Agenda & Minutes

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

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

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

1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)

a. Consideration of approval of the minutes of the regular town council meeting held on March 27, 2008; and the minutes of the financial policy work session held on March 25, 2008.

b. Consideration of the following appointments to the Zoning Board of Adjustment: move current alternate Robert Evans into regular member seat for the remainder of the term; appoint Madrica Lowery as regular member; appoint Barry Shuster to fill the alternate position vacated by Mr. Evans; and appoint Charles McDarris as Chair.

c. Consideration of correction and ratification of annexation ordinance 07-A-28 to correct typographical errors in the property owners’ names.

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-34, Evans Estate Phase II
Location: 160 feet north of the intersection of Anita Way and Evans Estates Drive
Current zoning: Residential 40 (R-40)
Requested zoning: Residential 12 Conditional Use (R-12-CU) to allow a maximum of 40 lots and specify minimum lot size
Acreage: 14.90 ±
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: unanimously recommended approval
Speaker: Mrs. Debra Grannan
Suggested council action: council may take action

b. REZONING 07-REZ-37, Cary Park Planned Development Amendment
Location: 3800 Cary Glen Boulevard
Request: PDD Amendment to replace residential use with park, recreation and open space uses
Acreage: 19.69 ±
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: unanimously recommended approval
Speaker: Mrs. Debra Grannan
Proposed council action: council may take action

3. Operations Committee, April 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)

a. Land Project Adjustments (FN08-06)
Committee unanimously recommended combining balances and resources remaining in the Open Space Utility Fund project and Land Acquisition Parks Project into a newly created general governmental project as follows:

(1) Appropriation of $261,569 from the Water Projects Fund Fund Balance to be transferred to the Parks Project Fund to cover previous land purchases in the land acquisition account.

(2) Recognition of $217,760 in PARTF grant funds and appropriating to the open space project within the Water Project Fund to cover previous land purchases in that project.

(3) Recognition of $62,510 in funds received from the sale of property and appropriating to the Parks Land Acquisition project within the Parks Project Fund to cover previous land purchases in that project.

(4) Appropriation of $16,985,117 from the Open Space Project in the Water Project Fund and $359,348 from the land acquisition project in the Parks Project Fund (based on the unspent sources listed above.

b. Additional Appropriation to Self-Insurance Fund (FN08-07)
Committee unanimously recommended recognizing $26,650 in small claims revenues and the appropriation of $100,000 from the small claims fund balance for a total appropriation of $126,650 to small claims fund expenditures.

c. Town Center Park PARTF Grant Conversion (PR08-23)
Committee unanimously recommended that staff pursue the conversion of a PARTF grant awarded for the purchase of 1.43 acres in the Town Center Park area to a replacement property in the future neighborhood park site at the corner of Louis Stephens Road and Morrisville Carpenter Road.

d. Budget Adjustment for Skate Cary Park (PR08-25)
Committee unanimously recommended the appropriation of $12,000 in Items for Resale for the Sk8-Cary Park and a corresponding increase in Retail Revenue of $18,000.

e. Chatham County Water Intake Agreement (PWUT08-25)
Committee unanimously recommended approval of Amendment No. 3 of the Water Intake Service Agreement with the Town of Apex and Chatham County.

f. Sale of Rain Barrels (PWUT08-26)
Committee unanimously recommended approval of an appropriation of $61,070 to the Water Conservation Division – Items for Resale for the purchase of rain barrels, with the recognition of offsetting revenues of $60,000 in Miscellaneous Revenue.

g. Litter Enforcement Pilot Program (PD08-016)
Committee unanimously recommended that the Town of Cary Police Department partner with Wake County for their pilot program for litter enforcement. Committee further recommended that funding of up to $3,000 offered by Wake County be recognized upon submission and placed in the Miscellaneous Revenue account and that $3,000 be added to the police overtime account budget.

h. Sponsorship Policy for Parks, Recreation and Cultural Resources (PR08-24)
Committee unanimously recommended the adoption of the Sponsorship Policy as the basis for a PRCR Sponsorship Program and directed staff to study more fully the consultant’s models to determine the most cost-effective method of implementation and to bring their recommendation back to Town Council.

i. Bid Award and Budget Adjustment Request for a Sprayground at Bartley Park (PR08-26)
Committee unanimously recommended awarding the bid for construction of a sprayground at Bartley Park to Carolina Recreation in the amount of $219,997.18. This award by Council represents a preliminary determination as to the qualification of the bidder. No legally binding acceptance of the bid or offer will occur until the Town has executed a written agreement. Committee further recommended the appropriation of $270,000 from Ritter Park Improvements (PR1060) to the Bartley Park Project (PR1074).

j. Council Staff Retreat Priorities and Action Items (AD08-015)
Committee unanimously recommended accepting this report and the priorities as set out at the retreat and outlined by the manager. Committee further unanimously recommended to direct staff to come back to council with an outline for a long-term strategic planning/visioning process for the Town that keeps citizens engaged and maintains meaningful communication with the community.

1. Presentation of a proclamation designating April 16, 2008 as Healthcare Decisions Day in the Town of Cary.

WHEREAS, Healthcare Decisions Day is designed to raise public awareness of the need to plan ahead for healthcare decisions related to end of life care and medical decision-making whenever patients are unable to speak for themselves and to encourage the specific use of advance directives to communicate these important healthcare decisions; and

WHEREAS, it is estimated that less than 50 percent of severely or terminally ill patients have an advance directive. It is likely that a significant reason for this low percentage is that there is both a lack of knowledge and considerable confusion in the public about advance directives; and

WHEREAS, one of the principle goals of Healthcare Decisions Day is to encourage hospitals, nursing homes, assisted living facilities, continuing care retirement communities, hospices, businesses, organizations, and spiritual communities to participate in a statewide effort to provide clear and consistent information to the public about advance directives, as well as to encourage citizens to enhance their knowledge related to advance directives; and

WHEREAS, the Life Decisions Coalition and other organizations throughout North Carolina have endorsed this event and are committed to educating the public about the importance of discussing healthcare choices and executing advance directives; and

WHEREAS, as a result of April 16, 2008, being recognized as Healthcare Decisions Day in North Carolina, more citizens will have conversations about their healthcare decisions and execute advance directives to make their wishes known. Fewer families and healthcare providers will have to struggle with making difficult healthcare decisions in the absence of guidance from their loved ones and patients.

NOW, THEREFORE, I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council, do hereby recognize April 16, 2008, as “HEALTHCARE DECISIONS DAY” in Cary, North Carolina, and I call this observance to the attention of all our citizens.

2. Presentation of a proclamation designating April 2008 as Donate Life Month in the Town of Cary.

WHEREAS, April has been designated as National Donate Life Month, in honor of the generosity of the American people who have donated organs, tissue, marrow and blood; and

WHEREAS, more than 95,000 people in the United States are currently awaiting organ transplant surgery, and approximately 16 people die each day because organs do not become available; and

WHEREAS, organ and tissue donors truly bestow the “gift of life”, as one donor can save or enhance the lives of as many as 50 people; and

WHEREAS, greater awareness and education about the need for organ and tissue donations is crucial in order to increase the number of names on the organ donor registry.

NOW, THEREFORE, I, Harold Weinbrecht, Jr., Mayor of the Town of Cary, North Carolina, on behalf of the Cary Town Council and in support of National Donate Life Month, do hereby proclaim April 2008 as Donate Life Month in the Town of Cary, North Carolina.

FURTHERMORE, I encourage Cary citizens to consider registering with the State's donor registry and to share this decision with family and friends.

Prepared by: Susan Moran, Public Information Officer, and Dr. Kevin Baker, Research Consultant

As part of the Town of Cary’s comprehensive communications program, consultants with BKL Research of Salem, Virginia collected data for Biennial 2008 – the sixth Town-sponsored citizen satisfaction survey focusing on the operations and services handled each day by the Town. Since its inception in 1998, the Town of Cary has been using its biennial survey to help provide guidance or where it can make improvements in its service to and services for citizens.

A total of 405 Cary households were randomly selected for the survey and interviewed by telephone from February 1-23, 2008. Just like Gallop, Nielsen, and other national and international pollsters, BKL utilized scientifically developed sampling techniques and statistical analysis that allow the survey results to be generalized over the entire population even though not everyone in Cary is called. The margin of error for the 2008 survey was +/- 5 percent.

At Council’s April 7^th meeting, Dr. Kevin Baker of BKL Research will make a short presentation on the survey’s key findings. The full report is attached to and incorporated herein as Exhibit.

As a follow-up to the survey, BKL will conduct several focus groups in April. These focus groups will probe specific issues from the survey in greater detail using citizen volunteers from the pool of the 2008 survey respondents. The Council will be provided with a Focus Group Report that includes the sessions’ findings as well as transcripts of the sessions.

Dr. Baker’s PowerPoint presentation is attached to and incorporated herein as Exhibit. He noted that this survey contains Cary’s highest marks in the 10-year history of this survey.

Mrs. Adcock asked about C-Tran improvement specificity. Dr. Baker stated there was no feedback. Public Information Officer Susan Moran stated she will add a question for the focus group.

1. REZONING 08-REZ-04, HATLEY REZONING
Location: 805 Rochelle Road and 1139 Evans Road
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Transitional Residential Conditional Use (TR-CU)
Acreage: 10.00 ±
Speaker: Mrs. Debra Grannan
Proposed council action: council may refer to the June 16, 2008 planning and zoning board meeting

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 10 acres, located at 805 Rochelle Road and 1139 Evans Road, from Residential 40 (R40) to Transitional Residential-Conditional Use (TR-CU).

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.

Applicant	Jerry Turner and Associates 905 Jones Franklin Road Raleigh, NC 27606 (919) 851-7150
Agent	Glenda Toppe
Acreage	10.00 ±
General Location	Portions of 805 Rochelle Road and 1139 Evans Road
Hearings / Meetings	*Public Hearing* April 7, 2008	*Planning & Zoning* June 16, 2008	*Town Council* July 24, 2008
Land Use Designation	Low Density Residential (LDR)
Town Limits	Both properties are located inside Cary’s ETJ; however, 9.31 acres belonging to Lucy Rochelle and Ludell Rochelle Hatley is not currently within the Town limits.
Annexation	Will be required at the time of site plan approval
Valid Protest	To be determined by the time of public hearing
P&Z Recommendation	To be provided after the Planning and Zoning Board Meeting
Existing Use	Vacant & Single Family Residential
Proposed Use	Single Family Residential
Final Council Action	To be provided after the Town Council Meeting
Staff Contact	Debra Grannan, Senior Planner Mailing Address: PO Box 8005 Cary, NC 27512 (919) 460-4980 Debra.grannan@townofcary.org

A. Land Use Plan: This rezoning request conforms to the adopted Land Use Plan. As per the Town’s Comprehensive Plan, the land use designation for the subject parcels is Low Density Residential (LDR). Low Density Residential (LDR) development typically describes single family detached housing at 1 to 3 units per acre.

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

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

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

3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space.

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

1. 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 between 60% and 80% of area median income and affordable apartments for individuals and families earning up to 60% of the area median income.

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

Traffic Analysis: The current R-40 zoning would generate 11 PM trips. The proposed CU zoning of 3 du/acre would generate would generate 31 PM trips, a 20 trips increase. Under our current LDO of 50 peak hour trips, no traffic study would be required for rezoning or site plan.

According to the approved Parks, Recreation and 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. According to the Open Space and Historic Resources Plan (OSHRP), this site has mixed hardwood and conifer forests on site, and was proposed for conservation as open space.

The proposed project is in the rezoning stage and therefore preliminary engineering of the site has not been provided to staff for review. 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.

According to the Town of Cary GIS maps, the subject property is impacted by an urban transition buffer. Field determination of the exact buffer location will 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.

According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 30’ Type “B” Buffer along the adjacent properties to the south and west of the subject property. This is based on the proposed Class 3 land use for single-family detached dwellings on lots less than 8,000 square feet proposed adjacent to existing Class two land Uses (single family detached lots on lots 8,000 square feet or larger.)

According to Chapter 7 of the Land Development Ordinance, the applicant will be required to provide a 50’ Streetscape along Evans Road. Rochelle Road is a minor collector road, and will not require a Streetscape.

*Density Limit based on proposed zoning condition. Density limit for TR zoning per the Land Development Ordinance is 6 dwelling units per acre.

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

The school information is being provided for your review; however, the Wake County

School Information
Assigned Schools	20^th Day Enrollment*	Permanent Seat Capacity	Average Percent Occupied	Projected Range of Additional Students**
Northwoods Elementary	607	591	103%	9 - 13
West Cary Middle	1362	1380	99%	2 to 5
Panther Creek High School	1496	1663	90%	3 to 6
Cary High School	1890	2217	85%
Total Projected range of additional students				14 - 24

* Current Enrollment and Building Capacity is based on the 20^th day of the school year for 2007-2008 as 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 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 30 three-bedroom homes could yield 14 additional students, while 30 homes with greater than three bedroom units could yield 24. 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 (February 28, 2008) Part 6A:

The following statements are provided by the applicant (shown below in italics) in response to the criteria established in the application (shown below in bold) 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:

1. Any issues with the size of the tract? The size of the tract is conducive to the use being proposed

2. How is the request compatible with the comprehensive plan (i.e. Land Use, Transportation, Open Space and Historic Resources)? The Comprehensive Plan designates this tract for low density residential. The proposed rezoning is for low density residential. The conditions of the rezoning ensures low density residential development.

3. What are the benefits and detriments to the owner, neighbors and the community? The proposed rezoning is in conformance with the comprehensive plan. The proposed development will be similar to the surrounding development. The infrastructure is in place to support the proposed development.

4. How are the allowable uses with the proposed rezoning compatible with, or how do they relate to, the uses currently present on adjacent tracts? The allowable uses are compatible with the uses on adjacent tracts.

5. What reductions/amendments and/or modifications to the development standards of the LDO are being requested and how are they justified? (PDD, new or amended) Applicants must list these items and/or clearly highlight them within the Planned Development document.

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 10 ACRES LOCATED AT 805 ROCHELLE ROAD AND 1139 EVANS ROAD OWNED BY LUCY A. ROCHELLE & LUDELLE ROCHELLE HATLEY, FROM RESIDENTIAL 40 (R40) TO TRANSITIONAL RESIDENTIAL CONDITIONAL USE (TR-CU).

Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:

PARCEL & OWNER INFORMATION
Property Owner(s)	County Parcel Number(s) (10 digit)	Real Estate ID(s)	Area (Acres)
Hatley, Ludelle Rochelle PO Box 492 Cary, NC 27512-0492	0764097829 (portion of)	0099237 (portion of)	0.69 ±
Rochelle, Lucy A Hatley, Ludelle Rochelle 315 Martin Luther King Jr. Blvd Raleigh, NC 27601-2361	0765003280 (portion of)	0060752 (portion of)	9.31 ±
Total Acres			10.00 ±

Section 2: That this Property is rezoned from Residential 40 (R40) to Transitional Residential Conditional Use (TR-CU) 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) Maximum density shall be limited to three (3) dwelling units per acre and 2) use shall be limited to single-family detached dwelling units.

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.

Staff’s PowerPoint presentation is attached to and incorporated herein as Exhibit.

Mrs. Glenda Toppe, the applicant on behalf of the property owner, stated the conditions ensure the use will be single family, which is compatible with the comprehensive plan. She stated they met with surrounding property owners, and the request was well received. She stated information was also posted on the Silverton Web Site. She believes this is in keeping with vision of the area.

Mr. Tom Hemrick, a Silverton resident, stated Jerry Turner and Associates has historically done a great job with development, and they listen to and act on the concerns of the adjacent residents. He stated they have ensured compatibility with this well thought out plan. He supports this proposal.

Mr. Jeff Cox, a Silverton resident, stated he supports this proposal. He asked that the 30-foot Type B buffer remain. He stated stormwater retention is an issue along New Rail Drive near the Silverton Lake, and he wants to ensure that this development does not adversely impact these homeowners. He stated the developer intends to clear-cut the areas for roads, stormwater management, etc., and they have indicated they will not clear-cut the entire parcel. He asked that the developer improve Rochelle Drive with sidewalk instead of doing this in two different phases, which will minimize the impact to homeowners.

Ms. Liz Adams, a Silverton resident, stated she supports the plan and wants to ensure the buffers are preserved as much as possible. She stated a watershed study was commissioned by the Town for this area, and she asked the Town and the developer to come up with stormwater measures so downstream properties are not impacted by this development.

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)

Operations Committee, April 3, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

1. U.S. Mayors Climate Protection Agreement (AD08-012)
Committee was divided on whether or not Cary should become a signatory to the U.S. Mayors Climate Protection Agreement. Ms. Robison was in favor stating that it shows that the U.S. holds itself accountable on a global level, adding that it could be employed by the Town selectively to change the way energy is used. Mr. Frantz observed that many of the measures are already in place, and added that he supported making changes but does not support the Kyoto Protocol, which the Mayor’s Climate Protection Agreement fully supports. Mr. Smith agreed that the Town is already taking the initiative in reducing greenhouse gas emissions, but did not think it necessary that the Town pursue legislation regarding the agreement.

Consideration of becoming a signatory to the U.S. Mayors Climate Protection Agreement

At its March 3 meeting, the Operations Committee requested that staff provide additional information about the U.S. Mayors Climate Protection Agreement.

Under the U.S. Mayors Climate Protection Agreement, participating cities commit to take the following actions:

2. Urge their state governments, and the federal government, to enact policies and programs to meet or beat the greenhouse gas emission reduction target suggested for the United States in the Kyoto Protocol -- 7% reduction from 1990 levels by 2012; and

3. Strive to meet or beat the Kyoto Protocol targets in their own communities, through actions such as:

Across the country, over 800 local governments have signed onto this agreement, including 32 in North Carolina.

It should be noted that the Town is already active in a number of these areas, particularly land use regulations, open space, transportation options, pump efficiency, recycling and tree planting. Signing the agreement does not require any specific actions but commits the Town to striving toward the goal of greenhouse gas emission reductions.

Fiscal Impact: There is no direct cost to signing the agreement. There will be costs associated with specific action items that take place as a result of the agreement. Those costs will be assessed as proposed actions are brought forward for Council approval.