NE quadrant of National Guard Drive and Aviation. A deceleration lane on Aviation Parkway is the only roadway improvement being required of the development. Aviation Parkway is 4 lane median divided across this project frontage.
Staff feels that sidewalk should be installed along the hotel RDU Center Drive frontage to encourage pedestrian circulation between the hotels and offices within RDU Center. Staff feels that sidewalk along Aviation Parkway from RDU Center Drive southward towards I-40 would most likely not be used due to the lack of development in place in the area as can be seen on the attached aerial.
Fiscal Impact: None
Staff Recommendation: Staff recommends that Town Council waive the requirement for additional widening of, and sidewalk installation along, Aviation Parkway along the RDU Aloft Hotel frontage. Staff further recommends that Town Council require the installation of sidewalk on RDU Center Drive along the RDU Aloft Hotel frontage.
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
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c.
WakeMed Hospital Modification
(EN07-091)
STAFF REPORT Planning and Development Committee, March 15, 2007
WakeMed Hospital Modification (EN07-091) Speaker: Mr. Tom Horstman
From: Tim Bailey, P.E., Director of Engineering
WakeMed Hospital, Town of Cary Project number 06-SP-124, is planning a proposed expansion to its campus and is requesting a modification to its site plan to eliminate the surrounding roadway from the impervious surface area calculation of the project. Chapter 4.4.6(I) of the Town of Cary Land Development Ordinance (LDO) allows Town Council to make a decision regarding this request. The Ordinance states that in the Swift Creek Watershed, the Town Council may modify the standards of section 4.4.6(F), Limitation on impervious Area and Density, where using perimeter or adjacent roadways in the impervious surface calculations causes a development to exceed the allowed impervious surface percentage.
This project is bounded on 2 sides by roadways, specifically Kildaire Farm Road to the east and Tryon Road to the south. Highway 64 also abuts the property for a short segment to the north. Because the parcel is now surrounded by roadways, eliminating them from the impervious surface area calculation would allow the parcel to develop to the maximum extent allowed. With the inclusion of the adjacent roadways the development would be above the 70 percent maximum impervious area that is allowed under the Reservoir Watershed Protection Ordinance. The elimination of these roadways from the calculation will allow the project to develop within the Town’s Land Development Ordinance and the State of North Carolina’s water quality rules.
Fiscal Impact: None
Staff Recommendation: Staff recommends granting this modification.
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
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d.
Annexation of Western Wake WRF/EPS Site by Apex (PWUT07-17)
STAFF REPORT Planning and Development Committee, March 15, 2007
Annexation of Western Wake WRF/EPS Site by Apex (PWUT07-17)
Consideration of Annexation of Western Wake WRF/EPS Site by Apex
From: Robert K. (Kim) Fisher, P.E., Director of Public Works and
Utilities
The Western Wake Project Partners (Apex, Cary, Holly Springs and Morrisville) Policy Advisory Committee (PAC) met on February 27, 2007 and took two actions that are related to the jurisdiction of the Water Reclamation Facility (WRF) and Effluent Pump Station (EPS) Site (Site):
1) Confirmed selection of the Town of Apex as the electric service vendor for the Site, and,
2) Directed the Technical Advisory Committee to continue with development of the Apex/Site 14 Water and Sewer Extension Policy and requested that the Town of Apex incorporate the Policy into their local water and sewer extension and service policies.
Currently the Site is in Wake County’s jurisdiction. After taking the actions listed above, PAC members discussed whether it was appropriate to consider requesting annexation of the Site by Apex. Considerations included:
1) While the Town of Apex can provide electric service to customers outside their municipal limits, staff indicated at the PAC meeting that it is very difficult to do so. If the Site is annexed it would make power provision much easier.
2) The Apex/Site 14 Water and Sewer Extension Policy anticipates that at some time in the future, although not as a condition for receiving water and sewer service under the Policy, properties in the nearby community will be annexed by the Town of Apex.
3) Engineers designing the WRF and the EPS are at a point where knowing which entity will have jurisdiction over the site will influence their site layouts and design standards.
Following discussion, the PAC approved a motion to request that the Town of Cary request annexation of the Site by Apex.
Fiscal Impact: Funding: There is no fiscal impact associated with the recommendation noted in this staff report.
Operating: There are no operating impacts associated with the recommendation noted in this staff report.
Staff Recommendation: Staff recommends that the Town of Cary submit a petition for annexation to the Town of Apex for the Western Wake Water Reclamation Facility and Effluent Pump Station Site.
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
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e.
Habitat for Humanity
Land Acquisition
(PL07-019)
STAFF REPORT
Planning and Development Committee, March 15, 2007
Habitat for Humanity Land Acquisition (PL07-019)
Speaker: Mr. Philip Smith
From: Jeffery G. Ulma, Planning Director
Background: On April 29, 2004, Town Council authorized $135,000 in CDBG and $130,000 in Affordable Housing Program funds to Habitat for Humanity to purchase two existing triplexes at 406 and 412 Waldo Streets for use in their homeownership program. The triplex at 412 Waldo Street had suffered a fire that made the structure uninhabitable. Habitat planned to demolish both triplexes and build six new homes on the site. Although Habitat signed a purchase contract for the properties, they were unable at the time to reach agreement with the seller on a closing date.
On April 27, 2006, the Town Council reprogrammed Habitat’s CDBG funding from 412 Waldo Street to allow them to pursue other properties within the TCAP area. In response, Habitat reached an agreement to purchase property located at 517 Old Apex Road. Although they are still designing the site, Habitat believes they can construct 10 units on this property.
Meanwhile, the burned triplex at 412 Waldo Street was demolished through code enforcement efforts. Subsequently, the owner of the Waldo Street properties has re-approached Habitat’s Executive Director again offering to sell these properties. Habitat does not have adequate funds to purchase both the Waldo Street properties and the 517 Old Apex Road property and has requested $460,960 in additional funds to assist with the acquisition and site development expenses.
The availability of suitable property is viewed by staff as the biggest obstacle to providing affordable housing. Staff supports Habitat’s efforts to take advantage of these acquisition opportunities. The Waldo Street properties and surrounding neighborhood would benefit from the new investment in homeownership and would provide stability to that end of Waldo Street. It also complements the Town’s investment in another community development project, the refurbishing of Urban Street Park just across the street. The Waldo Street properties and the Old Apex Road properties formerly contained seven rental units and would be replaced by up to 16 homeownership opportunities. The Council has asked staff to develop projects and programs that increase the percentage of homeownership in the TCAP area. To meet Habitat’s immediate cash and timetable needs, staff recommends that $210,000 be allocated from the Affordable Housing fund, of which $193,000 would be used to acquire 517 Old Apex and demolish the structure on it and the remaining $17,000 would be used to demolish the triplex on 406 Waldo Street. The $265,000 currently allocated to Habitat would be used to acquire 406 and 412 Waldo Street. These funds would get the three properties under Habitat’s ownership and clear the existing structures. Habitat may need to request additional funding through the Town’s FY2008 CDBG/Affordable Housing application process for their site development needs. Town staff has not been able to fully evaluate the site development request and is not prepared to recommend approval of that portion of Habitat’s request at this time.
Fiscal Impact: Habitat for Humanity has requested $460,960 in grants to purchase and develop properties at 517 Old Apex Road and 406/412 Waldo Street in addition to $265,000 in funds currently allocated to Habitat. Staff supports awarding $210,000 of the $460,960 requested and deferring the remaining $250,960 request to the FY2008 CDBG grant cycle later this spring. Should the Council wish to grant this request, a source for this funding would be the Affordable Housing Program. This program currently has a balance of $600,000.
Staff Recommendation: Staff recommends that the Town Council approve Habitat’s request for funding in the amount of $210,000 from the Affordable Housing Program.
ACTION: Mrs. Robison moved to approve the consent agenda; Mayor Pro Tem Smith provided the second; council granted unanimous approval. (Mrs. Robinson was absent for this vote.)
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C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Presentation by the Teen Advisory Committee announcing the 2007 Cary Teen Forum.
Representatives of the teen advisory committee gave details about the upcoming 2007 teen forum.
Mrs. Robinson arrived at this point in the meeting at 6:36 p.m.
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2. Presentation of proclamation honoring retiring employee Robert K. (Kim) Fisher.
The council presented the following proclamation to Mr. Fisher.
HONORING ROBERT K. (KIM) FISHER UPON HIS RETIREMENT
WHEREAS, Robert K. (Kim) Fisher has announced his plans to retire on April 1, 2007, after more than 22 years of service with the Town of Cary Public Works and Utilities department serving the citizens of Cary. He is being honored by his friends and co-workers who are deeply appreciative of his loyalty and dedication to his profession, and who recognize him as an outstanding leader and valued member of the Town of Cary organization; and WHEREAS, Kim’s employment with the Town of Cary began in 1984 when he accepted the position of Assistant Public Works Director. Over the years he has served the citizens of Cary as Public Works Director (beginning in 1987), Utilities Director (beginning in 1994), and in 1995 was promoted into his present position, Director of Public Works and Utilities; and WHEREAS, Kim has made a lasting contribution to the Cary community through his vision, compassion, and thoroughly innovative high quality of work. During the past 10 years, Kim was responsible for implementing over $280 million of infrastructure improvements; and WHEREAS, in 2004 Kim received the Robert S. Hopson Leadership Service Award from the North Carolina Chapter of the American Public Works Association, and he was also named an honorary life member of the American Water Works Association that same year. Kim and his department continually have been recognized for operational effectiveness, which is due to Kim’s leading by example; and WHEREAS, Kim has also been involved in his community. He coached the Raleigh Cobras from 1979 to 1984, and played many roles in the Raleigh Ski and Outing Club from 1981 through 2002. He also served as a volunteer for the Annual 10k Walk for Hope from 1997 to 2001; and WHEREAS, Kim also served our country as a company grade signal officer from 1968 to 1970 for the U.S. Army in Vietnam and retired from the Reserves in 1999 after achieving the rank of lieutenant colonel. NOW, THEREFORE, I, Ernest F. McAlister, Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council, do hereby extend our personal congratulations, commendations and appreciation for the service Robert K. Fisher has provided to the Cary community, and extend our personal best wishes upon his retirement, wishing him success in all future endeavors. PROCLAIMED this 22nd day of March 2007.
(Proclamation 07-016 is also on file in the town clerk’s office.)
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D. PUBLIC HEARINGS (click on this link for the full text minutes of all public hearing items)
The following rules apply to the first special use public hearing (07-SU-001):
This quasi-judicial hearing considers an application for a variance or a special use permit. It requires an evidentiary hearing on the application, which will be heard by Council acting as a quasi-judicial board. The purpose of the hearing is to enable Council to gather legally acceptable evidence in order to establish sufficient facts to apply the applicable ordinance. No ex parte contact of Council is permitted. This means that Council should not discuss or receive information about the merits of the case from the parties, or members of the public, before the hearing. All testimony before Council must be "sworn" testimony. All persons wishing to speak on this matter must be sworn in. Applicants may elect to be represented by legal counsel. All persons wishing to speak will be given a reasonable time in which to be heard; however, groups are encouraged to select a spokesperson to speak for the group in order to avoid repetitious testimony. All documents provided to Council to consider as evidence should be numbered and copies must be provided to the Clerk and to the other party. Inflammatory, irrelevant or repetitious testimony is not permitted. The applicant has the burden of producing sufficient substantial, competent and material evidence for the Council to conclude that the standards of the applicable ordinance(s) have been met. PROCEDURE FOR THE HEARING The procedure for hearing this case is as follows: · A staff representative presents a preliminary statement. · The applicant is called on to present the argument in support of the application, followed by others who wish to speak in support of the application. · Persons opposed to the application are invited to speak. · Both sides are permitted to question the other side. · Both sides are permitted to present rebuttals. · The hearing is closed. The Council deliberates in order to reach a decision. In the course of the deliberation, the Council may ask questions of the staff, the applicant or others who have testified, but beyond that, additional comments from the floor will be admitted only at the discretion of the Mayor.
1.
SPECIAL USE PERMIT 07-SU-001 The following rules apply for the remainder of the public hearings:
The public is asked to adhere to the following guidelines for the public hearings: · Proceed from the aisle behind the town clerk and complete the sign-in sheet. · Provide the clerk with copies of any handouts you have for council. · Step to the podium next to the clerk. State your name clearly. · Be concise; avoid repetition; limit comments to five minutes or less; designate a spokesperson for large groups. · Each person may speak once for a specific public hearing. 2. West Lake Development
a.
CITIZEN INITIATED
ANNEXATION PETITION 07-A-10
b.
REZONING 07-REZ-02, West Lake Planned Development District (PDD)
Amendment
3.
MIXED USE SKETCH PLAN 06-MU-07, Cornerstone 4. CITIZEN-INITIATED ANNEXATIONS NOT ASSOCIATED WITH DEVELOPMENT-RELATED PUBLIC HEARINGS
a.
CITIZEN INITIATED
ANNEXATION PETITION 07-A-08
b.
CITIZEN INITIATED
ANNEXATION PETITION 07-A-13 _________________________
E. PUBLIC SPEAKS OUT (one hour time limit)
Betty Waller stated she represents Fairway Outdoor Advertising, and she distributed a handout, which is attached to and incorporated in these minutes as Exhibit J. She stated Fairway owns a billboard which has been on the same property for 50 years unchanged. She stated the LDO defines the billboard as a business; however, a billboard is not included as a sub-category of the sign definition. She said the billboard is Fairway’s business, and they wish to continue with this business in Cary. She stated Fairway’s business was swept up in the Town’s attempt to eliminate pole signs. She admitted that the billboard is a pole sign by definition. She stated Fairway has offered to do whatever is possible to continue to have the billboard.
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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)
1.
Land Development Ordinance Amendment,
Round 8 View the staff report and ordinance amendment.
Staff’s Powerpoint presentation is attached to and incorporated herein as Exhibit K.
Mrs. Robinson is concerned with bundling amendments to the LDO. She would prefer that the major amendments come to council in smaller bundles, and she asked that this be considered in the future.
Mrs. Robinson said her primary concern is with urban transition buffers. She stated the notes in the staff report state that after the work session the council believes the process for buffer variances currently works well and council doesn’t want variances to be heard by the Zoning Board of Adjustment, and the proposed amendment was revised to allow the council to retain this process. She stated this is in conflict with the wording of the ordinance amendment that states the Zoning Board of Adjustment will hear the variances. Ms. Currin stated she understands that there was further direction after the work session from council members to clarify that council would hear the modifications to the UTBs up to 15%, and it would be a quasi-judicial hearing. She added that any other variances to the UTBs would go to the Zoning Board of Adjustment. She stated at the time of the work session it was stated that council wanted to be involved in the process of hearing the variances to the buffers; but since then and upon further direction, it was revised.
Mrs. Robinson asked when the above change in direction was given and by whom. Mr. Roseland stated this was a legal discussion in a closed session where the town attorney described three types of variances, and council decided that the council would hear the majority of the variances, but the Zoning Board of Adjustment would hear the other variances.
Mr. Tom Horstman of the Engineering Department stated that council directed that the council would make decisions on impacts up to 15%. He stated anything above 15% would not be allowed, and if someone could then prove that their property would have no value, then they would go to the Zoning Board of Adjustment for the variance request. Mr. Roseland stated this is a very high standard.
ACTION: Mayor Pro Tem Smith moved to approve the entire proposed ordinance amendment as presented; Mr. Roseland provided the second; council granted unanimous approval.
Ordinance 2007-04 is also on file in the town clerk’s office.
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G. COMMITTEE REPORTS (discussion items)
Planning and Development Committee, March 15, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Roseland)
NOTE: This item was removed from this council agenda and will be placed on the April 26, 2007 agenda for council action.
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2.
Chatham-Cary Joint Plan Project Update
(PL07-030)
a. the project schedule be revised to reflect the delay incurred by the Board at the February 20 work session and that firm dates be established in the revised schedule for when the Board needs to provide the project staff and Town Council with specific, direct, and concrete responses to issues raised by the joint staff and any necessary additional public hearings during the planning process be planned by the Board such that they can still provide staff and Council with feedback according to schedule;
b. the official stay on annexation requests be extended to September 28, 2007 in order to provide ample time for Chatham County and the Town to agree on the key elements of a joint plan to bring to public hearing; and,
c. in the event that feedback and direction is not provided by the Board according to schedule, or if the process stalls at the level of the Chatham Board of Commissioners or Planning Board, the Town of Cary could elect to either move forward independently with plan development and/or lift the stay on annexations while awaiting resumption of the project tasks.
STAFF REPORT Planning and Development Committee, March 15, 2007
Chatham-Cary Joint Plan Project Update
(PL07-030)
From: Jeffery G. Ulma, Planning Director
A. Summary This staff report summarizes the work completed to date on the Chatham-Cary Joint Land Use Plan, and the results of the February 20, 2007, joint work session of Town Council and the Chatham County Board of Commissioners. An update is then provided regarding the Town’s current stay on annexation petitions for properties in Chatham County, and on delays affecting the project schedule. Finally, project schedule revisions are proposed for Council consideration based on these factors, along with a proposed amendment to the Council’s December 15, 2005, Resolution regarding the stay on annexation petitions within the joint planning study area.
B. Project Milestones to Date December 2005: Cary Town Council and Chatham County Board of Commissioners adopt a Joint Resolution to develop a Joint Land Use Plan. Spring 2006: Joint staff project team formed. Staff assembles background data, develops cartographic data and mapping in GIS (geographic information systems). Meetings held with U.S. Army Corps of Engineers staff for Jordan Lake. Staff plans the first community meeting, to “kick-off” the project with the community. June 7, 2006: First community meeting is held. Background data presented, and nature of the project is conveyed to citizens. Citizens provide feedback regarding their wishes and concerns for the study area. July-August 2006: Joint staff team prepares two alternative Plan Options for community consideration at the second community meeting. October 17, 2006: Second community meeting is held. Plan Options 1 and 2 are presented for public feedback and comment. November-December 2006: Joint staff team summarizes and reviews public comments, and holds meetings with NC Division of Wildlife Resources personnel, who offer additional information and suggestions. January-February 2007: Joint staff team develops a Revised Plan Draft based on public input from the October 17 community meeting, as well as input from the NC Division of Wildlife Resources and others. February 20, 2007: Joint work session held by the Chatham Board of Commissioners and the Cary Town Council, to review the plan options developed to date and to give staff guidance and direction for the next phase of plan development.
C. Stay of Voluntary Annexations In response to a resolution by the Chatham Board of Commissioners, on December 15, 2005, Town Council unanimously adopted a Resolution stating that Cary will not voluntarily annex lands in Chatham County “that are the result of future annexation requests occurring after this date (December 15, 2005), until the earlier of adoption of a joint planning document or September 2006.”
At the time of Cary’s Resolution, there were three pending annexation cases which had been submitted prior to the effective date of December 15, 2005:
05-A-23, Roscoe Seagroves et al., O’Kelley Chapel Road. Withdrawn by applicant on January 5, 2006. 05-A-33, Galaxy Investments, West Ferrell Road and Lewter Shop Road. On January 26, 2006, Council voted 4-3 to table this case indefinitely “until it is tied to either a long range plan, a subdivision plan or a rezoning to allow the council to see the whole package together.” Rather than move forward and bring in an associated rezoning or subdivision case at this time, the applicant has voluntarily tabled his application until the joint plan is developed.< |