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DRAFT (Contact the town clerk at 919-469-4011 for official minutes)
Cary Town Council Minutes Thursday, May 10, 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.
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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)
ACTION: Mayor Pro Tem Smith moved to adopt the agenda; Mrs. Robison provided the second; council granted unanimous approval.
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B. CONSENT AGENDA (click on the links to see full text minutes herein)
The council pulled item B.3.a., 2007 Cary Candidate Forum(s), for discussion to allow Mayor Pro Tem Smith, who is a board member for the NC Center for Voter Education, to recuse himself from the vote.
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 April 26, 2007 and the minutes of the work session held on April 24, 2007 regarding Western Wake Regional Wastewater Management Facilities. (Approved) b. Consideration of adoption of an order authorizing the issuance and sale by the Town of not to exceed $44,500,000 combined enterprise system revenue and revenue refunding bonds, series 2007, and authorizing the execution and delivery of certain documents in connection therewith. (Approved) c. Consideration of appointing Stewart Dickinson to the economic development commission to fill an unexpired term. (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-27,
Modern Woodmen of America
b.
Rezoning 06-REZ-29, Waverly
c.
Mixed Use Sketch Plan 06-MU-05, Waverly 3. Operations Committee, May 3, 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)
b.
Kumar Court Right of Way Closing (EN07-099)
c.
North West Street
Right of Way Closing
(EN07-102)
d.
Green Level Church
Road Right of Way Closing
(EN07-107)
e.
Condemnation Resolution –
Highcroft
Village Sewer Extension
(EN07-108)
f.
Bid Award for
Evans Road
Widening (EN07-109)
g.
Western Wake Effluent Pipeline Design for 2030 Flow Capacity (EN07-110)
h.
Triangle Area Water Supply Monitoring Project Phase VI (PWUT07-20)
i.
New Financial Reporting
Requirements Related to Other Post-Employment Benefits (OPEB)
(FN07-08)
j.
Position Classification and
Pay Study (HR07-04)
k.
Budget Adjustment for the C-Tran Program (PL07-031)
l.
Update of Operation and
Maintenance Activities Assessment
(PWUT07-18)
m.
Water Shortage Response Plan and Water Use Reduction Measures
Amendments (PWUT07-19)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS 1. Presentation of a proclamation to Denny Edwards, President and CEO of the Greater Raleigh Convention and Visitors Bureau, designating May 12-20, 2007 as Tourism Week in Cary. (Presented)
RECOGNIZING MAY
12-20, 2007 AS
WHEREAS, travel is at the heart of America’s economic and national security. It generates millions of jobs and billions in revenues, and is a vital resource in improving America’s image around the world; and
WHEREAS, the travel and tourism industry in the Town of Cary and throughout North Carolina is important to our economic well-being and it contributes substantially to Cary’s cultural and social health. With travel as one of our most fundamental freedoms, every citizen benefits from the experiences travel brings to them including personal growth and education, intercultural understanding and appreciation for history, geography and culture; and
WHEREAS, tourism is a clean industry found in all 100 counties in our state and continues to employ more than 187,000 people in North Carolina; and
WHEREAS, tourism continues to be a growth industry in North Carolina, generating more than $15.4 billion in expenditures last year. These expenditures added nearly $1.3 billion in revenues to our state and local governments; and
WHEREAS, as people throughout the world become increasingly aware of the outstanding cultural and recreational opportunities available in the Town of Cary and throughout the United States, travel will become an increasingly vital resource in improving mutual respect and understanding; and
WHEREAS, given the laudable contributions to the economic, social, and cultural well-being of the citizens of Cary, it is fitting that we recognize the importance of the American travel industry.
NOW, THEREFORE, I, Ernest F. McAlister, Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council, do hereby proclaim the week of May 12-20, 2007, as TOURISM WEEK IN THE TOWN OF CARY, and I call upon the citizens of Cary to observe this week with appropriate ceremonies and activities.
PROCLAIMED this 10th day of May 2007.
________________________________ Ernest F. McAlister, Mayor
Attest:
______________________________ Karen C. Gray, Deputy Town Clerk
Mayor Pro Tem Smith presented the proclamation.
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2. Presentation of the proposed Fiscal Year 2008 Capital and Operating Budget documents. The manager will officially present the proposed budget documents; no council action is required. A public hearing will be conducted on May 24, 2007 and June 14, 2007. (Presented)
The proposed budget is included in the minutes of the May 8, 2007 budget work session minutes.
Town Manager Coleman stated the council has conducted one work session and another is scheduled for May 15, 2007; he stated public hearings will be conducted on May 24 and June 14, 2007. He stated the operating budget totals $148,541,704, and the capital budget totals $233,940,367.
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D. PUBLIC HEARINGS
1.
REZONING 07-REZ-07, Gaglione Property Town
of Cary, North Carolina
Request The Town of Cary Planning Department is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 1.85 acres located at 2533 O'Kelly Chapel Road from Residential 40 Chatham County (RA-40) to Residential 40 (R40). Because the subject property is located outside Cary’s ETJ base zoning must be established with the associated voluntary annexation request (07-A-13), therefore the Town is initiating the rezoning process.
The request to annex was generated through an emergency request to connect to the Town’s utilities due to a breakdown in the existing private well of the residence. On February 15, 2007 Staff brought forward to the P&D Committee a request for consideration of an exception to the joint resolution with Chatham County to allow this property to connect to the Town of Cary utility system and at its February 5, 2007 meeting, the Chatham County BCC unanimously approved a motion to allow this property to be annexed and served by the Town of Cary utilities.
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
Consistency with the Comprehensive Plan
A.
Land Use Plan:
B.
Transportation:
C.
Parks & Greenways:
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;
Schools The proposed rezoning will not yield an increase in the number of lots or dwelling units and therefore, will have no additional impact on area schools.
Applicant’s Justification Statement A justification statement is not required since establishing a Town of Cary base zoning is required with the associated annexation.
Ordinance for Consideration at time of final council decision 07-REZ-07 Rezoning
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 1.85 ACRES LOCATED ALONG O'KELLY CHAPEL ROAD OWNED BY PATRICK AND KATHLEEN GAGLIONE FROM RESIDENTIAL 40 CHATHAM (RA-40) TO RESIDENTIAL (R40).
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:
Section 2: That the Property is rezoned from Residential 40 Chatham to Residential 40 subject to all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, policies and guidelines.
Section 3: This ordinance shall be effective on the date of adoption.
Staff’s powerpoint presentation is attached to and incorporated as Exhibit B.
No one came forward to speak, and Mayor McAlister closed the public hearing.
ACTION: Referred to the May 21, 2007 Planning and Zoning Board meeting
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2.
MIXED USE SKETCH PLAN, 07-MU-02, Tryon Village MUSP Amendment Town
of Cary, North Carolina Jennifer Currin, Case Manager
Request The applicant is requesting Council approve an amendment to a previously approved mixed use sketch plan to allow office/warehouse and retail uses on approximately 2.79 acres (subject site) located on the west side of Walnut Street, east of the Tryon Village Apartments, and south of the Centrum at Crossroads shopping center and within the Swift Creek Mixed Use Overlay District.
The purpose of the Mixed Use Overlay District is to enable the development of lands in areas designated as mixed use centers on the Land Use Plan Map in accordance with the guidance of Comprehensive Plan and individual mixed use sketch plans. It is intended to promote higher-density, mixed-use developments of varying sizes, as an alternative to lower-density separate-use suburban sprawl-type development.
Mixed use sketch plans are conceptual documents that address the general density, mix of uses, and development patterns within a mixed use center. They are less detailed than the site plans required for full site plan review. The intent is to provide sufficient information to determine consistency with the Comprehensive Plan and the Town’s Design Guidelines. Specific development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site plan is submitted.
Background Information
A. Land Use Plan: This request conforms with the adopted Land Use Plan. The current land use designation is Mixed Use (MXD); the proposed Office/Warehouse and Retail uses fit are consistent with uses permitted under the Mixed Use designation. The subject parcels are part of the Swift Creek Community Mixed Use Center which currently includes a mix of Commercial (COM), Office/Institutional (OFC/INS), Churches, Medium Density Residential (MDR), and High Density Residential (HDR). B.
Transportation
Walnut Street Traffic Analysis: No TIA is required for this proposed change. The traffic analysis for Tryon Village is still valid.
C. Parks & Greenways:
D.
Environmental:
E.
Buffers:
F.
Streetscape: Consistency with the Land Development Ordinance The proposed project is in the mixed use sketch plan stage and therefore preliminary engineering of the site has not been provided to Staff for review. Prior to Site 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.
Previously Approved and Requested Mixed Use Sketch Plan Comparison (for subject site):
Town Council Criteria for Consideration in Reviewing Mixed Use Sketch Plans:
Proposed mixed use sketch plans shall be reviewed for compliance with the following approval criteria where deemed appropriate (i.e., it may not be practical for some existing or partially-built mixed use district to achieve certain design standards).
Section 4.4.2 (J) of the Land Development Ordinance sets forth the following criteria that Council should consider in reviewing mixed use sketch plans. (1) The mixed use sketch plan has been prepared consistent with the requirements of this Section and the Land Use Plan;
(2) The mixed use
sketch plan
(3) The mixed use
sketch plan (4) The mixed use sketch plan includes medium- and higher-density housing; (5) The mixed use sketch plan includes some formal outdoor space for public use, such as a park, village green, or plaza; larger mixed use centers should include more such space than smaller centers; and (6) The mixed use sketch plan demonstrates that there has been participation by residents, property owners in the surrounding neighborhoods, and the Town, so that the proposed development responds specially to the unique conditions of the area.
Other Reference Information
Applicant’s Justification Statement Submitted (March 29, 2007)
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. Any issues with the size of the tract? The tract is of sufficient size to handle proposed buildings, parking, buffers and other required elements per the Town of Cary ordinances.
2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The Comprehensive Plan includes a Community Activity Center at this location and the uses proposed are within the guidelines established for activity centers. The proposed land uses have already been approved for this development.
3. What are the benefits and detriments to the owner, neighbors and the community? The additional proposed office and retail shop space will further provide neighborhood support services. This site is adjacent to over 300 multifamily units and will offer residents walking distance to community services, i.e. medical, dental, insurance, ice cream shop, small deli shop, dry cleaners etc.
4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? This proposal fulfills the needs of having a mix of uses, specifically office and retail components, within the activity center as called for in the Town of Cary Comprehensive Plan. The uses proposed adhere to the previously approved plans for the Tryon Village Mixed Use Development. There are a number of larger big box users in the area, but the immediate area is presently under served with neighborhood type retail and office support users.
5. PDD (new or amended): What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? Applicants must list these items and/or clearly highlight them with the Planned Development document. (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document. This proposal calls for no new reductions or modifications to LDO standards.
Staff’s powerpoint presentation is attached to and incorporated in these minutes as Exhibit C. A valid protest petition is filed on this case.
Mr. J.W. Shearin of ETd stated this plan was originally approved for 20,000 square feet of retail. Now based on the design the owner is proposing 16,000 square feet of retail and 4,000 square feet for storage and office area. He stated there is additional land on the back toward the apartments on the loop road, and the owner wants to look at additional retail opportunities since the retail square footage is not maximized. He stated they propose a two-story vertical design with the office over the retail. He stated they have prepared a design with 3,600 square feet of retail on the first floor, and they are asking for an additional 3,600 square feet of office above this retail. He stated the net result is 3,600 square feet of office with the use of the warehouse at the furniture store. Mr. Shearin confirmed that the warehouse will be committed to this particular store and will not be used as a regional warehouse.
No one else came forward to speak, and Mayor McAlister closed the public hearing.
Mrs. Robison asked how much space in the Centrum area is designated as warehouse space. Ms. Currin of the planning staff will provide this information before the planning and zoning board meeting
Mrs. Robinson doesn’t think the buildings relate well in the conceptual design (one faces the delivery area of the other). She suggested amending the conceptual design. Mr. Shearin stated the delivery area is well screened. He stated they prepared four layouts and this particular layout was staff’s preference.
Mr. Roseland asked if the zoning stipulates a furniture retailer. Ms. Currin stated the previously approved zoning only stipulates retail.
ACTION: Referred to the August 20, 2007 Planning and Zoning Board meeting
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E. PUBLIC SPEAKS OUT
Ms. Paula Lipford, PTSA president of Green Hope High School, thanked the council for the recent grant for after-prom activities and a defensive driving program.
Mr. Nate Youd, a student at Green Hope High School, thanked the council for the grant, which provided them with safe after-prom activities. He urged the council to expand it to other schools in the area. He stated plans for a school-wide assembly on safe driving will occur at the beginning of next school year.
Mr. Ken Bobbitt stated he lives in Cary and commutes to his employment in Durham. He stated I-40 has only two lanes after the Wade Avenue split, and it would help commuters if this was widened.
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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.
Rezoning 06-REZ-40, Stephens Road property rezoning
06-REZ-40 Stephens Road Property Rezoning
Existing Zoning: Residential 40 (R40) Requested Zoning: Transitional Residential Conditional Use (TR-CU)
Zoning Conditions: 1. The peak stormwater discharge rate from the site during a 5-year post-development storm event shall not exceed the peak stormwater discharge rate for the 1-year pre-development storm event. 2. The peak stormwater discharge rate from the site during a 25-year post-development storm event shall not exceed the peak stormwater discharge rate for the 10-year pre-development storm event. 3. Minimum lot size 6,100 square feet. 4. The use | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||