Cary Town Council - October 22, 2009
DRAFT
Contact the town clerk at (919) 469-4011 for official minutes
Council Chambers
Click on links herein to view full text minutes.
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
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2. Ceremonial Opening (Mrs. Robinson)
Mrs. Robinson provided the ceremonial opening.
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3. Adoption of agenda (Town Council)
ACTION: Mr. Frantz moved to adopt the agenda. Mrs. Robinson provided the second; council granted unanimous approval.
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B. CONSENT AGENDA (click on this link to view consent agenda)
Item B.3.a., Request for Agreement of Entry (EN10-018), was pulled for discussion. (Refer to Item G.2.)
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
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b. Consideration of approval of the sign ordinance amendment task force, purpose statement, and organizational issues. (Approved)
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c. Consideration of amending the
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d. Consideration of adoption of the October tax report. (Approved)
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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)
N/A
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3. Planning and Development Committee,
a. Request for Agreement of Entry (EN10-018)
Committee unanimously recommended acceptance of an Agreement of Entry with the North Carolina Turnpike Authority (NCTA) in order to help facilitate the NCTA’s construction schedule for the Western Wake Freeway.
(Pulled from consent agenda for discussion and approved. Refer to G.2.)
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b. Request for Waiver of Brick Sidewalk required with Downtown Streetscape Plan (EN10-019)
Committee unanimously recommended waiving the brick sidewalk installation requirement and payment-in-lieu associated with an approved site plan for a bridal boutique at the intersection of 302 S. Academy Street and W. Park Street, but recommended that the applicant be required to install decorative street lights. (Approved)
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c. Budget Adjustment and Recognition of Grant Award Revenues (PR10-011)
Committee unanimously recommended approval of a budget adjustment recognizing revenues of $15,000 from the North Carolina Arts Council Program Grant Award for the TCAP-Cary Elementary Renovation Project, with funds to be budgeted within the PR1109 contracted services account for expenditure. (Approved)
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C. RECOGNITIONS, REPORTS,
1. Presentation of the
RECOGNIZING
THE 51st
WHEREAS, the Cary High School Band has proven its musical and marching abilities throughout the years by its continuing achievements of both national and regional recognition for its accomplishments; and
WHEREAS, members of the Cary High School Band have brought much honor to the Town of Cary and its citizens while also maintaining high scholastic aptitudes; and
WHEREAS, music plays an increasingly important role in our world today and is one of the most sublime of human pursuits and is subscribed to by all races and creeds; and
WHEREAS, music is the language of all peoples and one of the greatest forces in creating peace and harmony; and
WHEREAS, the citizens of
WHEREAS, in 2009, the Cary High School Band was named Grand Champion at the Heart of Carolina Band contest at Wakefield High School, Raleigh, N.C.
PROCLAIMED this 22nd day of October 2009.
Mayor Weinbrecht presented the proclamation to the following representatives of the Cary High School Band: Matt Minick, Band Director; Margaret Gordy, Band Booster President; Kevin Nagy, 2009 to 2010 Cary High School Drum Major; and Sandra Williams, 51st Cary Band Day Chairperson.
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2. Recognition of outgoing board and commission members. (Council Liaisons)
The council recognized the outgoing board/commission members and thanked them for their hard work.
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3. Town Manager’s operational report. (Mr. Ben Shivar)
Mr. Shivar stated the council just conducted a capital budget work session, and staff is continuing to work on this issue. He said 30 positions continue to be held open. He stated some economists have predicted the recession has hit bottom; however, he believes the FY2011 budget will be difficult based on the slow economic recovery.
Budget Director Scott Fogleman outlined the FY2010 General Fund Operating Margin (refer to Exhibit A). He said the timing of the recession and changes in revenue enabled a new budget cycle to be built and balanced for FY2010. The FY2010 operating revenue started with revenues being greater than expenses of about $250,000.
Mr. Fogleman explained that the first main change is due to real property tax billings being about $690,000 better than budgeted. Variable rate interest savings is about $350,000 thus far. The utility franchise tax is expected to be about seven percent better than budgeted. He noted that the major revenue source for that is quarterly and the biggest portion comes late in the fiscal year. The last item is the recycling market with a revenue of about $200,000.
Mr. Fogleman said that two-thirds of the state collected local revenue share of beer and wine tax was withheld to help balance the state budget, which meant a $390,000 reduction in
Mr. Fogleman said
Mr. Fogleman concluded that a $1.37 million operating margin is good.
Mr. Fogleman said a stimulus funding application for additional police officer support is currently being reviewed and will possibly be brought before the council next month.
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D. PUBLIC SPEAKS OUT (one hour time limit)
No one spoke.
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E. PUBLIC HEARINGS
1. Road Renaming
Subject: Public hearing to consider renaming Green Level To Durham Road and the 2600-3099 blocks of
Speaker: Ms. Gina Smith
Proposed Council Action: Council may take action following the public hearing
STAFF REPORT
Town Council,
Green Level to
Consideration of a public hearing to rename Green Level to Durham Road and approximately 1.27 miles of Alston Avenue to Green Level Church Road
Speaker: Ms. Gina Smith
From: Russ Overton PE, Inspections and Permits Director
Prepared by: Gina Smith, Addressing Specialist
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek,
Executive Summary: Public Hearing to rename Green Level To Durham Road and the portion of Alston Avenue that adjoins Green Level to Durham Rd (2600-3099 blocks) to Green Level Church Road between Morrisville Parkway intersection to the Durham County line.
Discussion: As a result of development in the area, a continuous segment of road between US 64 W Hwy in Apex to NC 55 Highway in
On
Town staff,
- Public Safety: The continuous road segment changes names in three different locations and of the road names,
- It is the intent to have a single name –
Renaming Green Level to
Town policy requires Town Council to authorize road name changes for public roads that are recorded. Cases that are controversial or cause citizen opposition require a public hearing.
Fiscal Impact: Cost of changing street signs will be approximately $600. Work will be accomplished by the Public Works and Utilities staff utilizing existing funding. Developers are responsible for replacing any custom street signs they have installed.
Staff Recommendation: Staff recommends approving the renaming of Green Level to
Ms. Gina Smith of the inspections and permits staff outlined this report. Refer to her PowerPoint presentation attached to and incorporated herein as Exhibit B.
Mayor Weinbrecht opened the public hearing. No one spoke; the mayor closed the public hearing.
ACTION: Mrs. Robinson moved to rename Green Level To
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2. Montague Properties
a. Annexation Petition 09-A-09
Property Owners: LT Montague Properties LLC; Harvey Lynwood Montague, Jr.
Property Addresses: 11301 Penny Road; and other unaddressed property
Acreage: 2.86 plus 0.32 acres of right-of-way = 3.18 total deeded acres
Zoning: Wake County - General Business (GB)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Commercial; Vacant
Proposed Use: Commercial; Vacant - no changes specified
Associated Development: Rezoning 09-REZ-12 (Montague Properties)
Speaker: Ms. Mary Beerman
Proposed Council Action: No action is required; the item will be placed on a future council agenda for action
Annexation Petition Number: 09-A-09
Property Addresses:
Wake
Real ID Numbers: 0107281, 0095170
Petition Date:
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing: 9/24/2009
Staff Recommendation: Forward to Public Hearing on 10/22/2009
Action: Forwarded to Public Hearing on 10/22/2009
Town Council – Public Hearing: 10/22/2009
Staff Recommendation: Defer action to a future council meeting to allow final vote on the annexation to coincide with final vote on the associated rezoning (09-REZ-12).
Action: Referred to the
OWNER(S):
LT Montague Properties LLC
Harvey Lynwood Montague, Jr.
LOCATION: Southeast of
ZONING & PROPOSED USE:
Current Zoning:
Acreage: 2.86 plus 0.32 adjacent right of way = 3.18 total deeded acres
Contiguous to Primary Corporate Limits: Yes
% Contiguity (excluding satellite town limits): 53.2%
Existing Use: Commercial; Vacant
Proposed Use: Commercial; Vacant – no changes specified
Associated Case(s): 09-REZ-12 (Montague Properties) – to establish initial
UTILITIES:
Water: On Site
Sewer: 180 feet northeast
DISTRICTS & TAX VALUE:
Fire District: Hipex
Voting District: C
Tax Value: $744,868
b. Rezoning 09-REZ-12 (Montague Properties)
Location: Southeast of the
Current Zoning:
Proposed Zoning: ORD (Office/Research and Development) and Watershed Protection Overlay District (Swift Creek Watershed sub-area)
Acreage: 2.86 ±
Speaker: Ms. Mary Beerman
Proposed Council Action: Refer to the
Rezoning Data Sheet
09-REZ-12 Montague Properties
Town Council Public Hearing -
REQUEST: To Amend the Town of
Associated Annexation Petition 09-A-09
Location 11301 Penny Road (Southeast corner of
Town Limits No
ETJ No
Deeded Acreage 2.86
Existing Zoning District General Business (GB) (
Proposed Zoning District Office/Research and Development (ORD)
Valid Protest Petition Not applicable to initial zoning at time of annexation.
NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site.
BACKGROUND
The property contains an existing non-residential multi-tenant building built in 1986. The existing uses are as follows:
5,000 sf - Vehicle Service, Light
2,000 sf - Personal Service
3,000 sf - Research Laboratory (electronics)
2,000 sf - Light Manufacturing (kitchen cabinets)
3,000 sf - Warehouse/Distribution (Carolina Copperhead sports league)
4,600 sf – Vacant
The property owner has requested annexation into the Town of
|
SUBJECT PARCELS | |||
|
Property Owner(s) |
|
Real Estate ID(s) |
Deeded Acreage |
|
LT Montague Properties, LLC |
0751-64-7729 |
0107281 |
2.66 |
|
Harvey L Montague |
0751-64-6900 |
0095170 |
0.20 |
|
Total Area |
2.86 | ||
|
TENTATIVE SCHEDULE | ||
|
Public Hearing |
Planning & Zoning Meeting |
Town Council Action |
|
|
|
|
1The date of this meeting will be determined after the P&Z Board recommendation. If there is unanimous approval by the P&Z Board, the rezoning request will go to the first meeting of the month as a consent item on the agenda. Otherwise it will go to the second meeting of the month as a discussion item.
contact Information
Applicant: H. Lynwood Montague, Jr.,
(919) 422-6910 lynwoodmontague@yahoo.com
Agent Same as Applicant
Staff Contact Mary W. Beerman, AICP - Senior Planner (919) 468-4342,
mary.beerman@townofcary.org
SUMMARY OF PROCESSES
Notification
On
CONSISTENCY WITH
Land Use
Based on the existing uses within the building, the zoning district to which the site most closely conforms is ORD (Office/Research and Development). Four of the existing uses are allowed by right in the ORD district. The remaining use, Vehicle Service, Light is allowed in ORD as a Special Use. Upon annexation and application of initial zoning, the existing vehicle service use would be treated as a permitted use. Approval of a Special Use Permit would be required for any expansion or modification in the future.
Streetscape
The existing streetscape is non-conforming due to the 2005 realignment of
Traffic
It appears that the existing Wake County Zoning is very comparable to the proposed ORD Zoning with respect to uses and trip generation. Therefore, a traffic study would not be required at rezoning. However, if the 4600 sf vacant building generates 50 or more peak hour trips as referenced by the ITE Trip Generation Manual under our current APFO with a new tenant after being annexed, a traffic study would be required. If the parcel is redeveloped, a new traffic study may be required at that time. In either instance, the applicant should contact the Town of
Criteria for Consideration in Reviewing Rezonings
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered 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; and
6. The proposed zoning classification is suitable for the subject property.
Applicable Comprehensive or
Land Use Plan
Section 6.4 of the Town of
Growth Management Plan
The Growth Management Plan includes the following three Guiding Principles which are relevant to this case:
1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with new development.
Analysis: The existing building will be connected to the Town’s existing utility and transportation infrastructure.
2. L1 Guiding Principle: Concentrate growth near existing and planned employment centers and available and planned infrastructure to minimize costly service-area extensions.
Analysis: The Town’s existing utility and transportation infrastructure is adjacent to the property.
3. A2 Guiding Principle: Ensure that the overall amount of development in
Affordable Housing Plan
The Affordable Housing Plan is not applicable to this case.
Comprehensive Transportation Plan
Penny Road is designated as a Major Thoroughfare
Existing Section: 3 lanes, approx. 60’
Future Section: 4-lane median divided
Sidewalks sidewalks on both sides
Bicycle lanes: 14’
Transit: No transit requirements for this location
Status of Planned Improvements: N/A
Ten Ten Road is designated as a Major Thoroughfare
Existing Section: 3 lanes, approx. 60’
Future Section: 4-lane median divided
Sidewalks: sidewalks on both sides
Bicycle lanes: 14’
Transit: No transit requirements for this location
Status of Planned Improvements N/A
Parks & Greenways Master Plan
According to the Parks, Recreation and Cultural Resources Facilities Master Plan there are no issues related to this site.
Open Space and Historic Resources Plan
According to the Open Space and Historic Resources Plan there are no significant natural or historical resources associated with this site.
ORDINANCE FOR CONSIDERATION
09-REZ-12 Montague Properties
AN ORDINANCE TO ESTABLISH ZONING FOR APPROXIMATELY 2.86 ACRES LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
Section 1: The Official Zoning Map is hereby amended to establish initial Town of
|
PARCEL & OWNER INFORMATION | |||
|
Property Owner(s) |
|
Real Estate ID(s) |
Area ± (Acres) |
|
| |||
|
LT Montague Properties, LLC |
0751-64-7729 |
0107281 |
2.66 |
|
Harvey L Montague |
0751-64-6900 |
0095170 |
0,20 |
|
Total Acres |
2.86 | ||
Section 2: That initial
Section 3: This ordinance shall be effective on the date of adoption.
Adopted and effective:
Ms. Beerman’s PowerPoint presentation is attached to and incorporated herein as Exhibit C.
Mr. Linwood Montague, the property owner, stated he is happy to answer questions.
Mayor Weinbrecht opened the public hearing. No one spoke; the mayor closed the public hearing.
ACTION: Council referred the rezoning to the
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3. Annexation Petition 09-A-10
Property Owner: Chadwick American LLC
Property Address:
Acreage: 0.46 total deeded acres
Zoning: Residential 20 (R-20)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Single-family residential
Proposed Use: Single-family residential
Associated Development: None
Speaker: Mr. Wayne Nicholas
Proposed Council Action: Council may take action
Annexation Petition Number: 09-A-10
Property Address:
Wake
Real ID Number: 0116989
Petition Date:
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:
Staff Recommendation: Forward to Public Hearing on
Action: Forwarded to Public Hearing on
Town Council – Public Hearing:
Staff Recommendation: Adoption with an effective date determined by Council action.
Action: Adopted with an effective date of
OWNER(S):
Chadwick American LLC
LOCATION: 1,740 feet northease of
ZONING & PROPOSED USE:
Current Zoning: Residential 20 (R-20)
Acreage: 0.46 plus 0.00 adjacent right of way = 0.46 total deeded acres
Contiguous to Primary Corporate Limits: Yes
% Contiguity (excluding satellite town limits): 20.89%
Existing Use: Single-family residential
Proposed Use: Single-family residential (sewer connectivity only)
Associated Case(s): None
UTILITIES:
Water: N/A (Aqua Community Well)
Sewer: On Site
DISTRICTS & TAX VALUE:
Fire District: Western Wake
Voting District: B
Tax Value: $449,252
Mayor Weinbrecht opened the public hearing. No one spoke; the mayor closed the public hearing.
Mr. Portman asked for the background. Mr. Nicholas stated the property owner wishes to connect to Town sewer, and it is the last available lot in this development. He stated Town sewer is now available.
ACTION: Mr. Portman moved to approve Annexation 09-A-10. Mr. Frantz provided the second; council granted unanimous approval.
(Ordinanance No. 0-2009-19 is also on file in the town clerk’s office.)
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4. Land Development Ordinance Amendments
Subject: Public hearing to consider amendments to the land development ordinance (Round 13). Specific chapters and sections proposed for amendment are listed below, and other related items, chapters and sections may also be considered for amendment. Substantial changes to the amendments proposed may result from the hearing process.
Speaker: Ms. Mary Beerman
Proposed Council Action: Refer to
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- Rezoning 09-REZ-13
Location: Properties within the
Current Zoning: Town Center Low Density Residential (TC-
Proposed Zoning:
Acreage: 35.39 ±
Speaker: Ms. Debra Grannan
Proposed Council Action: Refer to the
Rezoning Data Sheet
09-REZ-13
Town Council Public Hearing –
REQUEST
To amend the Town of
|
Location |
Properties within the |
Town Limits |
Yes |
|
ETJ |
Yes | ||
|
Deeded Acreage |
33.18 | ||
|
Existing Zoning District |
| ||
|
Proposed Zoning District |
| ||
|
Valid Protest Petition |
To be determined by the October 22, 2009 Town Council Meeting | ||
NOTE: The purpose of the rezoning is to determine whether or not the land uses and densities allowed in the proposed zoning district are appropriate for the site.
SUBJECT PARCELS
Property owner and parcel information for the individual properties is provided in the Ordinance (at the end of this report) Total Area: 33.18 ± Acres
TENTATIVE SCHEDULE
Public Hearing:
Planning & Zoning Meeting:
Town Council Action:
Effective Date:
contact Information
Staff Contact
Debra Grannan, Senior Planner
(919) 460-4980
Debra.grannan@townofcary.org
PROJECT SUMMARY
This proposed rezoning is to consider creating a new subdistrict within the
This rezoning accompanies a proposed change to the current Land Development Ordinance (LDO Round 13) with respect to certain dimensional requirements of the TC-
The rezoning and LDO amendment in combination would establish a new subdistrict (TC-
Existing Land Use: Single-family Residential
Land Use Plan Designation: Low Density Residential
Streams: Several properties in the district are impacted by a stream buffer. If a subdivision plan is required for future development, LDO standards for stormwater management and urban transition buffers would apply.
Floodplain and Wetlands:
Surrounding Land Uses: North Single-family residential
South Religious institution, cemetery and single-family residential
East Single-family residential
West Single-family residential and religious institution
CONSISTENCY WITH
Land Use
The Town Center Area Plan, adopted in August 2001, has among its goals the preservation of the health and small town character of its neighborhoods, while anticipating an increase in the residential densities within the downtown area. Land assembly and infill development on vacant lots were strategies contained in the Plan to achieve the desired increase in density. With the Town’s planned investment in the downtown streetscape improvements, downtown park,
While the existing TC-
The proposed rezoning to TC-
Density and Dimensional Standards
|
|
Existing Zoning District TC |
Proposed Zoning District TC |
|
Max. Gross Density |
4 du/acre |
3 du/acre |
|
Min. Lot Size |
8,000 square feet |
12,000 square feet |
|
Minimum lot Width |
50 feet (55 feet for corner lot) |
80 feet |
|
Front Yard Setback |
10 feet (18 feet where parking is provided in front) |
40 feet |
|
Side Yard Setback |
16 feet total (Only one required) |
10 feet |
|
Rear Yard Setback |
10 feet |
15 feet |
|
Maximum Bldg. Height |
35 feet |
No Change |
Open Space
Traffic
If approved, the new zoning district will create no net increase in the number of dwelling units; therefore, a traffic study is not required.
SUMMARY OF PROCESS
Notification
On
Neighborhood Meeting
Town staff scheduled a neighborhood meeting on
Criteria for Consideration in Reviewing Rezonings
Section 3.4.1(E) of the Land Development Ordinance sets forth the following criteria that should be considered in reviewing rezonings:
- The proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact.
- The proposed rezoning is consistent with the Comprehensive Plan set forth in Section 1.3 (LDO).
- 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.
- The proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation.
- The proposed rezoning will not have significant adverse impacts on property in the vicinity of the subject tract.
- The proposed zoning classification is suitable for the subject property.
|
Applicable Comprehensive or | ||
|
|
STAFF COMMENTS | |
|
Affordable Housing Plan |
The following Affordable Housing Goals are applicable to the proposal: | |
|
1. Promote the preservation of the Town of | ||
|
2. Strive for innovation and partnerships in the creation of model ordinances, policies, and programs in the area of providing expanding housing opportunities for low- and moderate-income persons | ||
|
3. Actively participate in the renewal of neighborhoods suffering from physical deterioration or from the inequitable distribution of public resources in the past. | ||
|
4. Assure a quality living environment and access to public amenities for all residents, present and future, of the Town of | ||
|
| ||
|
Comprehensive Transportation Plan |
Dry Avenue, Knight Avenue and S. West Street are each designated as Local Streets | |
|
| ||
|
Existing Section |
Two-lane local street, 50-foot right of way | |
|
Future Section |
Two-lane local street, 50-foot right of way | |
|
Sidewalks |
Required on one side | |
|
Bicycle lanes |
None required | |
|
Transit |
None | |
|
Status of Planned Improvements |
None scheduled by the Town | |
|
S. Harrison Avenue is designated as a Collector | ||
|
Existing Section |
Two-lane collector road, 50-foot right of way | |
|
Future Section |
Two-lane collector road, 60-foot right of way | |
|
Sidewalks |
Required on both sides | |
|
Bicycle lanes |
Four-foot bike lanes on both sides | |
|
Transit |
None required | |
|
Status of Planned Improvements |
None scheduled by the Town | |
|
Parks & Greenways Master Plan |
According to the Parks, Recreation and Cultural Resources Facilities Master Plan, a greenway trail is proposed in the vicinity of the southernmost subject properties that back up to the cemetery. | |
|
A recreation payment-in-lieu will be required if and when new lots are subdivided in accordance with the Land Development Ordinance. | ||
|
Open Space and Historic Resources Plan |
According to the Open Space and Historic Resources Plan there were no parcels identified as priority, proposed open space within the boundary of the proposed rezoning except for | |
School Impacts
No increase in the number of dwelling units or lots is proposed with this rezoning proposal.
ORDINANCE FOR CONSIDERATION
09-REZ-13
AN ORDINANCE TO AMEND THE OFFICIAL ZONING
Section 1: The Official Zoning Map is hereby amended by rezoning the area described as follows:
|
PARCEL & OWNER INFORMATION | |||
|
Property Owner(s) |
|
Real Estate ID(s) |
Area ± |
|
(Acres) | |||
|
MCALLISTER, SCOTT W & LEUELLA L |
0763293974 |
0021291 |
0.32 |
|
PEREGOY, |
0763393458 |
0044875 |
0.59 |
|
EHRLICH, PAUL ROGER |
0763293646 |
0043290 |
0.35 |
|
PJ SMITH CONSTRUCTION CO INC |
0763390267 |
0041875 |
0.57 |
|
WEST, JIMMIE |
0763390144 |
0052087 |
0.36 |
|
MCFEE, WYOLENE |
0763391173 |
0045835 |
0.40 |
|
BRANDON, BRETT A & TARA A |
0763395209 |
0044987 |
0.46 |
|
|
0763397859 |
0174341 |
0.06 |
|
TROJAN, STEPHANIE A |
0763396368 |
0037771 |
0.36 |
|
HARNED, DOUGLAS A & DIANE S BECKMAN |
0764205054 |
0030436 |
0.31 |
|
BECK, BARBARA L |
0763396281 |
0005398 |
0.48 |
|
EARLS, ALFRED W & RUTH W |
0763298629 |
0015179 |
0.83 |
|
STEPHENS, TOMMIE N & ISABEL B |
0763393231 |
0067356 |
0.40 |
|
SUDDABY, ROBERT R B & VIOLA G |
0763294445 |
0069723 |
0.38 |
|
HARKEY, ADRIAN B & VICTORIA M |
0763298418 |
0074163 |
0.37 |
|
BRADY, ROSALEEN S |
0763391559 |
0007600 |
0.33 |
|
TOMLIN, W H |
0764301077 |
0071034 |
0.56 |
|
GAERTNER, MELVIN J |
0763292404 |
0024031 |
0.52 |
|
HOYME, CARMEN K |
0763298864 |
0051320 |
0.46 |
|
COGHILL, SARA C |
0763293897 |
0013913 |
0.36 |
|
FROBERG, SVEN O |
0764202026 |
0023644 |
0.29 |
|
BALLINGTON, JAMES R JR & FAYE B |
0763396038 |
0043509 |
0.51 |
|
FOLSOM CONSTRUCTION CO LLC |
0763292830 |
0025371 |
0.33 |
|
FITCH, MILES M |
0763396854 |
0048648 |
0.52 |
|
DIEBOLT, HENRY J & SHARON B JR |
0763288919 |
0018236 |
0.38 |
|
|
0764208067 |
0023120 |
0.48 |
|
ROBINSON, JAMES ERIC & BRENDA L |
0763384969 |
0006939 |
0.44 |
|
MARTIN, SYDNA J |
0763292927 |
0044428 |
0.28 |
|
MORRIS, ERIC J |
0763393050 |
0015811 |
0.29 |
|
MORMINO, JOHN DAVID & JANE E |
0764203063 |
0061800 |
0.30 |
|
MCCRACKEN, ROBERT L & CYNTHIA S |
0763393615 |
0071046 |
0.28 |
|
HOFFMAN, TERRY M |
0764206066 |
0007288 |
0.43 |
|
RHOADES, BARBARA |
0763396644 |
0015306 |
0.45 |
|
OLDERMAN, JEANNE CAROL |
0763394613 |
0011233 |
0.44 |
|
HANSON, STEPHEN |
0763298027 |
0025384 |
0.38 |
|
HAROLDSON, MITCHELL |
0763390040 |
0016830 |
0.83 |
|
FOLSOM, PAUL W & JULIE W |
0763298421 |
0022867 |
0.38 |
|
SNELLING, LAYNE K & MARTHA MAYBERRY |
0764303078 |
0006574 |
0.55 |
|
LEHMAN, GERALD J & JOANA P |
0763391308 |
0041562 |
0.64 |
|
MATTHEWS, JOSEPH D JR |
0763392159 |
0069059 |
0.39 |
|
RAYNO, DONALD R & CYNTHIA W |
0763390651 |
0029785 |
0.51 |
|
KIBLER, |
0763296734 |
0039001 |
0.37 |
|
LILLISTON, ANDREW W & ELIZABETH M |
0763382812 |
0064030 |
0.35 |
|
SLADE, JOHN A & JULIA C |
0763382977 |
0064419 |
0.28 |
|
ARONER, JAMES R |
0763298233 |
0016488 |
0.39 |
|
FUSSELL, NATALIE V |
0763392632 |
0061623 |
0.28 |
|
GREGORY, DURWOOD A |
0763396547 |
0026473 |
0.47 |
|
RAGOUZEOS, |
0763298527 |
0041844 |
0.45 |
|
TAYLOR, KENNETH R & PEGGY R |
0763292667 |
0029847 |
0.31 |
|
DITCHEOS, NICHOLAS GEORGE |
0764302078 |
0023122 |
0.56 |
|
CHADA, EDWARD H |
0763296602 |
0025585 |
0.38 |
|
BURKE, J L |
0763381628 |
0084010 |
0.85 |
|
DAVIDSON, B L |
0763382930 |
0016771 |
0.27 |
|
SMITH, KYLE |
0763297856 |
0367474 |
0.21 |
|
RALPH, FRANK K |
0763296886 |
0008792 |
0.33 |
|
LYTLE, CHARLES F |
0763294727 |
0043291 |
0.34 |
|
ROBERSON, RONALD K & KAREN T |
0763293434 |
0002436 |
0.43 |
|
LUMPKIN, AMY SUE |
0764209067 |
0027737 |
0.55 |
|
|
0763295885 |
0043130 |
0.32 |
|
ALCORN, KATHERINE |
0763296403 |
0048086 |
0.34 |
|
GODBOLD, ROBERT V |
0763292829 |
0025370 |
0.33 |
|
HEATER, R O & JESSIE C |
0763397758 |
0174346 |
0.02 |
|
HAROLDSON, MITCHELL A & GINGER N |
0763298312 |
0039658 |
0.38 |
|
GREEN, HORACE J |
0764300077 |
0026184 |
0.57 |
|
REDFOOT, RICHARD S & LESLIE S |
0763396775 |
0066207 |
0.48 |
|
DAVIS, WILBERT R HEIRS |
0763396437 |
0017227 |
0.43 |
|
HOLLAND, ROBERT J |
0763394211 |
0032204 |
0.39 |
|
EDWARDS, WILLIAM E & |
0763288922 |
0020412 |
0.36 |
|
HARTLEY, KEITH A & DONALD E COUTUR |
0763296521 |
0048087 |
0.37 |
|
HUTCHBY, ELIZABETH R |
0763396993 |
0062071 |
0.37 |
|
|
0763393584 |
0362122 |
0.06 |
|
WAYMAN, JOSEPH R & JOY M |
0763291679 |
0029794 |
0.46 |
|
FOLSOM, PAUL W & JULIE W |
0763297402 |
0245665 |
0.03 |
|
BARBIERI, JOHN D |
0764207069 |
0072081 |
0.43 |
|
BOYKIN, CAROL SMITH & JAMES R |
0763395062 |
0065669 |
0.58 |
|
AMOS, DWAYNE E & AMY J |
0763294655 |
0039907 |
0.32 |
|
STALLINGS, JEANNE LEIGH |
0763298126 |
0015507 |
0.37 |
|
|
0763380768 |
0020821 |
0.57 |
|
|
0763392521 |
0362121 |
0.02 |
|
CLARY, NANCY K |
0763393369 |
0006086 |
0.65 |
|
BAYLEY, CHARLES D & ALEXANDRA S |
0763391408 |
0005133 |
0.49 |
|
|
|
|
|
|
Total Acres |
33.18 | ||
Section 2: That this Property is rezoned from Town Center Low Density Residential to Town Center Low Density Residential 12 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, policies and guidelines.
Section 3: This ordinance shall be effective on the date of adoption.
Adopted and effective: DATE tbd
Mrs. Grannan’s PowerPoint presentation is attached to and incorporated herein as Exhibit H. She stated signs were posted on October 13 instead of October 8 as was indicated in the staff report. Protest petitions were received, but did not meet the General Statute requirements to be considered valid.
Mayor Weinbrecht opened the public hearing.
Mr. James Robinson, a Russell Hills Subdivision resident, urged the council to revert to the original zoning for this area. He does not know how or when
Ms. Barbara Rhoades originally petitioned the council to revert to the original zoning for this area. She has since worked with the staff and now supports the new zoning proposal. She has received support of 63% of the
Ms. Joy Wayman, a
Mr. Jim Ballington, a
Mr. Paul Folsom, a
Mayor Weinbrecht closed the public hearing.
Mrs. Robison thinks it is important that the Town provide information regarding the past zoning change to the
Mrs. Adcock stated having two zoning districts does not seem consistent and wondered why not request the same zoning for the entire subdivision.
Mrs. Robinson stated that during the TCAP process the staff considered walkable ranges. She would not want to bring the entirety of
Mr. Frantz clarified the process and urged the residents to contact the planning board and council members to express their comments.
Mrs. Robison asked if the
Mrs. Robinson stated the Russell Hills Homeowners’ Association (HOA) covenants are active, but are difficult to enforce because there is no HOA board. She stated staff thinks this area should remain in the TCAP, and the proposed zoning allows this to occur.
Mrs. Robison asked if the current two parts of
Mrs. Adcock outlined the process in that the LDO amendments need to be approved creating the new zoning district before council can take action on this zoning. Mrs. Grannan concurred.
ACTION: Council referred Rezoning 09-REZ-13 Town Center-Low Density Residential 12 (TC-
_________________________
F.
1. Comprehensive Plan Amendment 09-CPA-04 (Amberly--Pittard Sears Road)
Location: Southeast corner of O’Kelly Chapel Road and Pittard Sears Road
Current Land Use Plan: Low Density Residential (
Proposed Land Use Plan: Low Density Residential to Medium Density Residential (
Acreage: 40.11±
Planning and Zoning Board Recommendation: Voted 5-3 to recommend approval
Speaker: Mrs. Meredith Chandler and Ms. Kelly Commiskey
Proposed Council Action: Council may take action.
Comprehensive Plan Amendment Staff Report to the Town Council
09-CPA-04, Amberly –
Town Council Final Action
To Amend the Town of Cary Northwest Area Plan by changing the land use designation for the subject parcels from Low Density Residential (
Location
The subject property is located at the southeast corner of
Deeded Acreage: 40.11 +/-
Existing Land Use Designation:
(a) Low Density Residential (
Requested Land Use Designation:
“Low Density Residential to Medium Density Residential” (
NOTE: The purpose of a comprehensive plan amendment is to evaluate the appropriateness of a proposed land use and/or other issue, need, or opportunity for the subject parcel(s) of land.
|
SUBJECT PARCELS | |||
|
Property Owner(s) |
|
Real Estate ID(s) |
Deeded Acreage |
|
Marquis Homes & Company |
0726405536 |
85634 |
19.51 |
|
Marquis Homes & Company |
0726415782 portion |
63642 |
17.10 |
|
Sandler at Amberly |
0726500044 portion |
19868 |
3.50 |