Cary Town Council-January 28, 2010
DRAFT
Contact the town clerk at (919) 469-4011 for official minutes
Cary
Council Chambers
Click on links herein to view full text minutes.
Mayor Pro Tem Julie Robison was late, and her arrival time is noted in the minutes.
A. COMMENCEMENT
1. Call to Order (Mayor Weinbrecht)
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2. Ceremonial Opening (Mr. Portman)
Mr. Portman provided the ceremonial opening.
Mrs. Robison arrived at
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3. Adoption of agenda (Town Council)
Mayor Weinbrecht suggested adding an item to the consent agenda as item B.1.d., to change the date of the
Mrs. Robison suggested adding an item to the consent agenda as item H.1. for an update on the Southeast High Speed Rail initiative.
ACTION: Mrs. Robinson moved to adopt the agenda as amended. Mrs. Adcock provided the second; council granted unanimous approval.
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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
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
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b. Consideration of adoption of the January 2010 tax report. (Mr. Ben Shivar)
The Wake County Board of Commissioners, in regular session on
It is hereby submitted for your approval.
|
Refunds of taxes, interest and penalties |
$20470.32 |
|
Relief of late list penalty |
0 |
|
Relief of late filed application |
1 |
|
Non-cash rebates |
257 |
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
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c. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexation petitions:
1) Annexation Petition 09-A-12
Property Owner(s): Pulte Home Corporation
Location: 2,740 feet southwest of Pittard Sears Road and O’Kelly Chapel Road intersection
Acreage: 0.55 ±
Zoning: Chatham County R
Contiguous to Primary Corporate Limits: Yes
Existing Use: None (vacated road right of way)
Proposed Use: Streetscape buffer (land now part of existing Amberly development due to realignment of Pittard Sears Road by NCDOT
Associated Case: 09-REZ-15 (Pittard Sears Road Realignment)
Speaker: Mr. Wayne Nicholas
Annexation Petition Number: 09-A-12
Property Address:
Petition Date:
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:
Staff Recommendation: Forward to Public Hearing on
Town Council – Public Hearing:
Staff Recommendation:
OWNER:
Pulte Home Corporation
1225 Crescent Green Drive,
LOCATION: 2,740 feet southwest of Pittard Sears Road and O’Kelly Chapel Road intersection
ZONING & PROPOSED USE:
Current Zoning: Chatham County R1
Acreage: 0.55 plus 0.00 adjacent right of way = 0.55 total deeded acres
Contiguous to Primary Corporate Limits: Yes
% Contiguity (excluding satellite town limits): 50.10%
Existing Use: None (vacated road right of way)
Proposed Use: Streetscape buffer (land now part of existing Amberly development due to realignment of Pittard Sears Road by NCDOT
Associated Case(s): 09-REZ-15 (Pittard Sears Road Realignment); None
UTILITIES:
Water: On Site
Sewer: On Site
DISTRICTS & TAX VALUE:
Fire District: Parkwood Fire District (
Voting District: A
Tax Value: undetermined
MEETINGS:
Town Council: Certificate of Sufficiency and Resolution Ordering Public Hearing:
Staff Recommendation: Forward to public hearing on
The documents that Council will consider for adoption at this meeting follow:
CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION
I, the undersigned Town Clerk of the Town of
Pulte Home Corporation;
0.55 acres plus 0.00± acres of adjacent right-of-way;
as directed by the Town Council by resolution, and that my investigation reveals the following:
1. The signers of the Petition are the owners of the real property within the area proposed for annexation.
2. The area is contiguous to the municipal boundaries of the Town of
This
RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31
WHEREAS, the Town Council of the Town of
Pulte Home Corporation;
0.55 acres plus 0.00± acres of adjacent right-of-way;
requesting the annexation of certain lands contiguous to the municipal boundaries of the Town of
WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law; and
Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of Cary, 316 N. Academy Street, Cary, N.C. at 6:30 p.m. on 2/25/2010 at which time all residents and area owners in said territory and all residents of the Town of Cary will be given an opportunity to be heard.
Section 2. The area proposed for annexation is described as follows:
Section 3. Notice of public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of
ADOPTED
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
(Resolution No. 2010-04 is also on file in the town clerk’s office.)
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2) Annexation Petition 09-A-13
Property Owner(s): Reedy Creek Investment LLC
Location: 3,800 feet SW of I-40 and
Acreage: 13.09 ±
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: No
Existing Use: Vacant
Proposed Use: Solar array panel installation
Associated Case: 09-SP-060 (SAS Sollar Array PH2)
Speaker: Mr. Wayne Nicholas
Annexation Petition Number: 09-A-13
Property Address: 2301
Real ID Number: 0148869 portion
Petition Date:
OWNER(S):
Reedy Creek Investment, LLC
LOCATION: 3,800 feet SW of I-40 and
ZONING & PROPOSED USE:
Current Zoning: Residential 40 (R-40)
Acreage: 13.09 plus 0.00 adjacent right of way = 13.09 total deeded acres
Contiguous to Primary Corporate Limits: No
Proposed Use: Solar array panel installation site
Existing Use: Vacant
Associated Case(s): 09-SP-060 (SAS Solar Array PH2)
UTILITIES:
Water: 2,070 feet northeast
Sewer: 2,170 feet northwest
DISTRICTS & TAX VALUE:
Fire District: Western Wake
Voting District: B
Tax Value: undetermined for portion
MEETINGS:
Town Council – Certificate of Sufficiency and Resolution Ordering Public Hearing:
Staff Recommendation: Forward to public hearing on
The documents that Council will consider for adoption at this meeting follow:
CERTIFICATE OF SUFFICIENCY OF ANNEXATION PETITION
I, the undersigned Town Clerk of the Town of
Reedy Creek Investment, LLC;
Wake County Parcel Identification #0774490867 portion;
13.09 acres plus 0.00± acres of adjacent right-of-way;
as directed by the Town Council by resolution, and that my investigation reveals the following:
1. The signers of the Petition are the owners of the real property within the area proposed for annexation.
2. The area is contiguous to the municipal boundaries of the Town of
This
RESOLUTION ORDERING PUBLICATION OF A NOTICE OF PUBLIC HEARING ON THE QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-58
WHEREAS, the Town Council of the Town of
Reedy Creek Investment, LLC;
Wake County Parcel Identification #0774490867 portion;
13.09 acres plus 0.00± acres of adjacent right-of-way;
requesting the annexation of certain lands not contiguous to the municipal boundaries of the Town of
WHEREAS, the Town Clerk has certified to the Town Council the sufficiency of said Petition as required by law;
Section I. A public hearing on the question of annexation of the area described herein will be held in the Council Chamber of the Town of
Section 2. The area proposed for annexation is described as follows:
METES
BEGINNING at the southwest corner of Lot 14A as shown on BOM 2008/Page 1670, Thence N 89° 58' 21" E a distance of 559.34' to an iron pipe,
Thence S 71° 37' 33" E a distance of 670.42' to a point,
Thence S 18° 49' 29" W a distance of 249.15' to a point,
Thence N 86° 45' 32" W a distance of 208.07' to a point,
Thence S 75° 05' 36" W a distance of 351.51' to a point,
Thence N 90° 00' 00" W a distance of 713.03' to a point,
Thence N 04° 18' 52" E a distance of 369.34' to a point,
Thence N 36° 45' 41" E a distance of 196.29' to the
POINT OF BEGINNING; Containing 13.0910 acres.
Section 3. Notice of the public hearing shall be published in the Cary News, a newspaper having general circulation in the Town of
ADOPTED
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
(Resolution No. 2010-05 is also on file in the town clerk’s office.)
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d. Consideration of changing the date of the
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
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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
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
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3. Planning and Development Committee, January 21, 2010 (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) (Mrs. Adcock)
a. N.C. Adopt-A-Trail and Recreational Trails Program Grant Applications (PR10-019)
Committee unanimously recommended approval of submission of the 2010 Adopt-A-Trail grant application and the 2010 Recreational Trails Program grant application.
STAFF REPORT
Planning and Development Committee,
N.C. Adopt-A-Trail and Recreational Trails Program Grant Applications (PR10-19)
Consideration of submittal of two grant applications for greenway development
Speaker: Ms. Mary Henderson
From: Mary G. Henderson, Director, PRCR
Prepared by: Sandi Bailey, Parks Planner, PRCR
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager
Executive Summary: The North Carolina Division of Parks and Recreation administers both the Adopt-A-Trail and the Recreational Trails Program (
Discussion:
Adopt-A-Trail:
The Adopt-A-Trail grant program provides awards of $5,000 to be used for trail building, trail maintenance, trailside signage, trail maps and brochures or similar uses. No funding match is required.
Staff recommends that an Adopt-A-Trail grant application be made to assist in the funding for the American Tobacco Trail (PR1113). Specifically, the grant would be used for the design and installation of trailside signs along this 4.67 mile trail which is due to be completed by late January 2010.
Recreational Trails Program (
The intent of the
Staff recommends that an
Fiscal Impact: There will be no fiscal impact for the Adopt-A-Trail grant since it requires no matching funds, and the funding for the NC Highway 55 Multi-use Trail project for which the
Staff Recommendation: Staff recommends approval of submission of the 2010 Adopt-A-Trail grant application and the 2010 Recreational Trails Program grant application.
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
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b. Resolution Endorsing the Center of the Region
Committee unanimously recommended approval of a resolution to endorse the updated plan for the Center of the Region Enterprise Plan.
STAFF REPORT
Planning and Development Committee,
Resolution Endorsing the Center of the Region
Consideration of a resolution to endorse the updated plan for the Center of the Region Enterprise Plan
Speaker: Ms. Mary Henderson
From: Mary G. Henderson, Director, PRCR
Prepared by: Doug McRainey, Parks Planning Manager, PRCR
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek,
Executive Summary: The purpose of this staff report is to request Town Council to endorse the Center of the Region Enterprise Plan (CORE), (see Exhibit A attached to and incorporated herein) an update of an earlier plan completed in 2005. CORE is a partnership to identify and articulate greenway and bikeway opportunities in a 60-square mile area in the center of the Triangle. A resolution is required for the endorsement of this plan. Both the Greenway Committee and the PRCR Advisory Board have reviewed this resolution and recommend approval.
Background:
The
This plan was originally adopted in 2005, after the
During the spring and summer of 2008, the Technical Advisory Committee of staff from the member jurisdictions gathered again to update the original document. Three major issues were addressed: Updates to maps and data to reflect completed bike and greenway segments, filling in trails, bike routes, mixed use centers and green space in the expanded
Discussion: The plan identifies ways to connect the pedestrian and bicycle infrastructure in the
In terms of priorities, of the six top corridors that were prioritized, three of these are within the Town of
These include:
1. The Black Creek Greenway-Bond Park-White Oak Creek Greenway corridor, which will ultimately link to Umstead State Park, Lake Crabtree County Park, and the American Tobacco Trail is considered one of three major regional opportunities which, when completed, will help link Raleigh and Durham by off-road trail, providing significant local and regional recreation opportunities; and
2.
3. The Black Creek Greenway-Lake Crabtree-Crabtree Creek-Morrisville/Carpenter Trail connector represents the third priority of the Core Plan. This is a key east-west link that connects
These three trail corridors provide a key backbone in the
The partners in this planning effort have agreed to provide
A resolution is required to officially endorse the plan. Both PRCR’s Greenway Committee and Advisory Board unanimously recommended approval of the resolution.
RESOLUTION
ENDORSING THE
WHEREAS the communities in the center of the Triangle are growing rapidly; and
WHEREAS providing safe and efficient transportation, recreation, and green space facilities are essential to maintaining a high quality of life; and
WHEREAS a linked network of pedestrian and bicycle facilities will provide greater mobility and access to desired destinations for residents and workers in the center of the region; and
WHEREAS a linked network of green space will help protect water quality, preserve environmental health, and provide recreational opportunities; and
WHEREAS the Triangle region has been designated by the U.S. Environmental Protection Agency as a maintenance area for ground-level ozone air pollution; and
WHEREAS travel on foot, by bike, and by public transit helps reduce traffic congestion and reduce air pollution; and
WHEREAS nearly two-thirds of adults in North Carolina currently do not get enough regular physical activity, costing taxpayers and businesses more than $9.7 billion every year statewide in medical care and lost productivity; and
WHEREAS well-planned pedestrian, bicycle, and green space infrastructure helps promote regular physical activity and support recreation-based tourism; and
WHEREAS staff from six local governments and four partner organizations have diligently worked together to prepare the
WHEREAS the
WHEREAS this project is an important example of regional cooperation; and
WHEREAS the implementation of this plan will help the participating local governments and other project partners maximize the benefits of the investments they make in pedestrian, bicycle, and green space facilities.
THEREFORE, BE IT RESOLVED THAT THE CARY TOWN COUNCIL:
Recognizes the efforts of the elected officials and staff of the project partners in preparing the
Pledges to continue working in partnership with the other communities and organizations involved in the project to implement the
Commits to actively using the plan to help make local planning and project funding decisions; and
Pledges that the Town of Cary will work closely with other project partners to identify a set of priority projects from the plan for which to jointly seek special funding; and
Agrees that the Town of Cary will provide updated data on bicycle, pedestrian, and green space projects in the center of the region to the Triangle J Council of Governments on an annual basis; and
Pledges that the Town of
Fiscal Impact: There are no operating impacts associated with this specific staff report. Approval of the resolution does not require funding for any project.
Staff Recommendation: Staff recommends approval of the resolution endorsing the
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
(Resolution No. 2010-06 is also on file in the town clerk’s office.)
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c. Public Art Enhancements to C-Tran Shelters (PR10-018)
Committee unanimously recommended approval of: 1) a public art concept to incorporate art in the C-Tran bus shelters by enhancing the glass windscreens with etchings; 2) the introduction of patterns taken from wallpaper designs from historic buildings as the basis for different etchings for each shelter; and 3) the introduction of color for the shelter benches to coordinate with the blue C-Tran bus color; and 4) the incorporation of the art enhancement as a design standard for the bus shelters to be included in future installations.
Planning and Development Committee,
Public Art Enhancements to C-Tran Shelters (PR10-18)
Consideration of acceptance of design concept for integrated art enhancements for
Speaker: Ms. Denise Dickens
From: Mary G. Henderson, Director, PRCR
Prepared by: Denise Dickens, Public Art Coordinator and
Ray S. Boylston, Transit Services Administrator
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Mike Bajorek,
Executive Summary: Project artist Susan Harbage Page has developed a concept for a series of windscreens for future bus shelters that are based on patterns from historic wallpapers from
Background: As part of the FY 2009 Capital Improvements Budget, Council approved $30,000 for a public artist to design unifying series of designs for C-Tran’s six fixed routes and produce a prototype shelter. On September 24, 2009 , Council approved contracting with artist Susan Harbage Page of Chapel Hill , NC
Discussion: The artist has developed a concept to work within the existing prefabricated shelter style that has been identified for installation. The use of this shelter offers a cost-effective approach to integrated public art and can bring a distinctive and attractive appearance to the C-Tran system. The current structure’s classic hip-roof style has a home town look and feel, and the incorporation of solar lighting offers long-term cost savings, location flexibility, and safety feature.
The shelter’s back windscreen is made up of six vertical panels of safety glass. The artist design concept is to enhance these glass panels with etchings. The panels’ transparency and safety requirements can be maintained with the etching enhancements. Cost efficiency and use of existing shelter design were overriding parameters for the project’s development for the shelter series. Working within the windscreen of the shelter design offers a cost-efficient solution to incorporate public art.
The artist has further developed the concept to incorporate patterns from wallpaper designs (see Exhibit B attached to and incorporated herein) from historic buildings in
The shelter benches are actually attached to the shelter. They are aluminum and can be painted at the factory to coordinate with
The artist’s design concept was developed from her research of
The current shelter’s hip-roof style reminded her of a house roof, and making the shelter’s interior experience more homelike fit with the vertical glass panels which are almost exactly the dimension of wallpaper. Several of the archival photos of the Page-Walker prior to its renovation inspired the theme for the glass panels. If Council approves the concept recommendation, the artist plans to revisit several historical sights to research additional wall coverings.
Other concepts that Ms. Page considered after listening to citizens and doing her research were
The design concept is also a visual experience for the vehicular driver. The simple approach is attractive but not distracting to drivers. The transparent glass with etched pattern will provide a visible and safe environment for passengers waiting for the bus. Solar-powered lighting will allow for flexibility in shelter locations and be more environmentally friendly.
The Public Art Master Plan places priority on integrated art approaches. The Master Plan specifically identifies “Connectivity” Transportation, unique functional infrastructure, and neighborhoods as important focus areas for public art. This project offers a unique opportunity to address those goals and to further enhance C-Tran.
This project will directly impact the aesthetics and high design standards of
Concept Review Process: Broad goals for the project guided the concept development and included:
· Create a sense of place.
· Uniquely
· Provide continuity between C-Tran bus routes.
· Welcoming, family friendly.
· Fun and inviting.
· Sensitive to the needs of the disabled.
· Respect inherent climate, maintenance, and structural considerations for materials.
At its December meeting, the Public Art Advisory Board reviewed Ms. Page’s design concept and responded that it was an aesthetically and broadly pleasing concept. The Board voted unanimously to recommend the concept to Council for Ms. Page to continue designing the unifying series of bus shelters for the Town of
Fiscal Impact: $30,000 was appropriated in FY 2009 to the PR1137 – Public Art Bus Shelters project for an artist to design a unifying series for six fixed routes and prototype shelter.
The additional cost of the enhancement per shelter is $2,000 to $2,500. The artist’s contract includes the cost to complete one bus shelter project. The budget for the bus shelters is $10,000 per unit. With the prefabricated shelter purchase, installation, as well as the enhanced public art feature, the future shelters remain within the budgeted $10,000 per shelter.
Staff Recommendation: Staff recommends the following:
- Approval of public art concept to incorporate art in the C-Tran bus shelters by enhancing the glass windscreens with etchings;
- Approval to introduce patterns taken from wallpaper designs from historic buildings as the basis for different etchings for each shelter;
- Approval to introduce color for the shelter benches coordinating with the blue C-Tran bus color; and
- Approval to incorporate the art enhancement as a design standard for the bus shelters to be included in future installations.
ACTION: Mrs. Adcock moved to approve the consent agenda. Mrs. Robison provided the second; council granted unanimous approval.
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C. RECOGNITIONS, REPORTS,
1. Recognition of Kelvin Creech, Cary/Apex Water Treatment Facility Manager, for winning the best tasting water contest at the State American Water Works Association conference. (Mr. Steve Brown)
Director of Public Works and Utilities Mr. Brown recognized Mr. Creech.
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2. Town Manager’s operational report (Mr. Ben Shivar)
Mr. Shivar stated the following:
• The development revenue has remained steady, but it is lower than in past years. These trends are consistent with budget projections.
• There are 22.5 positions held open, in which funding has been eliminated.
• There are 7.5 positions that are being held open for which funds are available at this time but might be eliminated later in the year. Department directors will need to submit full justification before any funds are appropriated for these positions.
• The water/sewer fund is consistent with projections.
Mr. Fogleman reviewed the General Fund Operating Margin PowerPoint presentation, which is attached to and incorporated herein as Exhibit C. He stated activity is in line with budget expectations at this time.
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D. PUBLIC SPEAKS OUT (one hour time limit)
Ms. Jane Pope spoke about the day care ordinance amendment. The current state law allows her to watch five preschool and three school-aged children. She said the proposed special use permit application is a complicated process and will cost $250, which many providers cannot afford. She stated that often there are siblings at the home day care, which means no additional traffic. Ms. Pope asked for clarification of the three-parking space stipulation within the ordinance.
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E. PUBLIC HEARINGS
1. Rezoning 09-REZ-14 (
Location: Southwest corner of
Current Zoning: Chatham County R1
Proposed Zoning: Residential 40 (R-40)
Acreage: 1.56 ±
Speaker: Mrs. Debra Grannan
Proposed Action: Council may forward to the
REQUEST
To amend the Town of
Location: The subject property is located southwest of the intersection of
Town Limits: The subject property was annexed into the Town of
Deeded Acreage: 1.56 ±
Existing Zoning:
Proposed Zoning: Residential 40 (R-40) and Watershed Protection Overlay District for
Existing Land Use Designation: Very Low Density Residential (VLDR)
Proposed Land Use Designation: No change
Protest Petitions: To be determined prior to the public hearing.
NOTE: The purpose of the rezoning is to determine whether on not the land uses and densities allowed in the proposed zoning district are appropriate for the site.
|
SUBJECT PARCELS | |||
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Property Owner(s) |
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Real Estate ID(s) |
Deeded Acreage |
|
Marquis Homes & Company |
0726-41-5782 portion |
63642 portion |
1.56 ± |
|
8368 | |||
|
| |||
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Total Area |
1.56 ± | ||
TENTATIVE SCHEDULE
Town Council Public Hearing:
Planning & Zoning Board Meeting:
Town Council Action:
contact Information
Staff Contact: Debra Grannan, Senior Planner 919 460-4980 debra.grannan@townofcary.org
PROJECT SUMMARY
The subject property was annexed into the Town of
Existing Land Use: Vacant
Land Use Plan Designation: Very Low Density Residential (VLDR)
Streams:
Floodplain or Wetlands: None indicated on Cary Maps.
Surrounding Land Uses and Zoning
North - Single-family residential (Chatham County R1)
South - Vacant, approved for single-family residential (Amberly PDD)
East - Vacant, and single-family residential (Amberly PDD)
West - Single-family residential and agricultural (Chatham County R1)
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CONSISTENCY WITH | |||
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Density and Dimensional Standards |
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Existing Zoning |
Proposed Zoning District R40 |
|
Max. Gross Density |
1 du/acre |
1.08 du/acre | |
|
Min. Lot Size |
40,000 sq. ft. |
40,000 sq. ft. | |
|
Minimum lot Width |
100 feet 110 feet for two-family dwelling |
With septic Tank/well: 150 feet (160 for corner lot) | |
|
With public sewer: 125 feet (135 for corner lot) | |||
|
Front Yard Setback |
40 feet |
From thoroughfare: 50 feet From collector: 30 feet From other streets: 20 feet | |
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Side Yard Setback |
25 feet |
With septic tank/well: 20 feet | |
|
With public sewer: 15 feet | |||
|
Rear Yard Setback |
25 feet |
30 feet | |
|
Maximum Bldg. Height |
60 feet |
35 feet | |
|
Streetscape |
Because it is classified as a 2-lane residential collector road, no streetscape is required along | ||
|
Traffic |
The proposed zoning of R-40 on this 1.56 acre parcel would generate | ||
SUMMARY OF PROCESS
Notification
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 be 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
Northwest Area Plan
The subject parcel is located within the boundary of the Northwest Area Plan, found in the Land Use Plan volume of the Town’s Comprehensive Plan. The land use designation for the subject parcel is Very Low Density Residential (VLDR). Very Low Density Residential (VLDR) is defined as single-family detached, 2- to 3-acre minimum lot size, or up to one unit per acre when using Conservation Subdivision Design.
The subject parcels are located within the boundary of the draft Chatham-Cary Joint Land Use Plan. This plan is not yet adopted: however, the current draft of the plan shows a designation of 1-2 dwelling units per acre for the subject parcel.
Growth Management Plan
The Growth Management Plan includes the following Guiding Principles which are relevant to this case:
1. R1 Guiding Principle: Ensure that adequate infrastructure and services are available concurrently with 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.
3. A2 Guiding Principle: Ensure that the overall amount of development in
Affordable Housing Plan
Based upon the proposed land use, the Affordable Housing Plan is not applicable.
Comprehensive Transportation Plan
O’Kelly Chapel Road is designated as a Major Thoroughfare
Existing Section - 2-lane major thoroughfare, approximately 60’ R/W.
Future Section - 4-lane divided with landscaped median, 100’ R/W.
Sidewalks - Sidewalk required on both sides.
Bicycle lanes - Wide outside lanes required.
Transit - No requirements.
Status of Planned Improvements - None scheduled by the Town.
Existing Section - 2-lane road, approximately 50’ R/W.
Future Section - 2-lane road, approximately 50’ R/W.
Sidewalks – None.
Bicycle lanes – None.
Transit - No requirements.
Status of Planned Improvements - None scheduled by the Town.
Parks & Greenways Master Plan
According to the Parks, Recreation & Cultural Resources Facilities Master Plan, there are no issues associated with this site. A recreation payment-in-lieu would be required for residential development in accordance with the LDO.
Open Space and Historic Resources Plan
As per the Open Space and Historic Resources Plan, there are no special plant communities or historic resources on the subject parcel.
ORDINANCE FOR CONSIDERATION
AN ORDINANCE TO AMEND THE OFFICIAL ZONING
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
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) | |||
|
Marquis Home & Company |
0726-41-5782 portion |
63642 portion |
1.56 ± |
|
8368 |
|
|
|
|
|
|
|
|
|
Total Acres |
1.56 ± | ||
Section 2: That initial Zoning of Residential 40 (R-40) and Watershed Protection Overlay District for Jordan Lake is applied to these Properties subject to 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 on _________________.
Staff’s PowerPoint presentation is attached to and incorporated herein as Exhibit D.
Mayor Weinbrecht opened the public hearing. No one spoke; the mayor closed the public hearing.
Mr. Portman asked if staff received feedback from
ACTION: Council forwarded 09-REZ-14 to the
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F.
1. Land Development Ordinance Amendments Round 13, Item G
Subject: Consideration of a proposed amendment to the Land Development Ordinance pertaining to adult businesses
Speaker: Ms. Mary Beerman and Ms. Kelly Commiskey
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 and Zoning Board contained in the case report, approval of these text amendments 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 these amendments are reasonable and in public interest.
Planning and Zoning Board Recommendation: Recommended approval 4-3
Proposed Council Action: Council may take action
(Directed staff to amend the text to (1) recognize licensed massage and body work therapists, and (2) remove the General Commercial and Town Center designations from the areas where adult businesses may be established and keep all remaining areas and require special use. Staff will bring the revised ordinance text to a future council meeting)
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2. Land Development Ordinance Amendments (Round 13, Item A)
Subject: Consideration of a proposed amendment to the Land Development Ordinance pertaining to Day Care Homes
Speaker: Ms. Debra Grannan and Ms. Kelly Commiskey
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 and Zoning Board contained in the case report, approval of these text amendments 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 these amendments are reasonable and in public interest.
Planning and Zoning Board Recommendation: Recommended approval 6-1
Proposed Council Action: Council may take action
(Approved)
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3. Land Development Ordinance Amendments Round 13, Item J
Subject: Consideration of a proposed amendment to the Land Development Ordinance pertaining to low-density residential use in the
Associated Case: 09-REZ-13
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 and Zoning Board contained in the case report, approval of these text amendments 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 these amendments are reasonable and in public interest.
Speaker: Ms. Debra Grannan and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: Recommended approval 5-2
Proposed Council Action: Council may take action
(Approved)
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4. Rezoning 09-REZ-13
Location: Properties within the
Current Zoning: Town Center Low Density Residential (TC-
Proposed Zoning: Town Center - Low Density Residential 12 (TC-
Acreage: 35.39 ±
Associated Case: LDO Amendment Round 13 Item J
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.
Speaker: Ms. Debra Grannan and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: Recommended approval 6-1
Proposed Council Action: Council may take action
(Approved)
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G. COMMITTEE REPORTS (discussion items)
Planning and Development Committee,
N/A
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H. OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)
1. Update on the southeast rail high speed initiative. (Mrs. Robison)
Mrs. Robison reported that the EPA announced today a $545 million high speed rail investment through the Recovery and Reinvestment Act. Of that total, $520 million is allotted for allowing a higher speed between 90 and 100 mph along the corridor from Raleigh and Charlotte, and $25 million is allotted for improvements to the existing service from
Mrs. Robison said grade separation crossings at
Mrs. Robinson asked if the train will continue to stop in
Mayor Weinbrecht stated staff will compile correct, up-to-date information and submit it to the council for a work session in the near future.
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I. CLOSED SESSION
Closed session was not called.
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J. ADJOURNMENT
ACTION: At
