DRAFT - please contact the town clerk at 919-469-4011 for official minutes

Cary Town Council

Thursday, October 25, 2007

6:30 PM

Council Chambers

316 N. Academy Street, Cary, N.C.

Present: Mayor Ernie McAlister, Council Members Marla Dorrel, Ervin Portman, Jennifer Robinson, Julie Robison, and Nels Roseland

Mayor Pro Tem Jack Smith arrived late and his arrival 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 (Mr. Roseland )

Mr. Roseland provided the ceremonial opening.

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3.   Adoption of agenda (Town Council)

ACTION: Mr. Portman moved to adopt the agenda.  Mrs. Robinson provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith 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 joint work session with the Wake County School Board held on September 24, 2007 and the minutes of the regular town council meeting held October 11, 2007. (Town Council)

ACTION: Mr. Portman moved to adopt the consent agenda.  Mrs. Robison provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

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b.   Consideration of designating Julie Robison as the Town's official voting delegate at the National League of Cities Congress of Cities and Exposition Annual Business Meeting that will be conducted on November 17, 2007. (Town Council)

ACTION: Mr. Portman moved to adopt the consent agenda.  Mrs. Robison provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

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c.   Consideration of adoption of the October 2007 tax report. (Mr. Bill Coleman)

ACTION: Mr. Portman moved to adopt the consent agenda.  Mrs. Robison provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

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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)

There were no land development consent agenda items.

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3.   Planning and Development Committee, October 17, 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.   Town Recognized Events List Update (PL08-015)
Committee unanimously recommended adding the HBA Home Remodelers Tour to the list of Town Recognized Events in conjunction with the Raleigh/Wake County Home Builder’s Association’s Parade of Homes.

STAFF REPORT

Planning and Development Committee, October 18, 2007

Town Recognized Events List Update (PL08-015)
Consideration of adding the HBA Home Remodelers Tour to the list of Town Recognized Events
Speaker:  Ms. Debra Grannan

From: Jeffery G. Ulma, AICP, Director, Planning Department
Prepared by:  Debra Grannan, Senior Planner
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager

Background:  The Raleigh/Wake County Home Builder’s Association has requested the Town add the HBA Home Remodelers Tour to the list of Town Recognized Events. This event occurs in conjunction with the Parade of Homes, which is currently a Town recognized event.  A Town-recognized event is one which is sponsored, co-sponsored, proclaimed or otherwise recognized by the Town and generally brings visitors as well as participants to Cary.

Organizers of town-recognized events are allowed to post signs on private property without being required to obtain temporary use or sign permits.  The Home Builder’s Association is aware that any additional happenings associated with this tour, such as erecting tents or staging special activities would, however, require a temporary use permit so that the impacts could be evaluated by Town staff.

Staff proposes the following amended Town Recognized Events List:

Town Recognized Event List

The following list includes those events that are recognized by the Town of Cary as Town-recognized events.  This list may be amended as required only by action of the Town Council.

Cary Band Day

Cary High School Naval JROTC Drill Meet

Cary Jaycee’s Christmas Parade

Crop Walk

Cycling Spoken Here Bicycle Race

Heart of Cary Festival

Jimmy V Celebrity Golf Classic and associated events

Town Initiated, Planned, and Organized Events

Wake County Parade of Homes

Wake County Home Builders Association Remodelers Home Tour

While exempt from temporary use fees and sign permits, accepting any of these events as Town-recognized would not exempt them from Police or Fire Department regulations or building permit requirements, if necessary.

This list is maintained in the Town Clerk’s office and may be amended only through action of the Town Council.

Staff Recommendation:  Staff recommends approval of the amended Town Recognized Events List.

ACTION: Mr. Portman moved to adopt the consent agenda.  Mrs. Robison provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

(The Town recognized events list is on file in the town clerk’s office with the land development ordinance.)

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b.   Policy Statement 66 – Early Grading Permits (EN08-041)
Committee unanimously recommended that Policy Statement 66 – Issuing Environmental Permits Prior to Official Plan Approval (early grading permit) remain in place as written but asked that the issue be addressed by the ad hoc task force that is reviewing tree preservation, mass grading and slab-on-grade construction.

STAFF REPORT

Planning and Development Committee October 18, 2007

Policy Statement 66 – Early Grading Permits (EN08-041) 
Consideration for the future continuance of Policy Statement 66 – Issuing Environmental Permits Prior to Official Plan Approval (Early Grading Permits)
Speaker:  Mr. Tom Horstman

From:  Tim Bailey, Engineering Director
Prepared by:  Thomas L. Horstman Stormwater Field Services Administrator
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

At the September 20, 2007 Planning and Development Committee meeting, staff was given direction to bring Policy Statement 66 – Issuing Environmental Permits Prior to Official Plan Approval (early grading permit) before the committee for analysis and direction on whether or not the policy should be discontinued.

Policy Statement 66 is the official policy of the Town of Cary pertaining to the issuance of environmental permits prior to official site plan approval. The early grading permit policy has been modified on a number of occasions, but in every instance has been determined to be a tool that is beneficial to projects that can be demonstrated as an asset to the Town of Cary.  John Deere, Biologics and The Umstead Hotel are a few of the projects that have obtained an early grading permit.  An early grading permit is not issued until an erosion and sediment control plan is approved by the Town of Cary.  The early grading permit allows those projects which can demonstrate a benefit to the Town to get an early start on their project.  The policy has not been shown to be problematic and in all cases those projects in which an early grading permit has been issued have been able to smoothly transition into full construction.

Fiscal Impact:  None

Staff Recommendation:  Staff recommends that Policy Statement 66 – Issuing Environmental Permits Prior to Official Plan Approval (early grading permit) remain in place as written to assist with projects deemed qualified.

ACTION: Mr. Portman moved to adopt the consent agenda.  Mrs. Robison provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

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c.   Site Plan Payment-in-Lieu of Road Improvements Request - Islamic Activity Center (EN08-043)
Committee unanimously recommended that the additional widening and right-of-way dedication along West Chatham Street and the installation of curb and gutter along Trimble Avenue be required in compliance with the Town’s Comprehensive Transportation Plan and requested that the applicant work with staff to identify any areas where a waiver could be justified and, if so, bring that request back to council.

STAFF REPORT

Planning and Development Committee, October 18, 2007

Payment-in-Lieu of Road Improvements Request - Islamic Activity Center (EN08-043)
Consideration of allowing a payment-in-lieu of road improvements for the proposed Islamic Activity Center development
Speaker:  Mr. Tim Bailey

 

From:  Tim Bailey, P.E., Engineering Director
Prepared by:  Tammy Spivey, Engineer
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Staff is currently reviewing a site development plan which proposes an Islamic Activity Center in the southwest quadrant of West Chatham Street and Trimble Avenue. Per Town Ordinance, when any development plan is submitted for review and approval by the Town, the developer must dedicate right-of-way and construct any road improvements necessary to meet the Town’s current Thoroughfare Plan and, for residential streets, meet Town Standards and Specifications as they relate to minimum street widths and installing curb and gutter. The developer is responsible for half-street improvements and right-of-way dedication along the entire property frontage.

West Chatham Street is designated to have an ultimate 3-lane section, narrowing down to two lanes where turn lanes are not needed.  The existing cross section of West Chatham Street along this property frontage is two lanes.  To meet Comprehensive Transportation Plan requirements along West Chatham Street, pavement widening to provide for a left turn lane into the site driveway (narrowing down to a 2 lane road in approach to the railroad bridge), installation of curb and gutter and installation of sidewalk is required.  To meet Standard Specifications and Details along Trimble Avenue, installation of curb and gutter is required.

The developer is requesting to make a payment-in-lieu of all road improvements.  Their justification is quoted below:

“Due to the close proximity of the railroad bridge to our project site, it would be unsafe and rather dangerous to widen the road at the time of our site development.  Keeping in mind the safety issues and other difficulties, we request that the Town of Cary accept our payment-in-lieu of such improvements.”

Fiscal Impact:  None.  The developer is proposing to make a payment-in-lieu which would cover all design, permitting and construction costs.  When payments-in-lieu are made, the funds are deposited into a general transportation fund and can be used for any transportation project within the Town of Cary. A payment in lieu does not necessarily mean that the funds will be used to make the improvements for which the payment is made.

Staff Recommendation:  Staff recommends that Town Council require the additional widening and right-of-way dedication along West Chatham Street to meet the Town’s Comprehensive Transportation Plan requirements and further recommends that Town Council require the installation of curb and gutter along Trimble Avenue in compliance with Town Standards.

ACTION: Mr. Portman moved to adopt the consent agenda.  Mrs. Robison provided the second, and council granted unanimous approval. (Mayor Pro Tem Smith was absent for this vote.)

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C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of Cary Band Day Proclamation (Mayor McAlister)

RECOGNIZING NOVEMBER 3, 2007 AS

THE 49^TH ANNUAL CARY BAND DAY

WHEREAS, the Cary High School Band has proven its musical and marching abilities throughout the years by its continuing achievements of both national and regional recognition for its accomplishments; and

WHEREAS, members of the Cary High School Band have brought much honor to the Town of Cary and its citizens while also maintaining high scholastic aptitudes; and

WHEREAS, music plays an increasingly important role in our world today and is one of the most sublime of human pursuits and is subscribed to by all races and creeds; and

WHEREAS, music is the language of all peoples and one of the greatest forces in creating peace and harmony; and

WHEREAS, the citizens of Cary are proud of the Cary High School Band for its many accomplishments throughout the years, which recently includes being named Bands of America regional finalists in 2001, 2003, and 2004.  In 2006 the band placed 4^th in the Prelims and 4^th in the Finals in St. Petersburg, FL; and

WHEREAS, 2007 has been a year of great accomplishments for the Cary High School Band.  They were named 2007 Dixie Classic Grand Champion at the 29_th Annual Dixie Classic in Danville, VA.  They were named the Grand Champion at the 7^th Annual Highland Celebration, Scotland High School, in Laurinburg, NC.

NOW, THEREFORE, I, Ernest F. McAlister, Mayor of the Town of Cary, North Carolina, do hereby proclaim Saturday, November 3, 2007, as the 49^TH ANNUAL CARY BAND DAY and urge all citizens of Cary and the surrounding areas to join together in honoring and supporting this longstanding Cary tradition.

            PROCLAIMED this 25^th day of October 2007.

Proclamation 07-067 is also on file in the town clerk’s office.

Mayor Pro tem smith arrived at this point in the meeting at 6:33 p.m.

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D.   PUBLIC HEARINGS

1.   Public Hearings on Citizen Initiated Annexations:

a.   ANNEXATION PETITION 07-A-22
Property owners:  Joseph Camberato and Jan Warm
Property address: 130 Harmony Hill Lane
Acreage:  3.26
Zoning:  Residential 40 (R-40)
Contiguous to Corporate Limits:  Yes
Proposed use:  Residential Single Family
Associated Development:  None
Presenter:  Mr. Dan Matthys
Council Action:  Council may take action.

Annexation Petition Number:   07-A-22
Property Address:   130 Harmony Hill Lane
Wake County Parcel Number:  0744702455
Real ID Number:   0086298
Petition Date:   5/17/2007
Proposed Effective Date:   10/25/2007

OWNERS:
Joseph Camberato and Jan Warm
401 Versailles Drive
Cary, NC 27511

LOCATION:   2,420 feet northeast of Leonard Christian Road and Davis Drive

 

ZONING & PROPOSED USE:
Current Zoning:   Residential 40 (R-40) 
Acreage:   3.26 plus 0 adjacent right of way = 3.26 total deeded acres
% Contiguity:   82.3 %
Contiguous to Corporate Limits:   Yes
Existing Use:   Single Family Residence
Associated Rezoning Case:    None
Associated Development Plan:   None 

UTILITIES:
Water:    4" DIP 180' south
Sewer:   8” PVC 30’ south

DISTRICTS & TAX VALUE:
Fire District:   Hipex
Voting District:  D
Tax Value:    $221,536

MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   8/23/2007
Staff Recommendation:       Forward to public hearing on 9/27/2007
Action:       Forwarded to public hearing on 9/27/2007; Case put on hold at applicant's request on 9/10/2007; On 9/24/2007 applicant requested to move forward to next scheduled public hearing of 10/25/2007.
Town Council – Public Hearing:   10/25/2007
Staff Recommendation:    Adoption with an effective date of 10/25/2007

 

The document that Council will consider for adoption at this meeting follows:

07-A-22

AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY

WHEREAS, on 5/17/2007, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Joseph Camberato and Jan Warm; Wake County Parcel Identification #0744702455; including 3.26 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 10/25/2007, 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 10/25/2007 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
Wake County Parcel Identification #0744702455

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 Deputy 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 D 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 10/25/2007.

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

ACTION:  Mr. Roseland moved to approve annexation petition 07-A-22.  Mr. Portman provided the second, and council granted unanimous approval.

Ordinance 0-2007-45 is also on file in the Town Clerk’s Office. 

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b.   ANNEXATION PETITION 07-A-25
Property owners:  Glenn Futrell; O'Kelly Durham Associates, LLC
Property addresses: 111, 123 Evans Farm Road ; and other unaddressed properties
Acreage:  84.22
Zoning:  Residential 40 (R-40); Residential Multi-Family in a Planned Development District (RMFP)
Contiguous to Corporate Limits:  Yes
Proposed use:  Residential Single Family in a Mixed Use Overlay District
Associated Development:  None
Presenter:  Mr. Dan Matthys
Council Action:  Council may take action.

Annexation Petition Number:   07-A-25
Property Addresses:   111, 123 Evans Farm Road; and other unaddressed properties
Wake County Parcel Numbers:  0735092973, 0735192557, 0736002178, 0735092668, 0735192806, 0736015021
Real ID Numbers:   0021211, 0095700, 0334536, 0334535, 0334349, 0314175
Petition Date:   8/7/2007
Proposed Effective Date:   10/25/2007

OWNERS:
Glenn Futrell
P. O. Box 3006
Cary, NC 27519-3006

O'Kelly Durham Associates, LLC
150 Towerview Court
Cary, NC 27513-3595

LOCATION:   At intersection of O'Kelly Chapel Road and Green Level to Durham Road

 

ZONING & PROPOSED USE:
Current Zoning:   Residential 40 (R-40); Residential Multi-Family in a Planned Development District (RMFP)           
Acreage:   84.22 plus 3.48 adjacent right of way = 87.70 total acres
% Contiguity:   42.30%                 
Contiguous to Corporate Limits:   Yes
Proposed Use:   Residential Single Family in a Mixed Use Overlay District
Associated Rezoning Case:    None     
Associated Development Plan:   07-SB-004 (Evans Farm Subdivision)   

UTILITIES:
Water:    On Site
Sewer:   On Site

DISTRICTS & TAX VALUE:
Fire District:   Morrisville
Voting District:  A
Tax Value:    $1,433,787

MEETINGS:

Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   9/27/2007
Staff Recommendation:  Forward to Public Hearing on 10/25/2007
Action:     Forwarded to public hearing on 10/25/2007  

Town Council – Public Hearing:   10/25/2007
Staff Recommendation:       Adoption with an effective date of 10/25/2007

The document that Council will consider for adoption at this meeting follows:

07-A-25

AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY

WHEREAS, on 8/7/2007, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

Glenn Futrell; O'Kelly Durham Associates, LLC; Wake County Parcel Identification #’s:  0735092973, 0735192557, 0736002178, 0735092668, 0735192806, 0736015021; including 84.22 acres, plus 3.48 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and 

WHEREAS, on 9/27/2007, the Town Clerk of the Town of Cary  certified the sufficiency of said Petition, the same being duly made after investigation; and 

WHEREAS, on 9/27/2007, 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 10/25/2007, 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 10/25/2007 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
Wake County Parcel Identification #’s:  0735092973, 0735192557, 0736002178, 0735092668, 0735192806, 0736015021

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 Deputy 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 10/25/2007. 

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

Mrs. Robison asked if changes from the Alston Avenue plan are involved in this annexation.  Mr. Matthys responded that this particular annexation request is associated with the Evans Farm Subdivision which is a 139 lots single family subdivision.  

Mrs. Robison asked about the residential R-40 and the residential multifamily zoning and whether it was originally part of the small area plan for Alston Avenue.  Mr. Matthys said yes.  Mr. Roseland added that the rezoning has already occurred. 

Mrs. Robison asked whether there is an associated rezoning with the annexation or whether residential single family in a mixed use overlay district fits within the existing zoning.  Scott Ramage of the Planning Department said that the proposed subdivision is under the Alston Regional Activity Center Overlay as part of the mixed use overlay district.  The concept plan adopted by council is what the applicant will use for the subdivision.  There is a requirement for a mix of up to three housing types in the entire northwest quadrant, and the applicant is coming in with two different housing types.  He said that the mix of product type being reviewed by staff is fully consistent with the urban form guidelines for Alston. 

Mrs. Robison asked about the two types of residential uses.  Mr. Ramage said that the plan has gone through several revisions; he knows there are two different types, but he can’t recall whether it was single family detached and townhome, or whether it was a different type.

ACTION:  Mr. Roseland moved to approve annexation petition 07-A-25.  Mr. Portman provided the second, and council granted unanimous approval.

Ordinance 0-2007-46 is also on file in the Town Clerk’s Office. 

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E.   PUBLIC SPEAKS OUT

No one came forward to speak.

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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.   Comprehensive Plan Amendment 07-CPA-04, Indian Wells
Location: along Indian Wells and Wackena Roads, approximately 1,200 feet west of the intersection of NC Highway 55 and Indian Wells Road
Current comprehensive plan designation: Very Low Density Residential
Requested comprehensive plan designation: Medium Density Residential
Acreage: 164.5
Presenter: Mr. Scott Ramage
Planning and Zoning Board Recommendation: 7-2 to approve without staff’s recommended text change
Recommended Council Action: Council may take action

Town of Cary, North Carolina

Staff Report to the Town Council

Case 07-CPA-04, Indian Wells and Wackena Roads

Request

This is a request from residents and property owners in the Wackena Road and Indian Wells Road neighborhood to amend Map 1, Future Land Use, of the Town’s Northwest Area Plan to change the land use designation for 46 properties within their neighborhood, totaling approximately 152 acres, from “Very Low Density Residential (VLDR)” to “Medium Density Residential (MDR).”   (Note:  this request concerns the VLDR portions of these properties only, and not the portions identified for potential open space corridors as identified in the NW Area Plan.)

Properties added by the Town: The applicants’ request includes all of the land currently designated as VLDR within the neighborhood, except for portions of two properties totaling an additional 13 acres.  The Town has included those portions of these two properties in this application so that the entire VLDR portion of the neighborhood will be treated in a cohesive manner.  

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 comprehensive plan amendment 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

Subject Parcels

As noted under “Applicants” in the table above, the applicants submitted their Comprehensive Plan Amendment (CPA) for all or portions of 46 properties in the Wackena and Indian Wells Roads neighborhood, and the Town initiated the application for portions of a further 2 properties, for a grand total of 48 properties.  However, the applicants’ petition, at the time of the Town Council public hearing, included property owner signatures for 37 of the 48 properties, and not all 48.  Subsequent to the Town Council public hearing, and prior to the Planning and Zoning Board public hearing, the applicants secured signatures for a further two properties, for a total of 39 of the 48 properties.