Cary Town Council Minutes

Thursday, April 24, 2008

6:30 PM

Council Chambers

316 N. Academy Street, Cary, N.C.

 

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 (Mrs. Robinson)

 

Mrs. Robinson provided the ceremonial opening.

 

_________________________

 

3.   Adoption of agenda (Town Council)

 

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

 

_________________________

 

B.   CONSENT AGENDA

 

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

 

a.   Consideration of approval of the minutes of the regular town council meeting held on April 7, 2008. (Town Council)

 

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

 

_________________________

 

b.   Consideration of approval of the April 2008 tax report. (Mr. Bill Coleman)

 

The Wake County Board of Commissioners, in regular session on April 9, 2008, approved and accepted the enclosed tax report for the Town of Cary.

 

It is hereby submitted for your approval.

 

Refunds of taxes, interest and penalties

$2435.70

Relief of late list penalty

1

Relief of late filed application

0

Non-cash rebates

342

 

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

 

_________________________

 

c.   Consideration of appointment of Carla Sadtler as the extra-territorial jurisdiction member of the Planning and Zoning Board. (Mr. Portman)

 

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

 

(NOTE: The council’s appointment will be forwarded to the Wake County Board of Commissioners for their approval.)

 

_________________________

 

d.   Consideration of appointment of Julie Robison as the council liaison to the newly created environmental board. (Mayor Weinbrecht)

 

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

 

_________________________

 

e.   Consideration of appointment of Jack Smith and Ervin Portman as regular members and Don Frantz as an alternate member to the Wake County Growth Issues Task Force. (Mayor Weinbrecht)

 

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

 

_________________________

 

2.   Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)

 

a.   Park at West Lake Development

 

(1)  ANNEXATION 07-A-31
Property owner:
L and L of Raleigh, Inc.
Location: Park at West Lake, 2,620 feet west of intersection of West Lake Road and Serene Forest Drive
Acreage: 6.92 plus 3.82 acres of right-of-way
Zoning: Residential-20 Conditional Use District Wake County (R-20 CUD W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Residential Subdivision
Associated Rezoning Case: 07-REZ-38 (Park at West Lake)
Associated Development Plan:
Park at West Lake 
Speaker:
Ms. Jennifer Currin
Proposed council action:
council may take action

 

Annexation Petition Number:   07-A-31

 

Property Addresses:   5200, 5201, 5204, 5205, 5208, 5209, 5212, 5213, 5216, 5217, 5220, 5221, 5224, 5225, 5228, 5232 Roswellcrest Court; 5200 Greymoss Lane; 7001, 7005, 7009, 7013, 7017, 7021, 7025, 7029, 7037, 7041, 7045, 7049 Dayton Ridge Drive

 

Wake County Parcel Numbers:  0679042196, 0679041197, 0679041106, 0679040114, 0669949132, 0669948131, 0669947114, 0669945303, 0669946332, 0669947331, 0669948320, 0669949320, 0679040311, 0679040393, 0679041385, 0679042376, 0679034106, 0679033253, 0679033238, 0679033323, 0679033318, 0679033413, 0679033419, 0679033504, 0679033605, 0679033701, 0679033707, 0679032892, 0679032999

 

Real ID Numbers:   0364134, 0364135, 0364136, 0364137, 0364138, 0364139, 0364140, 0364125, 0364126, 0364127, 0364128, 0364129, 0364130, 0364131, 0364132, 0364133, 0364122, 0364121, 0364120, 0364119, 0364118, 0364117, 0364116, 0364115, 0364114, 0364113, 0364111, 0364112, 0364123

 

Petition Date:   1/2/2008               

Proposed Effective Date:   10/24/2008

 

OWNERS:
L and L of Raleigh, Inc.

2301 Stonehenge Drive, Suite 107

Raleigh, NC 27615

 

LOCATION:   Park @ West Lake-2,620 feet west of intersectino of West Lake Road and Serene Forest Drive

 

ZONING & PROPOSED USE:

Current Zoning:   Residential 30 Wake (R-30W) 

Acreage:   6.92 plus 3.82 adjacent right of way = 10.74 total deeded acres

Contiguous to Primary Corporate Limits:   Yes

% Contiguity (excluding satellite town limits):   47.50%

Existing Use:  Vacant

Proposed Use:   Residential Subdivision            

Associated Rezoning Case:    07-REZ-38 (Park @ West Lake)  
Associated Development Plan:  
Park @ West Lake    

 

UTILITIES:

Water:    700 feet east                          

Sewer:   On Site  

 

DISTRICTS & TAX VALUE:
Fire District:  
Fairview                                                 

Voting District:  C

Tax Value:    $1,420,000

 

MEETINGS:

Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:   1/24/2008

Staff Recommendation:       Forward to public hearing on 2/28/2008

Action:       Forwarded to public hearing on 2/28/2008

 

Town Council – Public Hearing:   2/28/2008

Staff Recommendation:  Adoption with an effective date concurrent with final rezoning case action

Action:  Public hearing opened and closed; Staff directed to add case to 4/24/2008 agenda for ordinance adoption

 

Town CouncilOrdinance Adoption:  4/24/2008

Staff Recommendation   Adoption with an effective date of 10/24/2008

 

The document that Council will consider for adoption at this meeting follows:

 

07-A-31

 

AN ORDINANCE ANNEXING LANDS CONTIGUOUS TO THE MUNICIPAL BOUNDARIES OF THE TOWN OF CARY

 

WHEREAS, on 1/2/2008, the Town Council has been petitioned under G.S. 160A-31 to annex the area described below:

 

L and L of Raleigh, Inc.; Wake County Parcel Numbers:  0679042196, 0679041197, 0679041106, 0679040114, 0669949132, 0669948131, 0669947114, 0669945303, 0669946332, 0669947331, 0669948320, 0669949320, 0679040311, 0679040393, 0679041385, 0679042376, 0679034106, 0679033253, 0679033238, 0679033323, 0679033318, 0679033413, 0679033419, 0679033504, 0679033605, 0679033701, 0679033707, 0679032892, 0679032999;
including 6.92 acres, plus 3.82 acres of adjacent right-of-way; which are Contiguous to the existing municipal limits of the Town of Cary; and

 

WHEREAS, on 1/24/2008, the Town Clerk of the Town of Cary certified the sufficiency of said Petition, the same being duly made after investigation; and

 

WHEREAS, on 1/24/2008, the Town Council of the Town of Cary ordered a public hearing on the question of said annexation and Notice of a Public Hearing was published in the newspaper of general circulation as required by law; and

 

WHEREAS, the matter came for public hearing before the Town Council of the Town of Cary on 2/28/2008, at which time all persons opposed and all persons in favor of said annexation were allowed to be heard; and

 

WHEREAS, the Petition above mentioned meets all the requirements of G.S. 160A-31.

 

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Cary, North Carolina that:

 

Section 1.  The area described in the petition and depicted on the attached map, is hereby annexed to and made a part of the Town of Cary, effective on 10/24/2008 with a condition that the property owner connect to the Town of Cary sewer/water line based upon the Town’s policy(ies) in place on the effective date of this ordinance.  A map and description of the annexed area are on file in the Planning Department, Cary Town Hall.

 

LEGAL DESCRIPTION

(See PIN numbers above)

 

Section 2.  That from and after the effective date of this ordinance, the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in the Town of Cary, and shall be entitled to the same privileges and benefits as other parts of the municipality. Said annexed territory shall be subjected to municipal taxes according to G.S. 160A-58.10.

 

Section 3.  The Mayor of the Town of Cary shall cause an accurate map of the newly annexed territory together with a copy of this ordinance, duly certified, to be recorded in the Office of the Register of Deeds of Wake County and in the Office of the Secretary of State of North Carolina.

 

Section 4.  Pursuant of G.S. 160A-22, the Town Clerk is directed to update the Official Town Map by drawing in the territory annexed, or setting out the boundaries in a written description, or showing the current Town boundaries by a combination of these techniques.  Such a map shall also be delivered to the Wake County Board of Elections as required by G.S. 163-288.1.

 

Section 5.  Pursuant of G.S. 160A-23, the boundaries of Electoral District C are hereby revised to account for and include the territory annexed, and the Official Town Map of Electoral Wards is hereby amended to include the annexed territory in the said Electoral District.

 

Adopted on 4/24/2008.

 

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

 

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

 

_________________________

 

(2)  REZONING 07-REZ-38, Park at West Lake
Location:
Southwest of the Serene Forest Drive and Dayton Ridge Drive intersection
Current zoning: Residential-20 Conditional Use District Wake County (R-20 CUD W)
Proposed Zoning: Residential-8 (R-8) and Transitional Residential (TR)
Acreage: 10.74 ±
Speaker: Ms. Jennifer Currin
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: unanimous recommendation to approve
Proposed council action: council may take action

 

Request

 

The applicant is requesting Town Council approve an Ordinance to amend the official zoning map of the Town of Cary for approximately 10.74 acres located southwest of the Serene Forest Drive and Dayton Ridge Drive intersection, from Residential-20 Conditional Use District Wake County (R-20 CUD W) to Residential-8 (R-8) and Transitional Residential (TR).

 

The Town is proposing initial zoning for this property, which is associated with a citizen-initiated annexation request. The reason for this proposed initial zoning is that the property is currently under a Wake County zoning district (Residential-20 CUD W).  Upon annexation into the Town, the zoning of the property must be changed to Cary zoning districts (in this case, the proposed Residential-8 and Transitional Residential). Because this property is already developed and/or within an existing subdivision approved by Wake County, the proposed R-8 and TR zoning districts are the most comparable to the existing use of the property. 

 

In 2002, the Council approved the development of the 353 acre parent parcel with Town utilities without annexation and allowed subdivision approval through the Wake County Residential-30 zoning district cluster option.  Due to State law requirements, the Town was unable to accept a citizen-initiated annexation petition at that time because the property was closer to Holly Spring's corporate limits.  In 2003, a Holly Springs/Cary Utility Service Agreement was adopted which allowed this property to be annexed and to establish a compatible Cary zoning district.  The developer of this Wake County subdivision agreed to annex based on subdivision plat boundaries.   

 

The purpose of a rezoning is to evaluate the appropriateness of a proposed land use for the subject parcel(s) of land.  Specific development requirements related to the technical aspects of land development, such as access, stormwater management, road improvements, utility line placement, road connectivity and landscape plantings, are not considered during the rezoning process.  However, all of these development issues must be addressed for compliance with existing requirements specified in the Land Development Ordinance (LDO) when the site or subdivision plan is submitted. 

 

Background Information

 

Applicant

Town of Cary

Agent

Town of Cary

P.O. Box 8005

Cary, NC 27512

Acreage

10.74 ±

General Location

Southwest of the Serene Forest Drive and Dayton Ridge Drive intersection

Hearings / Meetings

Public Hearing

February 28, 2008

Planning & Zoning

March 17, 2008

Town Council

April 24, 2008

Land Use Designation

Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster

Town Limits

The subject site is located outside of the ETJ.

Annexation

A voluntary annexation petition, 07-A-31, has been submitted by the property owner in conjunction with this rezoning request

Valid Protest

Protest petitions are not applicable to a map amendment (rezoning) that initially zones property that is being added to the Town’s jurisdiction by annexation

P&Z Recommendation

Forward to Town Council with a recommendation for approval 7-0

Existing Use

Single Family Detached Residences and Vacant (However, the vacant land was approved on a subdivision plan through Wake County for single family detached residences)

Proposed Use

Detached Single Family Residences

Final Council Action

To be provided after the Town Council Meeting

Staff Contact

Jennifer Currin, Planner II

Email: jennifer.currin@townofcary.org

Phone: (919) 469-4342

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

 

Public Notification: On February 11, 2008, notices were mailed to property owners within 400 feet of the subject property.  In addition, notification consistent with General Statutes was present in the Cary News on February 13 and 20, 2008.

 

Feedback at the Town Council Public Hearing:  No citizens spoke at the public hearing. There were no questions or comments from Council members.

 

Changes Since the Town Council Public Hearing:  None

 

summary

 

Staff has reviewed the application and information provided prior to this meeting, and the analysis of Staff is that it is consistent with the Goals and Objectives of the Comprehensive Plan, the Land Development Ordinance and is reasonable and in the public interest. The requested initial zonings of Transitional Residential (TR) and Residential-8 (R-8) are compatible with the Wake County Residential-20 CUD (R-20 CUD W) zoning district.

 

The applicant has submitted the following proposed zoning conditions: None

 

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 March 17, 2008 and voted 7-0 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.

 

Changes since the Planning and Zoning Board Meeting:  None

 

Consistency with the Comprehensive Plan

 

A. Land Use Plan:  The Land Use Plan designation is Very Low Density Residential (VLDR) or Low Density Residential (LDR) Cluster. The property was developed in Wake County under their cluster option, and is therefore consistent with the Land Use Plan.

 

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

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

2.       A2 Guiding Principle: Ensure that the overall amount of development in Cary is consistent with the Town’s growth management goals.

 

C.  Affordable Housing Plan: The Affordable Housing Plan is not applicable.

 

D.  Comprehensive Transportation Plan: 
Existing Section:  Local residential road

Future Section:  Local residential road

Road Improvements:  N/A

Sidewalks Requirements: Sidewalk required on at least one side

Bicycle Requirements: N/A

Transit Requirements:  N/A

Traffic Analysis:  A traffic study is not applicable for this action.

 

E.  Parks & Greenways Master Plan: 
According to the approved Parks, Recreation and Cultural Resources Facilities Master Plan, there are no issues related to this site.  A greenway easement is being dedicated to the Town on the open space adjacent to the site on the west side.  According to the Open Space and Historic Resources Plan (OSHRP) there are no issues related to this site.

 

Consistency with the Land Development Ordinance

 

F.  Environmental:  According to the Town of Cary GIS maps, there is a stream buffer impacting the parcels west of Dayton Ridge Drive and one parcel on Roswellcrest Court. The parcels included within this rezoning request were approved on a subdivision plan in Wake County.

 

G.  Buffers:  As provided in accordance with the Wake County Zoning Ordinance.

 

H.  Streetscape:  As provided in accordance with the Wake County Zoning Ordinance.

 

Town council Criteria for Consideration in Reviewing Rezonings:

 

Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town Council should consider in reviewing rezonings:

 

1.             The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

2.             The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO);

3.             The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development;

4.             The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

5.             The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 

6.             The proposed zoning classification is suitable for the subject property;

 

Ordinance for Consideration

07-REZ-38 Park at Westlake

 

AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF CARY TO CHANGE THE ZONING OF APPROXIMATELY 10.74 ACRES LOCATED SOUTHWEST OF THE DAYTON RIDGE DRIVE AND SERENE FOREST DRIVE INTERSECTION OWNED BY L AND L OF RALEIGH, INC. BY REZONING FROM RESIDENTIAL-20 CONDITIONAL USE DISTRICT WAKE COUNTY (R-20 CUD W) TO RESIDENTIAL-8 (R-8) AND TRANSITIONAL RESIDENTIAL (TR).

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:

 

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

 

PARCEL & OWNER INFORMATION

Property Owner(s)

County Parcel
Number(s)
(10 digit)

Real Estate ID(s)

Area ±

(Acres)

Proposed Zoning District

L and L of Raleigh, Inc

2301 Stonehenge Dr. Suite 107

Raleigh, NC 27615

0679042196

0679041197

0679041106

0679040114

0669949132

0669948131

0669947114

0669945303

0669946332

0669947331

0669948320

0669949320

0679040311

0679040393

0679041385

0679042376

0679034106

0679033253

0679033238

0679033323

0679033318

0679033413

0679033419

0679033504

0679033605

0679033701

0679033707

0679032892

0679032999

0364134

0364135

0364136

0364137

0364138

0364139

0364140

0364125

0364126

0364127

0364128

0364129

0364130

0364131

0364132

0364133

0364122

0364121

0364120

0364119

0364118

0364117

0364116

0364115

0364114

0364113

0364111

0364112

0364123

0.34

0.26

0.26

0.26

0.27

0.30

0.50

0.50

0.28

0.27

0.26

0.25

0.25

0.25

0.25

0.24

0.25

0.14

0.14

0.14

0.14

0.14

0.14

0.16

0.16

0.14

0.14

0.14

0.34

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

R-8

TR

TR

TR
TR
TR
TR
TR
TR
TR
TR
TR
TR
TR

Total Acres

6.91 ±*

 

 

* The total acreage does not include the right-of-way. With the right-of-way included, the total acreage is 10.74 ±.

 

Section 2:  That this Property is rezoned from Residential-20 Conditional Use District Wake County (R-20 CUD W) to Residential-8 (R-8) and Transitional Residential (TR) 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:  This ordinance shall be effective 6 months from the date of adoption.

 

Adopted:  April 24, 2008

 

Effective: October 24, 2008

 

 

 

 

Harold Weinbrecht, Jr.
Mayor

 

Date

 

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

 

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

 

_________________________

 

3.   Planning and Development Committee, April 17, 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.   Engineering Department Operating Budget Adjustment (EN08-085)
Committee unanimously recommended the appropriation of $350,000 to Traffic Analysis Studies expense account and an increase to the revenue budget by $315,000 for additional funding for performing the traffic studies required under section 3.23 (Adequate Public Facilities for Roads) of the Land Development Ordinance.  Committee further recommended that the balance of $35,000 be appropriated from the general fund fund balance.

 

STAFF REPORT

Planning and Development Committee, April 17, 2008

 

Engineering Department Operating Budget Adjustment (EN08-085)

Request for additional funding for performing the traffic studies required under section 3.23 (Adequate Public Facilities for Roads) of the Land Development Ordinance

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

 

Section 3.23 of the Land Development Ordinance is in place to ensure that, as practical, new developments will be approved only when it can reasonably be expected that public facilities for roads will be available to accommodate such new developments. A determination as to the adequacy of public facilities is made by performing a traffic study.  The traffic study analyzes and documents the level or service for applicable intersections and identifies required mitigations.  The Town uses on-call consultants to perform a traffic study for every development that meets the threshold in the ordinance.  The current threshold is 50 peak hour trips.

 

Due to the large number of studies and the increasing complexity of the studies, the current costs and anticipated costs through June 30, 2008 for performing the studies has exceeded our current operating budget for performing traffic studies.  Developers are responsible for paying ninety percent of the cost of each study with the remaining funds being provided by the Town; however, the Town has to encumber the entire amount for the studies in the Engineering Department’s Operating Budget.

 

Fiscal Impact:  The Traffic Analysis Studies expense account in the Engineering Department FY08 Budget is currently $362,000.  Staff requests an adjustment of $350,000 additional funds to this Traffic Analysis Studies expense budget as well as the recognition of the anticipated $315,000 in revenue. This $315,000 represents the 90% of the cost of the individual studies paid by the developers.

 

Staff Recommendation:  Staff recommends that Council appropriate $350,000 in Traffic Analysis Studies expense account and increase the revenue budget by $315,000.  The net impact cost to the general fund is $35,000 and staff recommends appropriating this $35,000 from the general fund fund balance.

 

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

 

_________________________

 

b.   Rezoning Waiver Request – Greystone PDD Amendment (PL08-030)
Committee unanimously recommended approval of a request for a waiver of the one-year waiting period for a new rezoning submittal for the Greystone PDD Amendment.  Per the LDO, a supermajority vote of council is needed to grant this request.

 

STAFF REPORT

Planning and Development Committee, April 17, 2008


Rezoning Waiver Request – Greystone PDD Amendment (PL08-030)
Consideration of a request for a waiver of the one-year waiting period for a new rezoning submittal for the Greystone PDD Amendment, the subject parcel in a withdrawn application (07-REZ-22)

Speaker:  Ms. Jennifer Currin

 

From:  Jeffery G. Ulma, AICP, Planning Director
Prepared by:  Jennifer Currin, Planner II
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

 

Mr. Kelly Fritz, with Elam, Todd, d’Ambrosi (ETd), is requesting a waiver of the one-year waiting period, required by LDO Section 3.4.1(G)- Waiting Period for Subsequent Applications, for submission of a rezoning application for the same property considered in a rezoning application within the preceding twelve months.  The property, owned by MI Homes of Raleigh LLC, was the subject of a rezoning application (07-REZ-22) submitted on August 30, 2007.  A public hearing on the application was held on October 11, 2007 to amend the Greystone Planned Development District (PDD) zoning.  The amendment request proposed to allow multi-family dwelling units in addition to the residential dwelling unit types already permitted within the PDD.  That request was subsequently withdrawn by the applicant on February 28, 2008.

 

Since the public hearing, the applicant has met with staff and several council members to discuss the fiscal impacts to the proposed project incurred by constructing the collector road, Mills Park Drive, from the Hawes tract southward through the subject parcel.  The request is to resubmit a PDD amendment to propose allowing mixed use on the parcel.  A Comprehensive Plan amendment would be also be required for this proposal.  The applicant cites the following as justification for the proposed change in zoning designation: the proximity of schools, the I-540 interchange, the future Morrisville Parkway and the collector road bisecting the site.

 

Fiscal Impact:  None

 

Staff Recommendation:  Considering the change from the previous application in the proposed zoning designation for the subject property, staff supports this rezoning resubmittal waiver request.  Per the LDO, a supermajority vote of council is needed to grant this request.

 

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

 

_________________________

 

c.   School Site Reservation Update (PL08-031)
Committee unanimously recommended against using state statutory authority to develop an ordinance requiring school site reservation during the subdivision approval process and further recommended that resources be applied to the Town’s land-banking initiative in coordination with WCPSS staff efforts.

 

STAFF REPORT

Planning and Development Committee, April 17, 2008

School Site Reservation Update (PL08-031)
Consideration of using state statutory authority to develop an ordinance to require the reservation of school sites during the subdivision approval process

Speaker:  Mr. Scott Ramage

 

From:  Jeffery G. Ulma, Planning Director
Prepared by:  Scott F. Ramage, Principal Planner
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

 

Summary

The North Carolina General Statutes (NCGS) grant authority to municipalities to require the reservation of school sites within subdivisions, as part of the subdivision approval process.  Town Council requested that staff investigate whether or not this authority should be used by the Town to develop an ordinance to require the reservation of school sites.  This report provides an analysis of the statutory requirements, benefits and limitations of such an ordinance, as well as recommendations based on discussions with staff from the Wake County Public Schools System (WCPSS).

 

Statutory Requirements

NCGS 160A-372 states that the following requirements must be met in order to require reservation of school sites:

1.       Identification of Sites in Comprehensive Plan.  In order to require the reservation of school sites within subdivision plans, the Town and the Wake County Board of Education must first jointly determine the “specific location and size of any school sites to be reserved.”  This information then needs to be adopted into the Town’s Comprehensive Plan.  However, the statutes do not define what is meant by “specific location,” or how such locations should be indicated in the Comprehensive Plan.  Staff believes the most legally defensible method would be to identify specific parcels on a “Future School Sites Map”.  Another method would be to identify search areas either within a certain radius of a specified point or as an area bounded by natural or manmade features.  This latter method is less specific and thus strays from the exact language of the general statutes.

In order for this authority to be effective within the Chatham County portion of Cary’s jurisdiction, a similar process would need to be followed with the Chatham County Board of Education.

2.       Prompt Decisions on Site Reservation.  Whenever a subdivision is submitted to the Town for approval which includes part or all of a school site to be reserved, the Town must promptly notify the Board of Education.  The Board of Education must then promptly decide whether it wishes to reserve the site and then so notify the Town so that the site can be either reserved or released.

3.       Eighteen Months for Acquisition.  If the Board of Education requests reservation of a site, then the board has 18 months within which to acquire the site by purchase or to initiate condemnation proceedings.  The 18 months begin on the date of final approval of the subdivision.  If the Board of Education has not purchased the site or begun condemnation proceedings within that time, the reservation expires.

 

Findings and Analysis

Town and WCPSS staff met in February 2008 to explore the benefits, limitations, and challenges associated with crafting and adopting a school site reservation ordinance.  From that meeting the two staffs concluded that the authority granted by the General Statutes does not match well with the realities WCPSS faces in identifying and financing school site acquisitions, nor does it conform well to development trends in Cary.  The various considerations are presented by topic below.

 

Induced premium land costs for school sites.  Adoption of a joint Future School Sites Map could potentially – and unintentionally – result in higher land acquisition costs for school sites, whether acquired under a site reservation provision or as part of the standard and ongoing WCPSS site acquisition program.  At present, WCPSS buyers are free to shop for the best price from among multiple competing sellers over a wide geographic area.  However, if future school sites were identified on a Future School Sites Map, the owners of preferred sites might demand premium prices, knowing that the adopted Future School Sites Map places geographic limits on acceptable locations. 

 

School campus and subdivision size considerations.   WCPSS’ model campus sizes for elementary, middle and high schools are about 20, 40 and 60-80 acres, respectively.  However, based on their experience negotiating voluntary site acquisitions within subdivisions, WCPSS staff prefers a subdivision to be at least 2.5 times the size of the school campus, so that the site reservation doesn’t render an entire property unusable as a subdivision.  Consequently, WCPSS would be unlikely to exercise site reservation except for subdivisions of at least 50, 100 or 150 acres, in the case of elementary, middle and high schools, respectively. 

 

However, subdivisions of these sizes are becoming increasingly uncommon, as larger undeveloped tracts become rarer in Wake County, and as new development turns towards smaller infill parcels.  In Cary within the last 12 months, no subdivisions of 100 acres or more have been submitted and only four of over 50 acres.

 

Site reservation only applies to subdivisions.  The statutory authority for school site reservation only applies to subdivisions.  Site plans could not be made subject to a site reservation requirement, thus excluding development proposals for apartment complexes and condominium projects since they don’t require land subdivision.  Accordingly, a site reservation ordinance could unintentionally bias development towards these housing types within the school search areas.   

 

Availability of WCPSS land acquisition funds.  WCPSS’ funds for school site acquisition and construction are typically provided via bond initiatives.  The 2003 bond referendum of $550 million was for 2004-08 school needs.  WCPSS’ associated building program originally included sufficient funds to acquire and build 17 school sites, and to acquire land (without construction) for an additional 13 sites.  As of February 2008, all but three of the 17 “acquire and build” sites had been acquired, and three of the “acquire land only” sites had been acquired.  Thus, funding remains for only about 13 school sites, distributed across all of Wake County.  WCPSS staff is presently searching for properties for each of those 13 sites. 

 

Thus, while a site reservation ordinance might trigger WCPSS’ review of certain subdivision submittals in Cary, there is no guarantee that WCPSS would have available funding for a particular reservation site within the 18‑month reservation period, if that site is not associated with the current capital program.

 

Extent of the demand for future school sites in Cary.  Recent WCPSS school site acquisitions in Cary, coupled with the extent to which Cary is approaching buildout within its planning jurisdiction, places limits on the actual demand for future school sites in Cary.   Recent and pending WCPSS acquisitions include sites for a middle school and an elementary school adjacent to Cary Park PDD, and sites for a middle school and an elementary school within and adjacent to the Village at the Park PDD.  WCPSS staff indicated the following remaining long-term school needs in the Cary-Apex-Morrisville area:

 

Western Cary, Apex and Morrisville

  • Up to 1 more elementary school, in northwest Cary or Morrisville.
  • WCPSS is searching for 1 elementary, 1 middle, and 1 high school, in the northwest Apex area, although the property search area could potentially consider sites at the southern extent of the Green Level area.  Joint campus sites could be explored.

 

Central Cary and Morrisville

  • 1 elementary school, located generally within the boundaries of Council District B, in northeast Cary.
  • 2 high schools in central Cary.  One school would primarily serve Morrisville and West Raleigh, but be located somewhere between the two municipalities in central Cary.  The other school is planned for somewhere within the central part of Cary, east of Davis Drive, west of I-40, and north of US 1/64.

 

South Cary, Eastern Apex and Holly Springs

  • 1 middle school, generally located in the region of Council District C and/or the southern half of Council District D.
  • WCPSS is searching for 2 elementary schools in the east Apex and Holly Springs area, although the property search area could potentially consider sites at the southern extent of Council District C, in Middle Creek.

 

Given the limited scope of the remaining site needs, and that the sites cover a vast area that also includes Morrisville, Apex, Raleigh, and Holly Springs, WCPSS staff would prefer to continue to pursue active site acquisition through their ongoing capital program, in concert with Cary’s land-banking initiative, in order to move rapidly to acquire the remaining sites.  Once these sites are acquired, there will be little or no need for a site reservation ordinance.  It may be possible to secure a number of sites over the coming 12 months, which is the estimated time that would be required to develop and adopt a site reservation ordinance.

 

Fiscal Impact:   There are no costs associated with the staff’s recommendations.

 

Recommendation:  Based on the findings and analysis presented above, staff recommends against pursuing the development of a school site reservation ordinance at this time.  Instead, it is recommended that staff resources be applied to the Town’s new land-banking initiative and to coordination and assistance with WCPSS staff efforts.

 

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

 

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d.   Additional Funding for the Exterior Restoration of the Waldo Rood House (PL08-033)
Committee unanimously recommended the allocation of $50,000 from the general fund fund balance for additional exterior repairs to the Waldo Rood House.