|
DRAFT Contact the town clerk at 919-469-4011 for official minutes.
Cary Town Council Minutes Thursday, March 27, 2008 6:30 p.m.
Council Chambers Click on links within this document to view full text minutes.
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)
Mayor Weinbrecht called the meeting to order at 6:30 p.m. ________________________
2. Ceremonial Opening (Mr. Don Frantz)
Mr. Frantz provided the ceremonial opening. ________________________
3. Adoption of agenda (Town Council)
Mr. Weinbrecht stated staff received a request from the applicant’s representative to remove agenda item B.3.f., waivers for road improvements for the Richard Drive mixed use development, from this agenda; the applicant will advise staff when they are prepared to bring this issue before council.
ACTION: Mr. Portman moved to adopt the agenda with the removal of agenda item B.3.f., waivers for road improvements for the Richard Drive mixed use development. Mrs. Robison provided the second, and council granted unanimous approval.
_________________________
B. CONSENT AGENDA
Council pulled item B.3.a., Waiver for Road Improvements for Bradford Development (Site Plan 07-SP-114) (EN08-081), from the consent agenda for discussion. Refer to item G.1.
ACTION: Mrs. Adcock moved to approve the consent agenda; Mr. Frantz provided the second; council granted unanimous approval.
1. Regular Consent Agenda (click on this link to view the full text minutes of the regular consent agenda)
a. Consideration of approval of the minutes of the regular town council meeting held on March 13, 2008; and the minutes from the Essentials of Municipal Government program held on March 5-7, 2008.
b. Consideration of approval of the February and March 2008 tax reports.
c. Consideration of amendments to Policy 143, Rules of Procedures for the Cary Town Council.
d. 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 PETITION
07-A-05
(2) ANNEXATION PETITION
07-A-30 2. Land Development Consent Agenda (click on this link for full text minutes of the land development consent agenda) a. White Oak Creek Project at Green Level West Road
(1) ANNEXATION PETITION
07-A-02
(2) REZONING
07-REZ-31 b. White Oak Creek Project at Green Level Church Road
(1) ANNEXATION PETITION
07-A-03
(2) REZONING
07-REZ-32 3. Planning and Development Committee, March 20, 2008 (click on this link to view the full text minutes of the planning and development committee consent agenda)
b.
Regulating Demolition of Historic Structures (PL08-026)
c.
Land Development Ordinance (LDO)
Text Amendments (Round 10) (PL08-027)
d.
Consent for the Relocation of
Graves (PL08-028)
e.
Alston Activity Center Concept
Plan Re-Evaluation (PL08-029)
g.
Comprehensive Transportation
Plan Work Session Follow-up (PL08-024)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Presentation of a proclamation declaring April 2008 as Autism Awareness Month in the Town of Cary.
DESIGNATING APRIL 2008 AS AUTISM AWARENESS MONTH IN CARY
WHEREAS, autism is one of the fastest growing bio-neurological developmental disabilities in the world, which impacts a person’s ability to communicate effectively and interact with other people; and
WHEREAS, autism affects 1 in every 150 children in the United States, and over 1.5 million Americans have some form of autism; and
WHEREAS, while there is no cure for autism, significant progress has been made in the last 30 years in the areas of research, medicine, diagnostic issues and therapies; and
WHEREAS, with early diagnosis and intervention and appropriate services and support, individuals with autism can lead distinguished, productive lives in their communities and strive to reach their fullest potential; and
WHEREAS, the Town of Cary supports increasing awareness of this challenging disability, and the annual national observance of Autism Awareness Month serves to educate families, professionals, and the general public to better understand this lifelong disability; and
WHEREAS, April 2, 2008 has been designated as World Autism Day, which is a global effort to increase autism awareness.
NOW, THEREFORE, I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council, do hereby proclaim April 2008 as Autism Awareness Month in Cary, North Carolina and I encourage all citizens to work together to become better educated and develop a greater understanding of autism and the affects it has on individuals and families, including families in our own community. PROCLAIMED this 27th day of March, 2008.
Mrs. Adcock presented the proclamation.
________________________
2. Recognition of outgoing board/commission members.
Council liaisons recognized outgoing board/commission members.
________________________
D. PUBLIC SPEAKS OUT (one hour time limit)
No one spoke. ________________________
E. PUBLIC HEARINGS (click on this link for full text minutes of all public hearings) 1. IMPACT FEE PUBLIC HEARING a. Consideration of a proposal to adjust impact fees to 75% of their maximum levels with future small annual increases. Council may take action. b. Consideration of amendments to the Land Development Ordinance pertaining to the transportation development fee section. Council may refer this item to the April 28, 2008 planning and zoning board meeting. 2. Del Salto Property Development:
a. ANNEXATION
07-A-26
b. REZONING
07-REZ-20, Del Salto Property
3. Public hearings on the following annexation resolutions of intent and petitions:
a. ANNEXATION
07-A-01
b. ANNEXATION
07-A-04
c.
ANNEXATION
07-A-06
d.
ANNEXATION
07-A-07
e.
ANNEXATION
07-A-12
f.
ANNEXATION
07-A-32
________________________
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)
N/A
________________________
G. COMMITTEE REPORTS (discussion items)
Planning and Development Committee, March 20, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Robinson)
1.
Waiver for Road Improvements for Bradford
Development (Site Plan 07-SP-114) (EN08-081) STAFF REPORT Planning and Development Committee, March 20, 2008
Waiver for Road Improvements for Bradford Development (Site Plan 07-SP-114) (EN08-081) Consideration of a request for a waiver for roadway improvements for the proposed Bradford Development (formerly known as both Cornerstone and Park Place) Speaker: Ms. Laura Cove
From: Tim Bailey, PE, Director of Engineering Prepared by: Laura Cove, PE, Traffic Engineering Manager Approved by: William B. Coleman, Jr., Town Manager Approved by: Benjamin T. Shivar, Assistant Town Manager
Background A mixed use development is being proposed for construction on the northeastern quadrant of the intersection of Davis Drive and High House Road. A mixed use sketch plan (06-MU-07) was undertaken for this development and was called Cornerstone at that time. The site plan was originally submitted under the name of Park Place (07-SP-114) but has recently been changed to Bradford. The current site plan for the development includes 390 residential units and up to 170,000 square feet of non-residential development. In accordance with our Adequate Public Facilities for Roads Ordinance (APFR), Section 3.23, a traffic study (07-TAR-231a) was conducted by SEPI Engineering Group. The applicant had originally proposed 200,000 sf of shopping center use, 50,000 sf of office use and 450 condominium type residential units and a build out year proposed to be 2010. These assumptions were analyzed in the traffic study. The traffic study identified the following mitigations:
Mr. Pat O’Toole, PE of Withers & Ravenel has requested a waiver of the road improvements identified under item 2 above. Mr. O’Toole indicated that the applicant intends to make all the other improvements identified in the traffic study. He also noted that the currently proposed development includes less development than was analyzed in the traffic study. With regard to item 2, the waiver is requested in accordance with Section 3.23.5.(D)(1) of the LDO. This section states that a waiver could be granted as the intersection configuration already meets the intent of the Thoroughfare Plan and the continued road widening would alter the aesthetic value of the intersection and thus potentially have a negative impact on the community.
Fiscal Impact: The traffic study identifies that the intersection of Cary Parkway and High House Road as analyzed in the traffic study in 2006 was operating at a Level of Service of “F” in the AM and an “E” in the PM. Without the addition of site traffic, the intersection Level of Service is projected to degrade further in the AM and degrade to an “F” in the PM in the build year of 2010. Previous waivers of improvements at this intersection have been granted in the past for similar reasons as identified above, however, it should be noted that at some point in the future, the Town may have to undertake a larger project to improve the Level of Service at this intersection.
Staff Recommendation: Staff recommends granting the waiver as requested for the 300’ southbound right-turn lane on Cary Parkway at the intersection of High House Road and Cary Parkway. The intersection configuration meets the intent of the Thoroughfare Plan and is enhanced with landscaping, walls and other aesthetic features. As noted above, waivers have been granted in the past for this reason, but granting of this waiver should not set a precedent for future decisions.
Mayor Weinbrecht stated one waiver is Cary Parkway and High House Road going away from Morrisville and would require removing sidewalk, trees, etc. He asked who would pay for the reconstruction of the removed infrastructure if council required it. Mr. Bailey, engineering director, stated all would be required of the developer, but it would be eligible for free credits and would be reimbursed through the fee system, so ultimately Town funds would cover the cost.
Mrs. Robison stated this is the Cornerstone project, which is in litigation; she asked why the Town would not hold this until the legal issues are resolved. Ms. Cove of the engineering staff stated staff is in its second review of the site plan. Town Attorney Simpson stated there has been no hold or stay on development, and the developer is entitled to move forward.
Mr. Portman stated this is currently a very attractive intersection. Mrs. Robinson stated council has informally directed staff not to destroy this intersection. She stated the transportation plan update in process now includes alternatives, and staff recommends Alternate 1, a design-based approach, which means that requirements are required until the intersection achieves the level it is designed to accommodate. She stated this particular intersection is at its design level. She stated after it meets its design criteria, then no more upgrades would be done. She stated the council will conduct a work session in the near future on the transportation plan update.
Mrs. Robinson stated a committee of engineers has been formed as part of the Regional Transportation Alliance, and they are doing an exercise on the best intersections in the area to help address problem intersections with innovative ways to move traffic. She stated this exercise is scheduled for April, and she encouraged the council to attend. She stated there may be additional solutions to address this intersection, and she thinks the best approach is to consider all options and find a solution that maintains the aesthetics, the sense of community and still moves traffic.
Mr. Frantz stated the Town will ultimately pay for the intersection improvements. He stated fairness should be considered, because the council has waived intersection improvements in this area for other developments.
Mrs. Adcock thinks the real issue is what is happening at the time. She stated the intersection is already an F level of service, and although she understands the aesthetics issue, she is not sure that people will appreciate the aesthetics if they are sitting in traffic for prolonged periods of time.
Mrs. Robinson stated it is important to look at the land use plan and modify it if the council is not happy with the condition of the current and future road networks.
Mrs. Robinson stated there were a couple of different traffic studies performed, and she asked which study the mitigation is based upon. Ms. Cove stated mitigation is based on the comprehensive traffic study that the Town undertook.
ACTION: Mrs. Robison moved to deny staff’s recommendation to grant a waiver as requested for the intersection at Cary Parkway and High House Road. Mrs. Adcock provided the second.
Mrs. Robinson stated the implication of this motion is ripping up the intersection, and she is not confident that this is the best solution.
Mayor Weinbrecht asked if not granting the waiver means they will rip up the intersection. Mr. Bailey replied affirmatively. Mrs. Adcock asked the timeline. Mr. Bailey stated staff tries to get the majority of road improvements in with any development prior to the first certificate of occupancy so the improvements occur in advance of the traffic. He stated occasionally in the event of hardship the staff will secure financial guarantees and will accept the improvements later in the process.
Mrs. Robison stated this will be covered by fee credits; she asked if we can stipulate that the intersection will be handled by the Town when the design decision is taken. Mr. Bailey stated that would be just like granting a waiver.
Mr. Portman asked if the Town has the opportunity to review the plan if the waiver is not granted. Mr. Bailey stated the Town and the Department of Transportation would review the plan. Mr. Portman asked if the council could grant a waiver from the improvements at the time of plan review if the plan was unacceptable. Mr. Bailey stated council has in the past approved two waivers at this intersection for a right turn lane, and staff already knows the improvements will take out the sidewalk, the column, part of the circular sign, move all the street lights back and adjust the grades in front of the bank. He stated these improvements can be done, but they have impacts on some of the landscape and hardscape already built at the intersection.
Mr. Portman suggested tabling this issue until the next meeting to give council the opportunity to discuss the aesthetic issue with staff before taking action.
Mrs. Adcock asked if the council considered the aesthetic impacts of these improvements when the rezoning was approved. Mr. Bailey stated waivers must come to council when the site plan is being considered and not with the rezoning. Mrs. Adcock asked why the improvements were included in the mitigated factors as part of the rezoning process if they are not acceptable today with the site plan. Mr. Bailey stated it was in list of traffic improvements required. He stated with any land use approval the ordinance does not allow at that time to eliminate the improvement requirements; he stated the waiver process comes with the site plan.
ACTION: Vote was called for on the motion to deny the waiver. Mr. Portman, Mrs. Robison, Mayor Weinbrecht and Mrs. Adcock voted in favor of the motion to deny the waiver. Mr. Smith, Mrs. Robinson and Mr. Frantz voted against the motion to deny the waiver. The motion to deny the waiver carried by majority vote.
Mrs. Robinson clarified that council has voted to expand the intersection in spite of the fact that staff is seeking alternatives to improve this intersection. Mrs. Adcock sees the effect of the motion as providing council more time to review alternate solutions.
Mrs. Robinson asked what will happen if staff comes back with an alternative solution to moving traffic through this intersection. Mr. Bailey thinks it would require another waiver request based on the alternate solution, and it would require council action.
________________________
H. OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)
N/A
________________________
I. CLOSED SESSION
ACTION: At 9:57 p.m., Mrs. Adcock moved for closed session for the following purpose, which was seconded by Mrs. Robison and unanimously approved by council:
PURSUANT TO G.S. 143-318.11(A) (3), CLOSED SESSION IS NEEDED FOR THE FOLLOWING PURPOSE(S)
1. CONSULT WITH ATTORNEYS EMPLOYED BY AND/OR RETAINED BY THE TOWN IN ORDER TO PRESERVE THE ATTORNEY-CLIENT PRIVILEGE BETWEEN THE ATTORNEYS AND THE TOWN. AMONG OTHER THINGS, THE COUNCIL EXPECTS TO RECEIVE ADVICE CONCERNING THE CARY CREEK LIMITED PARTNERSHIP V. TOWN OF CARY LAWSUIT AND APPEAL.
________________________
J. ADJOURNMENT
ACTION: At 10:37 p.m., Mr. Smith moved to adjourn, Mrs. Adcock provided the second, and council granted unanimous approval. (Mrs. Robinson and Mr. Portman were not in the room and were not excused from voting; therefore, the minutes record an “aye” vote for both of them.)
Please contact
the Cary Town Clerk with any questions about these draft minutes. The e-mail
address is
sue.rowland@townofcary.org, and the
phone number is |