|
DRAFT Contact the town clerk at (919)469-4011 for official minutes
Cary Town Council Minutes Thursday, July 24, 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, and Jack Smith; Council Member Jennifer Robinson arrived late and her arrival time is noted in the minutes
A. COMMENCEMENT
1. Call to Order (Mayor Weinbrecht)
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: Mrs. Adcock moved to adopt the agenda; Mrs. Robison provided the second; council granted unanimous approval.
_________________________
B. CONSENT AGENDA
Council Member Jennifer Robinson arrived at 6:33 p.m.
The council pulled consent agenda item B.4.d., Minor Subdivision Exemptions and Fee Relief Decision (PL09-004), from the consent agenda for discussion.
1. Regular Consent Agenda (follow this link for full text minutes of consent agenda B.1.)
a. Consideration of approval of the minutes of the regular town council meeting held on June 26, 2008; the minutes of the council work sessions held on June 18, 2008, June 20, 2008 and June 24, 2008. (Approved)
b. Consideration of adoption of adoption of certificates of sufficiency and resolutions calling for public hearing on the following citizen-initiated annexations:
(1)
08-A-07
(2)
08-A-08
(3)
08-A-09
2. Land Development Consent Agenda
a. REZONING
08-REZ-04, HATLEY REZONING Request 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 (R-40) to Transitional Residential Conditional Use (TR-CU).
THE APPLICANT HAS SUBMITTED THE FOLLOWING PROPOSED ZONING CONDITIONS:
1. Maximum density shall be limited to three (3) dwelling units per acre. 2. Use shall be limited to single-family detached. 3. A 30-foot wide Type B (semi-opaque) perimeter buffer shall be provided along the western and southern property lines of the subject property.
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. All such requirements can be found at http:vic.townofcary.org.
Background Information
Public Notification: On March 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 March 12 and 19, 2008. A second public hearing before the Planning and Zoning Board was advertised in the Cary News on June 4 and 11, 2008.
Feedback at the Town Council Public Hearing Staff presented the request and noted that there were no protest petitions. Several Town Council members commended the applicant’s efforts to propose a use that would be compatible with the adjacent neighborhood and consistent with the Land Use Plan. Three citizens spoke in favor of the proposed rezoning, but emphasized the importance of the perimeter buffer. No one opposed the request.
Changes Since the Public Hearing School data for Adams Elementary has been added to the staff report. The applicant has introduced a zoning condition to guarantee a 30-foot wide perimeter buffer.
Feedback at the Planning and Zoning Board Meeting Since the applicant introduced new zoning conditions after the initial public hearing, a second public hearing was required. The applicant explained that the condition to guarantee a perimeter buffer would ensure that the buffer could not be reduced during plan review. One board member asked about the density of the adjacent neighborhoods. Staff reported they were designated as medium density residential on the Land Use Plan.
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 June 16, 2008 and voted 9 – 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 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 LDO and is reasonable and in the public interest.
Consistency with the Comprehensive Plan
A. Land Use Plan: This rezoning request conforms to the adopted Land Use Plan because of the proposed condition to limit density to three units per acre. 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 one to three units per acre.
B. Growth
Management Plan: 1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development. Analysis: Infrastructure and services are available to this 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. Analysis: A new residential development on this site would be less than 1.5 miles from the Weston Parkway employment area. 3. L2 Guiding Principle: Ensure that future growth protects sensitive natural resources and protects open space. Analysis: As per Town Geographic Information Systems (GIS), an urban transition buffer runs diagonally through the site. As per the Open Space and Historic Resources Plan, this site includes mixed hardwood/conifer plant communities throughout the majority of the site. This guiding principle will be further addressed at the time of site plan approval.
C. Affordable
Housing Plan: 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.
D. Comprehensive Transportation Plan:
Rochelle Rd. Future Section: Residential collector road, 70 feet ROW Road Improvements: None scheduled by the Town Sidewalks Requirements: Sidewalks required on both sides Bicycle Requirements: 14-foot wide outside lanes Transit Requirements: None
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 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 open space conservation.
Consistency with the Land Development Ordinance
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.
F.
Environmental:
G. Buffers:
H. Streetscape:
I. Traffic Analysis: The current R-40 zoning would generate 11 PM trips. The proposed Conditional Use zoning of three du/acres would generate 31 PM trips, a 20-trip increase. Under our current LDO of 50 peak hour trips, no traffic study would be required for rezoning or site plan.
Existing and
Requested Zoning District Comparison:
*Density Limit based on proposed zoning condition. Density limit for TR zoning per the Land Development Ordinance is 6 dwelling units per acre.
TOWN COUNCIL Criteria for Consideration in Reviewing Rezonings:
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that the Town Council should consider in reviewing rezonings:
1. The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact; 2. The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO); 3. The Town and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property while maintaining sufficient levels of service to existing development; 4. The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation; 5. The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract; 6. The proposed zoning classification is suitable for the subject property;
Other Reference Information
Schools The school
information is being provided for your review; however, the Wake County
* Current Enrollment and Building Capacity is based on the 20th 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 provided by 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. Ordinance for Consideration 08-REZ-04 Hatley Rezoning
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).
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CARY:
Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:
Section 2: That this Property is rezoned from Residential 40 (R-40) 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, 2) use shall be limited to single-family detached dwelling units, and 3) A 30-foot wide Type B (Semi-opaque) perimeter buffer shall be provided along the western and southern property lines of the subject property.
These conditions address conformance of the development and use of the Property to ordinances and officially adopted plans and address impacts reasonably expected to be generated by the development and use of the Property. Section 4: This ordinance shall be effective on the date of adoption. Adopted and effective: July 24, 2008
ACTION: Mrs. Adcock moved to approve the consent agenda, except for item B.4.d., Minor Subdivision Exemptions and Fee Relief Decision (PL09-004). Mr. Frantz provided the second, and council granted unanimous approval.
(Ordinance is also on file in the town clerk’s office.)
_________________________
3. Operations Committee, July 10, 2008 (follow this link for full text minutes for consent agenda B.3.)
a.
Stephens Road Petition for Water and Sewer Service (EN09-001)
b.
Request for Additional Funding – Bachelor Branch Interceptor and Pump
Station Elimination Project – Phases 2 through 5 (EN09-002)
c.
Connectivity – Lake Drive (EN09-007)
d.
WakeMed Soccer Park Lease
Assumption (PR09-001)
e.
Status of New Water
Conservation Initiatives (PWUT09-001)
f.
Bid Award: American Tobacco
Trail – Chatham County Project
(PR09-002)
4. Planning and Development Committee, July 15, 2008 (follow this link for full text minutes for consent agenda B.4.)
a.
Payment-in-Lieu of Road Improvements Request by Capital Bank (EN09-003)
b.
Request for Waiver from
Thoroughfare Improvement Requirements by Wilmarth Investments LLC (EN09-004)
c.
Request for Waivers for
Adequate Public Facilities for Roads Improvements for Carrabba’s Office (EN09-009)
e.
Special Task Force Land
Development Ordinance Amendments - Round 11
(PL09-005)
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
1. Recognition of Cary students who will travel to Cary’s Sister City, Le Touquet, France, to participate in an ecological program. (Recognized)
Mr. Smith recognized the students participating in the ecological program.
_________________________
D. PUBLIC SPEAKS OUT
Mr. Carolyn Marley is concerned about a large daycare business that opened in her neighborhood in May 2008. Ms. Marley’s comments and a diagram of the neighborhood is attached to and incorporated herein as Exhibit.
Ms. Melissa Manfrey encouraged the council to investigate amending the ban on poultry to allow residents to keep backyard hens. She thinks roosters should not be allowed. She thinks council should only allow six to ten hens per property so odor is not an issue. She stated council should ban backyard slaughter and require a permit to build the coop and possibly even an annual fee.
Mr. Craig McCrary came home from vacation to learn that a daycare business had opened literally in his backyard. He stated it has negatively impacted his quality of life, and it is not in character with the neighborhood. He stated it will cost him $300 to have the issue reviewed.
Ms. Virginia Griffin staff the council has approved the Phase 1 sewer extension on Stephens Road. Her property was annexed by the Town of Cary utilizing the involuntary annexation method, and she was promised Town water and sewer. She stated everyone but her on Stephens Road received a letter about these utilities. She contacted staff, who told her that she does not qualify for water and sewer because they would have to traverse private land to make this utility available to her. She requested a refund of all tax moneys she has paid, since the Town cannot provide the services they have promised to her. Additionally, she stated a road has been opened and an overflow dam has been constructed. She stated staff would not put in writing that this has an environmental impact on her property. She stated the Wellington homeowners’ association has informed her that she is not allowed on their property because she protested this to the Town.
Ms. Fran Salman spoke about the request for waiver of road improvements for the former Cary Inn. Council informed her that the request was approved on the consent agenda.
_________________________
E. PUBLIC HEARINGS (click on this link to view the full text minutes of the public hearing items)
1. SPECIAL USE PERMIT
08-SU-001, Highway 55 Self Storage
2.
ANNEXATION PETITION
08-A-06 (associated with 08-SU-001, which is agenda item E.1.)
3.
COMPREHENSIVE
TRANSPORTATION PLAN UPDATE
4.
COMPREHENSIVE PLAN AMENDMENT
08-CPA-03, White Oak Baptist Church
5.
REZONING
08-REZ-06, Piney Plains Offices
6.
COMPREHENSIVE PLAN AMENDMENT
08-CPA-04, Greystone Planned Development District
7.
REZONING
08-REZ-07, Greystone Planned Development District
8.
Railroad Crossing ClosureS
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||