|
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
January 24, 2008
and the 2008
council/staff retreat minutes.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
b.
Consideration of ratifying
Land Development Ordinance
amendment
language pertaining to anti-monotony and garagescapes.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
c.
Consideration of approval of
the December 2007
and January 2008
tax report.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
d.
Consideration of awarding a
contract to Hazen
and Sawyer for professional engineering services related to the
South Cary Water Reclamation
Facility Odor Identification and Abatement Study
project with a not-to-exceed value of $74,290. This request
includes a transfer of $74,290 from
Utility Capital Reserve Unrestricted Fund Balance to the contracted
services account in SW1112 to fund this study.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
e. Consideration of a request to
to call for a
public hearing to be conducted on February 28th, 2008 to consider
entering into an economic development incentive contract with a
specific company for expansion in Cary.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
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.
COMPREHENSIVE
PLAN
AMENDMENT
07-CPA-09, Davis Drive Towns
Location: 6020 Leonard
Christian Road; northwest of the Davis Drive and Leonard Christian
Road intersection
Current Land Use: Low Density Residential
Proposed Land Use: Medium Density Residential
Acreage: 16.13±
Planning and Zoning Board recommendation: unanimous to
approve
Speaker: Mrs. Meredith Chandler
Proposed council action: council may take action
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
b.
REZONING
07-REZ-26, Parkway Planned Development District (PDD) Amendment
Location: Southeast of Laura Duncan Road and Carostone Court
intersection
Current zoning: Planned Development District (PDD)
Requested zoning: PDD Amendment to allow a buffer reduction
from 50' to 30' along the southern boundary of PDD parcel R-11
Acreage: 1.71 ±
Planning and Zoning Board recommendation: unanimous to
approve
Comprehensive Plan Consistency: In accordance with
N.C.G.S. 160A-383, and based upon the recommendations and detailed
information developed by staff and/or the Planning & Zoning Board
contained in the case report, approval of this case by the Cary Town
Council will officially adopt the individual rezoning report as
evidence that consistency with the Comprehensive Plan has been
thoroughly evaluated and that this is a reasonable action to further
the community's public interest in carrying out the Comprehensive
Plan.
Speaker:
Ms. Jennifer Currin
Proposed council action: council may take action
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
c.
SUBDIVISION
PLAN
07-SB-012, Saxonbury Singh
Location: north of
Green Level West Road and west of Green
Level Church Road
Request: The subdivision will consist of 44
single-family lots on approximately 19.28 acres. The applicant is
proposing to develop the property utilizing the
density bonus option of the
Conservation Residential Overlay District.
Planning and Zoning Board recommendation: unanimous to
approve
Speaker: Mr. Bob Benfield
Proposed council action: council may take action
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
3.
Operations Committee, February 7, 2008 (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. Smith)
a.
Policy and Standard Procedure for Dynamic Message Signs
(EN08-072)
Committee unanimously recommended
approval of the proposed Dynamic Message Sign policy.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
b.
Sale of
Property at 2009 Piney Plains Road
(EN08-075)
Committee unanimously recommended
authorizing the sale of this property by adoption of the attached
resolution and accepting this bid in the amount of $84,000 as the
purchase price of the property.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
c.
Contract Award - Professional Services for the Holly Brook Pump
Station Elimination Project (EN08-076)
Committee unanimously recommended
awarding a contract for design and construction phase services for
the Holly Brook Pump Station Elimination Project to Green
Engineering for professional engineering design and construction
administration services with a not-to-exceed value of $175,030.
This award by Council represents a preliminary determination as to
the qualifications of the bidder and no legally binding acceptance
of this award occurs until the Town has executed a written
agreement.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
d.
NC Alcoholic Beverage Commission Resolution (PD08-015)
Committee unanimously recommended
the approval of a resolution designating the Chief of Police of the
Town of Cary
,
County
of
Wake
, as the designated official to notify
the North Carolina Alcoholic Beverage Commission regarding the
suitability of persons and locations for
ABC
permits within its jurisdictions.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
e.
Alexan Panther Creek Apartments Public Art Project
(PR08-018)
Committee unanimously recommended that
Council accept the design for the multi-use trail (sidewalk) and the
development of a ten-year warranty agreement with the developer,
Trammell Crow Residential.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
f.
Fluorescent Lamp Recycling (PWUT08-018)
Committee unanimously recommended that this item be tabled and
requested that staff provide additional information at the March
Operations Committee meeting.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
(NOTE:
Approval of this item approves the committee's recommendation to
table.)
_________________________
g.
Approval of Amendment No. 3 to Interlocal Agreement for
Western Wake Regional Wastewater Management Facilities
(PWUT08-019)
Committee unanimously recommended
that Council approve Amendment No. 3 to the Interlocal Agreement for
Design, Construction, Ownership, Management and Operation of Western
Wake Regional Wastewater Management Facilities with the
understanding that the concurrent review of this amendment by other
Partners may initiate some minor changes.
Additionally, committee further recommended that Council approve the
appropriation of $10,000 to be reimbursed by the Town of Holly
Springs to the SW1109 Permitting project, and $818,300 to be
reimbursed by the Town of Holly Springs to the SW1124 WWRWMF - New
Water Reclamation Facility Pump Station and Force Main project, with
$10,000 of the funds to be budgeted within the contracted services
account of SW1109 for permitting, $63,300 of the funds to be
budgeted within the contracted services account of SW1124, and the
remaining $755,000 to be budgeted within the construction line item
of SW1124.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
h.
Bid Award - Walnut Street
Lane Widening Project (EN08-074)
Committee unanimously recommended
awarding the construction contract for the Walnut Street Widening
Project to Raleigh Paving for $649,911.30. This award by Council
represents a preliminary determination as to the qualifications of
this bidder and no legally binding acceptance of this award occurs
until the Town has executed a written agreement.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
i.
Funding Allocation for Greenways (PR08-020)
Committee unanimously recommended appropriation of funds received
through a SAFETEA-LU grant to be transferred from the General
Capital Reserve - Unrestricted fund balance to the following capital
improvement projects:
(1) $920,000
to a new PRCR capital project (Higgins Greenway) for the purpose of
designing and constructing a 1.0-mile segment of the Higgins
Greenway;
(2) $75,000
to PR1073 (US 1/64 Pedestrian
Bridge and Greenway Project) for the
construction of a .21-mile segment of the greenway trail;
(3) $125,000
to PR1118 (NC 55 Trail Connection to Batchelor Br Greenway Project)
for the construction of a .21-mile segment of multi-use trail along
the east side of NC 55;
(4) $75,000
to a new PRCR capital project (Swift Creek Greenway) for the design
of a trail segment to link Swift Creek and Symphony Lake Greenways;
and,
(5) the
remaining funds of the original $1,374,400 towards the FY 2009
capital improvement budget.
Mr.
Smith indicated that we have bigger issues that need to be addressed
at budget time on our
priorities with Parks and Recreation.
ACTION: Mr. Portman
moved to approve the consent agenda; Mr. Smith provided the second;
council granted unanimous approval.
_________________________
C.
RECOGNITIONS, REPORTS,
AND
PRESENTATIONS
1.
Recognition of the Town of
Cary for receiving the N.C.
Department of Environment and Natural Resources' Local Erosion and
Sediment Control Program Award.
Mr. Nevils
presented the award to Mr. Horstman of the engineering department.
_________________________
D. PUBLIC SPEAKS
OUT
Representative
Nelson Dollar encouraged the council to consider the issue of
governance as they propose their legislative agenda as well as the
school issue. He stated in the last session he introduced House Bill
432, and Senator Hunt and Senator Stevens introduced a companion
bill, Senate Bill 383, both of which change the dynamics of how the
school board is elected. He stated the original bill called for all
school board members to represent districts, but they would have
been elected county-wide (at-large). He stated there was an
amendment proposed to have a combination of district and at-large.
He stated the point was to ensure that citizens in the county have a
full voice in electing a majority of the board. He stated parents
are looking for a voice in the process.
Mr. Greg
Stelmack asked for the council’s help to fix the school system, as
the school board is unprepared to deal with the growth and continues
to propose short-term solutions to address long-term problems. He
distrusts the data that the school board uses on which to base
assignments. He wants to see children attend schools near their
homes, stay at a school once assigned to it, and all siblings in a
family placed on the same school calendar. He encouraged the council
to help determine the course of action that will result in children
receiving a stabile, well rounded education.
Mr. Bill Lynch
on behalf of the Keep Local Schools organization distributed a
handout expressing his comments, which is attached to and
incorporated herein as Exhibit.
Mr. Rich
Redpath, the founder of Keep Local Schools, distributed a handout
about this organization, which is attached to and incorporated
herein as Exhibit. He stated their long-term plan is to
propose a non-busing solution to elected officials; the short-term
plan is to address the Board of Education’s control of the children
in the community. He believes local schools is the answer to the
problem.
Ms. Michelle
Henderson stated she was a member of the free and reduced lunch
student population, she understands the value of an education in
parent participation. She stated the Board alleges that busing is a
way to help free and reduced lunch children, but instead she
believes it deludes their influence on the end of grade testing
because they are distributed throughout the county. She stated
busing leads to instability among children, and it hinders parental
involvement. She suggested lower teacher to student ratios and
access to tutors to truly help these low income students.
Ms. Kirsten
Lechner distributed a handout expressing her comments, which is
attached to and incorporated herein as Exhibit.
Ms. Paula King
stated parents are unhappy because they were forced from traditional
to year round calendars and they were forced from neighborhood
schools. She urged the council to get involved and take some form of
action to help their constituents.
Ms. Cindy
Sinkez expects the council to have regular conversations with the
school board. She stated the newer schools are already adding mobile
classrooms. She stated Cary needs to communicate where homes are
being planned and built to help the school board plan appropriately.
She stated the council can work on creative solutions to these
problems. She suggested that the school districts are not aligned to
today’s population. She would like the opportunity to vote for more
than one school board member, as her child does not even attend a
school in her school board member’s district.
Ms. Jody Barish
stated parents cannot trust the school board, as they are
continually unable to provide data to corroborate their actions. She
is opposed to busing, which is a detriment to having neighborhood
schools. She stated families deserve choice and stability. She asked
the council to work with the school board and commissioners to
restore the trust of families.
Mr. Ron
Margiotta, a school board member, requested that the Cary council
meet with other neighboring municipal officials and develop an
agenda based on parental concerns.
Mr. Tom Luzzi
stated the school board has not listened to him when he’s presented
alternate proposals, and he does not think they will listen to Cary
officials. He stated the Town of Cary undertook a study in 2003, and
the school board did not listen to those recommendations. He thinks
it is time for action and not additional study. He stated the school
board members represent taxation without representation. He thinks
Cary should start its own school
system, and he thinks the Town can afford to do this.
Mr. B.J. Lawson
stated funds are distributed by a federal government, and as a
result the county distributes its low performing children across
Wake County schools to dilute the
problems so the entire district appears to meet the standards. He is
a physician, and he compared this practice to a hospital intensive
care where many resources and much effort is devoted to ensure the
patients who need the most help get it, instead of spreading the
sickest patients throughout the hospital and pretending that
everything is fine. He stated the battle for local control must be
fought at every level of government.
Ms. Michelle
Gaddy spoke about the lack of notice the school system provided
about a recent reassignment. She wants consistency for her children,
and she wants the Cary council to come up with an initiative to help
the Cary citizens.
Ms. Kimberly
Sinnett spoke against the way school board members are elected,
because many people have children who attend schools outside their
representative’s district. She urged the council to review
recommending at-large school board elections. She encouraged the
council to develop several plans in case “Plan A” doesn’t come to
fruition.
Mr. Mike Dodson
thinks the school system is two separate and unequal school systems
including the schools inside the beltline and all the other schools.
He stated the schools inside the beltline have not experienced the
turmoil that the other schools have experienced. He provided some
statistics on independent school systems.
Mr. Alan Stacy
believes the school board should have implemented the
recommendations of Cary’s previous study. He thinks it will take a
unified effort of many Wake
County municipalities to encourage change. He’s interested in seeking at-large
school board elections as soon as possible, and he would prefer that
terms be for one year.
Ms. Dawn Graff,
one of the founding directors of Wake Cares, cited studies that show
that mobility hurts students academically, psychologically and
socially. She stated forming a committee is a good initial step, but
this route will take a long time to result in change. She urged the
council to take action.
Ms. Lisa
Phillips wants to see proof that the last eight years of
reassignment has accomplished its advertised benefit of academic
success. She stated the data she has reviewed does not indicate that
the goal has been met.
Mr. Shaheen
Ahmed stated the issue is so important to him and his family that
they are considering moving back to Canada so they will not be
impacted by reassignment.
Mr. Jay Barish
stated many parents are angry with the actions and arrogance of the
school board. He urged the council to initiate the process of
separating from the Wake County school system and bring
the school board members to the table.
Ms. Julea
Danielson suggested converting downtown Cary schools to magnet
schools to allow parents in Cary to have options.
_________________________
E. OLD/
NEW
BUSINESS (PART 1)
1.
Request by council member Robinson and co-sponsored by council
member Frantz for council to
consider
hosting a roundtable discussion for
Wake
County
municipal leaders to discuss school
assignment policies.
Request by
council member Jennifer Robinson and co-sponsored by council member
Don Frantz:
E-mail from
council Member Jennifer Robinson to the Cary Town Council:
"Having heard
everyone's concern about school assignment and talked with other
municipal leaders, Don and I have asked staff to add an item to the
Feb. 14th agenda: consideration by Council to host a roundtable
discussion for Wake County municipal leaders to
discuss school assignment policies. Based on comments from all of
you, Don and I have roughly outlined that the discussion would give
municipal leaders an opportunity to share their concerns and
perspective on the assignment practices, talk about ideas to address
chronic dissatisfaction with assignment, and consider hiring an
independent consultant to analyze the process and make
recommendations for tangible ways to improve the process.
We bring this
to you knowing that we have no authority over the assignment process
or leverage over the school system, but hoping (nonetheless) for
broad support."
Mrs. Robinson
stated Cary has been sending all subdivision plans and growth
projections to Wake County since 2000. She stated over the last 10 years the Town of Cary has
invested over $40 million in the Wake County school system,
including land costs, buildings, public infrastructure (utilities,
road widenings) and resources (school resource officers). She stated
last month the council approved $23 million for land-banking, and
staff is identifying future sites for schools and acquiring the land
now while it still exists. She stated a past tactic by council
members was one-on-one discussions with school board members, but
unfortunately these meetings have not resulted in action by the
school board. She stated all council members at the last
council/staff retreat expressed concerns about the school issues,
and based on that several council members put together this idea for
a roundtable discussion, ultimately to find solutions to the
problems.
Mrs. Robinson
shared the following proposal with the council:
Wake County Education Alliance
To study Assignment and Capacity
Issues
|
Week |
Action |
Council |
Staff |
|
1- 4 |
Survey
municipal leaders |
§
Draft Survey
Questions |
§
Format survey
§
Send letters
and survey to Wake municipal leaders |
|
5 – 6 |
Surveys
returned to Cary |
§
Evaluate
survey results
§
Draft Summary
of results |
|
|
7 – 8 |
Get
confirmation on findings |
§
Take Summary
to municipal leaders in small groups to review and get
feedback
§
Finalize
Summary Paper |
§
Format final
Summary Paper
§
Send to WCPSS
Board of Education |
|
11 – 12 |
Hold
Roundtable Discussion |
§
All interested
municipal leaders meet to receive response from WCPSS
§
Municipal
leaders discuss next steps and possibility of hiring
independent consultant to explore options for improving
assignment process |
§
Schedule date,
location for Roundtable Discussion |
If the
municipal leaders choose to hire independent consultant:
|
Week |
Action |
Municipal Leaders |
Staff |
|
13 – 17 |
Identify Consultants |
§
Interview
consultants
§
Select
Consultant
§
Determine fair
cost share for each municipality |
§
Draft report
to go to Council for requested funds |
|
18 –
tbd |
Work
with consultant to explore options for improved assignment |
|
|
Mr. Frantz
understands that parents are angry and frustrated, and much of this
stems from having three governments who directly impact the school
system, and those three governments have not been working together.
He stated the school system dictates policy, the commissioners
control the funding, and the Town approves its growth. He thinks the
best first step is to bring these governments together and begin a
dialogue. He understands this was done in 2003, but he thinks the
political climate was very different at that time and much has
changed since then. He stated there will be nominal staff time
associated with this request with minimal fiscal impact, excluding a
potential consultant. He stated if a consultant is employed, then
all participating municipalities would pay for this service.
Mrs. Adcock
stated she is just now seeing the above proposal for the first time,
and it appears to be well thought out. She stated any relationship
is enhanced by the opportunity to have a conversation; she suggested
that local municipal leaders sit down and talk with the school board
about the summary at the beginning of the process instead of just
sending it to them. She stated all local municipalities need the
opportunity to frame their intent in their own words instead of the
school board members hearing of their plans in the newspaper and
through the grapevine. Mrs. Robinson replied that this is a good
addition to the proposal.
Mr. Portman
stated when he presented the mayors’ task force 2003 findings to the
school board he did not think the school board was receptive. He
stated since that time the school board has implemented some of
those findings (i.e., more advanced notice and multi-year
announcement plans). He stressed the need for all information to be
fact-based, because in the past personal opinions have derailed the
process. He would like a white paper developed with the relevant
facts from the county commissions and the school system about
capacity, growth, funding, bonds, trailers, etc., and he stated this
should be developed before the surveys go out. He stated the school
board must deal with all these issues because of the growth in
municipalities. He believes this will help ensure productive
conversation with the school board. He stated Cary’s responsibility
is not to criticize; rather, it is to recognize that we are partners
in the problem because we approve growth. He stated Cary’s role in
the process as municipal leaders is with capacity, and town leaders
should not stray beyond this into other areas. He stated voters
elect the school board members to run the schools, but the system is
set up to require them to go to another elected body (the county
commissioners) to get the money required to run the schools. He
stated this is uncommon in the country.
Mrs. Robison
proposed to kick off the initiative by a joint school board/town
council meeting, and she suggested a dinner meeting.
Mr. Smith
concurs with the collaboration comments and the fact-based white
paper. He stated there are three facts with decades of study: (1)
bigger is not better; (2) neighborhood schools are the most
efficient and effective way to teach children because it keeps
parents involved; and (3) elected bodies reporting to other elected
bodies does not work, and the school board needs their own taxing
authority. He gave Plano, TX as a good example of an independent,
locally driven school system. He suggested that parents engage
legislators and work to get viable candidates to address these
concerns on the school board.
Mayor
Weinbrecht understands that our children are our highest priorities.
He believes Cary citizens care about and support diversity and they
mostly care about education and stability. He stated he has spent
hours talking with school board members and staff, and he has
concluded that they are entrenched in their philosophy and it will
be very difficult to change their way of thinking because they
believe in their actions. He believes the proposal tonight will give
citizens false hope because he does not think the school board will
be receptive to the municipalities telling them how to do their jobs
differently. He fears that the end result of this proposal will
mimic that of 2003 whereby the school board basically ignored
excellent ideas. He concurs with Mr. Portman about keeping the
information fact-based; he stressed the need to keep emotion out of
the conversation.
Mrs. Robinson
stated with last year’s reassignment the council talked with each
other and decided to work behind the scenes with the school board to
be productive. She stated Mayor McAlister spent a great deal of time
behind the scenes with school board members, but she does not think
the council made any progress. She stated the proposal before
council tonight is a sincere desire to be productive. She believes
there is power in moving forward collectively. She stated if
municipalities collectively convey their concerns to the school
board and the school board doesn’t listen, then it will be apparent
to the citizens that they need to elect other people to the school
board and/or the state representatives will realize that the current
system is broken and needs their leadership to fix it.
Mr. Portman
stated the Town of Cary has not been granted the authority by the
legislature to change the school system, and this means that the
Town of Cary cannot implement a Cary school system. He stated this
is not the goal; rather, he wants to fix what is wrong with the
current system. He stated there are many positive aspects of the
school district. He stated people who want to focus on a Cary school
system need to direct their comments to the state legislators.
A summary of
council’s direction is provided in the modified action plan below.
Changes made at the February 14, 2008 Cary Town Council meeting are
shown in bold/italics/strikethrough.
|
Week |
Action |
Council |
Staff |
|
Pre-Week 1 |
Cary Town Council meeting with board of education officials,
county commissioners and legislative delegation |
|
§
Schedule
meeting at the earliest possible date |
|
Pre-Week 1 and can be done simultaneously with the step
above |
Create a fact-based “white paper to include data on capacity
issues and the school board’s position and policies
governing assignment, including the climate that leads to
their decisions |
§
Council
and staff to work with the Wake County School board staff to
utilize existing data for this paper |
§
Council
and staff to work with the Wake County School board staff to
utilize existing data for this paper |
|
1- 4 |
Survey
municipal leaders |
§
Draft Survey
Questions |
§
Format survey
§
Send letters
and survey to Wake municipal leaders |
|
5 – 6 |
Surveys
returned to Cary |
§
Evaluate
survey results
§
Draft Summary
of results |
|
|
7 – 8 |
Get
confirmation on findings |
§
Take Summary
to municipal leaders in small groups to review and get
feedback
§
Finalize
Summary Paper
§
Meet
with Board of Education to deliver and dialogue about survey
summary paper; other Wake Co. elected officials will be
invited to attend |
§
Format final
Summary Paper
§
Send to WCPSS
Board of Education
§
Schedule
date of meeting for council to share summary paper results
with BOE |
|
9
– 10 |
BOE feedback / response to survey summary paper |
§
Compile
feedback from BOE |
|
|
11 – 12 |
Hold
Roundtable Discussion |
§
All interested
municipal leaders meet to receive response from WCPSS
§
Municipal
leaders discuss next steps and possibility of hiring
independent consultant to explore options for improving
assignment process |
§
Schedule date,
location for Roundtable Discussion |
If the
municipal leaders choose to hire independent consultant:
|
Week |
Action |
Municipal Leaders |
Staff |
|
13 – 17 |
Identify Consultants |
§
Interview
consultants
§
Select
Consultant
§
Determine fair
cost share for each municipality |
§
Draft report
to go to Council for requested funds |
|
18 –
tbd |
Work
with consultant to explore options for improved assignment |
|
|
ACTION: Mrs.
Robinson moved to begin the process by using the schedule
recommended by this council and which will be given to the town
clerk. Mr. Frantz provided the second.
Mr. Weinbrecht
stated he supports the first few steps in the proposal, but he fears
the goals in the latter part of the proposal will not be achieved
and will result in false hope for people. He will not support the
motion, but he will support the council in any way possible.
ACTION: Vote
was called for on the motion. Mayor Weinbrecht voted “no”; all
others voted “aye”; the motion carried by majority vote.
The mayor
called for a five-minute recess.
_________________________
F.
PUBLIC HEARINGS
1. CASE
07-VAR-02,
Parkside Town Commons
Applicant; Robert Teer
Location: 5016 NC 55 Highway
Request: The applicant seeks approval of a variance for
Parkside Town Commons, a parcel in the Alston
Activity
Center, from the riparian buffer
requirements of the Town of Cary Land development Ordinance (LDO).
The Town of
Cary
recognizes that there are instances where
the riparian buffer will create undue hardship on the applicants,
and in those cases Chapter 7.3.7 allows variances to be granted.
This variance shall be based on documentation of practical
difficulties or unnecessary hardship and documentation of the
effects on water quality cause by development within the buffers
based on criteria set forth in 7.3.7.
Speaker: Mr. Tom Horstman
Proposed council action: council may take action
The supplement
to the Parkside variance request is attached to and incorporated
herein as Exhibit. The oaths to potential speakers were
administered by the town clerk in her capacity as a Notary Public,
and they are attached to and incorporated in these minutes as
Exhibit. Mr. Horstman of the engineering staff presented a
powerpoint presentation, which is attached to and incorporated
herein as Exhibit. Mr. Horstman stated this issue was heard
at a public hearing on November 8, 2007, and at that meeting the
council honored a request by the applicant to continue the original
request to allow the plan to be modified. Mr. Horstman outlined in
the powerpoint presentation the significant changes made to the
project (refer to powerpoint Exhibit). He stated at this time there
is only one impact to the riparian buffer that is not allowable,
which is Area 7 and the impact affects 0.16 acre or 7,000 square
feet.
Mr. Eric Braun
of Kennedy Covington, representing the applicant, stated his client
is committed to this project and the Alston plan. He stated the
revised plan contains a number of significant changes. He stated the
property is about 123.36 acres, of which 7.4 acres are riparian
buffers. He stated the portion of staff’s powerpoint presentation
that shows the buffers is taken from Wake County GIS maps and is not
precise. He stated there has been a wetlands and buffer delineation,
and there are two less buffers delineated by the Corps of Engineers
as compared to what was actually shown in the powerpoint
presentation. He stated in the original proposal 2.7 acres of the
riparian buffer would have been disturbed. He stated in this
proposal there are 1.1 acres, of which 1.02 acres are allowable road
related disturbances. He reiterated that the variance request is for
0.16 acre or 0.13% of the entire project. He stated his clients
could not eliminate the 0.16 acre variance to make the project
viable and function as the Town wants it to function in the Alston
plan. He thanked the staff for their hard work to help them with
this proposal. He stated the council will hear evidence and
testimony that this variance is in harmony with the general purpose
and intent of the zoning ordinance; that this variance request
results from practical difficulties or unnecessary hardships which
result from the carrying out of the strict letter of chapter 7 of
the ordinance; that the strict applicant of the riparian buffer
ordinance of chapter 7 restricts the use of this property to a
greater degree than it restricts other property in town. He stated
they will also speak to each of the factors outlined in the
application, specifically, that the basic purpose of creating an
integrated mixed use project that is called for in the Alston plan
cannot be practically accomplished in a manner that would better
minimize disturbance or protect water quality. He stated they’ve
examined this and it cannot possibly be done. He stated they will
provide evidence that indicates that without impairing the integrity
of the integrated mixed use project in the Alston plan, the use
cannot practically be reduced in size or density or redesigned to
minimize disturbance or protect water quality. He stated they will
use a number of Best Management Practices (BMPs) designed to exceed
the Town’s nitrogen export requirement. He stated the disturbance of
the riparian buffers has been minimized to the maximum extent
practical while trying to achieve the goals of the Alston plan. He
further stated they are providing approximately 700% of the required
compensatory mitigation that would be required for this disturbance.
He hopes the council will support their request.
The powerpoint
presentation shown on behalf of the speakers on behalf of the
applicant is attached to and incorporated herein as Exhibit
(and labeled Exhibit 2 on the handout). Several of the speakers
below referred to slides in this powerpoint presentation.
Mr. Rob Teer
provided an overview of the project. He stated in February 2005 they
began working with staff to develop a long-range plan to design the
intersection of I-540 and NC-55. He stated planning staff envisioned
it to be a major commercial, residential and retail node. He stated
this process lasted for 13 months and resulted in the rezoning of
960 acres in March 2006, and the Alston Activity Center Concept Plan
was conceived and adopted to provide a comprehensive, large scale
planned mixed use development. He stated the property subject to
this variance request is located in the Alston plan, specifically
the property that constitutes the entire northeast quadrant of the
intersection of NC-55 and I-540 and which contains 123 acres. He
stated Teer Associates and Kite Realty Group partnered to plan and
design this site. He outlined the qualifications of both companies.
He stated the central theme of the site is the main street.
Mr. Bill Hood
of Mulkey Engineers came forward to speak. See Exhibit
(labeled Exhibit 1 on the handout) for Mr. Hood’s qualifications. He
stated there are five urban districts in the Alston plan, with
Parkside being one of them and is the area designated as “special
district” in the Alston plan. The plan envisions for this area about
705,000 square feet of retail space, about 465,000 square feet of
office, and about 375 residential units in an integrated mixed use
environment. He stated the plan allows for shifting square footage
between categories. He stated the focal point of the plan is the
main street (refer to Exhibit). He stated the Alston plan calls for
the main street to be about 2,400 feet, preferably contiguous in
length, with 70% of the blocks to have building frontage on the main
street with parking in the rear. He stated for whatever square
footage is built as part of the first floor plan, 50% of that is in
upper floors. It includes the concepts of residential over retail
and office. He stated the constraints of the plan and the riparian
buffer restrict the use of the subject property to a greater degree
than it restricts other properties in the Town. They believe the
site plan presented tonight complies with the requirements of the
Alston plan and carries out the vision for the development as
approved in March 2006.
Mr. Hood stated
riparian buffers are generally vegetated areas that allow for
over-land flow of storm water or infiltration into the soil for
cleaning of pollutants and removing nitrogen in order to preserve
and enhance water quality. He stated the Town’s ordinance requires a
total of 100 feet for riparian buffers along USGS designated streams
and 50 feet along surface waters identified by the Wake County soil survey. He stated
the property contains about 7.4 acres of existing riparian buffer.
He stated the November 8 plan that was reviewed by council showed
about 2.7 acres of riparian buffer impacts (refer to those minutes
for more information on those impacts). He stated his clients have
worked hard to make concessions to reduce the current impact to 1.18
acres, with 1.02 acres being the necessary road and street impacts
that are allowed. He stated the resulting impact is partially
because of what they’ve done to preserve other areas. For example,
when they preserved areas 4 and 6, they pushed the southern end into
a smaller, more confined area, and it did not give them much
flexibility to deal with area 7. He stated the road behind the
building is a required truck and emergency access; the drive
locations are dictated by the NC Department of Transportation (NCDOT)
and are not flexible. He stated all these constraints collectively
box in the 0.16 acre of riparian buffer impact. He stated the
building as situation shields the parking from the viewshed. He
stated all these requirements result in practical difficulties and
unnecessary hardships resulting from the strict application of the
buffer requirements. He mentioned that in conjunction with this
impact, they will regrade about 250 feet of the stream parallel to
NC-55 along the back side, which will create a natural over-land
flow opportunity for water for infiltration and for nitrogen removal
and it will be about ½ acre in size.
Mr. Hood stated
BMPs may be utilized as a series and a system, and it is based on
the topography and drainage patterns of the particular site. He
stated this project has a series of 12 different systems, and he
stated each has been carefully designed. He stated there are two
outlets to the north of the site from areas A and B; there are two
outlets to the middle and west of the site (areas C and D); there
are four to the buffers of the southeastern intersection of NC-55
and O’Kelly Road; there are two outlets discharging to the
southwestern corner off the I-540 ramp; there are two outlets
discharging to the southeastern corner of the site. He stated Mr.
Horstman has worked with them to ensure this system functions as it
should, and they are confident the results will be exactly as
calculated.
Mr. Hood stated
the impervious surface area now being proposed is significantly
lower than the original proposal. He stated this was made possible
by removing some townhome units and parking spaces and by reducing
some leasable square footage. He stated the nitrogen export was a
concern in November, and the plan originally had a nitrogen export
of about 4.73 pounds per acre per year, which is above the Town
desirable of 3.6. He stated the revisions made in combination with
less impact to the existing buffers, a careful design of the BMPs
and a reduction of the impervious surface result in about 3.5 pounds
per acre per year, which is below the 3.6 threshold. They believe
they’ve been successful in addressing the nitrogen export issue.
Mr. Hood stated
the offsite mitigation site in which the developer has committed is
4.25 acres of property and has the proper physical and water quality
characteristics to make it suitable for a mitigation site. He stated
it is in the Cape Fear
Basin and is in the Jordan Lake
Watershed. He stated the stream on the property is also a headwater
to Jordan Lake, and it will be
protected with a conservation easement right at the headwater of the
4.25 acres. He stated of the 4.25 acres, 3.75 is existing riparian
buffer. He stated at their impact of 0.16 acre, the code would
require a 3:1 ratio for replacement or mitigation sites or a 0.48
acre replacement in an existing riparian buffer off-site. He stated
they are providing 3.75 acres, which is about a 23:1 replacement
ratio. He stated this is a good faith effort to go above and beyond
to meet the need. He stated in this case granting the variance to
the 0.16 acre observes the spirit of the ordinance while securing
public safety and welfare. He stated BMPs will be implemented to
achieve the Town’s nitrogen export standard, and as compensatory
mitigation to impacts to the buffer area, the new riparian buffer
will be created as well as the off-site mitigation that will be in a
perpetual easement for the Town. He stated the project preserves the
spirit of the ordinance and secures public safety and welfare by
limiting the amount of pollutants, specifically nitrogen that will
be exported from the site. Based on his review of the variance
application, the supplemental materials and the exhibits and
testimony tonight, it is his professional opinion that the variance
request is in harmony with the general purpose and intent of the
ordinance, the variance request results from practical difficulties
or unnecessary hardships which result from carrying out the strict
letter of chapter 7 and that the strict application of the riparian
buffer requirements restricts the use of this subject property to a
greater degree than it would subject others.
Mr. Braun asked
if the applicant has secured all the necessary federal and state
permits. Mr. Hood stated they have a 401 water quality permit from
the Division of Water Quality (DWQ) and a 404 permit from the Corps
of Engineers.
Mr. Braun
summarized that the client has made a strong effort to reduce
impacts and still make this a viable, integrated mixed use project.
They believe there is no further flexibility in the effort to be
made. He stated the revised plan minimizes disturbances to the
buffer area to the greatest extent possible, and in addition to the
0.16 buffer disturbance, the recreated buffer will be nearly ½ acre.
He stated impervious surface has been reduced below the maximum
limit; the nitrogen export has been reduced below the target limit;
off-site mitigation has been provided. Therefore, they believe that
based on the evidence, the record and the application, that the
project meets all variance criteria. He mentioned that the Town has
approved three variances previously to the buffers, and each of
those had greater impacts that this proposal (03-MSU-013, 03-VAR-02
and 05-VAR-MOD01). He stated at the November council meeting Mr. Larry Ballas
testified, and they reached out to Mr. Ballas. He submitted
Exhibit (attached to and incorporated in these minutes and
labeled Exhibit 3) that indicates Mr. Ballas is no longer opposed to
the project. He stated this is submitted as information and not as
official evidence.
Mr. Rick Weddle
spoke in favor this request on behalf of the Research Triangle
Foundation, comprised of the owners and developers of the Research
Triangle Park (RTP). He stated they believe this is an excellent project from
RTP’s perspective, and they have worked with the development team and the
Town for several years to ensure it meets important amenity needs
for the RTP. He stated in his professional and personal opinion, he believes this
development team has done everything possible to ensure the
aesthetic and environmental standards are consistent with the spirit
of Town codes and keeping in mind
RTP. He stated this plan will
provide a direct access point to help transportation flows and will
mitigate some of the traffic on some of the other surfa |