Work Session Minutes of the Town of Cary, NC

July 22, 2008

5:30 p.m.

Room 10035, 316 N. Academy St. , Cary , NC

Subject: Land Development Ordinance, Conservation

Residential Overlay District and Southwest Area Plan

 

Present:  Mayor Harold Weinbrecht, Council Members Gale Adcock, Don Frantz, Jennifer Robinson and Jack Smith

 

Mayor Weinbrecht called the work session to order at 5:31 p.m.

 

Mayor Pro Tem Julie Robison and Council Member Erv Portman arrived late and their arrival is noted in the minutes.

 

Associate Planning Director Ricky Barker said that within the round 10 Land Development Ordinance amendments are some substantial amendments dealing with the conservation residential overlay district and cluster.  He said that staff would like to receive policy direction from council on whether staff is heading in right direction before taking the amendments to the Planning and Zoning Board. 

 

Mr. Portman arrived at this point in the meeting at 5:32 p.m.

 

Mr. Barker summarized the 21 major amendment items. (Staff’s PowerPoint Presentation is attached to and incorporated herein as Exhibit A.)

 

Mayor Pro Tem Robison arrived at this point in the meeting at 5:34 p.m.

 

Mr. Frantz asked if existing box signs are grandfathered into the ordinance.  Mr. Barker responded yes.  Mr. Portman asked if all existing uses throughout the LDO would be grandfathered with the changes.  Mr. Barker said yes. 

 

Mr. Frantz asked about the procedure for temporary classrooms.  Mr. Barker said that it’s similar to the current process.  He said that he doesn’t foresee any time increase; it is submitted as an amendment to the original site plan for the temporary classrooms. 

 

Mr. Frantz asked about lowering the height in low density residential ( LDR ) and cottage business districts in the downtown.  Mr. Barker said that with LDR there’s concern with existing infill and compatibility with existing houses. 

 

Mr. Frantz asked about the possibility of leaving cottage businesses at 45 feet and having LDR at 35 feet.  He also asked about the location of the cottage business area.  Planning Director Jeff Ulma said that there are two zones with within that district which is located at Harrison Avenue and Chapel Hill Road to the west.  He said that staff will look into splitting the heights.  Mrs. Robinson asked that staff provide council with information regarding the height of the existing cottage businesses. 

 

Mr. Smith asked about the requirements for historic sign.  Senior Planner Anna Readling said that the ordinance specifically refers to structures that are in the national register history district.  She said the language specifically states that it has to be a part of the national register and contributing to those historic structures. 

 

Mrs. Adcock asked about rollout carts; she was concerned about equity with the color.  Mr. Ulma said the reference to roll out carts is to dumpsters.  Mr. Barker said that staff will ensure that the wording is clarified. 

 

Mrs. Adcock asked about phasing plan requirements and the financing.  Engineering Director Tim Bailey said that there have been significant issues with phases that cannot stand alone.  He said as staff tries to regulate it there may be some financial impacts and difficulties; however, staff will work with the developers.   

 

Mayor Weinbrecht asked about the changes within the study areas.  Mr. Barker said the distance for a study area is measured from the property boundaries; the ordinance change clarifies that it’s the whole property boundary. 

 

Mayor Pro Tem Robison asked about setbacks for telecommunication towers and the basis for the language.  Mr. Barker said reductions are not currently given in the setbacks.  He said that the language will allow set backs to be requested and council would decide whether the setback is appropriate based on the criteria.

 

Mayor Pro Tem Robison asked for a comparative assessment on setbacks.  Mr. Barker said staff will provide the information. 

 

Mayor Pro Tem Robison said she is concerned about language in the code allowing roads to cross urban transition buffers; she wants to ensure that we aren’t decreasing the strictness of requirements and allowing more accessibility to encroach into the transition buffers for utilities and roads.  Mr. Bailey said it mirrors the state law on the Neuse River rules for when roads are allowable.  He said that roads have always been allowed to cross, although it’s done at staff’s discretion based on certain criteria as to whether a road is allowed.  He said if it’s not allowed, then it goes to council for a decision. 

 

Mr. Barker reviewed the comprehensive plan amendment stating that it deals with the southwest area plan.  He said that the policy and direction for developing the conservation residential overlay district comes out of this plan and that the changes in the ordinance need to be supported by the plan.

 

Mr. Portman said asked if credit is given for unbuildable area. Mr. Barker said that it is an accommodation to allow them to go to smaller lots, recognizing that they are constraint parcels. 

 

Mr. Barker provided examples of approved conservation subdivisions ( Hilliard Forest , Saxonbury Singh, The Manor) and an existing open space subdivision (Lochmere Highlands).

 

Mr. Barker reviewed the proposed ordinance changes which were based on feedback and direction from council at the previous work session.  He provided examples of current and proposed lot sizes and densities for low density conservation residential (LCR) and very low density conservation residential (VLCR).

 

Mr. Barker asked if the increase in the additional open space and lowering the number of bonus lots meets council’s expectations.  Mrs. Robinson said with the two examples shown she is comfortable with low density.  She said the incentives for very low density are too generous.  Mayor Weinbrecht agreed.  Mr. Portman said he is concerned with reducing the incentive too much because it may defeat the purpose of the incentive. 

 

Mr. Barker summarized council’s comments regarding the number of units/open space requirements:

 

Mr. Barker asked whether the proposed increases in allowable density and reductions in lot sizes in the VLCR and Rural sub-districts are appropriate.  He also asked if staff should combine these sub-districts into one.  There was consensus from council to combine into one sub-district (VLCR) and to keep density at 1.5.  Some council members also stated that Cary shouldn’t have a “rural” district in our urban service area.

 

Mr. Barker asked if council agreed with the criteria for the additional open space (i.e., central common area, 60% of lots adjacent to open space, interconnection of open space, pedestrian access to open space). 

 

The majority of council members agreed to 60 percent adjacent to the open space.  Mr. Smith and Mr. Portman were opposed.

 

Mr. Barker summarized council’s overall responses: 

 

Mr. Barker asked if council wanted to consider giving any credit for the required open space and private recreation facilities within the developments.  Council agreed not to give credit for required open space and for private recreation directed staff to look at this issue Town-wide and not just for the Conservation Residential Overlay District (CROD)

 

Mr. Barker said staff will incorporate the feedback received from council in the ordinance when it goes to the Planning and Zoning Board for review.  He said staff will provide a summary e-mail to council for specific feedback on the cluster ordinance and will ask P&Z to focus on that as well. 

 

The work session ended at 7:16 p.m.