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DRAFT
Cary Town Council Minutes
Click on any links herein to see full text minutes. 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 (Mrs. Robison)
Mrs. Robison provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
At the request of the applicant, the council is asked to remove item F.1., Comprehensive Plan Amendment 07-CPA-04, Indian Wells, from this agenda and reschedule it for the October 11, 2007 council meeting. (NOTE FROM TOWN CLERK: After the council meeting the applicant requested that the item be placed on the October 25, 2007 council meeting agenda instead of the October 11, 2007 council meeting agenda.)
At the request of the applicant, the council is asked to remove item F.2., MIXED USE SKETCH PLAN 07-MU-02, Tryon Village MUSP Amendment, from this agenda and reschedule it for the October 25, 2007 council meeting.
ACTION: Mrs. Robison moved to approve the amended agenda, including removing items F.1. and F.2. as requested. Mayor Pro Tem Smith provided the second, and council granted unanimous approval.
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B. CONSENT AGENDA
1. Regular Consent Agenda (click on this link to see full text minutes of the consent agenda items)
a. Consideration of approval of the minutes of the regular town council meeting held on September 11, 2007. (Approved)
b. Consideration of a waiver to allow Helen Hutchings to continuing serving on the Information Services Advisory Board. (Approved)
c. Consideration of adoption of the September 2007 tax report. (Approved)
d. Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on the following citizen-initiated annexation. (Approved)
ANNEXATION PETITION 07-A-25
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. Park at Westlake
(1)
ANNEXATION PETITION 07-A-18
(2)
REZONING 07-REZ-08, Park at
Westlake
b.
Rezoning 07-REZ-09, Batchelor Property/Prentiss Creek 3. Planning and Development Committee, September 20, 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.
Symphony Lake Stormwater
Discharge Easement
(EN08-035)
b.
Status Report on the Housing Rehabilitation Program (PL08-011)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
There were no recognitions, reports and presentations on this agenda.
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D. PUBLIC HEARINGS
1. Copperleaf Planned Development
a.
Annexation 07-A-24
Annexation Petition Number:
07-A-24
UTILITIES:
MEETINGS: 07-A-24 AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY WHEREAS, on 7/26/2007, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below: Derby Downs, LLC; Wake County Parcel Identification #0724445622; including 3.99 acres, plus 0 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and WHEREAS, on 8/23/2007, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and WHEREAS, on 8/23/2007, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 9/27/2007, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that: Section 1. The area described in the petition and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on TBD with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance. A map and description of the annexed area are on file in the Planning Department, Cary Town Hall.
LEGAL DESCRIPTION Section 2. That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina. Section 4. Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques. Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1 Section 5. Pursuant of G.S. 160A-23, the boundaries of Electoral District A are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District. Adopted on __________________.
b.
REZONING 07-REZ-18,
Copperleaf Planned Development District (PDD) Amendment Request
The applicant is requesting Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 3.99 acres located at 9837 Green Level Church Road, from Residential-40 Wake County (R-40 W) to Copperleaf Planned Development District (PDD) Amendment.
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
The applicant has submitted the following proposed zoning conditions: The applicant is not proposing any conditions outside the existing PDD document.
Consistency with the Comprehensive Plan
A. Land Use Plan: This rezoning request conforms to the adopted Land Use Plan. The land use plan designation is Very Low Residential (VLDR) within the Southwest Area Plan which permits 0.5 units per acre. The proposed density at 1.0 unit per acre for the project is in conformance with those permitted in VLDR land use designation as modified by the Conservation Residential Overlay. Additional open space will need to be preserved in order to achieve this density. The applicant has proposed 9.20 acres of primary open space, sufficient to achieve the density bonus.
B. Growth Management Plan: 1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development. 2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions. 3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space. 4. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encourage desired forms of development. 5. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals. 6. Q1 Guiding Principle: Continue Cary’s leadership role in quality growth and development.
C. Affordable Housing Plan:
D. Comprehensive
Transportation Plan: Future Section: 4-lane median-divided rural thoroughfare (Southwest Area Plan) Road Improvements: None scheduled Sidewalks Requirements: N/A Bicycle Requirements: Included in future rural typical section Transit Requirements: None Traffic Analysis: A traffic study is not required since this proposal generates less than 20 peak hour trips.
E. Parks & Greenways Master Plan:
F. Environmental:
G. Buffers:
H. Streetscape:
Consistency with the Land Development Ordinance
The Copperleaf PDD was originally approved for a maximum of 137 dwelling units on approximately 137 acres. Therefore, the overall density was 1 dwelling unit per acre. The proposed Copperleaf PDD amendment meets the overall density of 1 dwelling unit per acre. The applicant proposes to add approximately 4 acres and permit an additional 4 detached dwelling units to the SF-1 portion of the Copperleaf PDD. Therefore, a maximum of 141 dwelling units on approximately 141 acres would be permitted. The current PDD provides 8.36 acres of primary open space and the PDD amendment provides an additional 0.84 acres bringing the total to 9.20 acres of primary open space. The applicant is not proposing any changes to specific development standards within the SF-1 portion. In SF-1, the PDD requires a 20,000 square feet lot size minimums, minimum 80’ average lot width, 30’ minimum setback to rear wall, 30’ minimum front building setback, minimum 10’ side setback, minimum of 20’ corner side setback, and a minimum 35’ corner side setback along a collector.
Town Council Criteria for Consideration in Reviewing Rezonings and PDD’s:
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; 7. The PDD designation is necessary to address a unique situation or represents a substantial benefit to the Town, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and 8. The request complies with the standards and intent of a PDD, as outlined is Section 4.2.3 (LDO).
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.
** 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. 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.
***Wake County does not provide multipliers for individual grades. The projected range for additional high school students is for both Panther Creek and Green Hope High Schools.
Applicant’s Justification Statement Submitted (July 26, 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?
See the Justification Statement.
2. How is the request compatible with the comprehensive plan (i.e. Land
Use, Transportation, Open Space and Historic Resources)?
See the Justification Statement.
3. What are the benefits and detriments to the owner, neighbors and the
community?
See the Justification Statement. 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? See the Justification Statement.
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 within the Planned Development document. See the Justification Statement.
Justification Statement The Copperleaf PDD currently consists of 137 acres, combining a mix of very low density residential units with a variety of open space. As approved in April 2005, this PDD did not contain a 4 acre tract that is mainly land-locked inside of Copperleaf. This request adds that parcel in an attempt to unify the original Copperleaf PDD into a more continuous parcel. Adding this tract will assure the remainder of improvements to Green Level Church Road, making it consistent with the proposed road widening and streetscape of the current Copperleaf construction. All adjacent property is under ownership by Derby Downs, except for a small stretch of road frontage along Green Level Church Road. A few very low density residential units will be added along with additional open space, keeping the overall PDD in compliance with the density requirements of the Southwest Area Plan. The accompanying document will provide additional explanation of how this rezoning and PDD amendment will comply with the density and open space requirements set forth in the original Copperleaf PDD.
Ordinance for Consideration 07-REZ-18 Copperleaf Planned Development District (PDD) Amendment
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 3.99 ACRES LOCATED AT 9837 GREEN LEVEL CHURCH ROAD OWNED BY DERBY DOWNS, LLC FROM RESIDENTIAL-40 WAKE COUNTY (R-40 W) TO COPPERLEAF PLANNED DEVELOPMENT DISTRICT (PDD) AMENDMENT.
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 this Property is rezoned from Residential-40 Wake County (R-40 W) to Copperleaf PDD Amendment subject to the individualized development conditions set forth within the Copperleaf PDD amendment, and all the requirements of the Cary Land Development Ordinance (LDO) and other applicable laws, standards, polices and guidelines.
Section 3: The conditions mutually approved by the Town and the applicant for promoting public health, safety and the general welfare are set forth within the Copperleaf PDD Amendment. These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property.
Section 4: This ordinance shall be effective on the date of adoption.
Adopted and effective: (to be determined)
Staff introduced the annexation and the rezoning public hearing. Staff’s powerpoint presentation on the rezoning is attached to and incorporated in these minutes as Exhibit.
The applicant was present but had nothing to add to the staff’s presentation.
Mr. Larry Ballas asked someone to address the justification for satellite annexation in this case.
The mayor closed the public hearing.
Mrs. Robison asked staff to address the satellite annexation issue. Ms. Currin of the planning staff stated the annexation is contiguous to Town limits. Mrs. Robison asked if the requested density is compatible with the original planned development density. Ms. Currin concurred and added that they are requesting to add four acres to the planned development and increasing the total number of dwelling units by four (one unit per acre).
ACTION: Referred to the November 19, 2007 planning and zoning board meeting
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E. PUBLIC SPEAKS OUT
Mr. John Yoakum asked the council to draft and adopt campaign finance ethics that prohibits contributions to mayor and council candidates from any individual or entity that has clear opportunity to directly profit from decisions made by the council as well as contributions from out-of-town sources. He stated this will lessen the opportunity for corruption in the Town’s government. He offered his help in drafting a policy.
Mr. Larry Ballas commented on the Town’s population growth predictions on the Town’s Web site. Refer to Exhibit for material distributed by Mr. Ballas. He does not think these figures are accurate. He stated since 1990 Cary has grown less than 4% only seven times, which has resulted in Cary growing large very quickly, and he believes the Town leaders want this to continue. He stated Cary’s future growth is predicted at 3%, which is lower than the growth that has actually occurred. He stated if the population increases by 4%, then that will add 40,000 people up to 2025. He stated a 5% increase will add 86,000 more people. He stated Cary grew 5.86% last year, and if this continues it will increase the population by 132,000. He stated the 3% growth prediction is not accurate, and he stated the Web information should be corrected.
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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)
This item was removed from this agenda and rescheduled for the October 25, 2007 council meeting agenda.
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This item was removed from this agenda and rescheduled for the October 25, 2007 council meeting agenda.
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G. COMMITTEE REPORTS (discussion items)
Planning and Development Committee, September 20, 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)
1.
Rezoning Waiver Request – Davis Drive Property
(PL08-009)
STAFF REPORT Planning & Development Committee, September 20, 2007
From: Jeffery G. Ulma, AICP, Planning Director
Ms. Glenda Toppe, with Jerry Turner & Associates, Inc., is requesting a waiver of the one-year rezoning waiting period required by Sec. 3.4.1(G) of the Land Development Ordinance for land owned by DDMP Investments LLD, on behalf of John Weiland Homes.
This land was the subject of a rezoning application (07-REZ-12), which was submitted on May 31, 2007, and a public hearing was held on July 26, 2007 to rezone from Office & Institutional Conditional Use to Residential Multi-Family Conditional Use. That request was withdrawn by the applicant on August 30, 2007.
Directly south of the subject parcel is a vacant parcel owned by Christ the King Lutheran Church of Cary NC, Inc. Since the public hearing, John Wieland Homes has placed the property under contract. According to the attached letter, the request is to resubmit both parcels as a Planned Development District (PDD). The Comprehensive Plan amendment already underway for the northern parcel will continue through the process; no plan amendment will be requested for this additional property. The applicant indicates that together these parcels make up the last two undeveloped tracts of land in the area and the submittal of a PDD will ensure that both parcels develop in a cohesive, well-planned manner and the adjoining property owners will have the assurances they need as to the type and quality of development that is planned adjacent to them.
Fiscal Impact: None
Staff Recommendation: Staff supports this rezoning waiver request. Per the LDO, a “supermajority” vote of Council is needed to grant this request.
ACTION: Mr. Roseland moved to approve the waiver request; Mrs. Robison provided the second; council granted unanimous approval.
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2. Tree
Preservation, Mass Grading and Slab Construction
(PL08-010);
council may take action.
(Approved committee's recommendations on tree
preservation, mass grading and slab-on-grade construction; approved a
9-member task force to be appointed by staff including:
2
Members of the Developer Focus Group,
2 Members of the Planning & Zoning Board,
1 Representative from the NC State
Department of Forestry and Environmental Services Department,
1 Member of Town Council,
and 3 Cary citizens [3 Cary citizens will be selected from 2006-2007
board/commission applications on file in the clerk's office];
task force recommendations will be brought back to staff within 60 days
from its formation.)
ACTION: Mr. Roseland moved to approve and direct staff to come back and initiate a Land Development Ordinance revision process in terms of the tree preservation Option A, which deals with requiring reforestation plans on properties and proceed on with that process to public hearing; in terms of mass grading he moved to eliminate the ability to create sites without a proposed development plan without reasonable justification and that this move forward as an ordinance change; regarding slab-on-grade construction, he moved that staff develop language to limit the grading on single family construction to no more than three feet of natural contour. He further stated there are other minor adjustments to the policy that will provide further limitations on these issues, and as a package he moved to proceed with them. Mrs. Robison provided the second.
Ms. Dorrel asked for clarification on the motion. She asked if the motion on the tree preservation issue includes thinning of existing trees. Mr. Roseland concurred. Ms. Dorrel asked if the motion includes moving forward on the preservation of existing streetscapes. Mr. Roseland stated this is included in the motion, and there was unanimous agreement by the committee. Ms. Dorrel asked if the motion recommends Option A on the percentage of existing proposed trees. Mr. Roseland confirmed and stated that in effect this requires a reforestation plan in addition to the other policy changes. Ms. Dorrel asked which option the motion stipulates on mass grading. Mr. Roseland believes it is the first option. Mr. Portman concurred that it is the first option with the recommendation that a task force review the merits of the second option, but moving forward with modifications to the LDO for the first option, which deals with a three foot grade maximum for slab-on-grade construction. He stated there was some concern at committee if it made sense to do this as well as the percentage grade limitations, and this will be reviewed further by the task force. Ms. Dorrel asked if the motion moves forward with Option A for slab-on-grade construction. Mr. Roseland confirmed.
Ms. Dorrel asked the role of the task force. Mr. Roseland stated they will review further actions to limit grading and tree preservation. He stated many large cities have capital funding or tree forestation programs, and he wants the task force to provide feedback regarding financing tree forestation programs proactively and potential additional restrictions and regulations with development. He stated the task force will study these issues and make recommendations. Ms. Dorrel stated the motion provides specific recommendations in each category, and the task force will review additional action that could be taken in each of the three categories. Mr. Roseland concurred. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||