Present: Mayor Harold Weinbrecht, Mayor Pro Tem Julie Robison, Council Members Gale Adcock, Don Frantz, Ervin Portman, Jennifer Robinson and Jack Smith

A.   COMMENCEMENT

1.    Call to Order

Mayor Weinbrecht called the meeting to order at 6:30 p.m.

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2.    Ceremonial Opening

Mr. Portman provided the ceremonial opening.

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3.   Adoption of agenda

Mayor Weinbrecht proposed to add an item to the regular consent agenda appointing Mrs. Robison, Mr. Smith and himself to a special committee to develop Cary’s state legislative agenda. He stated the full council will consider this agenda at the April 7, 2008 council meeting.

ACTION: Mrs. Adcock moved to adopt the amended agenda. Mrs. Robison provided the second; council granted unanimous approval.

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B.   CONSENT AGENDA

The council pulled the following consent agenda items for discussion:

·         B.2.b., MIXED USE SKETCH PLAN 07-MU-10, Alston Ridge Elementary School

·         B.3.m., water conservation initiatives

·         B.3.o., solid waste management program review

·         B.3.j., update to policy 143, rules of procedures for the Cary Town Council

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 February 28, 2008.

ACTION: Mr. Smith moved to adopt the consent agenda (except for the items which were pulled for discussion: B.2.b., MIXED USE SKETCH PLAN 07-MU-10, Alston Ridge Elementary School, B.3.m., water conservation initiatives, B.3.o., solid waste management program review, and B.3.j., update to policy 143, rules of procedures for the Cary Town Council). Mrs. Adcock provided the second, and council granted unamimous approval.

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b.   Consideration of appointing Mayor Weinbrecht, Mayor Pro Tem Robison and Council Member Smith to a council committee to develop a state legislative agenda, which will be considered by the full council on April 7, 2008.

ACTION: Mr. Smith moved to adopt the consent agenda (except for the items which were pulled for discussion: B.2.b., MIXED USE SKETCH PLAN 07-MU-10, Alston Ridge Elementary School, B.3.m., water conservation initiatives, B.3.o., solid waste management program review, and B.3.j., update to policy 143, rules of procedures for the Cary Town Council). Mrs. Adcock provided the second, and council granted unamimous approval.

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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) 

a.   REZONING 07-REZ-29, AB Properties of NC at Jenks Carpenter Road
Location: 1400 Jenks Carpenter Road
Current zoning: Residential 40 (R-40)
Requested zoning: Residential 8 Conditional Use (R8CU) to allow minimum 10,000 square foot lot size and maximum density of 2 units per acre
Acreage: 6.32 ±
Speaker: Mrs. Debra Grannan
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.
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: Council may take action 

Request

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary to change the zoning of approximately 6.32 ± acres, located at 1400 Jenks Carpenter Road, from Residential 40 (R40) to Residential 8 Conditional Use (R8CU).

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

Public Notification

On November 27, 2007 property owners within 400 feet of the subject property were mailed written notification of the rezoning request.  In addition, notification consistent with NC General Statutes was present in the Cary News on November 28, 2007 and December 6, 2007.

Planning and Zoning Board Recommendation

Recommended Unanimously for Approval

Feedback at the Public Hearing

Staff presented case and noted that there were no protest petitions.  The applicant added that the proposed single family detached use and the associated proposed zoning conditions provided a good transitions to the existing neighborhoods  Two property owners who resided on Jenks Carpenter Road spoke against the rezoning and asked that the current Residential 40 zoning remain in place.  The property owner immediately adjacent to the site expressed concern about how road connectivity would impact his property and quality of life.  Council recommended that the applicant work with this property owner as the plans to develop the property move forward. A resident of the Upchurch Farms subdivision spoke in favor of the proposed change noting that the request was compatible with the Upchurch Farm neighborhood and provided an opportunity for completion of Luke Meadow Lane.  He added that improved vehicular and pedestrian access would improve safety and benefit the community.

Changes since the Public Hearing

The applicant has advised Staff that when plans are submitted to the town for review, the road connection will not be located on the adjacent property to the north unless a mutual agreement is reached with that property owner. Their preliminary layout sketches proposed having a road on both the subject property and the adjacent property.  Since they have not reached an agreement with the property owner to the north, the full responsibility for road construction will rest on the applicant.

Since it is a thoroughfare, the Staff Report was revised to note that a 50’ opaque streetscape is required along Jenks Carpenter Road.

The applicant has submitted the following proposed zoning conditions:

• Minimum lot size shall be 10,000 square feet.
• Maximum density shall be 2.0 dwelling units per acre.
• The following uses are prohibited:  Boarding House, Cemetery, Day Care Center, governmental office, Public safety station, public utility facility, utility facility (major), utility substation (minor)

Summary

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that the application is consistent with the goals and Objectives of the Comprehensive Plan, The Land Development Ordinance and is reasonable and in the public interest.

Consistency with the Comprehensive Plan

A. Land Use Plan:  This rezoning request conforms to the adopted Land Use Plan that designates this property as Low Density Residential (LDR).

B.  Growth Management Plan: 
The Growth Management Plan includes the following four Guiding Principles which are relevant to this case: 

1. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
2. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.
3. A1 Guiding Principle: Increase permitted densities in preferred growth areas to encouraged desired forms of development.
4. A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.

C.  Affordable Housing Plan: 
Based upon the proposed use and rezoning request, the Affordable Housing Plan is not applicable.

D. Comprehensive Transportation Plan: 
Jenks Carpenter Rd.

Existing Section:  2-lane Rd. approx., 60’ ROW

Future Section:  2-lane with paved median, approx. 67’ ROW

Road Improvements:  Not part of the Town of Cary’s Capital Improvement Projects but developer will be required to make necessary road improvements.

Sidewalks Requirements: required on both sides

Bicycle Requirements: 14’ wide outside lanes

Transit Requirements:  none

Traffic Analysis:  Under the current R-40 zoning, using single family homes (LU Code 210), the site would generate 6.4 PM peak hour trips.  Under the proposed R8CU with 2 DU/acre, the site would generate 12.8 PM peak hour trips.  The proposed change does not generate an additional 20 trips and therefore a TIA is not required at rezoning.

E.  Parks & Greenways Master Plan: 
PRCR requests that developer work with the Town to construct a 10’ wide asphalt trail connection between Upchurch Farm Lane and the White Oak Greenway at its intersection with Jenks Carpenter Road during site plan review. The trail will be located along the north side of the creek with approximate length of 920 feet.  A recreation payment in lieu will be required for residential development in accordance with the Land Development Ordinance.  These comments were reviewed and approved by the Greenways Committee at its January 2008 meeting and by the Parks, Recreation and Cultural Resources Advisory Board at its February 2008 meeting.

F.  Environmental:  
According to the Town of Cary GIS maps, almost one third of the site is impacted by stream buffers. Verification of these buffers and their precise locations would be required at the time of site plan review.   The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan review process.

G.  Buffers: 
According to Chapter 7 of the LDO, the applicant will be required to provide a 20- foot wide landscape area between the subject property and adjacent residential properties that are greater than 8,000 square feet. In areas where adjacent residential properties have lots less than 8,000 square feet, the subject property will be required to provide half of a 30’ Type “B” buffer.

I.  Streetscape: 
According to Chapter 7 of the LDO, the applicant will be required to provide a 50’ opaque streetscape along Jenks Carpenter Road.

Consistency with the Land Development Ordinance

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been done.  Prior to Site Plan or Subdivision Plan approval, the application will be required to demonstrate consistency with the Land Development Ordinance with respect to specific development requirements, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings.

Existing and Requested Zoning District Comparison:

 

*Per zoning condition proposed by applicant

Town council Criteria for Consideration in Reviewing Rezonings:

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that The Town 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;

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.

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 supplied by the Wake County Public School System.  School assignment will be determined at the time of development.

* 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. For example a site with three-bedroom homes could yield 12 additional students, while 27 homes with more than three bedrooms could yield 21.  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.

Applicant’s Justification Statement Submitted October 25, 2007

The following statements are provided by the applicant (shown below in italics) 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:

The parcel is of adequate size and dimension to support a small residential subdivision.

The proposed zoning is compatible with the comprehensive plan by supporting low density residential options. One benefit to the neighbors and community will be the connection of Luke Meadow lane to Jenks Carpenter Road. This connection will provide enhanced public facilities through improved fire and police access, waterline connection and sidewalk extension. 

Ordinance for Consideration

07-REZ-29 AB Properties of NC at Jenks Carpenter Road

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 6.32 ACRES LOCATED ALONG JENKS CARPENTER ROAD   OWNED BY JB PROPERTIES OF NC, LLC FROM RESIDENTIAL 40 TO RESIDENTIAL 8 CONDITIONAL USE. 

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 to Residential 8 Conditional Use subject to the individualized development conditions set forth herein, 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: 

1. Minimum lot size shall be 10,000 square feet.

2. Maximum density shall be 2.0 dwelling units per acre.

3. The following uses are prohibited:  Boarding House, Cemetery, Day Care Center, governmental office, Public safety station, public utility facility, utility facility (major), Utility substation (minor)

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:  March 13, 2008

ACTION: Mr. Smith moved to adopt the consent agenda (except for the items which were pulled for discussion: B.2.b., MIXED USE SKETCH PLAN 07-MU-10, Alston Ridge Elementary School, B.3.m., water conservation initiatives, B.3.o., solid waste management program review, and B.3.j., update to policy 143, rules of procedures for the Cary Town Council). Mrs. Adcock provided the second, and council granted unamimous approval.

(Ordinance is also on file in the town clerk’s office.)

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b.   MIXED USE SKETCH PLAN 07-MU-10, Alston Ridge Elementary School (formerly known as E-30 Elementary School)
Location: Southeast of Kit Creek Road and Alston Avenue intersection
Current zoning: Office, Research and Development (ORD), and Planned Development District Major (PDD Major), and within Village at the Park Mixed Use Overlay District
Request: Mixed Use Sketch Plan to replace approved multi family dwelling development with a 104,584 square foot elementary school
Acreage: 18.98 ±
Speaker: Mr. Greg Barnes
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: Council may take action (Pulled from the consent agenda for discussion; see agenda item F.1.)

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3.   Operations Committee, March 3, 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) (this link will display the full text minutes of the operations committee consent agenda)

a.   Information Services Advisory Board Mission Statement (AD08-010)
Committee unanimously recommended approval of the proposed mission statement for the Information Services Advisory Board. (Approved)

b.   Request from NCDOT to Include US 64 into the National Truck Network (EN08-077)
Committee unanimously recommended denying the use of US 64 through the corporate limits as part of the National Truck Network, based upon the need to maintain the level of safety of US 64 and to protect the pavement from the larger vehicle loads. (Approved)

c.   2008 Street Improvements Project – Priority List (EN08-078)
Committee unanimously recommended approval of the list of streets for the 2008 Street Improvements Project. (Approved)

d.   Donation of Property on Kildaire Farm Road (EN08-079)
Committee unanimously recommended approval of the donation of a 6.659 acre tract to the State of North Carolina for incorporation into Hemlock Bluffs Nature Preserve Park to mitigate the loss of park property from the Kildaire Farm Road widening project. (Approved)

e.   Annual Turnover Report (HR08-03)
Committee recognized the annual turnover report for the Town of Cary for calendar year 2007. (Approved)

f.    Eliminating 2-Month Waiting Period for Retirement Plan Participation (HR08-04)
Committee unanimously recommended elimination of the 2-month waiting period that is currently applied to most new employees before becoming members of the Local Government Employees Retirement System (LGERS) effective for employees hired on or after April 1, 2008. (Approved)

g.   Recognition of State Funds (PD08-014)
Committee unanimously recommended recognition of funds in the amount of $20,700 received through the North Carolina Substance Tax Program and appropriation of these funds into the Police Department’s Small Equipment account for police equipment and programs. (Approved)

h.   Funding for New and Replacement Water Meters (PWUT08-21)
Committee unanimously recommended approval of a $92,000 appropriation of unrestricted Utility Fund fund balance into the PWUT Operations water meter supplies account for the purchase of water meters. (Approved)

i.    Water Supply Planning Resolution (PWUT08-24)
Committee unanimously recommended adoption of the Resolution Supporting Regional Partnerships for Water Supply Planning and the Establishment of a Western Water Intake on the B. Everett Jordan Reservoir. (Approved)

j.    Update to Policy 143, Rules of Procedure for the Cary Town Council (TC08-005)
Committee unanimously recommended adoption of the revised Policy 143. (Pulled from consent for discussion; see item G.3.)

k.   C-Tran Fare Increases and Door-to-Door Service Charges (PL08-025)
Committee unanimously recommended approval of the public participation process, to begin in March 2008, to ensure citizens and customers the opportunity to comment on the proposed fare and service eligibility changes for the Town’s C-Tran Door-to-Door services and requested that staff come back to the April 3 Operations Committee meeting with feedback summarizing public comments received and a final recommendation from staff on the proposed fare and service changes associated with the Door-to-Door services.  Committee also recommended that staff consider additional funding programs and opportunities. (Approved)

l.    Reclaimed Water Master Plan (PWUT08-07)
Committee unanimously recommended adoption and implementation of the Reclaimed Water Master Plan and adoption of the revised Effective Utilization of Reclaimed Water System Policy (Policy Statement 132) effective April 1, 2008. (Approved)

m.  Water Conservation Initiatives (PWUT08-23)
Committee unanimously recommended approval of the creation of the following water conservation initiatives for immediate implementation:  Warm Season Grass Incentive for New Development, Turf Buy Back, High Efficiency Toilet Retrofit Rebate and Build Your Own Rain Barrel Program.  Committee further recommended the appropriation of $78,763 from utility fund balance and the recognition of $5,200 in additional revenue to support the initiatives detailed above to be budgeted within the Water Conservation division’s operating budget for expenditure.  Committee also recommended approval of 1 permanent full-time position, assigned to the Public Works/Utilities Water Conservation division, in order to implement and manage these initiatives. (pulled from consent for discussion; see agenda item G.1.)

n.   Environmental Issues and Opportunities (AD08-011)
Committee unanimously recommended that the town manager appoint an interdepartmental environmental work team to develop and prioritize energy-saving and other environmentally-friendly initiatives within the organization, its facilities and operations keeping global, comprehensive costs, benefits and other related tradeoffs as a priority.  Committee further recommended the creation of an environmental advisory board to provide feedback and advice to council on policies, ordinances and administrative procedures regarding environmental protection and the conservation of natural resources.  Committee also recommended that advocacy for full federal funding of the Energy Efficiency and Conservation Block Grant program be added to the federal legislative agenda.

Committed requested staff to bring more detailed information to a future Operations Committee meeting for their review concerning the requirements of becoming a signatory to the Mayor’s Agreement on Climate Change and any programs, activities and environmental opportunities encompassed in the implementation this agreement. (Approved)

o.   Solid Waste Management Program Review (PWUT08-22)
Committee unanimously recommended that their priority recommendations for the FY 2009 budget request concerning expansions to the Town’s solid waste management programs be summarized in a revised staff report to be presented at the next council meeting. (Pulled from consent for discussion; see item G.2.)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Recognition of Sunshine Week, March 16-22, 2008, in the Town of Cary.

Mayor Weinbrecht read the following proclamation in recognition of Sunshine Week in the Town of Cary.

PROCLAMATION RECOGNIZING MARCH 16-22, 2008, AS “SUNSHINE WEEK” IN THE TOWN OF CARY

WHEREAS, “Sunshine Week” is a national initiative to open a dialogue about the importance of open government and freedom of information; it seeks to inform and empower citizens to play an active role in their government, and to provide them access to information to make their lives better and our community stronger; and

WHEREAS, the Town of Cary puts a high priority on the public’s right of access and fully understands and supports both the spirit and letter of North Carolina’s “Sunshine” Laws; the Town of Cary has created a groundbreaking public records policy that continues to serve as a model for other communities around the state; and

WHEREAS, two of our Statement Of Values reflect the Town of Cary’s strong commitment to maintaining a culture of openness and transparency:

·         Our organization exists to serve our citizens. We will be open, ensure access, encourage involvement and be accountable to our citizens.

• We will be honest, ethical and diligent. Our actions will comply with local, state and federal laws.

WHEREAS, an informed and actively engaged public is crucial to the success of the democratic process, and the Cary Town Council fully supports the rights of citizens to have access to government documents and decision-making processes.

NOW, THEREFORE, I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council, do hereby proclaim March 16-22, 2008, as Sunshine Week in the Town of Cary as an expression of support for this open government initiative that is consistent with the Town of Cary’s culture and practices.

            PROCLAIMED this 13^th day of March, 2008.

(Proclamation 08-009 is also on file in the town clerk’s office.)

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D.   PUBLIC SPEAKS OUT

Mr. Butch Derosier expressed his support of impact fees, and his dissatisfaction with the Wake County public schools. He stated his son has autism, and April is autism awareness month and April 2 is international autism awareness day. He stated autism inhibits a person’s ability to communicate and develop social relationships and may be accompanied by extreme behavioral changes. He suggested that the Town help in this area with education, information and accommodation. He offered to help with this initiative.

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E.   PUBLIC HEARINGS

1.   REZONING 08-REZ-03, Highcroft Village and Fryar Planned Development District (PDD) Amendments
Location: north of Green Hope School Road, east of Fryars Frontier Trail and west of NC Highway 55
Request: transfer land from Fryar PDD to Highcroft Village PDD, reduce streetscape width, increase density and revise maximum number of units in Tracts 4 and 5 of Highcroft Village PDD
Acreage: approximately 49.38
Speaker: Ms. Jennifer Currin
Proposed council action: Refer to May 19, 2008 planning and zoning board meeting (Referred to 5/19/08 planning & zoning board meeting)

Request

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 49.38 acres, located north of Green Hope School Road, east of Fryars Frontier Trail and west of NC 55 Highway, by amending the previously approved Highcroft Village and Fryar PDDs (Planned Development Districts) by removing approximately 4.28 acres from the Fryar PDD and including it in the Highcroft Village PDD, reducing streetscape widths, density increases in Tracts 4 and decreases in Tract 5 of the Highcroft Village PDD, and revising the number of dwelling units in Tract 4 and 5 of the Highcroft Village PDD.

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