4.   Planning and Development Committee, July 15, 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.   Payment-in-Lieu of Road Improvements Request by Capital Bank (EN09-003)
Committee unanimously recommended that a right-of-way dedication be required, and granting a payment-in-lieu of road improvements for the thoroughfare and capital improvements along both Carpenter Fire Station Road and Green Level to Durham Road in connection with the proposed Capital Bank development, with the payment-in-lieu funds being recognized and appropriated to the construction account of ST1085.

STAFF REPORT

Planning and Development Committee, July 15, 2008

Payment-in-Lieu of Road Improvements Request by Capital Bank (EN09-003)
Consideration of allowing a payment-in-lieu of road improvements for the proposed Capital Bank development
Speaker:  Mr. Tim Bailey
 

From:  Tim Bailey, PE, Engineering Director
Prepared by:  Sandra Stepney, PE, Transportation Engineer
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Capital Bank plans to submit a site development plan for the southwest quadrant of Carpenter Fire Station Road and Green Level to Durham Road. Per Town Ordinance, when any development plan is submitted for review and approval by the Town, the developer must dedicate right-of-way and construct any road improvements necessary to meet the Town’s current Thoroughfare Plan. The developer is responsible for half-street improvements and right-of-way dedication along the entire property frontage.

Carpenter Fire Station Road is designated to have a 4 lane divided landscaped median cross section (2 through lanes in each direction).  The existing cross section of Carpenter Fire Station is 2 lanes.  Green Level to Durham Road is designated to have an ultimate 6 lane divided landscaped median section (3 through lanes in each direction).  The existing cross section of Green Level to Durham Road is a 4 lane divided landscaped median (with provisions for future widening in the median for the 6 lane section) across most of the property frontage, and approximately 200’ of frontage that is 2 lanes.  To meet the Comprehensive Transportation Plan and the Capital Improvement Project (ST-1085) requirements, extensive pavement widening and reconstruction and intersection re-design is required.  Additional right-of-way is required along Carpenter Fire Station Road, with some additional right-of-way required along Green Level to Durham Road. 

Capital Bank is requesting to make a payment-in-lieu of all road improvements.  The applicant provided the following justification for this request:

1.   “It has come to our attention that if we were to provide the improvements on our side of both Carpenter Fire Station Road and Green Level to Durham Road (in accordance with the engineering project provided by the Town’s consulting engineer), the condition of the existing roadways would not support the future widening.”

2.   “We understand the realignment of this intersection is planned in the near future (perhaps as early as spring 2009) and our project improvements are planned to occur prior to this.”

Fiscal Impact:  None.  The developer is proposing to make a payment-in-lieu which would cover all design and construction costs.  The Town’s project, ST1085, widening of Green Level to Durham Road from 200’ South of the intersection with Carpenter Fire Station Road to the intersection of McCrimmon Parkway, is scheduled for construction in spring 2009, which will include the required improvements.

Staff Recommendation:  Staff recommends that Town Council require the right-of-way dedication, but grant a payment-in-lieu for the thoroughfare and capital improvements along both Carpenter Fire Station Road and Green Level to Durham Road.  Staff further recommends that the payment-in-lieu be recognized and appropriated deposited into the construction account of ST1085. 

Sandra A. Stepney, PE

Engineer

Town of Cary - Engineering Department

316 N. Academy Street

Cary, NC 27513

sandra.stepney@townofcary.org

Re: Request for Payment in Lieu for proposed road improvements at the intersection of Carpenter Fire Station (CFS) & Green Level to Durham (GLTD)

Sandra A Stepney, PE:

As we proceed with the design of improvements and site plan submittal for the property located at the intersection of CFS & GLTD (PIN: 0725837997).  It has come to our attention that if we were to provide the improvements on our side of both CFS & GLTD (in accordance with the engineering provided by your consulting engineer) the condition of the existing roadways would not support the future widening.  We understand the realignment of this intersection is planned in the near future (perhaps as early as Spring ’09) our project improvements are planned to occur prior to this.

With this in mind we would request that a payment in lieu be granted for our portion of the necessary improvements.  We further understand that additional Right of Way (ROW) will need to be granted to accommodate the project improvements.  We will utilize a licensed general contractor in establishing the estimate for the projected road improvements to include up to the center of the median along the frontage of each roadway.

We recognize that the NCDOT is the permitting authority for any improvements temporary or permanent within the ROW.  We further understand any future improvements may impact the condition of any temporary driveway.

Attached is a copy of the proposed road improvements overlaid with the existing road conditions.  If there is anything else you need from us in forwarding this request please do not hesitate to contact myself, or our architect.  (Ken Noel, Lineberry Architectural Group 919-786-0229).

Respectfully,

Jennifer Benefield

SVP, Support Services Executive

Capital Bank

919-645-6337

jbenefield@capitalbank-nc.com

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.

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b.   Request for Waiver from Thoroughfare Improvement Requirements by Wilmarth Investments LLC (EN09-004)
Committee unanimously recommended that the right-of-way dedication and the sidewalk be required, but that a waiver be granted from requiring construction of the road widening on the portion of property zoned residential.

STAFF REPORT

Planning and Development Committee, July 15, 2008

Request for Waiver from Thoroughfare Improvement Requirements by Wilmarth Investments LLC (EN09-004)
Consideration of waiver of thoroughfare improvement requirements associated with the proposed Wilmarth Properties development
Speaker:  Mr. Tim Bailey
 

From:  Tim Bailey, PE, Engineering Director
Prepared by:  Sandra Stepney, PE, Transportation Engineer
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Wilmarth Investments LLC plans to submit a site development plan for staff’s review that proposes commercial development at the old Cary Inn location at 1405 Old Apex Road.  Per Town Ordinance, when any development plan is submitted for review and approval by the Town, the developer must dedicate right-of-way and construct any road improvements necessary to meet the Town’s current Thoroughfare Plan. The developer is responsible for half-street improvements and right-of-way dedication along the entire property frontage.

Old Apex Road is designated to have an ultimate 69’ back-to-back section (5 lane undivided roadway) centered within a 91’ right-of-way.  The existing cross section of Old Apex Road is mostly a 2-lane roadway.  To meet Comprehensive Transportation Plan requirements, approximately 20’ of pavement widening and additional right-of-way is required along the property frontage. 

Wilmarth Investments LLC has submitted a letter requesting a waiver from the thoroughfare widening improvements for the portion of property zoned residential.  The developer will dedicate the additional right-of-way and build the sidewalk, to support continued pedestrian connectivity, along the entire property.  The applicant provided the following justification for this request:

1.   “At this time, we don’t know how we will develop the lower portion of the property (zoned residential).  Given the setback requirements and topography, we’re not sure the property is commercially viable for any form of development.  It is a harsh economic burden to require us to improve the road on this portion of the property before we have had a chance to fully determine if it is viable for redevelopment.”

2.   “The length of street on the lower end of the property is longer than the length on the upper part, where we plan to build. The length, in fact, is not proportional to the area we plan to develop initially. (Refer to Exhibit, attached to and incorporated herein.)

3.   “We want to use our budget most effectively to create office spaces first. If we are unable to do so, we will have to hold off on our plans and decide whether we can go forward. And so, an unsightly, abandoned building will continue to sit.”

4.   “As an attached email dated July 17, 2007 shows, our architect was told that “the Town is willing to work with you on how the widening on your side is phased”. The email predates our purchase, so that information was part of our due diligence in deciding whether to purchase.  (Refer to Exhibit, attached to and incorporated herein.)

5.   “Therefore, we respectfully ask the Council for flexibility in the road improvement requirement: to allow us to develop the upper commercial-zoned portion of the property, where the existing buildings are located, making road improvement to this section first, without the burden of improving the lower section of the road.”

Fiscal Impact:  If the road improvements become the Town’s responsibility due to a waiver being granted, the Old Apex Road improvements would cost the Town approximately $180,000.

Staff Recommendation:  Staff recommends that Town Council require the right-of-way dedication and the sidewalk, but grant a waiver from requiring construction of the road widening on the portion of property zoned residential.

Wilmarth Investments LLC

1208 Crabtree Crossing Parkway

Morrisville, NC 27560

919-481-0725

fransalman@bellsouth.net

June 30, 2008

The Cary Town Council

Dear Council Members,

In March of 2007 the Cary Inn motel was shut down by the Cary Police Department in the aftermath of a suspicious death on the premises. In recent years, there have been many crimes attributed to the tenants of the Cary Inn. In fact, this site was a known hang-out for drug users, criminals and anyone else down enough on their luck to afford only a room that rented by the week (see attached article, March 12, 2008).

After Wilmarth Investments LLC purchased the property in January of this year, there was a sigh of relief from many people when they heard that my husband and I had plans to demolish the structure and redevelop the property with professional office spaces.

The firemen next door are tired of chasing away people who continue to inhabit the grounds. Police Chief Pat Bazemore told me herself that a change would be most welcome in Cary. Adam Arnold, a journalist with the Cary News, said that all of Cary was waiting for this moment

The piece of property we want to develop is oddly shaped, has significant challenges in topography, and is zoned commercial in one part and residential in the other. Our idea was to develop first the commercial site, and then evaluate our options for the smaller section.

In a meeting with Development Staff, we were told that the Town of Cary requires road improvement for the entire length of the property, even though we are planning to develop only one portion of the property. We respectfully request a waiver for the road improvements for the property zoned residential for the following reasons:

At this time, we don’t know how we will develop the lower portion of the property.  Given the setback requirements and topography, we’re not sure the property is commercially viable for any form of development.  It is a harsh economic burden to require us to improve the road on this portion of the property before we have had a chance to fully determine if it is viable for redevelopment.

The length of street on the lower end of the property is longer than the length on the upper part, where we plan to build. The length, in fact, is not proportional to the area we plan to develop initially.

We want to use our budget most effectively to create office spaces first. If we are unable to do so, we will have to hold off on our plans and decide whether we can go forward. And so, an unsightly, abandoned building will continue to sit.

As an attached email dated July 17, 2007, shows, our architect was told that “the Town is willing to work with you on how the widening on your side is phased”. The email predates our purchase, so that information was part of our due diligence in deciding whether to purchase. 

Therefore, we respectfully ask the Council for flexibility in the road improvement requirement: to allow us to develop the upper commercial-zoned portion of the property, where the existing buildings are located, making road improvement to this section first, without the burden of improving the lower section of the road.

In accordance with the Town's Land Development Ordinance (LDO) for Site Plan requirements, we dedicate to the Town of Cary any additional right-of-way necessary to achieve the width required by the Town's Comprehensive Transportation Plan (CTP) for all streets adjoining the property.  This right-of-way dedication will be a part of the final plat for the entire deeded site. We intend to put in a sidewalk the length of the entire property.

Sincerely,

Fran Salman, Manager

Wilmarth Investments LLC

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.

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c.   Request for Waivers for Adequate Public Facilities for Roads Improvements for Carrabba’s Office (EN09-009)
Committee unanimously recommended granting the waiver as requested for the 200’ eastbound left-turn lane on Cary Parkway at the intersection of Cary Parkway and Kildaire Farm Road as this intersection configuration meets the intent of the Thoroughfare Plan and is enhanced with median plantings.  Committee further recommended accepting the contribution of $2,383.69 which has been determined by staff and the applicant to be the proportionate share of the trip impact to the intersection, with this revenue being recognized and appropriated to the general capital reserve fund for future appropriations to qualifying transportation related capital projects.

STAFF REPORT

Planning and Development Committee, July 15, 2008

Request for Waivers for Adequate Public Facilities for Roads Improvements for Carrabba’s Office (EN09-009)
Consideration of request for waivers for roadway improvements for the proposed Carrabba’s Office Development located near the intersection of Wrenn Drive and Kildaire Farm Road
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

An office development is being proposed for construction on the northwestern quadrant near the intersection of Wrenn Drive and Kildaire Farm Road on the existing Carrabba’s site.  In accordance with our Adequate Public Facilities for Roads Ordinance (APFR), Section 3.23, a traffic study (07-TAR-251) was conducted by Martin/Alexiou/Bryson.  The applicant had proposed a 20,000 sf office building and a build out year was proposed to be 2008.  These assumptions were analyzed in the traffic study. 

The traffic study identified the following mitigations:

Construct an additional left-turn lane along the eastbound Cary Parkway approach to Kildaire Farm Road that provides at least 200 ft of storage.  This additional left-turn lane will result in dual left-turn lanes that can be provided within the existing median.  Signal modifications will also be necessary.

Mr. David J. Neill of Smith Moore LLP on behalf of Trafalgar Properties, LLC has requested a waiver of the road improvements identified above.  In addition, Mr. Neill has offered a payment from Trafalgar Properties, LLC in an amount equal to the applicant’s proportional contribution to the cost of improving the intersection of Cary Parkway and Kildaire Farm Road.  A figure showing the ultimate improvements to this intersection as well as a cost estimate for the ultimate improvements are included as attachments. 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. 

The traffic study identifies that the signalized intersection of Cary Parkway and Kildaire Farm Road as analyzed in the traffic study in 2008 was operating at a Level of Service of “E” in the AM with 66.6 seconds of delay and an “F” in the PM with 111.8 seconds of delay.  With the addition of the site traffic, the intersection Level of Service is projected to degrade further with a marginal increase in delay of 0.5 seconds in the AM and an increase in delay of 1.4 second in the PM in the build year of 2008. 

Fiscal Impact: There is no fiscal impact at this time.  However, if the Town were to undertake an intersection improvement to upgrade the existing intersection to include additional left and right turn lanes at all approaches, the cost could be approximately $700,000.

Staff Recommendation: Staff recommends granting the waiver as requested for the 200’ eastbound left-turn lane on Cary Parkway at the intersection of Cary Parkway and Kildaire Farm Road.  The intersection configuration meets the intent of the Thoroughfare Plan and is enhanced with median plantings.  Staff also recommends accepting the contribution of $2,383.69 which has been determined by staff and the applicant to be the proportionate share of the trip impact to the intersection from Carrabba’s Office.  Staff recommends that Council recognize this revenue into the general capital reserve fund for future appropriations to qualifying transportation related capital projects.

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.

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d.   Minor Subdivision Exemptions and Fee Relief Decision (PL09-004)
Committee unanimously recommended that staff develop an amendment to create a provision for subdividing existing single-family lots associated with previously approved subdivisions.  Committee further recommended approving a citizen’s request to be subject to the FY08 impact fees when his building plans are submitted for two subdivided lots because of the delay in the subdivision plan approval.

This item was pulled from the consent agenda for discussion.

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e.   Special Task Force Land Development Ordinance Amendments - Round 11 (PL09-005)
Committee unanimously recommended forwarding this set of Land Development Ordinance amendments to the September 25, 2008 Town Council meeting for a public hearing, allowing staff to meet with the Developers Focus Group in August to receive feedback.

STAFF REPORT

Planning and Development Committee, July 15, 2008

Special Task Force Land Development Ordinance Amendments - Round 11 (PL09-005)
Consideration of a series of modifications and revisions to the Land Development Ordinance
Speaker:  Mr. Bob Benfield

From:  Jeffery G. Ulma, AICP, Director, Planning Department

Prepared by:  Ricky W. Barker, AICP, Associate Planning Director
Approved by:  William B. Coleman, Jr., Town Manager
Approved by:  Benjamin T. Shivar, Assistant Town Manager

Proposed Schedule for Round 11 LDO Amendments:

*Italicized dates are tentative.

Background

At its April 24, 2008 meeting, Town Council reviewed the final recommendations from a Special Task Force charged with formulating recommendations on five specific development topics: tree preservation, mass grading, early grading permit notification, slab-on-grade construction and plant rescue from sites.  At the April 24^th meeting, Council directed staff to develop proposed amendments to the Land Development Ordinance to implement the Task Force’s recommendations.

Staff has completed draft amendments for Council’s review.  Some of the most significant amendments include:

• Limiting mass grading by requiring infrastructure only plans for all property zoned for low or very low density residential development;
• Limiting grading to no more than 25 acres for medium density residential development projects;
• Requiring a minimum two-step entrance of slab-on-grade construction and masonry materials around the foundation (low and medium density residential projects only);
• Increasing the fine amounts for disturbing tree protected areas;
• Increasing the number of trees required in parking lot areas; and
• Requiring re-foresting unbuildable areas that have been graded.

Additional items recommended by the Task Force will be handled administratively by:

• Adding early grading permit information on notification letters to adjacent properties related in new development plans;
• Providing the NC Plant Society and other similar organizations information of potential development sites through a link on new submittals; and
• Provide the NC Plant Society and other similar organizations information about Town projects that provide an opportunity for plant rescue.

The amendments are preceded by the Task Force recommendation, which is underlined.  Following that, a brief description of staff’s proposed changes is included in italics.  Additional detail is provided where the recommended text deviates from the recommendation or staff has included additional amendments not directly related to the recommendation.  The proposed ordinance text immediately follows the staff comments.

Fiscal Impact: If implemented, many of the recommendations do involve additional staff time to ensure that they are effectively carried out.  However, some of the recommendations should be easily absorbed by staff within our current plan review process.  The extent of the fiscal impact will not be known until specific ordinance requirements are implemented.

Staff Recommendation: Staff recommends forwarding this set of amendments to the September 25, 2008 Town Council meeting for a public hearing.  By scheduling the public hearing for September 25, staff will be able meet with the Developers Focus Group in August to receive feedback.

(Click on the links in the table below to view each amendment.)

See Exhibit, attached to and incorporated herein, for a marked up version of the ordinance amendment showing all changes.

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.

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