DRAFT

(Contact the town clerk at 919-469-4011 for official minutes)

 

Cary Town Council Minutes

Thursday, May 29, 2008

6:30 p.m.

Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: 
www.townofcary.org

 

Click on the links herein to view full text minutes; action for each item is shown in yellow highlight next to each agenda item.

 

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

 

Absent: Council Member Jennifer Robinson

 

 

A.   COMMENCEMENT

 

1.    Call to Order (Provided)

 

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

 

_________________________

 

2.    Ceremonial Opening (Mayor Weinbrecht)

 

Mayor Weinbrecht provided the ceremonial opening.

 

_________________________

 

3.   Adoption of agenda (Town Council)

 

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

 

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B.   CONSENT AGENDA (click on this link to see the full text minutes of the consent agenda)

 

The council pulled item B.3.e. from the consent agenda for discussion (Green Level Stream Restoration and Greenway Project, PR08-028. Refer to item G in this minutes for discussion and action on this item.

 

 

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 May 8, 2008, and approval of the minutes from the comprehensive transportation plan update work session held on April 29, 2008.  (Approved) 

b.   Consideration of approval of the May 2008 tax report. (Approved)

 

c.   Consideration of adoption of certificates of sufficiency and resolutions of intent and calling for public hearings on the following annexation resolutions of intent and petitions:

 

(1)  ANNEXATION 08-A-01 (Approved)
Property owner:
Town of Cary and Wake County
Location: 1,600 feet southeast of the Green Level Church Road and White Oak Church Road intersection
Acreage: 114.92 plus 5.29 acres of adjacent right of way = 120.21 total deeded acres
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Proposed use: Future park and greenway trail    
Associated Rezoning Case: 08-REZ-02 (Raftery Property)          
Speaker:
Mr. Ricky Barker
 

(2)  ANNEXATION 08-A-04 (Approved)
Property owner:
SAS Institute, Inc. and Reedy Creek Investments, LLC
Location: 2301, 2401 Trenton Road
Acreage: 11.79 plus 0.00 adjacent right of way = 11.79 total deeded acres
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: No
Proposed use: Solar Array Panel Installation Site
Associated Development Case: 08-SP-037 (SAS Solar Array)
Speaker:
Mr. Ricky Barker
 

(3)  ANNEXATION 08-A-05 (Approved)
Property owner:
Sears Farm LLC
Location: At the intersection of High House Road and Davis Drive
Acreage: 46.34 plus 5.73 adjacent right of way = 52.07 total deeded acres
Zoning: Residential and General Commercial in a Planned Development District (GCP) in a Mixed Used Overlay District
Contiguous to Primary Corporate Limits: Yes
Proposed use: Commercial
Associated Development Case: 08-SP-023 (Searstone Development)
Speaker:
Mr. Ricky Barker
 

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.   De Salto Development

 

(1)  ANNEXATION 07-A-26
Property owner: Hector Del Salto and Janeth Pearl
Location: 8324, 8328 Henderson Road
Acreage: 4.04 total acres
Zoning: Residential 30 Wake (R-30W)
Existing use: Single Family Residential and vacanct
Contiguous to Primary Corporate Limits:
Yes
Proposed use: Single Family Residential
Associated Rezoning Case: 07-REZ-20 (Del Salto Property)
Speaker:
Mrs. Debra Grannan
Proposed council action: council may take action
(Approved)

 

(2)  REZONING 07-REZ-20, Del Salto Property
Location:
8324 and 8328 Henderson Road
Current zoning: Residential-30 Wake (R-30 W)
Requested zoning: Residential-8 Conditional Use (R-8 CU)
Acreage: 4.04 ±
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: voted 7-0 to recommend approval
Proposed council action: council may take action
(Approved)

 

3.   Planning and Development Committee, May 14, 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. Portman)

 

a.   Heartwood Montessori School – Request for Waiver (EN08-094)
Committee unanimously recommended requiring the right-of-way dedication but otherwise approving a request for waiver from thoroughfare improvement requirements associated with the proposed Heartwood Montessori School.
 (Approved)

b.   Parkside Town Commons – Railroad Crossing Changes Agreement (EN08-095)
Committee unanimously recommended scheduling a public hearing for at-grade railroad crossing closures and requested that, following the public hearing, staff develop a Parkside Town Commons Transportation Improvement Agreement and a CSX Rail Crossing Agreement and bring those agreements back to committee for consideration. 
(Approved)

c.   Request for Road Improvement Waiver – Kilmayne Office Park (EN08-096)
Committee unanimously recommended requiring the right-of-way dedication but otherwise approving a request for waiver from further widening along SE Maynard Road associated with the Kilmayne Office Park Mixed Use Sketch Plan (07 MU-06). (Approved)

 

d.   Consideration of Accepting a Donation of a Sculpture (PR08-027)
Committee unanimously recommended approving the acceptance of the donation of the sculpture “Ecclesiastes (War Wagon)” by artist Phil Alan Simpson from Cary Visual Art and Friends of Page-Walker as a permanent placement at the Page-Walker Arts and History Center.
(Approved)

 

e.   Green Level Stream Restoration and Greenway Project (PR08-028)
Committee unanimously recommended approval of the Green Level Stream Restoration and Greenway Project Plan.
(Pulled from the consent agenda for discussion; see item G.1.)

 

f.    Budget Adjustment – USDA Stream Restoration and Greenway Planning Funds for Swift Creek (PR08-029)
Committee unanimously recommended approval of a budget adjustment to recognize $200,000 in revenue in the Capital Projects Fund from the USDA and the corresponding expenditure in the Capital Improvement Budget for the Swift Creek Stream Restoration and Greenway Plan project. (Approved)

 

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C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

1.   Presentation of a resolution honoring former council member Marla Dorrel. (Presented a resolution renaming the Kids Together Park as the Marla Dorrel Park)

 

ACTION: Mrs. Robison moved to adopt the resolution renaming the Kids Together Park as the Marla Dorrel Park. Mr. Smith provided the second, and council granted unanimous approval.  

 

Mrs. Robison and long-time Town of Cary volunteer Tom Hemrick presented the following resolution to former council member Marla Dorrel.

 

RENAMING THE KIDS TOGETHER PARK AS THE

MARLA DORREL PARK

 

WHEREAS, Marla Dorrel, a St. Louis, Missouri native who has called Cary her home since 1989, faithfully served her community as a Cary Town Council member for two terms from 1999-2007; and

WHEREAS, Marla graduated from Florida International University with a Bachelor of Science Degree in Special Education. Following a distinguished teaching career, she launched a second career as a government relations executive with the cable industry, which resulted in frequent travels to the Cary area. Charmed by the home-town feel and kind people, she and her husband, Gary Craven, moved to Cary to open several retail businesses; and

WHEREAS, throughout her eight years as a Town Council Member, Marla established a reputation as a woman of integrity and great character. She is well known as a champion for improving the quality of life for Cary residents. She served as the council liaison to the Parks, Recreation and Cultural Resources Advisory Board, the first council liaison to the Public Art Advisory Board, and she was actively involved with the Friends of the Page Walker Arts and History Center.  Her passion for community historic preservation, the arts, and civic partnership led her to successfully move forward a number of Council initiatives during her tenure; and

WHEREAS, Marla, along with other community leaders and advocates, established a vision for a Town playground that would be specifically designed and constructed for all children, regardless of their abilities.  She led efforts to increase community awareness, raise private funds, and gain Town support that culminated in the reality of Kids Together Park, one of the most highly used and enjoyed parks in the award winning Cary Parks System; and

WHEREAS, Marla’s tireless dedication and commitment to the development and continual improvement of Kids Together Park predates her service as a Town Council member and continues today. Her selfless devotion to positively impacting the lives of the citizens of Cary is most evident in her work for the Kids Together Playground.

NOW ,THEREFORE, BE IT RESOLVED that in recognition of Marla Dorrel’s love for her community and to thank her for her service, it is only fitting that we hereby honor her by renaming the Kids Together Park as the "Marla Dorrel Park" and that the playground be referred to as "Kids Together Playground" at the Marla Dorrel Park.  We are proud of the legacy that Marla has provided to current and future generations of Cary citizens through her visionary leadership for the betterment of the lives of all special needs children and for the entire community.

 

FURTHERMORE, the Town Council invites the community to the Kids Together 8th Birthday Party on June 1, 2008 at the Marla Dorrel Park as we continue to celebrate this park and what it means to our Town and pay tribute to Marla Dorrel.

            ADOPTED this 29th day of May, 2008.

 

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

 

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D.   PUBLIC SPEAKS OUT

 

Ms. Carla Sadtler discovered that her land has been taken for a greenway with the consent agenda item B3e that was pulled for discussion (Green Level stream restoration and greenway project). She stated she has never been notified of this action. She asked council to table the issue until council and staff can have discussions with the neighbors who will be impacted by this action.

 

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E.   PUBLIC HEARINGS (click here to view full text minutes of all public hearing items)

1.   Proposed C-Tran Door-To-Door Fare Increases and Service Requirements
Subject:
Public hearing on the proposed fare increases and service requirement changes on C-Tran’s Door-to-Door transit services. The recommended changes to the Door-to-Door transit service include: implementation of a new tiered service structure, fare increases, increase in age eligibility, and a discount fare adjustment.
Speaker: Mr. Ray Boylston
Proposed council action: Conduct the public hearing; the item will be on the June 12, 2008 council meeting agenda for final action 
(Conducted public hearing; referred to 6/12/08 council agenda for final council action)

2.   Budget Public Hearing
Subject:
This public hearing provides an opportunity for the public to comment on the Town of Cary’s Proposed Fiscal Year 2009 Budget, which identifies services and infrastructure projects to be undertaken by the Town from July 1, 2008 through June 30, 2009.
Speaker: Mr. Scott Fogleman
Proposed council action: conduct public hearing; another public hearing is planned for the June 12, 2008 council meeting with budget adoption scheduled at the June 26, 2008 council meeting 
(Conducted public hearing; another public hearing will be conducted at the 6/12/08 council meeting)

 

3.   Land Development Ordinance Amendments
Subject:
Modifications are proposed to the Land Development Ordinance (LDO) with regards to the items listed below. Specific chapters are listed, and other related items and sections may also be considered for changes.
Speaker: Mr. Ricky Barker
Proposed council action: refer to the August 11, 2008 planning and zoning board work session
(Referred to the 8/11/08 planning and zoning board work session; the town council will conduct a work session on this item and the associated Southwest Area Plan amendments in July 2008)

 

CHAPTER #

AMENDMENT

3

Application Materials & Town Council Review and Approval Process; Adequate Public Facilities Planning and Development for Roads

4

Conservation Residential Overlay District

5

Day Care; Telecommunication Facilities; Accessory Uses and Structures Allowed; Temporary Uses and Structures

6

Table of Density and Dimensional Standards-Town Center District

7

Trash Containment Areas; Establishing General Urban Transition Buffers; Town of Cary General and Specialized UTBs; Peak Runoff Control; Computation of Off-Street Parking Requirements & Required Off-Street Parking

8

Subdivision and Site Plans-General Provisions; Subdivisions; Uses Requiring Site Plans; Alternative Development Options: Cluster Housing

9

Flexibility Within the Town Center, Mixed Use Overlay Districts, National Register Historic Districts, and Certain Developments; Computations; Conditions; Signs in Town Center, Mixed Use Overlay Districts, and National Register Historic Districts; Appearance

12

Other Key Terms Defined

3,4,5,6,7,8,9,11&12

Minor clarifications, corrections, and images

 

4.   Southwest Area Land Use Plan Amendment
Subject:
Modifications are proposed for this document with regard to plan vision, guiding principles, objectives and land use recommendations. These changes are associated with the Land Development Ordinance amendments to the Conservation Residential Overlay District.
Speaker: Mr. Scott Ramage
Proposed council action: refer to the August 11, 2008 planning and zoning board work session
(Referred to the 8/11/08 planning and zoning board work session; the town council will conduct a work session on this item and the associated Southwest Area Plan amendments in July 2008)

 

5.   Consideration of adoption of the following annexation ordinances:

 

a.   Annexation 08-A-02
Applicants: Mahmoud and Rolla Abdallah
Property address: 3727 Davis Drive
Current Zoning: Office, Research & Development (ORD)
Acreage:
2.67 plus 0.00 adjacent right of way = 2.67 total deeded acres
Contiguous to Primary Corporate Limits:  
Yes 
Existing Use:
Residential Single Family
Proposed Use: Office Building
Associated case:
Site Plan 07-SP-088 (Davis Drive Office Park), refer to agenda item F.2.)
Presenter: Mr.
Ricky Barker
Proposed council action: conduct public hearing; defer vote to coincide with Site Plan 07-SP-088 (
Davis Drive Office Park, refer to agenda item F.2.) (Approved)

 

b.   Annexation 08-A-03
Applicants: Gayle Partin
Property address: 6514 Koppers Road
Current Zoning: Transitional Residential Conditional Use (TR CU)
Acreage: 12.73 plus 0.65 adjacent right of way = 13.38 total deeded acres
Contiguous to Primary Corporate Limits:
Yes  
Existing Use:
Vacant
Proposed Use: Residential Subdivision
Associated Development Plan:
08-SP-020 (Koppers Road Subdivision)
Presenter: Mr. Ricky Barker
Proposed council action: council may take action
(Approved)

 

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.   MIXED USE SKETCH PLAN 07-MU-08, Maynard Village
Location:
Southwest quadrant of Chapel Hill and NW Maynard Roads intersection
Current zoning: Residential 40 (R-40), Residential 20 (R-20), Resource/Recreation (R/R) and within the Northwoods West Mixed Use Overlay District
Request: Mixed Use Sketch Plan for 70,000 square feet of office uses, 54,000 square feet of commercial uses and 24 dwelling units
Acreage: 16.06 ±
Speaker: Mr. Kevin Hales and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: voted 6-1 to recommend approval
Proposed council action: council may take action
 (Approved)

Request

 

The applicant is requesting Town Council approve a mixed use sketch plan to allow office, commercial and residential uses on approximately 15.81 acres located in the southwest quadrant of the Chapel Hill and NW Maynard Roads intersection and within the Northwoods West Neighborhood Mixed Use Overlay District.

 

The purpose of the Mixed Use Overlay District is to enable the development of lands in areas designated as mixed use centers on the Land Use Plan Map in accordance with the guidance of Comprehensive Plan and individual mixed use sketch plans. It is intended to promote higher-density, mixed-use developments of varying sizes, as an alternative to lower-density separate-use suburban sprawl-type development.

 

Mixed use sketch plans are conceptual documents that address the general density, mix of uses, and development patterns within a mixed use center. They are less detailed than the site plans required for full site plan review. The intent is to provide sufficient information to determine consistency with the Comprehensive Plan and the Town’s Design Guidelines. Specific development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site plan is submitted. 

 

Background Information

 

Applicant

Jerry Turner and Associates, Inc. (Glenda Toppe)

Agent

Glenda Toppe

Jerry Turner and Associates, Inc.

905 Jones Franklin Road

Raleigh , NC 27606

Acreage

15.81 ±

General Location

 

Southwest quadrant of Chapel Hill and NW Maynard Roads intersection

Hearings / Meetings

Public Hearing

December 13, 2007

Planning & Zoning

March 17 and April 28, 2008

Town Council

May 29, 2008

Land Use Designation

Mixed Use and within the NW Maynard Activity Center

Town Limits

Portion of Maynard Village MUSP within Cary Town Limits: 13.81 ± acres

Portion of Maynard Village MUSP within Cary ’s ETJ, but not within Cary Town Limits: 2 ± acres

Annexation

For those parcels not within the Town Corporate Limits, but within Cary ’s ETJ, annexation is required at time of site or subdivision plan submittal

Valid Protest

No protests were received regarding this case; therefore, no supermajority vote is required.

March P&Z Recommendation

Table the MUSP until the April P&Z Meeting 6-1

April P&Z Recommendation

Forward to Town Council with a recommendation for approval 6-1

Existing Use

Vacant and Single Family Detached Dwelling Units

Proposed Use

70,000 SF of office uses; 54,000 SF of commercial uses; and 24 dwelling units

Final Council Action

To be provided after the Town Council Meeting

Staff Contact

Kevin Hales, Planner II

Email: kevin.hales@townofcary.org

Phone: (919) 462-3944

Mailing Address: P.O. Box 8005, Cary, NC 27512

 

The site plan is attached to and incorporated herein as Exhibit.

Site Plan Details:

 

SUMMARY OF ORIGINAL REQUESTED MIXED USE SKETCH PLAN PRESENTED AT THE TOWN COUNCIL PUBLIC HEARING

 

The applicant is proposing 70,000 square feet of office uses, 54,000 square feet of commercial uses and 24 residential dwelling units.

 

There are 8 nonresidential, single-use buildings proposed in the Maynard Village MUSP. The office buildings shown are proposed to range in height from 1 to 3 stories. The commercial use buildings will be 1 story in height. The largest nonresidential building shows a maximum of 52,300 square feet of office uses. A 4,000-square foot bank is proposed at the corner of Chapel Hill and NW Maynard Roads.

 

The applicant has proposed one 3-story building for the 24 multi-family dwelling units. The multi-family building is shown along the northwestern portion of the subject site, which is adjacent to the Nancy Jones House.

 

Two stormwater BMPs are proposed on the MUSP; one is located along the southwestern portion of the subject site and the other is located along the southern tip of the proposed layout.

 

Feedback at the Town Council Public Hearing: The applicant stated this request complies with the Comprehensive Plan, since the request proposes commercial, office and residential uses. The applicant stated a potential existed for as much as 70,000 square feet of commercial and 77,000 square feet of office; however, because of the trip budget that is part of the approved comprehensive plan, the project proposes a maximum of 54,000 square feet of commercial, 70,000 square feet of office and 24 residential units. The applicant stated they have designed the site according to the Town’s design guidelines. The applicant has placed several buildings adjacent to both major roadways as well as provided plazas, sitting areas and sidewalks throughout the site to create a pedestrian-friendly environment. The applicant stated that there is a residential use along the western property boundary, where the Nancy Jones House is located, and they understand that the Town would like to see the house remain. The applicant stated it is their intent to propose a development that will enhance that possibility and will not be a detriment to any future use of the house.

 

A citizen spoke about the importance of protecting the Nancy Jones House, which was built circa 1803 and is the oldest surviving home in the Cary area. The citizen stated the staff report indicates in Note 5 that the proposed roadway setback for a 24-unit residential building of 20 feet is incompatible with the existing Nancy Jones House 100-foot roadway setback. The report also indicates that the proposed height and mass of the three-story multi-family residential building is not in scale with the Nancy Jones House. The citizen urged Council to consider scale, buffers, setback, appropriateness and intensity of the mixed use sketch plan, since it is next door to one of the area’s most significant premier historic sites. The second citizen concurred with the previous comments and additionally noted that the buffer reduction request along the railway right-of-way and the potential traffic impacts are concerns.

  

A Council member stated they were pleased the proposal stays within the trip budget, but is concerned with the building configuration and does not think it is cohesive. It was expressed that a large expanse of parking is not pedestrian friendly. A generous buffer adjacent to the Nancy Jones House is preferred by members on Council. Concerns were also expressed whether a residential use is appropriate in this location. A Council member requested that Staff and the applicant provide information showing the long-term vision for connecting the site to the Nancy Jones House.

 

Changes Since the Town Council Public Hearing: Since the Town Council public hearing, the applicant and Town Staff met to discuss the layout and comments from the public hearing, and resulted in the applicant modifying the proposed site layout as described below.

 

The revised plan shows many of the buildings re-arranged to meet design guidelines for mixed use centers which includes increasing pedestrian connectivity. The original western-most office and commercial buildings were repositioned on the site to create a “mini” main street. Building J, as identified in the Mixed Use Sketch Plan (MUSP), has been moved away from NW Maynard Road and closer the other buildings located north and west of Building J. The residential building has been rotated away from Chapel Hill Road and the Nancy Jones House so that it now almost parallels the property line between the subject site and the Nancy Jones House. The residential building is now a focal point where the “main street” terminates.

 

The largest non-residential building has been reduced to 50,000 square feet. The MUSP includes a table identifying floor space in the buildings and the square feet of each use in those buildings.

 

The right-in/right-out driveway originally proposed along Chapel Hill Road near the intersection with NW Maynard Road has been removed, aiding in pedestrian safety and connectivity.

 

The applicant specified that a 20-foot Type A buffer would be provided along the western property line adjacent to the Nancy Jones House. The Maynard Village MUSP provides a note stating that an access easement is to be reserved for a future connection to the Nancy Jones House property. A 50-foot streetscape has also been provided along Chapel Hill Road in front of the residential building. A 20-foot streetscape along NW Maynard Road is proposed. The applicant indicates in Note 2 on the MUSP that the 10-foot reduction to the streetscape is due to the parking, but the building will have an entrance towards the street with pedestrian access, thus meeting the intent of the mixed use sketch plan guidelines. The applicant further states that the parking will be hidden effectively with plant material and the building will have a significant façade, thus providing a major presence along Maynard Road . The MUSP also proposes a 10-foot Type A buffer along the railroad. The applicant has stated that a retaining wall (if needed) and a solid fence will be provided. The applicant has also included in a note that the developer is committed to sound attenuation measures for the residential units. The applicant will have to meet the 2006 International Building Code (IBC), NC Edition, Section 1207.2 requirements, which state that the Sound Transmission, Class (STC) be no less than 50 to meet sound attenuation requirements. This is the minimum industry standard for soundproofing in multi-family residential buildings. Best Management Practices (BMPs), parking, and travel aisles have also been provided between the railroad and the buildings to further reduce the impact of the railroad on this site.

 

Feedback at the March Planning and Zoning Board Meeting: Although a few Planning and Zoning Board members supported the mix of uses, the applicant’s consideration of the traffic budget, and the applicant and Staff working together, a few concerns were raised during the meeting. Several Planning and Zoning Board members expressed concerns about the NW Maynard Activity Center Land Use Plan recommended a 30-foot buffer adjacent to the railroad right-of-way and the applicant requesting that the buffer adjacent to the railroad be reduced to a 10-foot Type A buffer. Another concern raised was about the buffer reduction from forty (40) feet to twenty (20) feet along the western property line, adjacent to the Nancy Jones’ House. A request was also made that representatives from the Capital Area Preservation, Inc. (CAP) evaluate 2 of the houses currently existing on site.  A concern was voiced regarding a right turn lane and what sound attenuation measures might be used in the residential building. The Planning and Zoning Board also wanted to know what the remaining conditions were that Staff wanted the applicant to address and did not feel comfortable forwarding the MUSP to Town Council without knowing Staff’s comments. The plan was tabled at the March Planning and Zoning Board meeting to provide the applicant time to address the Board’s concerns.

 

Changes since the first Planning and Zoning Board Meeting: Since the Planning and Zoning Board meeting, the applicant responded to Staff’s third review comments. In Staff’s recommendation to the Planning and Zoning Board in March, Staff requested that the interaction between building J and NW Maynard Road be increased. The applicant has shown a small plaza possibly with ‘monumental’ stairs.  The design of this area will be submitted during the site plan approval process. The applicant stated that the fence provided along the railroad right-of-way will be either an industrial grade PVC or a concrete tilt up fence.

 

To address the question regarding the sound attenuation measures, the applicant stated in their comment responses that some sound attenuation will be achieved through the use of the retaining walls and the fence placed on top. Most probably the concrete tilt up would be used along the residential segment.  Only slight attenuation/absorption is achieved through plant material so increasing the buffer specifically for this would not be effective. Noise level design requirements will be required on the site plan and may include measures to the exterior walls; windows; doors; roof-ceiling assembly; floors, foundations and basements; ventilation and wall penetrations; or other alternatives.

Several notes have been revised or added to the MUSP. These notes refer to the public art location at the intersection of NW Maynard Road and Chapel Hill Rd , the specific deviations from the LDO requested in the MUSP, modifications submitted and reviewed in accordance with LDO 3.19.1 and 4.4.2(L), and timing of installation of focal point features.

Planning and Zoning Board Recommendation

 

As required by G.S. 160A-328, a P&Z recommendation addressing plan consistency and other matters as deemed appropriate by the Board follows:  The Planning and Zoning Board met on April 28, 2008 and voted 6-1 to forward this case to the Town Council with a recommendation for approval because the proposed amendment is consistent with the Comprehensive Plan, and is reasonable and in the public interest as indicated in the staff report. The P&Z member with the dissenting vote stated that they were displeased with the applicant’s request to reduce the buffer and the density of the project.

 

Changes since the Planning and Zoning Board meeting: None

 

Applicable Comprehensive Plan Recommendations and analysis:

 

A.  Land Use Plan: 
The governing element of the Comprehensive Plan for these properties is the Northwest Maynard Activity Center Land Use Plan, originally adopted by Council in December 2003.  The Plan’s land use recommendations for this southwest quadrant of the intersection were amended via case 06-CPA-03 on October 12, 2006.  The Plan currently designates all the subject parcels on the southwest quadrant as “Mixed Use (MXD),” but subject to Notes #2, #4, and #5 on the Plan Map, as well as the “Traffic” section of the “Purpose and Intent” text box on the Plan Map.  The text of Notes 2, 4, and 5, plus the “Traffic” portion of the Plan Map text, are provided below, along with an analysis of the degree to which the sketch plan application conforms to the Notes and plan text:

 

Note #2:  This mixed-use area can include Commercial uses, Office and Institutional uses, or residential uses.  A substantial and reasonable mix of at least two of the three aforementioned use categories should be provided, exclusive of any residential units provided under the commercial bonus provision described in (c.), below.  At a minimum, no more than about two-thirds of the developed floor space should be in the same major use category.  General guidelines:

  1. Lot consolidation and the provision of shared driveways onto Chapel Hill Road are also recommended in this area, in order to    maximize the overall redevelopment potential and avoid land use conflicts with neighboring lots.
  2.  If both residential and nonresidential uses occur on this quadrant, the architectural styles of the two types of uses should be compatible, and transitions between such uses should conform to Cary’s Design Guidelines Manual.
  3. Office uses should be limited to no more than about +/- 77,000 square feet of office space on this quadrant, and Commercial/Retail uses to no more than about +/- 60,000 square feet if no residential units are provided on the SW quadrant, but allow an additional 1,000 square feet of commercial/retail for every dwelling unit provided, up to a maximum of about +/-70,000 square feet of commercial/retail.  Individual retail spaces/anchors should not exceed about 50,000 square feet
  4. For mixed-use buildings, the floor space for the individual uses within such buildings will be subject to the above floor space caps.
  5. The total number of residential units should not exceed about 128 units (equivalent to the maximum yield of Medium Density Residential applied over the entire quadrant).  However, either Medium or High Density Residential housing types are acceptable.

Staff analysis re. Note 2:  The mix and amount of land uses proposed in the Mixed Use Sketch Plan conforms to the land use designation and Note #2 of the NW Maynard Activity Center Land Use Plan.  It is not yet possible to determine the extent to which 2.b. is satisfied, until building elevations and architectural details are provided.

 

Note #4:  Buffer adjacent to railroad right-of-way, minimum of 30 ft. wide.  Recommended to include a sound wall or fencing to block view of railroad.

 

Staff analysis re. Note 4:  When the CPA was approved in 2006 recommending the 30-foot buffer, a site layout had not been submitted to the Town of Cary for review. Typically, when designing a site, one would expect higher intensity uses to be placed closer to the intersection of Chapel Hill and NW Maynard Roads and placement of lower intensity uses farther away ( parallel to the railroad right-of-way) from the major thoroughfares. However, when the mixed use sketch plan was submitted, the applicant placed the 24 residential dwelling units along the western portion of the site, perpendicular to the railroad ROW, (and not parallel to the railroad right-of-way) to provide a transition between the Nancy Jones House, a residential use, and the nonresidential proposed in the Maynard Village MUSP. By locating the residential building along the western property line, the applicant was transitioning uses to be consistent with Note #5 in the NW Maynard Activity Center Land Use Plan. In addition to the 10-foot Type A buffer, which includes an opaque fence, the MUSP provides travel aisles, BMPs, parking spaces and/or, in some instances, a sidewalk between any of the residential and nonresidential uses and the railroad right-of-way. These measures should effectively block the view of the railroad. It is for the reasons mentioned above that Staff determined that a 10-foot buffer adjacent to the railroad ROW is appropriate and is not inconsistent with Note #4 on the NW Maynard Activity Center Land Use Plan.

 

Note #5:  Towards the western edge of the activity center individual buildings should be of a height, mass, and architectural style compatible with the adjacent single family residential uses to the immediate west of the activity center, in order to create an effective transition between uses.

 

Staff analysis re. Note 5:  The parcel immediately west of the site is the 4.5-acre Gillespie property, home to the Nancy Jones House, the oldest historic building in Cary, dating from about 1810, and listed on the National Register of Historic Places.  The Nancy Jones House is situated approximately 400 feet west of the sketch plan’s western boundary, and is set back approximately 100 feet from Chapel Hill Road.  The MUSP includes a 3-story, 24-unit multifamily residential building at the western end of its site, near the Gillespie/Nancy Jones property. 

 

Following the initial public hearing, and in response to staff and Council comments, this building has been rotated on the site so that it is further away from Chapel Hill Road and the Nancy Jones House property to the west than it was in the original submission.  The building is aligned so that it now almost parallels the property line between the Nancy Jones House.  The multifamily building is now set back 50 feet from Chapel Hill Road, and about 150 feet from the property line of the Gillespie property at the building’s closest point, and about 200 feet at its furthest point.  Thus, the proposed building would be approximately 550 feet to the east of the Nancy Jones House at its closest point. 

 

The sketch plan also proposes a 20-foot Type A buffer on the common property line, which is a 20-foot reduction from the 40-foot Type A buffer that would have otherwise been required under the Land Development Ordinance.  In addition, there is presently a generous stand of trees and vegetation on the Gillespie Property, between the Nancy Jones House and the property line, which can further help to block views between the two sites, to help soften the transition.

 

Thus, while the height and mass of the proposed 24-unit building could be considered incompatible with the Nancy Jones House if the two buildings were sited in close proximity, the physical separation and buffers between the two buildings makes it less imperative to match height and scale.  Overall, compatibility between the two buildings or sites has been achieved using a combination of separation, buffers, height, and mass. 

 

Finally, Note #5 implies that there should be architectural compatibility between the Nancy Jones House and the proposed 3-story multifamily building.  However, it is not yet possible to fully determine the extent to which this recommendation is satisfied, until building elevations and architectural details are provided.

 

Purpose and Intent Text Box, “Traffic” Section:  The subject parcels are also subject to the Plan Map’s special notes regarding traffic.  The first paragraph under the “Traffic” heading of the “Purpose and Intent” text box on the NW Maynard Activity Center Land Use Plan map is as follows:

 

The overall level of traffic associated with future development within this activity center should not exceed the level that might reasonably have been expected for this neighborhood activity center, prior to the rezoning of the northeast quadrant in May 2003 for a Lowe’s Home Improvement Center (02-REZ-19).  Thus, total trip generation across the entire activity center should not exceed more than about 12,900 ADT (Average Daily Trips) on weekdays, and 13,500 ADT on Saturdays.  Future development plans and Mixed Use Sketch Plans should strive to keep the overall activity center ADT within about +/- 5% of the weekday ADT target, and within about +/- 7.5% of the Saturday ADT target.

 

Staff analysis re. “Purpose and Intent,” “Traffic”:  The sketch plan proposes 54,000 square feet of commercial uses, 70,000 square feet of office uses, and 24 residential units.  Using the same methodology as used in evaluating case 06-CPA-03 Bashyam in 2006, the amount of development proposed by the sketch plan is 4% over the weekday ADT target, and 7.8% over the Saturday ADT target.  Thus, the sketch plan conforms with the Purpose and Intent statement that the overall activity center ADT be within about ± 5% of the weekday ADT target, and within about ± 7.5% of the Saturday ADT target. 

 

B.  Comprehensive Transportation Plan:
The Town’s Transportation Plan identifies two thoroughfare roadways in the vicinity of the subject parcels:

 

1.   Chapel Hill Road. 

Existing Section:  Varies two (2) to six (6) lanes 

Future Section: Six (6) lane median divided

Scheduled Road Improvements:  None scheduled

2.   NW Maynard Rd. 

Existing Section:  Varies four (4) to seven (7) lanes

Future Section:  Four (4) lane median divided

Scheduled Road Improvements:  None scheduled

 

Transit Requirements:  Bus stop shelter and concrete pad meeting the Town’s specifications will be required along NW Maynard Road adjacent to the 3-story office building.

 

C.  Parks & Greenways Facilities Master Plan:

According to the Parks, Recreation & Cultural Resources Facilities Master Plan there are no issues related to this site.  A recreation payment-in-lieu will be required for residential development in accordance with the Land Development Ordinance.     

 

D.  Open Space and Historic Resources Plan: 

The Open Space Plan and its priority open space inventory do not identify any significant natural resources on the subject parcels.  The collection of parcels does contain a mix of hardwood/conifer tree cover, typical of the area.  There are presently 6 homes among the 13 lots included in the application.  The oldest two homes date from 1940 and 1945, with the others dating from 1953, 1958 (two homes), and 1970.  The 1940 house is a 2-story home of about 2,400 square feet  The 1945 house is a single-story of about 2,400 square feet.  However, neither the 1940 nor the 1945 house are currently listed on the Wake County Historic Resources Inventory. 

 

Nevertheless, since the County Inventory is not exhaustive, with the applicants’ permission, staff asked the Town’s on-call historic resources consultants (Capital Area Preservation, Inc.) to perform a cursory evaluation of the two oldest homes, in order to ensure that they weren’t omitted from the County Inventory in error.  On April 4, 2008 , the Town’s consultants from Capital Area Preservation (CAP) performed an on-site evaluation. CAP verified that none of the homes met the criteria to be listed on the Wake County Historic and Architectural Survey.  In their report to staff dated April 11, 2008 , CAP reported that:

“The houses are Minimal Traditional and Ranch styles dating from the 1940s-1970s. There are other houses on the Survey located in Cary that stand as better examples of these housing types built during these decades. Further, Edwards-Pitman Environmental, Inc., which conducted the 2001-2007 update to the Survey, made a similar determination regarding these properties, thus explaining their absence from the Survey list to date. 
“If the six houses are to be demolished, we would suggest that Lotus Investments, LLC donate any usable materials from the houses to .. the Habitat for Humanity ReStore program in Wake
County ..

Since CAP determined that none of the homes met the criteria to be listed on the Wake County Historic and Architectural Survey, Staff does not recommend saving the existing homes.  

Immediately west of and adjacent to the subject site lies the Gillespie property, which contains the Nancy Jones House, the oldest home in Cary, dating from about 1810.  The Nancy Jones House is eligible for the National Register. 

 

E.  Affordable Housing Plan: 

The Town of Cary has an adopted Affordable Housing Plan; applicable goals from this plan include:

1.   Provide for a full range of housing choices for all income groups, families of various sizes, seniors, and persons with special challenges.

2.   Facilitate the creation of a reasonable proportion of the Town of Cary’s housing as affordable units through additional homeownership opportunities for individuals and families earning 80% of area median income.

3.   Encourage the location of high density housing within walking density and convenient commuting distance of employment, shopping, and other activities, or within a short walk of a bus or transit stop, or through “mixed use” developments.

4.   Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of Cary, regardless of income.

 

F.  Growth Management Plan: 

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

1.   Guiding Principle R1: Ensure that adequate infrastructure and services are available concurrently with new development.

Analysis:  Water and sewer infrastructure is available, and the Adequate Public Facilities Ordinance for Transportation will ensure concurrency for roadway capacity. 

2.   Guiding Principle L1: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.

Analysis:  The subject parcels are located within an area where urban services are readily available, and is located within a planned mixed-use center.    

3.   Guiding Principle A1: Increase permitted densities in preferred growth areas to encourage desired forms of development.

Analysis:  The NW Maynard Activity Center Land Use Plan, as adopted in 2003, recommended future land use densities and intensities that conform with and reflect the degree to which the Town has identified this as a preferred growth area. 

 

Consistency with the Land Development Ordinance

 

G.  Environmental:  
According to the Town of Cary GIS maps, there are no stream buffers impacting the subject request.  The project will be required to comply with all buffer requirements of the Land Development Ordinance during the site plan approval process.

 

H.  Buffers: 
According to the Northwest Maynard Activity Center Land Use Plan, the buffer adjacent to the railroad right-of-way shall be a minimum of 30 feet wide and recommended to include a sound wall or fencing to block view of the railroad. The applicant is proposing a 10-foot buffer adjacent to the railroad right-of-way (see comments under Note #4 in the Land Use Plan section of the report). According to Chapter 7 (LDO), the applicant is required to provide a 40-foot Type “A” buffer along the western boundary of the subject property since the proposed residential units are adjacent to a Residential-40 (R-40) zoned parcel. The applicant is proposing a 20-foot buffer along the western boundary of the subject request (see comments under Note #5 in the Land Use Plan section of the report).

 

I.  Streetscape:
According to Chapter 7 (LDO), the applicant is required to provide a 30-foot streetscape along both Chapel Hill Road and NW Maynard Road where nonresidential uses are proposed. Along the street frontage on Chapel Hill Road , where the residential component is proposed, a 50-foot streetscape is required by the LDO. The Maynard Village MUSP proposes variable streetscapes from 20 feet to 50 feet along Chapel Hill Road . The applicant does provide a 50-foot streetscape along Chapel Hill Road where the residential units are located. The streetscape along NW Maynard Road varies in width. The majority of the streetscape along NW Maynard road is 20 feet in width, which as proposed represents a 10-foot reduction from the standard 30-foot width.

 

J.  Traffic Analysis:

A traffic study was conducted by HNTB (06-TAR-208) in July 2006 with a build out year of 2009.  The following mitigations are identified in the traffic study analysis:

  • Site accesses #1, 3, 4 and 5 are all right-in/right-out.  The location of Site access #2 should be evaluated to ensure that it meets NCDOT median spacing guidelines for full access.
  • Construct a NB separate left turn lane and right turn lane at the site exit (Site Access #2) with at least 150 feet of driveway throat length for queue storage.
  • Construct a WB left-turn lane on NC 54 into Site Access #2 with at least 100 feet of storage.
  • A signal warrant analysis should be done within the first year of occupancy at the intersection of NC 54 and Site Access #2.  Pending the results of the warrant analysis, a signal installation may be required

Following the March Planning and Zoning Board discussion, staff re-evaluated the need for a right turn lane off of eastbound Chapel Hill Road into the main site driveway.  With three through lanes, the traffic study did not recommend a separate turn lane at this driveway to meet our APF requirements.  In addition, the combination of the through volumes and the projected turning volumes do not indicate that a separate turn lane is needed from a roadway design warrants standpoint.  Therefore, staff does not recommend a separate right turn lane although it may later be required by NCDOT.

 

There is a trip budget associated with this intersection that should be considered as well.

 

 

TOWN COUNCIL CRITERIA FOR CONSIDERATION IN REVIEWING MIXED USE SKETCH PLANS:

Proposed mixed use sketch plans shall be reviewed for compliance with the following approval criteria where deemed appropriate (i.e., it may not be practical for some existing or partially-built mixed use district to achieve certain design standards).

 

Section 4.4.2 (J) of the Land Development Ordinance sets forth the following criteria that the Town Council should consider in reviewing mixed use sketch plans.

 

(1)        The mixed use sketch plan has been prepared consistent with the requirements of this Section and the Land Use Plan;

(2)        The mixed use sketch plan includes an appropriate mix of land uses for   

            the overall activity center, including residential, commercial, office, and institutional uses;

(3)        The mixed use sketch plan will meet or exceed Town design guidelines and other established Town standards;

(4)        The mixed use sketch plan includes medium- and higher-density housing;

(5)        The mixed use sketch plan includes some formal outdoor space for public use, such as a park, village green, or plaza; larger mixed use centers should include more such space than smaller centers; and

(6)        The mixed use sketch plan demonstrates that there has been participation by residents, property owners in the surrounding neighborhoods, and the Town, so that the proposed development responds specially to the unique conditions of the area.

 

STAFF OBSERVATIONS ON THE MIXED USE SKETCH PLAN

Staff has reviewed this proposal in regard to various Town plans and requirements and makes the following observations:

 

Consistency with the Adopted Land Use Plan

The subject site is located within the previously approved Northwoods West Mixed Use Overlay District and the NW Maynard Activity Center Land Use Plan. This mixed use center is designated as a Neighborhood Center. According to the Mixed Use Center Inventory, 141,075 square feet of commercial uses and 59,348 square feet of office uses, including churches, have been developed in the Northwoods West Neighborhood Mixed Use Center.

 

Staff’s evaluation of the request, as outlined above in the staff report, found the proposal to be consistent with the Comprehensive Plan.

 

Consistency with the Mixed Use Centers Design Guidelines

When reviewing a mixed use sketch plan (MUSP), Staff evaluates the MUSP with the 7 Design Principles: Create Human Scale; Create a Sense of Place; Connect Uses; Provide Transitions; Reduce Parking Impacts; Plan for Pedestrians, Bicyclists and Transit Users; and Provide Open Space.

 

Below is an analysis of the proposed Maynard Village MUSP in relation to the 7 Design Principles:

 

Create Human Scale

The buildings proposed along the “main street” are one and two story buildings, which is not overwhelming in scale. Elements such as plazas have been included to define pedestrian corridors along the main street.

 

Create a Sense of Place

The site offers outdoor seating areas and hardscape plazas for public use adjacent to some of the commercial and office buildings. The applicant has also proposed approximately 11 focal points, including one at the terminus of the main street adjacent to the residential building, and a public art location at the corner of Chapel Hill Road and NW Maynard Road . On the MUSP, the applicant has indicated that the focal point by the residential building could be a fountain or sculpture to tie in with other thematic features on the site and that the design of features will be reflective of architecture. Also, the applicant identified a public art location at the intersection of Chapel Hill and NW Maynard Roads. The applicant provided a note on the plan in reference to the corner of Chapel Hill and NW Maynard Roads. The note states that “walls/project id shall be designed in keeping with art or sculptural elements on corners of intersection (per discussion with Denise Dickens). Art to be reviewed and approved via site plan approval process and T.O.C. public art review process.”

 

Connect Uses

The Maynard Village MUSP proposes an access easement to be reserved for future connection to the Nancy Jones House. Also, sidewalks have been provided from both Chapel Hill and NW Maynard Roads to the project, as well as throughout the site, for pedestrians to access the site.

 

Provide Transitions

From the western property line, adjacent to the Nancy Jones House, the residential building is the closest building to the property line. The 24 unit residential building is approximately 140 feet from the western property line. The site then transitions and proposes two office buildings, and eventually commercial and other non-residential buildings. Also, an opaque buffer will be provided between the subject site and the Nancy Jones House to the west and the railroad to the south.

 

Reduce Parking Impacts

Most of the parking is situated towards the center of the proposed MUSP. Pedestrian connections have been designated through the parking lot so that it can be traversed. Also, the MUSP has stated in Note 3, that parking islands will be provided in accordance with the LDO requirements. Note 2 in the MUSP states that the parking will be hidden effectively with plant material to reduce the impact of the parking along NW Maynard Road. Where parking is provided along Chapel Hill Road, the applicant has mostly provided a 30-foot streetscape. There are some locations where a 20-foot streetscape is provided; however, in these areas, the MUSP typically shows only one row of parking spaces. A lower level parking garage has also been provided with office Building J to reduce the parking impacts.

 

Plan for Pedestrians, Bicyclists and Transit Users

Pedestrian connectivity is shown on the plan with sidewalks provided along NW Maynard and Chapel Hill Roads, as well as internally to the site. Pedestrian connections have been shown connecting all buildings in the site. Bicycle parking will be a site plan requirement. A bus stop shelter wi