a. Consideration of approval of the minutes of the regular town council meeting held on July 15, 2004.

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1 REGULAR MEETING OF THE CARY TOWN COUNCIL Thursday, 6:30 PM Temporary Council Chambers Herb Young Community Center 101 Wilkinson Avenue, Cary, N.C. PRESENT: Mayor Ernie McAlister, Mayor Pro Tem Jack Smith, Council Members Marla Dorrel, Mike Joyce, Jennifer Robinson, Julie Robison, and Nels Roseland A. COMMENCEMENT 1. Call to Order Mayor McAlister called the meeting to order at 6:30 p.m. 2. Ceremonial Opening Council Member Roseland provided the ceremonial opening. B. CONSENT AGENDA The council pulled the following items from the consent agenda for discussion: item B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. 1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the beginning of the old/new business portion of the agenda) a. Consideration of approval of the minutes of the regular town council meeting held on July 15, ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. b. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexation petitions: (1) 04-A-17, SAS Institute and Reedy Creek Investments, LLC, 8.30 acres PETITION #: OWNER & ADDRESS: ADDRESS OF PROPERTY: 04-A-17 SAS Institute and Reedy Creek Investments LLC 700 Research Drive Cary, NC Research Drive Page 1

2 LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: 1,390 feet east of intersection of North Harrison Avenue and Research Drive 04-REZ SP-117 % CONTIGUITY: 20.1% UTILITIES: Water: on site Sewer: 8" PVC 340' east WAKE CO. PARCEL ID #: Partial , Partial REALID NUMBER: Partial , Partial AREA: 8.30 acres + 0 acres of adjacent right-of-way TOTAL ACREAGE: 8.30 ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential 40 (R-40) Office Western Wake B TAX VALUE: $165,560 CORPORATE LIMITS: Contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 8/12/2004 Public Hearing: 9/9/2004 PROPOSED EFFECTIVE DATE: 9/9/2004 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Resolution is on file in the town clerk s office and is incorporated in these minutes by reference.) (2) 04-A-18, Roger and Donna D Jernes and David and Karen Hushek, 2 acres PETITION #: OWNER & ADDRESS: 04-A-18 Roger and Donna D'Jernes 301 Cranborne Lane Cary, NC Page 2

3 David and Karen Hushek 124 Prestonian Place Morrisville, NC ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: 1801 Davis Drive 1,850 feet northwest of intersection of Davis Drive and Park Village Drive None None % CONTIGUITY: 100.0% UTILITIES: Water: 6" DIP 50' east Sewer: 8" PVC 120' south WAKE CO. PARCEL ID #: REALID NUMBER: AREA: 2.00 acres + 0 acres of adjacent right-of-way TOTAL ACREAGE: 2.00 ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential 40 (R-40) Residential HIPEX A TAX VALUE: $48,000 CORPORATE LIMITS: Contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 8/12/2004 Public Hearing: 9/9/2004 PROPOSED EFFECTIVE DATE: 9/9/2004 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Resolution is on file in the town clerk s office and is incorporated in these minutes by reference.) Page 3

4 (3) 04-A-19, John E. Brown, 6.26 acres and Starcraft Builders, Inc., 0.33 acre PETITION #: OWNER & ADDRESS: ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: Part 1 04-A-19 John E. Brown 740 Loch Highlands Drive Raleigh, NC Glade Hill Drive 1,330 ft west of intersection of Optimist Farm Rd. and West Lake Rd. None None % CONTIGUITY: 0.0% UTILITIES: WAKE CO. PARCEL ID #: REALID NUMBER: AREA: Water: 8" DIP 610' northeast Sewer: on site , , , , , , , , , , , , , , , , , , , , , , , , , , acres acres of adjacent right-of-way TOTAL ACREAGE: 6.26 ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential 30 Wake (R-30W) Residential Fairview C TAX VALUE: $560,000 CORPORATE LIMITS: Non-contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 8/12/2004 Public Hearing: 9/9/2004 PROPOSED EFFECTIVE DATE: 3/9/2005 Page 4

5 PETITION #: OWNER & ADDRESS: ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: Part 2 04-A-19 Starcraft Builders, Inc. 728 Piney Grove Wilbon Road Holly Springs, NC Glade Hill Drive 1,330 ft west of intersection of Optimist Farm Rd. and West Lake Rd. None None % CONTIGUITY: 0.0% UTILITIES: Water: 8" DIP 610' northeast Sewer: on site WAKE CO. PARCEL ID #: REALID NUMBER: AREA: 0.33 acres + 0 acres of adjacent right-of-way TOTAL ACREAGE: 0.33 ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential 30 Wake (R-30W) Residential Fairview C TAX VALUE: $40,000 CORPORATE LIMITS: Non-contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 8/12/2004 Public Hearing: 9/9/2004 PROPOSED EFFECTIVE DATE: 3/9/2005 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Resolutions and are also on file in the town clerk s office and are incorporated in these minutes by reference.) Page 5

6 (4) 04-A-20, BMF Partners, LLC, acres PETITION #: OWNER & ADDRESS: ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: 04-A-20 BMF Partners LLC 740 Loch Highlands Drive Raleigh, NC Piney Branch Drive 1,450 feet south of intersection of Optimist Farm Road and West Lake Road None None % CONTIGUITY: 0.0% UTILITIES: WAKE CO. PARCEL ID #: REALID NUMBER: AREA: Water: on site Sewer: 8" PVC 1,000' west , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , acres acres of adjacent right-of-way TOTAL ACREAGE: ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential 30 Wake (R-30W) Residential Fairview C TAX VALUE: $832,000 CORPORATE LIMITS: Non-contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 8/12/2004 Public Hearing: 9/9/2004 PROPOSED EFFECTIVE DATE: 3/9/2005 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV Page 6

7 ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Resolution is on file in the town clerk s office and is incorporated in these minutes by reference.) c. Consideration of approval of the tax report that was adopted by the Wake County Commissioners on July 12, The Wake County Board of Commissioners, in regular session on July 12, 2004, approved and accepted the following tax report for the Town of Cary. Refunds of taxes, interest and penalties $ Relief of late list penalty 3 Relief of late filed application 0 Non-cash rebates 255 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. d. First reading of the proposed amendment to the Cable TV ordinance. This item was pulled from the consent agenda for discussion. e. First reading of the proposed Cable TV franchise agreement. This item was pulled from the consent agenda for discussion. 2. Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board s discussion portion of the agenda) a. ACTIVITY CENTER CONCEPT PLAN 04-AC-001 (Morrisville Parkway Activity Center Concept Plan) This request is to approve an activity center concept plan for a portion of the Morrisville Parkway Neighborhood Activity Center, to construct 153,546 square feet of commercial development in the southeast corner of Carpenter Upchurch Road and Morrisville Parkway, 20,000 square feet of office development and 33,100 square feet of commercial development southeast of the proposed intersection of Morrisville Parkway and Louis Stephens Road, 93 townhouse units located northeast of the intersection of Carpenter Upchurch Roads and Morrisville Parkway, and 16 single-family lots located southeast of Morrisville Parkway and the proposed Louis Stephens Road. Page 7

8 Planning & Zoning Board Recommendation: Staff Recommendation: The Planning and Zoning Board unanimously recommended approval of the plan. Staff recommends approval of the plan. PROPOSED SCHEDULE OF MEETINGS TOWN COUNCIL PUBLIC HEARING May 13, 2004 (No concerns or issues were expressed or discussed at the public hearing.) PLANNING & ZONING BOARD July 19, 2004 TOWN COUNCIL PROJECT DESCRIPTION The applicant has requested approval of an Activity Center Concept Plan for the northeast, southwest and southeast quadrants of the intersection of Morrisville Parkway and Louis Stephens Road. The quadrants comprise the core area of the Morrisville Parkway Neighborhood Activity Center. The Concept Plan includes two schemes for development: one scheme designed around the possible future at-grade crossing of Morrisville Parkway at Carpenter Upchurch Road; and another scheme designed around the possible Morrisville Parkway flyover at Carpenter Upchurch Road. Both schemes include commercial, office, townhouse, and single-family development. A Morrisville Parkway Activity Center Summary Chart is provided herein summarizing the existing and proposed land use allocations within this Activity Center. Architectural design guidelines for the Activity Center would comply with Cary Design Guidelines and would be established with the submittal of the first development plan. PARCEL INFORMATION Parcel # Realid # Area acres acres acres acres Total Acreage acres Page 8

9 ZONING AND ACTIVITY CENTER COMPLIANCE Existing Zoning: Office/Institutional Conditional Use (OI CU), northeast of the intersection of Carpenter Upchurch Road and Morrisville Parkway General Commercial Conditional Use (GC CU), southeast of the intersection of Carpenter Upchurch Road and Morrisville Parkway Residential Multi-family Conditional Use (RMF-C), southwest of the proposed intersection of Morrisville Parkway and Louis Stephens Road Residential-12 Conditional Use (R-12 CU), southeast of the proposed intersection of Morrisville Parkway and Louis Stephens Road Overlay District: Neighborhood Activity Center Town Limits: Portions of the property are located outside Cary s town limits. The property is located within a Neighborhood Activity Center (NAC). A NAC is intended to facilitate the development of an activity center at the neighborhood scale. Neighborhoods are contiguous areas, generally containing approximately 600 to 1,500 dwellings or approximately 1,500 to 3,500 people. Neighborhood Activity Centers may also contain approximately 125,000 square feet of both commercial development and office development. Commercial and office development should not exceed this square footage by more than 50,000 square feet. The NAC should contain facilities vital to the day-to-day activities of a neighborhood (e.g., grocery, drug store, church, service station) located in close proximity to one another; should contain the neighborhood s highest-density housing; and should be located to facilitate pedestrian travel between the two areas. The chart below shows land use categories, land use plan allowances, developed land uses, proposed land uses for each of the two development schemes, and remaining land use allowances. MORRISVILLE PARKWAY NEIGHBORHOOD ACTIVITY CENTER SUMMARY INFORMATION Land Use Land Use Plan Allowance Existing Land Uses Proposed Land Uses ACCP 1 Remaining Land Use Allowance Proposed Land Uses ACCP 2 Remaining Land Use Allowance Residential 1,500 units 307 units 164 units 1,029 units units Commercial 125,000 sf. 2,186 sf. 129,895 sf. -7,081 sf. 133,096 sf -10,282 sf Office 125,000 sf. 0 47,000 sf. 78,000 sf. 47,000 sf 78,000 sf Total Combined Commercial & Office 250,000 sf. 2,186 sf. 176,896 sf. 78,000 sf. 180,096 sf 78,000 sf Page 9

10 BUILDING & LANDSCAPE Architectural and landscape design criteria would comply with Cary s Activity Center Design Guidelines and would be established at the time of submittal of the first development plan. PROPOSED CARPENTER HISTORICAL DISTRICT The northwestern side of the Morrisville Parkway ACCP adjoins the southern boundary of the proposed Carpenter Historical District. The Morrisville Parkway ACCP proposes townhouse and office development in this area of the plan and would adjoin similar and compatible type uses within the Carpenter Historical District. Carpenter Upchurch Road may be realigned in a westward direction north of the Morrisville Parkway and the Carpenter Upchurch Road intersection so that traffic traveling north on Carpenter Upchurch Road would be routed around the existing historic village location at Carpenter Fire Station Road. (The existing Carpenter Upchurch Road would remain at its current location, but would no longer function as the primary roadway connecting to Carpenter Fire Station Road.) The Engineering Department advises that re-routing a portion of Carpenter Upchurch Road would have no effect on Morrisville Parkway traffic volumes or on the level of service at the intersection of Morrisville Parkway and Carpenter Upchurch Road. TRAFFIC This Activity Center Concept Plan provides a range of uses at similar densities as the underlying zoning districts. Therefore, no Traffic Impact Study is required at this time. Page 10

11 ROADWAY DESIGN The access appears to be similar for both scenarios, with or without a grade-separated intersection of Carpenter Upchurch and Morrisville Parkway. Town Projects Underway: Morrisville Parkway: Phase 1A (from Louis Stephens Drive to Carpenter-Upchurch Road ) is under construction (summer 2004 completion). Phase 1B (from Louis Stephens Drive to Preston Village North includes bridge) is under design. Description - Four lanes with a median, sidewalk on both sides, and wide outside lanes to accommodate bicycles. **It has not yet been determined by CSX whether the Morrisville Parkway railroad crossing will be at-grade or grade-separated. Based on their decision, this concept plan could require changes near the Morrisville Parkway/Carpenter-Upchurch Road intersection. Staff hopes to get at least a preliminary answer from the railroad within the next 6 to 8 months. Louis Stephens Drive: Phase 1A (along elementary school frontage) - Construction ends summer Phase 1B (from Heritage Pines development to Morrisville Parkway and from Carpenter Village to Morrisville-Carpenter Road) - Appraisals for right-of-way and easements begin spring (Real estate agent meets with affected property owners when appraisals complete.) Construction ends summer Description - Road width to vary between three undivided lanes, five undivided lanes, and four lanes with median; sidewalks on both sides; wide outside lanes to accommodate bicycles; and traffic signals at Morrisville Parkway intersection and at Koppers Road and Morrisville Carpenter Road. Developer Responsibilities: Carpenter-Upchurch Road must be widened to collector street standards along the project frontage. UTILITIES The proposed project will be required to comply with all town water and sewer standards. Page 11

12 PARKS & GREENWAYS There will be a required payment-in-lieu in place of parkland dedication for the value of 4.63 acres. The proposed project includes several greenways as proposed on the Parks, Recreation and Cultural Resources Facilities Master Plan. The Town agrees to reduce the required payment-inlieu for construction of the following trails: 1,200 of Carpenter Village Greenway (w/ 30 greenway easement) 700 of Carpenter-Upchurch Greenway (w/ 30 greenway easement) The developer agrees to construct the following trails at no cost to the Town. 900 of Morrisville Parkway Multi-Use Trail 800 of Louis Stevens Multi-Use Trail STORM WATER The proposed project will be required to comply with all stormwater requirements of the Town of Cary. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. b. ACTIVITY CENTER CONCEPT PLAN 04-AC-002 (Crossroads Activity Center Concept Plan, Crossroads Ford) This request is to approve an activity center concept plan to construct approximately 133,000 square feet of indoor new car and truck sales with no servicing or repair of vehicles. The property contains acres and is zoned Office and Institutional and is proposed for Low Intensity Commercial. The property is located at 2323 Walnut Street, approximately 350 south of the intersection with Dillard Avenue. This item was pulled from the consent agenda for discussion. c. REZONING PETITION 04-REZ-04 / LAND USE PLAN PETITION 04-LPA-02 (1800 Old Reedy Creek Road) This request encompasses five parcels located at 1800 Old Reedy Creek Road. The property is located approximately 770 north of the intersection of Old Reedy Creek Road and Weston Parkway. The current zoning is Residential-40; the proposed zoning is Office, Research, and Development Conditional Use. Page 12

13 Town Council Public Hearing The requested Land Use Amendment is to change the low density designation to office and industrial. The property contains approximately 7.4 acres. Meeting Date Recommendation Action Staff recommends forwarding the request to May 13, 2004 the July 19, 2004 Planning and Zoning Board meeting Board Planning and Zoning Board July 19, 2004 Staff recommends forwarding to August 12, 2004 Town Council meeting Town Council forwarded the case to the July 19, 2004 Planning and Zoning Planning and Zoning Board forwarded to Town Council with recommendation of approval STAFF RECOMMENDATION The staff recommends approval of the requested Land Use Plan amendment and rezoning. The property is located between the office uses found in Weston and the Town s water reclamation facility. The use is compatible with the surrounding uses, and is more compatible with the area than the current residential zoning and land use classifications. The property, just off Weston Parkway, provides ample access for users of the property, and nonresidential development will have fewer conflicts with the proximity of the water reclamation facility than residential development. Mattias M. Gould P.O. Box Raleigh, N. C (919) APPLICANT Mattias M. Gould P.O. Box Raleigh, N. C (919) OWNER LOCATION Completely within the Town limits Page 13

14 PROJECT DESCRIPTION The applicant proposes an office park and warehouse development. The property will contain a maximum of 75,000 square feet of floor area in several buildings, with at least 25% of that area being warehousing. The project contains the following conditions: 1. Buildings shall be brick façade. 2. Coloring will be in the earth tone shades. 3. Total building shall be 75,000 sq ft with at least 25% warehouse space. 4. Streets shall be private. 5. Building height shall not exceed two stories except where the topography allows for a lower level. 6. The following uses will be allowed: a. Business or professional office, private Postal Center, Research Laboratory, Light Manufacturing, Prototype Process and Production Plant, Warehousing and Distribution Establishment, Wholesale Establishment. Parcel Acreage Total 7.4 APPLICANT S JUSTIFICATION STATEMENT The surrounding properties are commercial and Cary Town lands. This site has been voluntarily annexed into the city limits with city water and sewer running adjacent to the property boundary. This makes it an ideal location for the various uses selected in the ORD zoning guidelines. Current Land Use: Single Family Residential, Vacant CURRENT USE & ZONING Proposed Land Use: Office and Warehouse Current Zoning: Residential 40 (R40) Proposed Zoning: Office Research and Development Conditional Use (ORDCU) Page 14

15 Existing Use ADJACENT ZONING & LAND USES Existing Zoning Existing Land Use Designation North: Cary Water Reclamation Facility ORD, Office, Research and Development OFC/IND, Office and Industrial East: Cary Water Reclamation Facility ORD, Office, Research and Development Most of it is OFC/IND, Office and Industrial A small portion is PKS, Parks, Open Space, Greenways South: A single family residence R-40 Residential OFC/INST, Office and Institutional West: On the east side of Old Reedy Creek Road, a single family residence and vacant land Across Old Reedy Creek Road, vacant land On the east side of Old Reedy Creek Road, R-40, Residential Across Old Reedy Creek Road, PDD Major, with an Office and Institutional designation OFC/INST, Office and Institutional Comprehensive Plan Analysis Open Space Considerations Parks and Greenways PLANNING Staff supports the proposed Land Use Plan amendment. The current designation of LDR reflects existing uses at Plan adoption in 1996, prior to the North Cary Water Reclamation Facility expansion. OFC/IND uses are now considered to be more appropriate adjacent to this facility. No open space or historic resources are located on this site. There are no Parks, Recreation, and Cultural Resources issues, i.e. payment-in-lieu or greenway dedication, for non-residential property. Transit: This location is within the C-Tran, Cary Transit service area. Pedestrian: Transportation Planning Sidewalk is required on both sides of all new/improved thoroughfares and new collectors, and one side of all new residential streets. Bicycle: Fourteen (14 ) feet wide outside lanes are required on all new Page 15

16 thoroughfares. Four-(4) foot wide striped bike lanes may be required on any new collector (determined on a case-by-case basis). Transportation Plan Element: Old Reedy Creek Road is proposed to have an ultimate 45 backto-back cross section along the subject rezoning frontage. An ultimate 120 right-of-way is required to allow for the construction of an interchange in the future if required by traffic studies. The developer will be required to widen the road to one-half the ultimate section and dedicate one-half the ultimate right-of-way along the project frontage in conjunction with site development. School Information This is not a residential product, so school information is not applicable. ENGINEERING Environmental Considerations Utilities (Water and Sewer) Traffic Impact Analysis This project meets all of the requirements of the Stormwater section of the Engineering Department. The proposed development will be required to comply with all TOC utility policies and standards. A development of 75,000 sq.ft. office complex with at least 25% warehouse, during the AM peak hour, will generate 97 trips and the PM peak hour will generate 93 trips. The Average Daily Traffic volume is 712 trips per day. No Traffic Impact Study required. PARCEL & OWNER INFORMATION: Property Owner(s) County Parcel Number Real Estate ID(s) Area (Acres) Mattias M. Gould 1800 Old Reedy Creek Road Cary, N. C Mattias M. Gould 1806 Old Reedy Creek Road Cary N. C Mattias M. Gould 1804 Old Reedy Creek Road Cary N. C Mattias M. Gould 1810 Old Reedy Creek Road Cary N. C (2.43 calc) (1.01 calc) (0.99 calc) (0.90 calc) Page 16

17 Mattias M. Gould 0 Old Reedy Creek Road Cary N. C Total Acreage (2.07 calc) 7.74 acres (7.49 calc) REZONING HISTORY PROPERTY REZONING HISTORY REZ-10 - Withdrawn, 03-REZ-19 - Withdrawn REZ-10 - Withdrawn, 03-REZ-19 - Withdrawn REZ-10 - Withdrawn, 03-REZ-19 - Withdrawn REZ-10 - Withdrawn, 03-REZ-19 - Withdrawn REZ-10 - Withdrawn, 03-REZ-19 - Withdrawn ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. d. REZONING PETITION 04-REZ-08 (North Carolina Highway 55 and Morrisville Parkway) This request is to rezone property located at 3761 N.C. Highway 55. The property is currently zoned Residential-40; the proposed zoning is Office, Research and Development. The property contains approximately one acre. Meeting Date Recommendation Action Town Council Public Hearing May 13, 2004 Planning and Zoning Board July 19, 2004 Forward to the July 19, 2004 Planning and Zoning Board Staff recommends forwarding to the Town Council Meeting Town Council forwarded the case to the July 19, 2004 Planning and Zoning Board P&Z Board forwarded the case to the August 12, 2004 Town Council meeting. STAFF RECOMMENDATION Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 [E]) and recommends approval for the following reasons: 1. This request is consistent with the current Town of Cary Land Use Plan. 2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.). 3. The proposed rezoning is unlikely to have a significant impact on the natural environment. Page 17

18 4. The proposed rezoning will not have a significant adverse impact on other property in the vicinity. 5. The proposed zoning classification is suitable for the property. APPLICANT OWNER Glenn Futrell 4004 NC Hwy 55 Cary, NC Glenn Futrell 4004 NC Hwy 55 Cary, NC Contact: Will Ferrell Chas H. Sells, Inc LOCATION 3761 NC Hwy 55 within the Town of Cary s Extra-Territorial Jurisdiction PROJECT DESCRIPTION The proposal request that a one (1) acre parcel, zoned Residential40 (R-40), be rezoned to Office, and Institutional (O&I). Currently, the property contains a single family home. Parcel Maximum Density (Du/Ac) Acreage Total Units Minimum Lot Size NA 1 NA NA APPLICANT S JUSTIFICATION STATEMENT Applicant wishes to rezone property to O&I. The site fronts on NC Hwy 55. Lessee/buyer wishes to use the existing residence for office. Current Land Use: Single Family Residence CURRENT USE & ZONING Proposed Land Use: Office Current Zoning: R-40 Proposed Zoning: O&I Page 18

19 Existing Use ADJACENT ZONING & LAND USES Existing Zoning Existing Land Use Plan Designation North: Singe Family Residential Residential 40 R-40 Office/Institutional OFC/INS East: Vacant Residential 40 R-40 Office/Industrial OFC/IND South: Vacant Office Research and Development ORD Low Density Residential LDR West: Vacant Office, Research and Development ORD Office and Institutional OFC/INS Comprehensive Plan Analysis PLANNING The Cary Land Use Plan identifies the subject parcel as Office/Institutional a land use classification that calls for office uses. The rezoning proposal is consistent with the Land Use Plan. Open Space Considerations Parks and Greenways There is no open space or historic resources located on this parcel. The Parks, Recreation and Cultural Resources Facilities Master Plan includes a proposed multi-use trail along the west side of NC 55. If approved, the applicant will be required to construct a 10 wide concrete trail. Transit: This location is within the C-Tran, Cary Transit service area. Pedestrian: Transportation Planning Sidewalk is required on both sides of all new/improved thoroughfares and new collectors, and one side of all new residential streets. Bicycle: Fourteen (14 ) feet wide outside lanes are required on all new thoroughfares. Transportation Plan Element: NC 55 is proposed to have an ultimate 102 back-to-back cross section along the subject rezoning frontage. An ultimate 124 right-of-way is required for the 102 back-to-back cross section. Page 19

20 The developer will be required to widen the road to one-half the ultimate section and dedicate one-half the ultimate right-of-way along the project frontage in conjunction with site development. School Information Not Applicable. This is a commercial property. Environmental Considerations ENGINEERING This project meets all of the requirements of the Stormwater section of the Engineering Department. Utilities (Water and Sewer) Traffic Impact Analysis No existing TOC sanitary sewer is available within 300 feet from the site. The applicant will need approval from Wake County to continue using the septic system on site. The proposed development will be required to comply with all TOC utility policies and standards. A one-acre parcel of property zoned O&I, Office and Institutional, will likely house a building of approximately 10,000 square feet in floor area. A building of that size will not generate over 100 trips in an hour, or 1,000 trips in a day, the threshold for a traffic impact study. A traffic impact study is generally not required for a commercial building of less than 60,000 square feet in floor area. Property Owner(s) PARCEL & OWNER INFORMATION: County Parcel Number Real Estate ID(s) Area (Acres) Glenn Futrell 4004 NC Hwy 55 Cary, NC ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. 3. Town Center Review Commission Consent Agenda (any town center review commission consent agenda item pulled for discussion will be discussed at the beginning of the town center review commission s discussion portion of the agenda) There were no Town Center Review Commission items on this agenda. Page 20

21 4. Planning and Development Committee consent agenda, July 15, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda a. Consent Agenda (1) Financial Guarantee Requirements for Government Agencies (EN05-014) Committee unanimously recommended requiring financial guarantees for government agencies developing within the Town of Cary. When a government agency develops a site in Cary they fall under the requirements of the LDO like any other development. Schools are the most frequent development type. Other types of projects are TTA rail stations, post offices, and Wake County installed utilities in RTP. When the Town requests the normally required financial guarantees, we frequently are questioned about the requirement. Guidance is requested on how to treat these agencies. Two types of financial guarantees occur on development projects. Completion guarantees are required when a site plan requirement is not completed. Warranty guarantees are used to ensure the warranty on installed infrastructure is fulfilled. A copy of the LDO for site plans is attached for reference. Completion guarantees are required if a project needs a certificate of occupancy prior to all requirements of a site plan being satisfied. If a certificate of occupancy is granted, the Town no longer has a mechanism to ensure remaining work is completed. An example is the installation of a sidewalk that cannot be completed because a telephone line has not been lowered. Everything else is complete and the business is ready to open. A financial guarantee is provided for the value of the sidewalk in the form of cash or a letter of credit. The business can open, but the Town has certainty that the sidewalk will be built at a later date. Warranty guarantees are used to protect the Town during the 1-year warranty for Town maintained infrastructure that has been accepted. A developer installed water line, as an example, could have a workmanship or material failure. Suppose a defective pipe burst, washing out a section of the roadway. The developer or contractor would replace a section of the pipe and repair the road. Without a financial guarantee the contractor may deny fault for the breakage. A financial guarantee allows the Town to determine cause and expedites the repair by the contractor. Governmental agencies often claim they will correct any problems since they do not have bankruptcy potential. Our experience has shown, however, that those agencies are slower to respond to issues when guarantees are not in place. Often project accounts have no funds remaining and additional appropriations can be a long process. Even with written commitments, cases have occurred where requirements are never met. The current ordinance requires all development to provide financial guarantees. Agencies have a valid concern that Cary s requirements add cost. Having guarantee requirements protects Cary citizens from risk of paying a disproportionate share of the cost. If Town Council wishes to waive the requirement for guarantees, staff will prepare ordinance amendments and follow the required public hearing and Planning and Zoning Board review process. Staff Recommendation: Staff recommends the ordinance remain and that guarantees be required for government agencies. Page 21

22 8.2.4 Timing of Installation of Required Improvements (A) Fire Protection Functional fire protection shall be provided to the site before any combustible materials are placed on the site. (B) (C) (D) (E) Level Required for Certificates of Occupancy The Inspections and Permits Department shall issue no permanent Certificate of Occupancy for the development until and unless the developer has installed all improvements, landscaping, and other elements in accordance with the requirements of this Ordinance, the approved site plan, and any minor changes to the approved site plan granted by the Planning Director pursuant to Chapter 3 of this Ordinance. A conditional Certificate of Occupancy may be issued, for a period not to exceed 90 days, where minor deficiencies and defects remain to be cured, provided that: (1) Such defects or deficiencies do not render the improvements dysfunctional; (2) The developer has provided the Town with cash in escrow or an irrevocable letter of credit with the Town, in an amount equal to two and one-half times the estimated cost of the required improvements, landscaping, and/or other features remaining to be installed, as determined by the Engineering Department, with sureties guaranteeing the installation of the required improvements. With regard to the construction of thoroughfare improvements required by this Part, the construction of which could be delayed because either the new thoroughfare section would not be accessible for present use, the connecting thoroughfare sections have not been completed, utilities need to be relocated prior to construction of the improvements, or other reasons, the amount of the cash in escrow or irrevocable letter of credit shall equal two and one-half times the estimated cost of constructing the thoroughfare section, as determined by the Engineering Department. Inspection Prior to approval of any Certificates of Occupancy, the Engineering Department shall inspect all infrastructure improvements for conformance with the requirements of this Ordinance, and the Planning Department shall inspect items associated with the approved site plan, and any minor changes to the approved site plan granted by the Planning Director pursuant to Chapter 3 of this Ordinance. The Engineering Department shall have 60 days after the applicant has requested an inspection to inspect and certify the improvements as being constructed in accordance with such requirements or to provide the applicant with a list specifying all defects, deficiencies, and required repairs. Correction of Defects and Deficiencies Any such list of defects, deficiencies, and required repairs shall be delivered to the applicant in person or by registered or certified mail, return receipt requested, and shall require that the defects and deficiencies stated therein shall be satisfactorily corrected within 60 days of the date the list was mailed. If the applicant fails to correct all defects and deficiencies and to make all required repairs within this 60-day period, then the necessary improvements and repairs shall be completed by the Town at the expense of the applicant, using funds from any guarantees provided by the applicant. Completion of Work and Release of Guarantee Upon completion of the required improvements, the applicant may apply to the Director of Engineering for a certificate of completion and discharge of any guarantee provided above. If the Director of Engineering finds that the improvements conform to the requirements of this Ordinance, the approved site plan, and any minor changes to the approved site plan granted by the Planning Director pursuant to Chapter 3 of this Ordinance, then the Engineering Department shall issue such certificate and release the guarantee or, where some work covered by the guarantee remains to be completed, that portion of the guarantee covering the work that has been satisfactorily completed. Page 22

23 (F) Completion of Work The Town reserves the right to hold building permits or Certificates of Occupancy until the improvements have been completed and accepted Acceptance of Improvements for Town Maintenance (A) Inspection by Engineering Department The installation of improvements shall in no case bind the Town to accept any such improvements for public maintenance or operation thereof, until the Engineering Department, in accordance with this section, has inspected and accepted the improvements as meeting all applicable requirements. (B) Warranty Period Following Acceptance The developer shall notify the Engineering Department at the time that the improvements to be maintained by the Town are ready for inspection. If the Engineering Department determines that the installed improvements meet all applicable Town standards, including those in the Town's Standard Specifications and Details Manual, then a one-year warranty period begins, during which the Town shall provide routine maintenance of the improvements. Concurrent with the Engineering Department's inspection of the improvements, the developer shall post cash in escrow or an irrevocable letter of credit in the amount of 150 percent of the actual construction cost of the improvements to be maintained by the Town, as used in determining the utility inspection fees. At the end of the one-year warranty period, the applicant shall request the Engineering Department to conduct a final inspection of the improvements for acceptance by the Town. The Engineering Department shall have 60 days after the date of such request in which to either accept the improvements or provide the applicant with a list of required repairs to the improvements. No further building permits or Certificates of Occupancy shall be issued for development on the site until all such repairs have been made. Upon acceptance of the improvements, including any needed repairs to the improvements that the Engineering Department shall deem necessary during any of its inspections, the Town shall accept full maintenance responsibility for the improvements and shall release the bond or letter of credit. If the developer fails to make such required repairs within six months, then the Town may draw on the bond or letter of credit in order to perform the required repairs itself. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (2) Donation of Painting by Cary Visual Art, Inc. (PR05-03) Committee unanimously recommended acceptance of a donation of a painting from Cary Visual Art. In keeping with Cary Visual Arts purchase award program in conjunction with the Fine Arts League of Cary s Annual Spring Show, CVA has purchased a work of art and proposes to donate it to the Town of Cary. The selected painting is an oil painting entitled Rhythm Rapids by Barbi Dalton. The Public Art Advisory Board has reviewed the proposed donation at its June meeting and unanimously recommended that Council accept the donation of art. Staff will assess Town facilities to find the most appropriate place for displaying the art work. Staff Recommendation: Acceptance of Cary Visual Art s donation of the painting, Rhythm Rapids by Barbi Dalton. Page 23

24 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. b. For Information Only (no council discussion or action necessary) (1) Update on Fences Located Adjacent to Thoroughfare and Collector Streets (PL04-074) Informational report regarding compliance with Town fence requirements. The purpose of this report is to provide Council a further update on staff s effort to bring fences located only along thoroughfare and collector streets into compliance with adopted fence regulations. A staff report (PL03-064) was presented to Council in June The report outlined fences that would be reviewed for compliance. Since that time, an inventory of all existing fences located along thoroughfare and collector streets has been conducted. Approximately 138 fences not meeting the landscaping requirements have been constructed. Staff has notified these property owners of the additional landscaping requirements and has been meeting with them regarding landscape plantings. We are now beginning follow-up inspections to ensure compliance. Page 24

25 In addition, staff continues to work with all affected property owners to advise them of the Town s fence regulations. An informational letter outlining the fence regulations for properties that presently do not have fences has been prepared; staff will be mailing these approximately 7,500 letters during the month of August as well as about 640 letters to property owners whose fences were installed prior to adoption of the landscaping requirements. Letter to property owners with existing fences Subject: Information on fence/wall regulations In order to allow property owners the benefit of privacy and security, while maintaining Cary as an attractive community that citizens enjoy, the Town of Cary has regulations governing the construction and placement of fences and walls. We want to make sure that you are aware of these regulations when and if you decide to repair your fence on your property. Although not required at this time, we request that you consider installing the recommended vegetation along your existing fence to improve the appearance along our major roadways. According to the Wake County Tax Records, you own land located along a major roadway (i.e., thoroughfare or collector roadways such as Cary Parkway, Tryon Road, Laura Duncan Road), and so it s important for you to know that property owners like you along such streets need to obtain a fence permit before you repair or replace more than 50% of the fence or wall on your property. A fence permit application is online and available at Search the site index for Fence Rules. There is no charge for this permit; it s in place simply to make sure property owners touch base with the Town before starting such projects so that you will have all the information you need, including that; New/replacement fences or walls must be set back a minimum of five feet inward from your property line boundary with the road right-of-way, and located in a manner not to interfere with driver s safety at intersections; Fences or walls that are 42 inches or taller must have one 12 to 18 inch tall evergreen shrub for every five linear feet along the roadway side (alternative planting locations may be considered with the fence permit application); and, The finished side of fences must be facing the roadway; Please see attachments to assist in implementing these regulations. We hope this information is useful and will ensure that your fence meets all of the Town of Cary s standards. We will be happy to meet with you at the property or here in our office to further discuss options available to meet these requirements. Please contact me at (919) or mark.tutor@townofcary.org to discuss these regulations and for assistance prior to installing or renovating a fence or wall on your property. Sincerely, Mark Tutor Zoning Compliance Supervisor Letter to property owners without fences: Subject: Information on fence/wall regulations In order to allow property owners the benefit of privacy and security, while maintaining Cary as an attractive community that citizens enjoy, the Town of Cary has regulations governing the construction and placement of fences and walls. We want to make sure that you are aware of these regulations when and if you decide to repair your fence on your property. Although not Page 25

26 required at this time, we request that you consider installing the recommended vegetation along your existing fence to improve the appearance along our major roadways. According to the Wake County Tax Records, you own land located along a major roadway (i.e., thoroughfare or collector roadways such as Cary Parkway, Tryon Road, Laura Duncan Road), and so it s important for you to know that property owners like you along such streets need to obtain a fence permit before you repair or replace more than 50% of the fence or wall on your property. A fence permit application is online and available at Search the site index for Fence Rules. There is no charge for this permit; it s in place simply to make sure property owners touch base with the Town before starting such projects so that you will have all the information you need, including that; New/replacement fences or walls must be set back a minimum of five feet inward from your property line boundary with the road right-of-way, and located in a manner not to interfere with driver s safety at intersections; Fences or walls that are 42 inches or taller must have one 12 to 18 inch tall evergreen shrub for every five linear feet along the roadway side (alternative planting locations may be considered with the fence permit application); and, The finished side of fences must be facing the roadway; Please see attachments to assist in implementing these regulations. We hope this information is useful and will ensure that your fence meets all of the Town of Cary s standards. We will be happy to meet with you at the property or here in our office to further discuss options available to meet these requirements. Please contact me at (919) or mark.tutor@townofcary.org to discuss these regulations and for assistance prior to installing or renovating a fence or wall on your property. Sincerely, Mark Tutor Zoning Compliance Supervisor Attachments to letters: Page 26

27 [ ] 5 feet Shrubs are recommended to be spaced 5-feet on center. Shrubs must be at least inches at the time of installation, with a preferred height of 24 inches. One shrub is required at a minimum for every five feet of frontage along the thoroughfare or collector street. These shrubs can be placed in any order of clustering. End of Street Right of Way Start of Private Property Property line location may vary Required tall evergreen vegetation Fence Interior Thoroughfare or Collector Street Sidewalk 5 ft setback for plant maturity Landscaping along fences Page 27

28 Fences taller than 42" in height are required to include evergreen shrubs along the roadway side of the fence meeting the following standards: Planting standards Fences proposed along a thoroughfare or collector street should be located so as to allow a minimum of 5 feet (preferably 10 feet) between the fence and sidewalk (or right-of-way line) so as to allow sufficient room for plant growth. No setback is required for fences located along all other types of roadways. 1 evergreen shrub planted every 5 feet, inches tall at time of planting (preferred height of 24 tall). Shrub placement may be staggered, clustered, grouped or installed in a linear fashion. A fence permit must be obtained for fence installations adjacent to thoroughfare and collector streets. It is recommended that vegetation be allowed to reach a maximum height equivalent to fence height. These plants can be typically found at your local nursery or home improvement store for nominal cost. Suggested plants for sunny locations: Dwarf Burford Holly Wintergreen Barberry Glossy Abelia Ilex crenata 'Convexa' Roundleaf Japanese Holly Schipka Laurel Zabel Laurel Varigated Chinese Privet Otto Laurel David Viburnum Ilex cornuta 'Burfordii Nana' Berberis julianae Abelia x grandiflora (Edward Goucher) Convexa Japanese Holly Ilex crenata 'Rotundifolia' Prunus laurocerasus 'Schipkaensis Prunus laurocerasus 'Zabellana' Ligustrum sinense 'Variegatum' Prunus laurocerasus 'otto luyken' Viburnum davidii Suggested plants for partial sun & partial shade locations: Glossy Abelia Wintergreen Barberry Dwarf Burford Holly Japanese Holly David Viburnum Abelia x grandiflora (Edward Goucher) Berberis julianae Ilex cornuta 'Burfordii Nana' Ilex crenata 'Carefree' Viburnum davidii Suggested plants for shady locations Dwarf Burford Holly Azalea, Azalea hybrida Convexa Japanese Holly Glossy Abelia Roundleaf Japanese Holly Schipka Laurel Zabel Laurel Japanese Yew Otto Laurel Ilex cornuta 'Burfordii Nana' Glenn Dale Azalea Azalea kaempferi Ilex crenata 'Convexa' Abelia x grandiflora (Edward Goucher) Ilex crenata 'Rotundifolia' Prunus laurocerasus 'Schipkaensis Prunus laurocerasus 'Zabellana' Taxus cuspidate Prunus laurocerasus 'otto luyken' Page 28

29 Other similar plants may also be acceptable. This item is for information only; no council action is required. 5. Operations Committee consent agenda, August 4, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda) a. Consent Agenda (1) Capital Project Budget Adjustments (AD05-002) Committee unanimously recommended approval of 1) an adjustment to decrease the Cable TV Franchise Fee appropriation to Project ST1108 to $18,000 and the creation of an NCDOT reimbursement account in the amount of $162,000 in order to properly reflect current funding mechanisms for the CSX Rail Platform Project and 2) funding transfers to enable the Town to spend 2001 Water Bond Proceeds in accordance with federal tax law requirements. Staff periodically reviews capital project budgets to ensure that Town funding is being leveraged in the most effective manner. The following revenue related recommended budget adjustments serve to ensure that the respective project budgets are adjusted according to recent activity. 1. Adjustment of Budget for ST1108 CSX Rail Platform Project In FY 2003, $180,000 was appropriated to this project from the Cable TV Franchise Fee revenue source. A municipal agreement with NCDOT has since been arranged for the work associated with this project. The terms of the agreement are that NCDOT will reimburse the Town 90% (or $162,000) of the total $180,000 project cost. The Town is responsible for the remaining 10% or $18,000. In order to accurately reflect this arrangement, an adjustment must be made that decreases the Cable TV Franchise Fee appropriation to $18,000 (representing the Town s contribution to the project) and an account must be established noting the $162,000 reimbursement to be received from NCDOT. 2. Adjustment of Budgets for Water Capital Projects In February 2001, the Town issued water-related general obligation bonds. Given the federal tax law requirements that tax-exempt bond proceeds be spent within certain time limits, staff plans bond sales based on the expected cash flow needs of each bond funded project. Periodically, certain bond funded projects do not use bond proceeds within the expected time period. In these situations, staff recommends that bond proceeds be transferred to other qualified projects. Staff recommends that funding transfers occur exchanging either Water Restricted Revenue or Utility Fund Transfer budgeted dollars with 2001 Water Bond funds for the following list of water projects. This transaction will not increase the budgets for any of the noted projects; it serves only to ensure that 2001 Water Bond dollars are spent in a timely fashion. Page 29

30 Project # Project Name Decrease Funding Amount Increase Funding Amount Source Source WT1075 Kildaire Water Restricted (100,000) 2001 Water Bonds 100,000 Spheroid Tank WT1076 Water Tank Water Restricted (100,000) 2001 Water Bonds 100,000 SCADA WT1090 WTP Security Water Restricted (100,000) 2001 Water Bonds 100,000 System WT1094 Annexation Lines Water Transfer From Utility Fund (100,000) 2001 Water Bonds 100,000 Staff Recommendation: 1. Staff recommends that Council approve the adjustment to decrease the Cable TV Franchise Fee appropriation to ST1108 to $18,000 and the creation of an NCDOT reimbursement account in the amount of $162,000 in order to properly reflect current funding mechanisms for the CSX Rail Platform Project. 2. Staff recommends that Council approve the funding transfers as outlined in the table included under item #2 in order to spend 2001 Water Bond Proceeds in accordance with federal tax law requirements. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (2) Modification to Traffic Signal (EN05-015) Committee unanimously recommended adding pedestrian phasing to the existing traffic signal at Harrison Avenue and Harrison Pointe Shopping Center. NCDOT has approved installing pedestrian phasing at the intersection of Harrison Avenue and Harrison Pointe Shopping Center. They indicate they can complete the traffic signal design. NCDOT would pursue funding with Spot Safety Funds. However, this funding source is limited and this project would have to compete with other similar projects within the division as well as statewide. Therefore NCDOT is unable to anticipate a date for funding and completion of this project. Town of Cary traffic study indicates the following information: Crosswalks are painted across Harrison Avenue, but no pedestrian signals or push buttons are available. In addition, when the current side street detector triggers a green light for cross traffic, the signal does not give adequate time for pedestrians to cross Harrison Avenue. This is the only NCDOT approved crossing of Harrison Avenue between Maynard Road and Dynasty Drive (0.5 miles). Pedestrian signals do exist at both Maynard Road and Dynasty Drive. Based on the traffic volumes on Harrison Avenue, Cary residents will greatly benefit from the addition of pedestrian phasing at this intersection across Harrison Avenue. Staff Recommendation: It is recommended that funds in Fiscal 2005 Traffic Signalization Projects be used to add pedestrian signals and push buttons across Harrison Avenue and new hardware to upgrade the traffic signal operation for pedestrians. Page 30

31 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (3) Grant Award Nitrogen BMP Removal Project in the TCAP Area (EN05-016) Committee unanimously recommended approval of the Nitrogen BMP Removal Project (GG1061) and of recognizing $400,950 in funding from the NC Ecosystem Enhancement Program for this project. The North Carolina Ecosystem Enhancement Program (NCEEP) has a pool of grant monies available to fund the design and construction of specific projects which remove total nitrogen from stormwater runoff. The Town of Cary has applied for a grant to assist in nitrogen removal from an unnamed tributary to Swift Creek (a protected 303-d listed stream) and has received approval from the State for award. Following is a brief explanation of the benefits of this project. Benefits to TOC No Cost to Town of Cary: This project will be designed and constructed using 100% State of North Carolina grant monies. No Town of Cary matching funds are necessary (some staff involvement to oversee and administer the program will be necessary). Compliance with State Stormwater Rules as Applied to the TCAP Region. As part of the Neuse Urban Stormwater Rules, the State of North Carolina has mandated a 30% nitrogen reduction goal (which equates to approximately 3.6 lbs/acre/year). This goal is applicable to the TCAP area and will provide much needed relief to an urbanized area which is primarily built-out and lacking in sufficient nitrogen reduction mechanisms. Additionally, potential design and construction of best management practices (BMP s) such as level spreaders and other devices designed to minimize flow rates may also help alleviate some of the stormwater runoff problems created by 30+ years of development. As additional re-development of the TCAP area progresses (new parking decks, widened roads, new parking lots) further reduction in both stormwater runoff and total nitrogen will be imperative. Increased Stream Restoration Credits: The North Carolina Division of Water Quality (DWQ) has stated that the addition of N-removal BMP s to a given stream restoration project can increase the credits generated by up to 30%. As applied to the SW Maynard Road stream restoration project, approval of the nitrogen project will provide a mechanism for the TOC to receive additional mitigation credits. Specifically, at the SW Maynard Road site, the N-removal BMP s will add more than 424 feet of new mitigation credits, beyond those realized by the adjacent stream restoration project. Based on the current NCEEP rate ($205/foot), the implementation of additional, successful N-removal BMPs will be worth $87,200 to the Town of Cary. In other words, approval to proceed with this cost-free project will add $87,200 worth of mitigation credits to our internal stream mitigation banking mechanism which can be applied to future Town of Cary road and utility capital projects within our ETJ (per DWQ release schedule guidelines). Evaluatory In the Ground Engineering Assessment: The project will provide the Town of Cary an opportunity to determine which N-removal techniques are qualitatively efficient and most cost-effective based upon the urbanized constraints associated with many stream systems within the older (developed) portions of Cary. This will assist the Page 31

32 Town in addressing future N-removal issues as cost-effectively as possible, but at the same time as needed to save the Town money in the long run for subsequent N-removal design/build projects implemented by the Town (which may not be funded by grant monies). Environmental Protection and Restoration Demonstration to Regulatory Agencies: The Town of Cary has an ongoing professional relationship with the North Carolina DWQ and U.S. Army Corps of Engineers. Proactive implementation of this project will continue to demonstrate the Town of Cary s commitment to improving the environmental quality of its urbanized areas through innovative and cost-effective mechanisms. Staff Recommendation: Staff recommends recognizing $400,950 in funding from NC Ecosystem Enhancement Program and approval of capital project GG-1061 for the Nitrogen BMP Removal project as outlined above with these funds. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (4) Tryon Road Widening Condemnation Resolution (EN05-017) Committee unanimously recommended approval of a condemnation resolution for the Marshall and Ottoway properties for the Tryon Road Widening Project. Town staff has been diligently working with the Ottoway and Marshall property owners to obtain the necessary easements such as right of way, slope easement, temporary construction and permanent drainage for the Tryon Road Widening Project. In these situations, there are still some unresolved areas between Town staff and the property owners. In both of these cases, staff has been in regular contact with the property owners so that progress continues towards executing all of the deeds required. In order to keep the project on schedule for commencement of construction this summer, staff is requesting that the council approve this request for the adoption of resolutions of condemnation. This will set in motion the ability for the Town to place the monies offered to the property owners on deposit with the Clerk of Court and obtain title to these areas so that the project can proceed to construction. Staff will continue to work with both property owners as this process develops in order to amicably resolve the acquisitions where possible. If the executed easements are obtained, no further condemnation action will occur for that particular parcel. Staff Recommendation: Staff recommends adoption of the necessary Resolutions of Condemnation to ensure that the Tryon Road Widening project remains on schedule. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF DANNY L. OTTOWAY AND JOAN M. OTTOWAY WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Danny L. Ottaway and Joan M. Ottaway for the following public purpose: To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Page 32

33 Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Tryon Road Widening Project. WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT: 1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 8453 at page The property interest areas taken are more particularly described as follows: RIGHT OF WAY: Commencing at the N.C.G.S. monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 84 degrees 49 minutes 38 seconds west for 7, feet to a point on the western right-ofway of Piney Plains Road being the northeastern property corner of the aforementioned tract, said point being the Point of Beginning; thence along said right-of-way south 17 degrees 19 minutes 01 seconds west for feet; thence south 86 degrees 07 minutes 34 seconds west for feet; thence along a curve to the right having a radius of 3, feet, an arc length of feet, a chord of feet and a chord bearing of north 17 degrees 47 minutes 33 seconds east; thence north 86 degrees 07 minutes 35 seconds east for feet to the Point of Beginning, containing 1,828 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 20 of 21 and dated 2/4/03. PERMANENT SLOPE EASEMENT: Commencing at the N.C.G.S. monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 84 degrees 49 minutes 38 seconds west for 7, feet to a point on the western right-of-way of Piney Plains Road being the northeastern property corner of the aforementioned tract; thence along said property line south 86 degrees 07 minutes 35 seconds west for feet to the Point of Beginning; thence along a curve to the left having a radius of 3, feet, an arc length of feet, a chord of feet and a chord bearing of south 18 degrees 25 minutes 37 seconds west; thence south 86 degrees 07 minutes 35 seconds west for feet; thence south 03 degrees 52 minutes 25 seconds east for 4.00 feet; thence north 85 degrees 46 minutes 28 seconds west for feet; thence north 27 degrees 45 minutes 50 seconds east for feet; thence north 86 degrees 07 minutes 35 seconds east for feet to the Point of Beginning, containing 1,928 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 20 of 21 and dated 2/4/03. TEMPORARY CONSTRUCTION EASEMENT: Also, Commencing at the N.C.G.S. monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 84 degrees 03 minutes 00 seconds west for 7, feet to a point on the western right-of-way of Piney Plains Road being the southeastern property corner of the aforementioned tract; thence along said property line south 86 degrees 07 minutes 34 seconds west for feet to the Point of Beginning; thence continuing south 86 Page 33

34 degrees 07 minutes 34 seconds west for 7.75 feet; thence north 16 degrees 56 minutes 42 seconds east for feet; thence north 87 degrees 03 minutes 48 seconds west for feet; thence north 18 degrees 42 minutes 46 seconds east for feet; thence north 86 degrees 07 minutes 35 seconds east for 9.90 feet; thence south 27 degrees 45 minutes 50 seconds west for feet; thence south 85 degrees 46 minutes 28 seconds east for feet; thence north 03 degrees 52 minutes 25 seconds west for 4.00 feet; thence north 86 degrees 07 minutes 35 seconds east for feet; thence along a curve to the right having a radius of 3, feet, an arc length of feet and a chord of feet with a chord bearing of south 17 degrees 37minutes 13 seconds west to the Point of Beginning, containing 1,089 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 3 of 21 and dated 2/4/ The attorneys representing the Town of Cary are directed to institute the necessary proceedings under NCGS 40A-1, et. seq. as authorized by NCGS 160A-240.1(a), (b) and 296(a)(3) and/or other appropriate statutory provisions and local acts to acquire the property herein described. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF ALICE D. MARSHALL WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Alice D. Marshall for the following public purpose: To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Tryon Road Widening Project. WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT: 1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 4258 at page 514. The property interest areas taken are more particularly described as follows: RIGHT OF WAY: Commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 87 degrees 12 minutes 11 seconds west for a distance of 7, feet to an iron pipe located on the southern right-of-way of Tryon Road and the western right-of-way of Piney Plains Road said iron pipe being the Point of Beginning of the proposed Right-of- Way; thence along said right-of-way of Piney Plains Road south 17 degrees 21 minutes 13 seconds west for a distance of feet to an iron pipe located on the western right-of-way of Piney Plains Road being the common corner of the property line of Alice D. Marshall and Billy and Gail Mooney; thence along said property line south 85 degrees 57 minutes 30 seconds west for a distance of 14.25, thence leaving said property line north 19 degrees 03 minutes 21 seconds east for a distance of feet to a point; Page 34

35 thence north 59 degrees 28 minutes 34 seconds west for a distance of feet to a point; thence south 85 degrees 56 minutes 09 seconds west for a distance of feet to a point on the common property line of Alice D. Marshall and James F. and Virginia B. Harris; thence along said property line north 00 degrees 22 minutes 35 seconds east for a distance of 1.25 feet to a point being the common corner of the property line of Alice D. Marshall and James F. and Virginia B. Harris located on the southern right-of-way of Tryon Road; thence along said right-of-way north 86 degrees 07 minutes 35 seconds east for a distance of feet to the Point of Beginning containing 3,087 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/03. PERMANENT SLOPE EASEMENT: Commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 87 degrees 12 minutes 11 seconds west for a distance of 7, feet to an iron pipe located on the western right-of-way of Piney Plains Road and the southern right-ofway of Tryon Road; thence along said right-of-way of Tryon Road south 86 degrees 07 minutes 35 seconds west for a distance of feet to a point being the common corner of the property line of Alice D. Marshall and James F. and Virginia B. Harris; thence along said property line south 00 degrees 22 minutes 35 seconds west for a distance of 1.25 feet to the Point of Beginning of the proposed Permanent Slope Easement; thence leaving said property line north 85 degrees 56 minutes 09 seconds east for a distance of feet to a point; thence south 22 degrees 05 minutes 37 seconds west for a distance of feet to a point; thence south 70 degrees 36 minutes 42 seconds west for a distance of feet to a point; thence north 85 degrees 43 minutes 12 seconds west for a distance of feet to a point on the common property line of Alice B. Marshall and James F. and Virginia B. Harris; thence along said property line north 00 degrees 22 minutes 35 seconds east for a distance of feet to the Point of Beginning containing 1,228 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/03. Also, commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 85 degrees 36 minutes 48 seconds west for a distance of 7, feet to an iron pipe located on the western right-of-way of Piney Plains Road being the common corner of the property line of Alice D. Marshall and Billy and Gail Mooney; thence along said property line south 85 degrees 57 minutes 30 seconds west for a distance of 14.25,thence leaving said property line north 19 degrees 03 minutes 21 seconds east for a distance of feet to the Point of Beginning of the proposed Permanent Slope Easement; thence north 70 degrees 56 minutes 41 seconds west for a distance of feet to a point; thence north 12 degrees 27 minutes 40 seconds east for a distance of feet to a point; thence north 08 degrees 23 minutes 18 seconds east for a distance of feet to a point; thence south 81degrees 45 minutes 06 seconds west for a distance of 22.73, thence north 87 degrees 54minutes 04 seconds west for a distance of 42.06, thence north 13 degrees 12 minutes 59 seconds east for a distance of 16.07, thence north 85 degrees 56 minutes 09 seconds east for a distance of 40.12, thence south 59 degrees 28 minutes 34 seconds east for a distance of 50.21, thence south 19 degrees 03 minutes 21 seconds west for a distance of feet to the Point of Beginning containing 2,324 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/03. Page 35

36 Also, commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 85 degrees 36 minutes 48 seconds west for a distance of 7, feet to an iron pipe located on the western right-of-way of Piney Plains Road being the common corner of the property line of Alice D. Marshall and Billy and Gail Mooney; thence along said property line south 85 degrees 57 minutes 30 seconds west for a distance of 14.25, thence leaving said property line north 19 degrees 03 minutes 21 seconds east for a distance of feet to the Point of Beginning of the proposed Permanent Slope Easement; thence north 70 degrees 56 minutes 41 seconds west for a distance of feet to a point; thence south 19 degrees 03 minutes 19 seconds west for a distance of 2.00 feet to a point; thence north 41 degrees 54 minutes 22 seconds west for a distance of feet to a point; thence north 11 degrees 39 minutes 30 seconds west for a distance of 6.69 feet to a point; thence north 79 degrees 59 minutes 01 seconds east for a distance of 25.89, thence south 19 degrees 03 minutes 19 seconds west for a distance of 2.00, thence south 70 degrees 56 minutes 41 seconds east for a distance of 18.00, thence south 19 degrees 03 minutes 21 seconds west for a distance of feet to the Point of Beginning containing 816 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/03. TEMPORARY CONSTRUCTION EASEMENT: Commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 87 degrees 12 minutes 11 seconds west for a distance of 7, feet to an iron pipe located on the western right-of-way of Piney Plains Road and the southern right-ofway of Tryon Road; thence along said right-of-way of Tryon Road south 86 degrees 07 minutes 35 seconds west for a distance of feet to a point being the common corner of the property line of Alice D. Marshall and James F. and Virginia B. Harris; thence along said property line south 00 degrees 22 minutes 35 seconds west for a distance of feet to a point said point being the Point of Beginning of the proposed Temporary Construction Easement; thence leaving said property line south 85 degrees 43 minutes 12 seconds east for a distance of feet to a point; thence north 70 degrees 36 minutes 42 seconds east for a distance of feet to a point; thence south 22 degrees 05 minutes 37 seconds west for a distance of 8.10 feet to a point; thence south 87 degrees 52 minutes 57 seconds east for a distance of feet to a point; thence south 56 degrees 33 minutes 39 seconds west for a distance of feet to a point; thence south 10 degrees 20 minutes 58 seconds west for a distance of feet to a point; thence south 69 degrees 42 minutes 02 seconds west for a distance of feet to a point; thence north 07 degrees 43 minutes 13 seconds west for a distance of 30.39, thence north 44 degrees 22 minutes 02 seconds east for a distance of 22.66, thence north 89 degrees 36 minutes 21 seconds west for a distance of feet to a point on the common property line of Alice D. Marshall and James F. and Virginia B. Harris; thence along said property line north 00 degrees 22 minutes 35 seconds east for a distance of 5.63 feet to the Point of Beginning containing 1,581 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/03. Also, commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 87 degrees 12 minutes 11 seconds west for a distance of 7, feet to an iron pipe located on the southern right-of-way of Tryon Road and the western right-of-way of Piney Plains Road; thence along said right-of-way of Piney Plains Road south 17 degrees 21 minutes 13 seconds west for a distance of feet to an iron Page 36

37 pipe being the common corner of the property line of Alice D. Marshall and Billy and Gail Mooney; thence along said property line south 85 degrees 57 minutes 30 seconds west for a distance of feet to a point said point being the Point of Beginning of the proposed Temporary Construction Easement; thence continuing along said property line south 85 degrees 57 minutes 30 seconds west for a distance of 8.69 feet to a point; thence leaving said property line north 19 degrees 03 minutes 19 seconds east for a distance of 40.30, thence north 46 degrees 12 minutes 04 seconds west for a distance of 25.33, thence north 11 degrees 39 minutes 30 seconds west for a distance of 12.16, thence south 41 degrees 54 minutes 22 seconds east for a distance of 21.98, thence north 19 degrees 03 minutes 19 seconds east for a distance of 2.00 feet to a point; thence south 70 degrees 56 minutes 41 seconds east for a distance of 18.00, thence south 19 degrees 03 minutes 21 seconds west for a distance of feet to the Point of Beginning containing 614 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/03. Also, commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 85 degrees 36 minutes 48 seconds west for a distance of 7, feet to an iron pipe located on the western right-of-way of Piney Plains Road being the common corner of the property line of Alice D. Marshall and Billy and Gail Mooney; thence along said property line south 85 degrees 57 minutes 30 seconds west for a distance of feet to a point; thence leaving said property line north 19 degrees 03 minutes 21 seconds east for a distance of feet to a point said point being the Point of Beginning of the proposed Temporary Construction Easement; thence north 70 degrees 56 minutes 41 seconds west for a distance of feet to a point; thence north 19 degrees 03 minutes 19 seconds east for a distance of 2.00 feet to a point; thence south 79 degrees 59 minutes 01 seconds west for a distance of feet to a point; thence north 67 degrees 03 minutes 33 seconds east for a distance of feet to a point; thence north 11 degrees 05 minutes 32 seconds east for a distance of feet to a point; thence south 84 degrees 06 minutes 22 seconds west for a distance of feet to a point; thence north 13 degrees 12 minutes 59 seconds east for a distance of feet to a point; thence south 87 degrees 54 minutes 04 seconds east for a distance of feet to a point; thence north 81 degrees 45 minutes 06 seconds east for a distance feet to a point; thence south 08 degrees 23 minutes 18 seconds west for a distance of feet to a point; thence south 12 degrees 27 minutes 40 seconds west for a distance of feet to a point; thence south 70 degrees 56 minutes 41 seconds east for a distance of feet to a point; thence south 19 degrees 03 minutes 21 seconds west for a distance of feet to the Point of Beginning containing 1,997 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/03. PERMANENT DRAINAGE EASEMENT: Commencing at the North Carolina Geodetic survey monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence south 87 degrees 12 minutes 11 seconds west for a distance of 7, feet to an iron pipe located on the western right-of-way of Piney Plains Road and the southern right-ofway of Tryon Road; thence along said right-of-way of Tryon Road south 86 degrees 07 minutes 35 seconds west for a distance of feet to a point being the common corner of the property line of Alice D. Marshall and James F. and Virginia B. Harris; thence along said property line south 00 degrees 22 minutes 35 seconds west for a distance of 1.25 to a point; thence leaving said property line north 85 degrees 56 minutes 09 seconds east for a distance of feet to a point said point being the Point of Beginning of the proposed Permanent Drainage Easement; thence north 85 degrees 56 Page 37

38 minutes 09 seconds east for a distance of feet to a point; thence south 13 degrees 12 minutes 59 seconds west for a distance of feet to a point; thence north 87 degrees 52 minutes 57 seconds west for a distance of feet to a point; thence north 22 degrees 05 minutes 37 seconds east for a distance of feet to the Point of Beginning containing 812 square feet according to a map entitled Survey for Town of Cary, Tryon Road Widening Project Right of Way Plat, Project NO Swift Creek Township, Wake County, NC page 9 of 21 and dated 2/4/ The attorneys representing the Town of Cary are directed to institute the necessary proceedings under NCGS 40A-1, et. seq. as authorized by NCGS 160A-240.1(a), (b) and 296(a)(3) and/or other appropriate statutory provisions and local acts to acquire the property herein described. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Resolutions and are also on file in the town clerk s office.) (5) Tryon Road Widening Revised Condemnation Resolution (EN05-019) Committee unanimously recommended adoption of a revised condemnation resolution for the Tryon Road Widening Project. Staff brought report EN to Council and received authorization on June 10, 2004 regarding approval of condemnation for outstanding easements related to the Tryon Road Widening Project. Upon reviewing the legals by the attorney s office that represents the Town of Cary concerning the Goodwin parcel of 2009 Piney Plains Road, there were clerical errors found in the legal description that required correction by the engineering firm of Draper Aden. A corrected condemnation resolution is ready for the Mayor to sign. Staff Recommendation: Staff recommends approval of the revised condemnation resolution. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF OSCAR CALEY GOODWIN AND FRANCIS T. GOODWIN WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Oscar Caley Goodwin and Francis T. Goodwin for the following public purpose: To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Tryon Road Widening Project. WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT: Page 38

39 1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book at page 1898, Wake County Registry. The property interest areas taken are more particularly described as follows: RIGHT OF WAY: Commencing at the N.C.G.S. monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence north 64 degrees 01 minutes 41 seconds west for 6, feet to a point on the western right-of-way of Piney Plains Road being the northeastern property corner of the aforementioned tract, said point being the Point of Beginning; thence along said right-of-way south 40 degrees 07 minutes 27 seconds west for feet; thence south 35 degrees 53 minutes 34 seconds west for feet; thence south 35 degrees 20 minutes 31 seconds west for feet; thence south 28 degrees 19 minutes 12 seconds west for feet; thence north 51 degrees 48 minutes 27 seconds west for 2.78 feet; thence south 72 degrees 43 minutes 35 seconds west for 2.09 feet; thence along a curve to the right having a radius of 1, feet, an arc length of feet, a chord of feet and a chord bearing of north 33 degrees 08 minutes 07 seconds east; thence north 35 degrees 46 minutes 16 seconds east for feet; thence south 48 degrees 07 minutes 51 seconds east for feet to the Point of Beginning; containing 3,230 square feet or acres. As more fully shown on a map entitled Tryon Road Widening Project Right of Way Plat Sheet 16 of 21 by Draper Aden Associates, dated 2/4/03 PERMANENT SLOPE EASEMENT: Commencing at the N.C.G.S. monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence north 63 degrees 59 minutes 09 seconds west for 6, feet to a point on the western right-of-way of Piney Plains Road being the common property corner of the aforementioned tract, said point being the Point of Beginning; thence south 35 degrees 46 minutes 16 seconds west for feet; thence along a curve to the left having a radius of 1, feet, an arc length of feet, a chord of feet with a chord bearing of south 33 degrees 08 minutes 07 seconds west; thence south 72 degrees 53 minutes 32 seconds west for feet; thence north 51 degrees 13 minutes 13 seconds east for feet; thence north 31 degrees 24 minutes 23 seconds east for feet; thence north 35 degrees 49 minutes 02 seconds east for feet; thence north 33 degrees 06 minutes 21 seconds west for feet; thence north 54 degrees 55 minutes 57 seconds east for feet; thence south 72 degrees 54 minutes 49 seconds east for feet; thence north 35 degrees 19 minutes 06 seconds east for feet; thence north 36 degrees 30 minutes 28 seconds east for feet; thence north 31 degrees 39 minutes 19 seconds east for feet; thence north 35 degrees 43 minutes 45 seconds east for feet; thence north 29 degrees 53 minutes 24 seconds east for feet; thence south 48 degrees 07 minutes 51 seconds east for feet to the Point of Beginning; containing 4,299 square feet or acres. As more fully shown on a map entitled Tryon Road Widening Project Right of Way Plat Sheet 16 of 21 by Draper Aden Associates, dated 2/4/03 TEMPORARY CONSTRUCTION EASEMENT: Commencing at the N.C.G.S. monument ATKINS having NAD 83 state plane coordinates of North 726, feet and East 2,079, feet; thence north 63 degrees 59 minutes 09 seconds west for 6, feet to a point on the western right-of-way of Piney Plains Road being the northeastern property corner of the aforementioned tract; thence along said property line north 48 degrees 07 minutes 51 seconds west for feet to the Point of Beginning; thence south 29 degrees 53 minutes 24 seconds west for feet; thence south 35 degrees 43 minutes 45 seconds west for feet; thence south 31 degrees 39 minutes 19 seconds west for feet; thence south 36 degrees 30 minutes 28 seconds west for feet; thence south Page 39

40 35 degrees 19 minutes 06 seconds west for feet; thence north 72 degrees 54 minutes 49 seconds west for feet; thence south 54 degrees 55 minutes 57 seconds west for feet; thence south 33 degrees 06 minutes 21 seconds east for feet; thence south 35 degrees 49 minutes 02 seconds west for feet; thence south 31 degrees 24 minutes 23 seconds west for feet; thence south 51 degrees 13 minutes 13 seconds west for feet; thence south 72 degrees 52 minutes 57 seconds west for feet; thence north 47 degrees 40 minutes 53 seconds east for feet; thence north 33 degrees 00 minutes 29 seconds east for feet; thence north 36 degrees 58 minutes 03 seconds west for feet; thence north 56 degrees 35 minutes 51 seconds east for feet; thence north 89 degrees 33 minutes 54 seconds east for feet; thence north 34 degrees 51 minutes 34 seconds east for feet; thence south 48 degrees 07 minutes 51 seconds east for 6.46 feet to the Point of Beginning; containing 3,229 square feet or acres. As more fully shown on a map entitled Tryon Road Widening Project Right of Way Plat Sheet 16 of 21 by Draper Aden Associates, dated 2/4/03 2. The attorneys representing the Town of Cary are directed to institute the necessary proceedings under NCGS 40A-1, et. seq. as authorized by NCGS 160A-240.1(a), (b) and 296(a)(3) and/or other appropriate statutory provisions and local acts to acquire the property herein described. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Resolution is also on file in the town clerk s office.) (6) Town Hall Expansion Building Identification (EN05-020) Committee unanimously recommended that the new building on the Town Hall campus be identified by its address, 120 Wilkinson Avenue, and that upon completion of the Town Hall Expansion Project, the old buildings A and B, along with the new council chambers, be identified as Cary Town Hall. With the expansion and renovation project on the town hall campus, the current practice of using letters as building identification will be not be reflective of the layout of the buildings. When the project is completed, the current buildings A and B will be joined together by the new council chambers (identified as building D during design and construction) to create one building. Therefore the A and B monikers would no longer be valid as the entire building would be known as the Cary Town Hall. Additionally, naming the new building C will also not be valid when the project is completed and the preceding letters A and B no longer exist. After completion of the remaining town hall campus renovation and construction, the Police and Technology Services Departments will remain in the building located at 120 Wilkinson Avenue. During the interim, it also is occupied by the administrative and the Finance Department offices. Staff Recommendation: Staff recommends that the new building be identified by the building address (120 Wilkinson Ave.) and, upon completion of project, the old buildings A and B along with the new council chambers be considered the Cary Town Hall. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV Page 40

41 ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (7) 2004 Street Improvements Project (EN05-021) Committee unanimously recommended a list of streets for the 2004 Street Improvements Project. Staff has prepared a priority list of streets to be upgraded as part of the 2004 Street Improvements Project based on the results of the 2003 Pavement Condition Survey and the 2004 Pavement Condition Survey for proposed annexation prepared by CH Engineering and ITRE. For the $470,000 budgeted for construction of this project, Staff has proposed that 25 street segments totaling 3.3 miles be included as part of the 2004 Street Improvements Project. The attached list includes those streets where the Pavement Condition Rating (PCR) is 60 or less. Six of the streets on the list have a PCR greater than 60; these streets are missing segments that, if paved, will add to the continuity of the street surface. Staff, upon approval of the 2004 Street Improvement list, will make the list available for public input on the Town of Cary Web site. Design for the improvements will proceed, bids will be received, and a recommended award will be forwarded to the Operations Committee for approval in September. If there are excess funds after bid award, additional streets may be added by staff in priority order. Staff Recommendation: Staff recommends that the following list be incorporated into the 2004 Street Improvements Project Street Improvements Priority List Street From To PCR WOODLAND DR CHAPEL HILL RD LAKE DR 12 IMPERIAL RD WELLINGTON LN CUL DE SAC 21 IMPERIAL RD DEBRA DR SAVANNAH CIR 31 W. BRIDGFORD DR KINGSFORD DR CUL DE SAC 36 STEPHENS RD PINEY PLAINS RD PRIVATE PROPERTY 41 PIONEER CT IMPERIAL RD CUL DE SAC 44 FAIRBANKS RD REEDHAVEN DR SILVERGROVE DR 46 FAIRLANE RD KINGSTON RIDGE RD KINGSTON RIDGE RD 46 KINGSTON RIDGE RD IMPERIAL RD MELLON CT 47 SAVANNAH CR IMPERIAL RD CUL DE SAC 50 E. BRIDGEFORD DR WOODINGTON CT KINGSFORD DR 51 IMPERIAL RD WELLINGTON LN DEBRA DR 52 LANARK CT HADDINGTON DR CUL DE SAC 52 DUTCHESS DR SMALLWOOD CT CHANGE PVMT 54 IMPERIAL RD SAVANNAH CIR PIONEER CT 56 E. BRIDGFORD DR WOODINGTON CT CUL DE SAC 56 KINGSWOOD DR BEASLEY CT PENCHANT CT 57 URBAN DR WEBSTER ST E. PARK ST 58 WILLOW ST S. DIXON AV KNIGHT AV 59 FAIRBANKS RD SILVERGROVE DR DEAD END 61 LAKE DR WOODLAND DR ANNA LAKE DR 61 KINGSTON RIDGE BLOOMINGDALE DR WELLINGTON LN 63 Page 41

42 IMPERIAL RD PIONEER CT KINGSTON RIDGE RD 66 KINGSFORD DR PENNY RD W. BRIDGEFORD DR 71 SUNRISE RD FAIRBANKS RD CIRCLE 72 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (8) Amendment to the Code of Ordinances Designated School Speed Zones (PD05-001) Committee unanimously recommended approval of an amendment to the Code of Ordinances regarding designated school speed zones. The NC Department of Transportation has requested that the Town of Cary adopt a concurring ordinance for Sec , Schedule XIV: Designated school speed zones. The changes are related to the Cary High School pedestrian study that was recently completed. Staff Recommendation: Staff recommends that the Town Council approve the revision to Article X, Section , Schedule XIV, as proposed. Ordinance Amendment AN ORDINANCE OF THE TOWN OF CARY, PROVIDING THAT THE CODE OF ORDINANCES, TOWN OF CARY, BE AMENDED BY REVISING SECTION OF SAID CODE; PROVIDING FOR Sec Schedule XIV: Designated school speed zones. In accordance with the provisions of section , the following streets are hereby designated as school speed zones: ADD: SR 1313 (Walnut St.) from Cary Towne Blvd. / SR 1497, eastward to 0.06 mile east of SR 1415 (Maynard Rd.), to be in effect from 6:40 a.m. to 7:40 a.m. and 10:30 a.m. to 3:45 p.m. on school days only for Cary High School. 25 mph SR 1415 (Maynard Rd.) from Tanglewood Dr. to Cary Towne Blvd./ SR 1497 (Western Blvd.), in effect from 6:40 a.m. to 7:40 a.m. and 10:30 a.m. to 3:45 p.m. on school days only for Cary High School 25 mph DELETE: SR 1313 (Walnut St.) from Cary Towne Blvd. / SR 1497, eastward to 0.06 mile east of SR 1415 (Maynard Rd.), to be in effect from 45 minutes before to 15 minutes after school begins, from the start of lunch to 15 minutes after lunch ends, and from 15 minutes before to 90 minutes after school ends on school days only for Cary High School: 25 mph. SR 1415 (Maynard Rd.) from Tanglewood Dr. to Cary Towne Blvd./SR 1497 (Western Blvd.), in effect from 45 minutes before to 15 minutes after school begins, from the start of lunch to 15 minutes after lunch ends, and from 15 minutes before to 90 minutes after school ends on school days only for Cary High School. 25 mph. Page 42

43 Section 2. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the Town of Cary, North Carolina, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the numbering system of the Code. Section 3. This ordinance shall become effective on the day of, Adopted the day of, ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Ordinance is also on file in the town clerk s office.) (9) Collector Avenue Policy (PL05-002) Committee unanimously recommended approval of a new collector avenue standard. A collector avenue policy was originally presented to the Operations Committee in February In an effort to involve the development community and at the direction of Town Council, staff has conducted several developer focus group meetings to refine the original collector avenue policy. The developer focus group has met with staff on two occasions, in addition to correspondence via . A revised collector avenue policy draft, based on developer feedback and additional staff analysis is contained herein. Upon adoption, the collector avenue policy will be applied to all new and/or improved residential collector roads that meet the qualifying criteria. The collector avenue policy contains two design alternatives, a standard cross-section and an alternative standard cross-section in an effort to offer developers some flexibility in meeting the goals of the policy. The standard cross-section requires a landscaped median and includes a minimum driveway spacing distance to reduce the number of driveway cuts along the road. The alternative standard eliminates the landscaped median requirement, but completely restricts private driveway cuts along the entire length of the collector avenue. Both standards require the installation of on-street bicycle facilities and restrict on-street parking in an effort to facilitate safer and more efficient bicycle and pedestrian transportation. Staff Recommendation: Staff recommends approval of the Collector Avenue Policy. POLICY STATEMENT 140 Collector Avenue Road Classification Prepared by: Juliet Andes, Sr. Transportation Planner Adopted by Council: 8/12/2004 Effective: 8/12/2004 Purpose To adopt an official policy regarding the development of a new road standard, collector avenues, in all future residential roadway design. Page 43

44 Goals of Policy: To address neighborhood concerns regarding speeding and the need for traffic calming measures To allow for more major streets to function as intended, carrying local traffic to arterials To restrict and limit access along major collectors through the addition of medians Coverage This policy, upon adoption by the Town Council, shall be applicable and implemented with all new residential development within the Town of Cary if the qualifying criteria outlined in this policy statement are met. This policy will not apply in Activity Centers or within the Town Center Area Plan boundary. Policy The Town Council of the Town of Cary hereby establishes the following policy to define collector avenue criteria, design requirements and design recommendations. Qualifying Criteria: If the proposed collector road has a future ADT of 3,000 or greater and meets one of the following criteria, the collector avenue classification will apply. 1. Links to two arterial streets 2. Classification as a major collector road by the Town or a neighboring municipality Two cross-sections for the Collector Avenue designation are applicable, a standard cross-section and alternative standard cross-section. Design requirements for both are as follows: Standard Collector Avenue Design Requirements: A. Minimized driveway cuts along Avenues. A minimum distance of 160 ft. between driveway cuts will be required. Exceptions to this requirement must be approved by Town staff. B. Installation of bicycle facilities in the form of striped bicycle lanes will be required. (Note: Thermoplastic pavement markings will be required for lane and bike lane accommodations). C. On-street parking will not be permitted. D. Typical speed limit posting of 35 mph (maximum). E. Materials selection and layout for permanent turf, plantings, and plant beds will be illustrated on the submitted plan for review. Medians and traffic island landscape maintenance will be the responsibility of the Homeowner s Association. All ornamental plantings shown on the plan will be maintained by the Homeowner s Association. A maintenance agreement will be required as part of site plan submittal. Planting design will conform to requirements of the Town s Land Development Ordinance and planting dimensional and selection guidelines provided in the North Carolina Department of Transportation (NCDOT) Guidelines for Planting within Highway Right-of-Way. Plant installation technical specifications and details will conform to the Landscape Development Ordinance. F. New road to be named as an Avenue G. Cross-sections: (see Engineering Drawings) Page 44

45 *Note: Alternative street cross-sections to consider street tree plantings between the road and sidewalk will be reviewed on a case by case basis. Alternative Standard Collector Avenue Design Requirements: A. All single-family residential driveway cuts will be restricted. Exceptions to this requirement must be approved by Town staff. B. Installation of bicycle facilities in the form of striped bicycle lanes will be required. Thermoplastic pavement markings will be required for lane and bike lane accommodations. C. On-street parking will not be permitted. D. Typical speed limit posting of 35 mph (maximum). E. Medians will not be required with the Alternative Standard cross-section due to the restriction of single-family residential driveway cuts. F. New road to be named as an Avenue G. Cross-sections: (see Engineering Drawings) *Note: Alternative street cross-sections to consider street tree plantings between the road and sidewalk will be reviewed on a case by case basis. Page 45

46 Design Recommendations: The following design recommendations are encouraged to meet collector avenue requirements: A. Shared access driveways between adjacent lots fronting Collector Avenues (applicable for the Standard cross-section only). B. Construction of half circles to accommodate groups of driveways off of the main Collector Avenue alignment. C. Rear alley construction to provide rear access to development fronting Collector Avenues. Design Exceptions (must be approved by staff and submitted via written request): A. Infill projects; defined as roads 1,500 ft. or more in length through vacant land, surrounded by the built environment B. Spacing Requirements C. Planting design not conforming to the Town LDO or NCDOT guidelines D. All other exceptions must be approved by Town Council ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (Policy Statement 140 is also on file in the town clerk s office.) (10) Proposed Revision to the FY05 Capital Budget (PWUT05-003) Committee unanimously recommended deleting FY05 CIB Project SW1108, Waste Activated Sludge Pumping from NCWRF to SCWRF Feasibility Study, and creating a new FY05 CIB Project, Waste Biosolids Management Plan. In October 2003, during the development of its recommendations for the FY2005 Capital Budget, staff proposed a feasibility study to examine methods of moving waste biosolids from the NCWRF to the SCWRF where the new thermal biosolids dryer is being built. In January 2004, there was a catastrophic failure of the aeration piping in a digester at NCWRF, which resulted in very bad odors being emitted into the surrounding neighborhoods. In May 2004, staff, with the consent of the Town Council, hired a consultant to perform the NCWRF Odor Identification and Abatement Study. One component of this study was a review of alternative sludge (i.e., biosolids) management strategies. This part of the study answered the feasibility issues which had been proposed for project SW1108, but created another set of issues for examination. The scope of new project would be an examination of the current biosolids facilities to process the waste biosolids at each plant site; reviews of how the waste biosolids are prepared for transport, of the processing of the waste biosolids at the thermal biosolids dryer prior to drying; and consideration of the variables of cost of capital facilities, not stranding any infrastructure, odor control at each site, odor control during transport, quality of the final product, and constraints of treating the nutrients in the resulting waste streams being returned to the wastewater treatment processes at each plant. Page 46

47 It is proposed that FY05 CIB project SW1108, Waste Activated Sludge Pumping from NCWRF to SCWRF Feasibility Study, be deleted and a new project, Waste Biosolids Management Plan, be included in its place, using the same $75,000 in unrestricted utility capital reserve revenue to fund the project. Staff Recommendation: Staff recommends that the deletion of FY05 CIB Project SW1108, Waste Activated Sludge Pumping from NCWRF to SCWRF Feasibility Study, and the creation of a new FY05 CIB Project, Waste Biosolids Management Plan using the same $75,000 in unrestricted utility capital reserve revenue. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (11) Award of Consultant s Contract for Western Wake Regional Wastewater Management Facilities Planning and Permitting (PWUT05-004) Committee unanimously recommended approval of an amendment to a consultant s contract for work related to the next phase of the Western Wake Regional Wastewater Management Facilities planning and permitting. Since November 2002, Apex, Cary, Fuquay-Varina, Holly Springs, Morrisville, and Wake County have been working with a consultant team of Camp Dresser & McKee, Hazen and Sawyer, and CH2M Hill to study the feasibility of regional wastewater management facilities in western Wake County. The feasibility study phase is just concluding and a final report is expected from the consultant within the next 30 days. This study recommends development of regional wastewater management facilities in western Wake County which would serve Apex, Cary, Holly Springs, and Morrisville and would return treated wastewater to the Cape Fear River by 2011, in accordance with our interbasin transfer certificate. The next steps in the development of this project are: 1) Name a lead agency for the group of project partners. Cary has been selected by the project partners to fulfill this role. 2) Develop and sign an interlocal agreement between the project partners for the next work tasks to be accomplished. This agreement, between Apex, Cary, Holly Springs, Morrisville and Wake County, was approved by the Operations Committee and the Town Council in July. 3) Develop and sign an agreement between the lead agency (Cary) and the consultant to perform the next work tasks for this project. Those next work tasks are: a) Prepare a 210 Facilities Plan for the project. b) Prepare an Environmental Impact Statement for the project and assist with the project partners in obtaining a Record of Decision on that document. c) Prepare a Preliminary Engineering Report for the project. d) Provide assistance to the project partners as they make an application for a loan from the State Revolving Loan Fund. e) Prepare and submit an application for a NPDES discharge permit for the project. The consultant team of Camp Dresser & McKee, Hazen and Sawyer, and CH2M Hill, which was selected through a competitive selection process in the fall of 2002 for the feasibility study phase and for subsequent phases of preliminary planning and permitting, continues to be preeminently Page 47

48 qualified for this next part of the project work. They will continue to use the information they have developed in the previous phases of this project as they proceed through the next part of this project. The cost of Cary s share of this agreement is shown in Attachment A. This work will be funded by a planning loan from the State of North Carolina, Division of Water Quality, through the State Revolving Loan Fund, and repayment of this loan will not begin until Staff Recommendation: Staff recommends that the Town of Cary, as the lead agency for the Western Wake Regional Wastewater Management Facilities partnership, award the professional services agreement to Camp Dresser & McKee, Hazen and Sawyer, and CH2M Hill for the next phase of the Western Wake Regional Wastewater Management Facilities project. ATTACHMENT A To Staff Report PWUT Estimated Professional Services Costs Preliminary Work Municipal Party Organizational, Institutional, Financial Development Planning and Engineering ($1.5M Loan from CG&L) Total Anticipated Expenditures FY2005-FY2027 Apex $175,000 $590,000 $765,000 Cary $300,000 $1,008,000 $1,308,000 Holly Springs $79,000 $265,000 $344,000 Morrisville $46,000 $154,000 $200,000 Total $600,000 $2,017,000 $2,617,000 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (12) Economic Development Commission Mission Update (AD05-003) Committee unanimously recommended approval of changing the official mission of Town Council s appointed Economic Development Commission to: The Cary Economic Development Commission promotes and encourages the economic, commercial, financial, industrial, agricultural, and civic welfare of Cary citizens and taxpayers by supporting the development, attraction, Page 48

49 retention and expansion of businesses, industries, commerce, and employment within the community and region. The existing mission of the Economic Development Commission, as adopted by Town Council on March 23, 2000, reads as follows: March 2000 Mission Statement To define strategies and mechanisms for Cary to realize a 60/40 residential/ commercial tax base split within the next 5 years. Secondly, the Economic Policy Commission would establish economic development standards to be codified into Cary ordinances. When the town reviews proposed development or business expansion proposals, these explicit economic development standards would balance and compliment our road, school and related metrics. Altogether these strategies and standards would keep taxes low and ensure that Cary's solid economic condition is maintained and improved. In December 2002, a presentation was given to the Town Council that included a new draft mission statement, a set of guiding principles, guidelines for policies and programs, as well as a recommended name change from Economic Policy Commission to Economic Development Commission. Specific Council approval of the guidelines for policies and programs as an appropriate framework for continued work of the commission was granted as was the name change to the Economic Development Commission. The minutes of that Council meeting do not indicate that there was disagreement with the draft mission statement, however, the new draft mission statement was not voted on to replace the original mission statement (from March 2000). The draft mission statement from the December 2002 presentation reads as follows: December 2002 Draft Mission Statement The Economic Policy Commission (EPC) shall develop a strategic plan for economic development that will help Cary to become the premier employment center within the Triangle Region. The EPC will explore and analyze economic development policies and provide recommendations the Cary Town Council. The Commission will serve as one of several forums and conduits between the Cary business community and Cary government. The Commission will proactively research and identify economic development trends and potential issues to assure a more proactive Town response. While this draft mission statement was technically not voted on at the Council meeting in December 2002, its intent as well as the guiding principles and have served to guide the actions of the EDC since that time. The EDC incorporated many new members with the start of the 2004 calendar year that began with a focus on the existing March 2000 mission statement. Since that time, the EDC has also had the opportunity to review the draft mission statement as presented to Council in December The EDC agrees with the objectives in concept as identified in the December 2002 draft mission statement and feels that they have a place within the framework of the specific goals and objectives of the EDC rather than in the mission statement itself. Accordingly, at its meeting on July 20, 2004, the EDC confirmed that its draft mission statement as approved at its meeting on May 18, 2004 is still the recommended mission statement for Council approval which is shown below: July 2004 Proposed Mission Statement The Cary Economic Development Commission promotes and encourages the economic, commercial, financial, industrial, agricultural, and civic welfare of Cary citizens and taxpayers by supporting the development, attraction, retention and expansion of businesses, industries, commerce, and employment within the community and region. Page 49

50 Furthermore, the EDC unanimously voted at its meeting on July 20, 2004 to officially confirm that the guiding principles and framework presented to Council in December 2002 are still an integral part of the future work of the commission and would continue as such under the July 2004 proposed mission statement presented above. These guiding principles and guidelines for policies and programs are reprinted here for reference: Guiding Principles 1. All economic development policies shall have as the first and foremost objective the maintenance of the quality of life objectives of Cary s citizens. 2. Ensure that property taxes remain low for Cary s citizens. 3. Broaden employment opportunities within town borders to minimize traffic and infrastructure pressures. 4. Evaluate and enhance Cary s availability of labor, infrastructure and capital resources to support new and expanding businesses. 5. Improve communication between the Town of Cary and the business community. 6. Attract clean, environmentally friendly industry to protect our natural resources and enhance our quality of life. Guidelines for Policies and Programs 1. Cary should strive to have the strongest economic development indicators in the region while maintaining its high quality of life. 2. Cary s current residential/nonresidential balance should move toward nonresidential. 3. There should be balance between retention of existing businesses and recruitment of new businesses as appropriate to economic conditions. 4. Cary should target businesses that bring higher than average economic benefits coupled with low adverse impact. 5. Cary should consider the prudent, case-by-case use of incentives to increase its economic growth. 6. Cary should focus on specific geographic areas of the Town for development and tailor programs to the unique needs of each area. 7. The commission s role should be refocused beyond that of a policy advisory group and should include economic development activities. 8. Cary s primary economic development organization for the near term should remain the Cary Chamber of Commerce with an integral and complementary role being played by the EDC. Staff Recommendation: That Council consider adopting the new (July 2004) mission statement as recommended by the Economic Development Commission which reads as follows: The Cary Economic Development Commission promotes and encourages the economic, commercial, financial, industrial, agricultural, and civic welfare of Cary citizens and taxpayers by supporting the development, attraction, retention and expansion of businesses, industries, commerce, and employment within the community and region. ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. (13) Skate Park Operations (PR05-004) Committee unanimously recommended that the Town manage the operations Sk8-Cary in-house. To this end, committee also recommended 1) Authorization of one new permanent position (Skate Park Supervisor, Grade 21, Nonexempt), 2) Approval of the budget for revenues and expenses for the remainder of FY2005 to be established in a sub-fund of the general fund, 3) Authorization of the budget adjustments necessary to consolidate already- Page 50

51 approved funding into the new Sk8-Cary sub-fund and appropriate new funding needs for FY2005 of $8,978 from general fund fund balance, and 4) Approval of revenue increases effective January 1, In March 2002, Council approved the general terms of a three year contract with Sanctuary Skate Parks USA, Inc. to provide services and manage Sk8-Cary through August 31, Sanctuary had established itself as a leader in skate park management and eventually contracted with 13 municipalities in the southeast including Chattanooga, Tennessee, Macon, Georgia, Fort Meyers, Florida, Montgomery, Alabama and others. In May 2003, Huna Designs from Lewisburg, Pennsylvania purchased Sanctuary Skate Parks USA, Inc. Huna Designs, an affiliate of Playworld Systems Inc., subsequently began overseeing management and operations of Sk8- Cary. This was a seamless transition as Sanctuary staff was hired by Huna Designs Inc. As Huna evaluated the industry and contract management, they decided to withdraw from operating all 13 skate park facilities. In May, 2004 Huna Designs Inc. informed the Town that they would no longer continue to manage Sk8-Cary. The decision by Huna has presented two options to staff: seek another management company to continue operations or utilize in-house management. To maintain operations without interruptions, staff has negotiated the following settlement: 1. Sanctuary will run the skate park through September 30, 2004 in a manner commensurate with how it has been operated to date, or better, and in accordance with the Agreement; 2. Sanctuary will pay the Town the monthly payments due through the completion of the contract term, which is $13,000 (August 04 September 05). 3. Sanctuary will assign and transfer all of the fixtures (including cabinets, counters, fixtures, hang racks, flat walls), point of sale materials including the fax and related software (but excluding the computer), as provided below. The purchase price of the inventory for resale remaining as of September 24, 2004, shall be agreed upon by the Town and Sanctuary as a result of a jointly conducted physical inventory. In the event the Town shall desire to purchase the remaining inventory as determined on September 24, 2004, the mutually agreed purchase price shall be subtracted from the final payment that is due September 30, All Sanctuary fixtures and other assets at the skate park shall be conveyed to the Town assigning good and clear title, free and clear of all liens or other encumbrances, for $1.00. On or before September 30, 2004, Sanctuary will make all necessary repairs to the facility prior to terminating the Agreement subject to normal wear and tear of the facility. The facility will be turned over to the Town on September 30, 2004 in good repair and condition. Town of Cary Building and Grounds staff will conduct a facility inspection to determine all repairs to be made. A list of any repairs deemed by the Town beyond normal wear and tear of the facility will be forwarded to Sanctuary by July 31, If any damage to facility or fixtures occurs after the July 31, 2004, such shall also be repaired. All repairs deemed to be the responsibility of Sanctuary will be made prior to September 30, Sanctuary shall provide evidence that all sales and other taxes have been paid through September 30, 2004, and shall provide all the reports and the Annual Statement through September 30, Sanctuary will also turn over all records, or copies thereof, pertaining to the skate park operations since initial operations began in July 2002 by November 12, Sanctuary consents to the Town hiring any of Sanctuary Skate Park employees presently employed at the facility, at the Town s sole discretion. 6. Sanctuary consents to the Town using, at its sole discretion, Sanctuary Action Sports Clinics program plans and to the reprinting of plans for models of instruction and in conducting camps, clinics and instructional programs. Page 51

52 Financial status under current contract: Under the current terms of the agreement with Huna Designs/Sanctuary Skate Parks, Inc., the Town receives 8% (minimum of $1000/month) of gross revenue including membership, entry, concessions, and retail sales. The Town also receives 50% of special events revenue. However, only one special event has been conducted since the park opened in July The Town expenses are limited to janitorial services, light use, leased lighting program and some Public Works support cost. A leased lighting program with Progress Energy includes maintenance and bulb replacement over the life of the agreement. A breakdown of 2003/2004 YTD revenue and expenses are as follows: YTD Town Expenses Custodial $5,355 *$2,135 Lighting Use $4,869 *$1,909 Leased Lighting ($768monthly) $9,225 *$4,613 PW/BG Cost $7,932 $4,034 Total $27,381 $12,691 Town Revenue $12,000 $6,000 Difference ($15,381) *($6,691) *5 months only The goals and objectives for Sk8-Cary are. 1. To enhance the quality of life for the residents of the Town of Cary and surrounding area by providing a permanent and safe recreation facility for skating and biking. 2. To create and execute a management and operating philosophy which is consistent with the Mission Statement, Statement of Values and Goals of the Town of Cary. 3. To staff, manage, operate, and maintain the Skate Park to the highest industry standards in the best interest of the Town of Cary and the general public. 4. To develop and consistently implement policies and procedures that ensures the safety of the facility users. 5. To develop programming that maximizes facility use and revenue including opportunities for drop in or session participation, instruction, clinics, and special events. 6. To provide a wholesome social environment for youth. 7. To protect and maintain the facility s condition so as to preserve and improve the Town s capital investment. 8. To provide the highest level of friendly, accurate, and responsive customer service. 9. To maximize revenues and provide convenient services such as concessions, retail sales, rentals, and/or other opportunities. 10. To promote the facility and programming in such a manner that enhances the reputation of the Town of Cary in the provision of recreation opportunities. 11. To include input from users in developing operations and programming. 12. To provide revenues that offset operating costs. The original goal for item 12 regarding revenue was to more than offset operating costs. Due to the history of operations over the first two years, Staff recommends that the target should be for revenues to offset operating costs. Moving Forward: Since the notification of contract termination in May 2004, staff has conducted research on skate parks to compare contract and in-house operations. This included an on-line search for potential management companies as well as skate parks around North Carolina and one company that Page 52

53 was recommended by Huna Designs located in California. Research has indicated that very few management companies have developed around the country although the industry has increased in popularity. Currently only one North Carolina park, Chapel Hill, maintains a contract operation. Staff identified two potential management companies: California-based Real Ride and Vertical Urge located in Raleigh. While contract management appeared to be the best option two years ago, due to the geographic distance between the Town and the management company, staff has spent as much or more time supervising the operations of the skate park as it has other Town operated facilities. Under Huna Designs management, participation at Sk8-Cary has declined over time (see chart below). Although an anticipated dip is expected after the initial excitement over a new facility wears off, staff does not believe that the level of participation should have declined to current levels. This is attributed to Huna s lack of communication with participants for membership renewals, no advertising and lack of programs and special events. The long distance contract management relationship with Sanctuary Skate Parks Inc. and Huna Designs has not worked at this particular venue and therefore is not recommended. Attendance FY03 Attendance FY04 Jul-02 2,215 Jul-03 1,442 Aug-02 2,199 Aug-03 1,606 Sep-02 1,653 Sep-03 1,615 Oct-02 1,532 Oct Nov-02 1,404 Nov Dec Dec Jan Jan Feb Feb Mar-03 1,576 Mar Apr-03 1,645 Apr May-03 1,425 May Jun-03 1,230 Jun Total 17,298 12,043 Staff began formulating an alternative plan for operations and in the process was approached by John McKay, President of Aloha II, Inc. who operates Vertical Urge, a multi-board and skate supply business as well as Studio 58 which includes an indoor skate facility in Raleigh and a retail shop in Cary. Mr. McKay was provided with information concerning SK8-Cary operations to include attendance, memberships, sales and concessions. After reviewing the information provided, Mr. McKay advised staff that Aloha II, Inc. would not be interested in a management agreement with the Town as the corporation was exploring the potential of opening other indoor skate facilities. Due to the inadequacies in contract management and lack of a viable management company, staff has formulated a business plan to operate the facility with Town personnel. Consequently, staff researched in-house operations of North Carolina skate parks including Asheville, Greenville, Jacksonville, North Wilkesboro and Wilmington. The first step was to determine staffing levels with comparable municipalities. Research indicated several models for staffing ranging from 1 full-time employee with temporary support, to unstaffed facilities that remain open to the public similar to a playground. Staffing models of the departments that were researched were as follows: Page 53

54 Municipality Asheville Chapel Hill Greenville Jacksonville Wilmington North Wilkesboro Staffing Level 1 FTE, plus Temporary support Contract Management Temporary Temporary Temporary Unstaffed Facility As staff researched North Carolina skate parks, it was determined that the Asheville skate park goals and objectives as well as operations style closely mirrored Sk8-Cary. Other parks researched did not share comparable levels of service expectations. For example, Asheville has been aggressively implementing programs, camps and events to attract participation and spectators. In order to provide this level of service, meet the revenue expectations, avoid high employee turnover and carry out the business plan, a full-time employee is needed. It takes this level of experienced supervisory staff to develop and implement programs, clinics, camps, demos and special events while adhering to and establishing appropriate policies, procedures and safety measures. In order to best meet and maintain the current goals and objectives, staff recommends that Sk8-Cary be staffed by a regular full-time Facility Supervisor, supplemented with temporary positions for instructors and center aides. Other benefits of conducting operations in-house with a full-time employee are as follows: Enforcement of safety guidelines and posted rules are a vital part of patron safety Instructional programs will fulfill a need for younger and inexperienced patrons and potential patrons Proper staffing will improve operations from a safety and participant perspective Direct involvement by PRCR Town staff will ensure product availability and proper facility maintenance Instituted procedures will ensure proper audit trails, ramp maintenance and mirrored PRCR procedures for opening and closing of facilities Recommended maintenance schedule by Woodstock designs will be followed as intended Employees will be CPR and first aid certified Expectations of citizens and skate park patrons will be met or exceeded Revenue Sources: In order to off-set costs of operation, staff has identified several revenue sources in the business plan. Expectations include continuation of current membership and entry fee procedures. The largest impact and potential for increase in revenue can be realized through the introduction of programming. The lack of programming is an area that has been identified as a potential revenue source that was never offered under the Sanctuary Skate USA, Inc. management contract. Staff would implement instructional classes, clinics and camps to generate revenue to support operations. As mentioned before, Asheville has been successful in the implementation of programs in these areas. Staff recommends that the level of service for concessions and rental gear continue at the current level. The single area staff is recommending to reduce service is a reduction in the number of clothing items. However, staff is including in the retail plan equipment and supplies associated with skateboards and skates such as decks, wheel, trucks, wheel bearings, safety pads and other related merchandise. A summary of revenue options is listed below. This summary addresses a proposed session fee increase effective January 1, 2005 of $1 per two-hour skate session for members. Member bike sessions would be increased $3 per two-hour bike. In staff s research of the limited facilities that allow bikes at these types of facilities, a higher entry fee is charged because bikes cause additional maintenance requirements/repairs at the park. There are opportunities in the revenue options summary for both skaters and bikers to purchase resident and nonresident session and annual passes at Page 54

55 lower rates of entry. The revenue summary options propose resident and nonresident membership fees increase by $5 and $10 respectively, effective January 1, Membership and Entry Fees: Current Effective January 1, 2004 Member entry Skate $2/session $3/session Member entry Bike $2/session $5/session Nonmember entry Skate $7/session $8/session Nonmember entry Bike $7/session $10/session Resident Annual Pass Skate $250 Resident Annual Pass Bike $400 Nonresident Annual Pass Skate $275 Nonresident Annual Pass Bike $ Session Pass Skate (Members Only) $23 (25% savings) 10 Session Pass Bikes (Members Only) $38 (25% savings) 25 Session Pass Skate (Members Only) $53 (30% savings) 25 Session Pass Bikes (Members Only) $87 (30% savings) Instructional Programs 160% direct cost Clinics/Camps 160% direct cost Proposed (January 1, 2005) Resident Membership $20 $25 Nonresident Membership $40 $50 Staff would also implement incentive entry options listed above such as annual, 10 and 25 Session passes to generate additional revenue. None of these sales options are currently offered at Sk8-Cary. 2. Concessions Sales: Increase concessions and variety of concessions offered 3. Rental Gear: Elbow, knee, and wrist pad, helmets 4. Instructional clinics and camps: 160% direct cost recovery of instructional and supply cost 5. Special Events and Demo: Up to 100% cost recovery 6. Other Retail: Decks, pads, wheels, other related items relative to retail operation Operations and Maintenance Costs As shown in the table below, staff has prepared a comparative analysis of the expenses and revenues during the current contract management arrangement, and the projected revenues and expenses for the period of October 1, 2004 to June 30, For the current fiscal year 2005, PRCR personnel costs include staffing the facility with one full-time employee Grade 21 supplemented by temporary personnel to facilitate programmed operating hours. Temporary personnel costs also provide contracted instructors to teach programs, camps, and clinics. PRCR operations and maintenance costs include employee training and travel, telephone, utilities (including light lease), advertising, printing, supplies (including pro shop cost of goods, general office and janitorial supplies), small equipment and furniture, employee uniforms, contract maintenance for ramp maintenance and repair, tech services (one-time costs include set-up costs for point of sale equipment, CLASS software, mounting rack, frame relay installation, printer, MS Office software and Lotus notes, annual tech services costs include lease of the PC, router, and frame relay monthly line charges). Public works services programmed are exterminating contract, mulching of grounds inside and outside of the fence, mowing contract, and special event support. PRCR SK8-Cary staff will be performing in-house janitorial services, power washing of facility areas and daily trash emptying and grounds trash monitoring and pickup at the facility. The Page 55

56 additional insurance coverage for the Town at the park is programmed into the budget. General liability insurance of $1.0 million per occurrence, $2.0 million aggregate and $1.0 million excess liability with projected effective date of October 1, 2004 and can be renewed in FY2006 on October 1, 2005 at an annual premium of $5,000. Staff compared this to the current levels at other North Carolina skate parks and can obtain these levels of coverage (see chart below for Summary of Liability Options). Summary of Liability Coverage Options Municipality Level of Coverage Cost Asheville Self-Insured Chapel Hill 3 Million $11,000 Greenville Self-Insured Current Sk8-Cary 1 Million $5,500 Proposed Sk8-Cary 3 Million $5,000 FY2006 budget costs include the full fiscal year cost for personnel with a projected increase in temporary salary costs for contracted instructors to teach additional programs, camps and clinics. Program revenue will offset any increase in temporary salaries in this area. Supplies were increased for additional merchandise to be purchased for sale for the added three month period not programmed for in the FY05 budget. Public works support was minimally increased for added special event support. Tech Service annual cost for FY2006 does not include any budget increases other than the incremental three month operational cost Contact Management Projected FY2005 Budget under Town Management Projected FY2006 Budget Town Expenses PRCR Personnel Costs $58,487 $78,008 PRCR Operations & $19,449 $25,882 $33,441 Maintenance TS One Time Costs $3,470 $0 TS Annual Costs $3,770 $4,730 Public Works Services $7,932 $10,731 $11,031 Risk Management-Insurance $5,000 $5,000 Total $27,381 $107,340 $132,210 Town Revenue Membership/Entry $51,757 $59,757 Concessions $16,000 $22,457 Rental Gear $2,605 $2,605 Instructional Programs $8,300 $10,375 Other Retail $19,700 $23,370 Total $12,000 $98,362 $118,564 Difference ($15,381) ($8,978) ($13,646) Staff Recommendation: 1. Authorize one new permanent position: Skate Park Supervisor, Grade 21, Nonexempt. 2. Approve the budget for revenues and expenses as identified in the summary above for the remainder of FY2005 to be established in a sub-fund of the general fund. 3. Authorize the budget adjustments necessary to consolidate already approved funding into the new Sk8-Cary sub-fund and appropriate new funding needs for FY2005 of $8,978 from general fund fund balance. 4. Approve revenue options summary increase effective January 1, Page 56

57 ACTION: Mrs. Robison made a motion to approve the consent agenda, except for items B.2.b., Crossroads Activity Center Concept Plan, item B.1.d., first reading of the Cable TV ordinance, and item B.1.e., first reading of the Cable TV franchise agreement. Ms. Dorrel provided the second, and council granted unanimous approval. b. For Information Only (no council discussion or action necessary) (1) Application for Section 319 Water Quality Grant (PL05-001) Information regarding an application for a $150,000 grant from the NC Division of Water Quality to create a Southwest Area Plan Low-Impact Development Demonstration Project The Planning Department submitted a proposal to the NC Division of Water Quality (NCDWQ) for FY05 Section 319 grant funding. This year's application process was very competitive. NCDWQ received 37 proposals with a total requested amount of approximately $5 million, competing for $1.16 million. Based on the evaluation and ranking process conducted by Division of Water Quality staff and the interagency NPS Workgroup, Cary has been selected as a finalist, and has been invited to interview before the NPS Workgroup on Wednesday, August 11. Announcement of the final projects to receive funding will be made by September 3, Section 319 refers to the federal Clean Water Act that authorizes the Environmental Protection Agency to provide funds to designated State agencies to implement their non-point source pollution control programs. Town staff applied for a Section 319 grant of $150,000 for a Low- Impact Development Demonstration Project to help implement the Southwest Area Plan (SWAP). The SWAP establishes Conservation Residential areas in which developers would be required to preserve open space and other environmentally sensitive areas in exchange for allowing higher densities of homes on the remaining land. In order to do this and maintain acceptable environmental standards for nitrogen runoff, developers may be required to integrate Low-Impact Development (LID) techniques into their site and stormwater plans. Until the adoption of the Southwest Area Plan, local developers have not had to use these techniques and may have little understanding of how to implement them. This project would pair the Town staff, a subcontractor, and a land developer together to implement and monitor LID technologies on a future residential subdivision in the Green Level area. There are four objectives of this project: 1. Preserve the water quality of Jordan Lake and of the ground and surface waters in Green Level through the use of Low-Impact Design (LID) techniques. The LID techniques will integrate stormwater quality and quantity controls in order to mimic the natural hydrologic cycle. 2. Enable stakeholder collaboration in applying LID methodology. This demonstration project provides an opportunity for a developer to work closely with the Town to design, install, and monitor these techniques together. The Town planning staff and the developers will be exposed to the application of LID in residential settings. 3. Promote the LID concept and educate landowners and developers on LID techniques. The Town will organize workshops which consist of both presentations on the LID concept and implementation methods, and field trips to the case study area. The LID workshops will target the local development community (Triangle area). This education will demonstrate that the LID techniques are a viable alternative to conventional stormwater controls. The LID techniques can be integrated into the site to 1) meet the developer s goals, 2) reduce development costs, and 3) meet the Town s nutrient management goals. Implementation of Page 57

58 an LID project will facilitate the application of these techniques in residential developments both in Green Level and in other parts of Cary. 4. Measure the effectiveness of LID techniques in a greenfield environment. This project would provide the Town and sub-contractor with an opportunity to measure runoff quality and quantity before, during, and after the implementation of LID to determine the effectiveness of these techniques and to verify that water quality and quantity goals have been achieved. The total project cost would be $260,000, with matching funds of $110,000. Matching funds would consist of $40,000 for the in-kind services of Town of Cary staff (salary and fringe benefits), and $70,000 for the site design, construction, and monitoring of the LID techniques. This cost would be borne by a local developer to be selected through an RFP process. While no cash match from Town would be required, grant funds are provided on a reimbursement basis, meaning the Town would expend $150,000 outright, then, upon project completion, submit an invoice with proof of expenditures and matching funds to request reimbursement from NCDWQ. For information only; no action required. (2) US 1/64 Pedestrian Crossing (PR05-005) Update on the progress of the design of the pedestrian overpass as part of the NC Department of Transportation US 1/64 widening project At the May 13 th Town Council meeting, the Municipal Agreement between Department of Transportation (DOT) and the Town of Cary was approved for the widening of US 1/64. As part of this agreement, DOT agreed to design and construct a pedestrian overpass over US 1/64. Since the approval of the agreement in May, the structural design staff of DOT has been working on the design of the bridge. They recently contacted the Town and below is a summary of the current status of the design of the bridge: Based on DOT s current design, pedestrian bridge will be approximately 315 in length. It will consist of two spans one at 151 and another at approximately 164. The width of the crossing will be 12. The ramps on the north and south ends of the bridge are to be 10' wide, with asphalt paving, a 2' shoulder on each side, and a metal handrail on both sides of the ramp, at the top of the fill slope. The bridge will extend from McDonald Woods Park (north side of US I/64) to the west side of the Wellington Ridge Condominium complex, which will provide a greenway connection to Kids Together Park. Due to its length, the bridge will have three supports or bents. There will be supports at either end. Of these three, only the center bent at the median will be visible. (Also, the bridge will be slightly skewed [76 degrees] from the road which will further obstruct the views of the bents.) The center bent will be a hammerhead type and is slim (3 in width). The remaining issue for the bridge is its style or appearance. Due to the truncated schedule of this project, and original high estimate of the cost of the bridge, there has been limited opportunity to affect its design. (The current schedule of the widening of US 1/64 is that bid packages will be available in September. They will be due in October, opened in November, with the notification to proceed in January of 2005.) In terms of bridge types, there were two choices available. The first choice is a Through-Truss which essentially is a box design. The second is a Bowstring Truss, which has curves or Page 58

59 arches within its structure. The Bowstring Truss was chosen because it is visually more appealing. With this style, there will be two low curves to the bridge. There are three finishing choices for the bridge: 1) weatherized steel which would have a rusted appearance; 2) painted steel which would add 12% to the bridge cost and require painting approximately every 10 years; and 3) metalized finish which also adds 12% initial costs but does not require future painting. The bridge will have the metalized finish due to a combination of aesthetic issues and reduced maintenance. As the project progresses, there will be an opportunity to consider enhancing the bridge as a public art project. Additional details regarding the options and potential costs will be brought forward to Council later in the fall. The bridge costs will actually be less than the amount anticipated when the project was approved by Council in May as indicated below. May 13 th Estimate DOT Contribution $ 635,000 Town of Cary $1,165,000 $1,800,000 Current Estimate (8/4) DOT Contribution $ 635,000 Town of Cary $ 675,000 $1,310,000 The current estimate includes the Bowstring Truss with the metalized finish. For information only; no action required. (3) Village of Troon Private Streets and Access Points (EN05-012) Committee requested that staff continue to work with residents of the Village of Troon to develop a mutually acceptable solution to the street and access issues. Committee further requested that staff investigate standards for multifamily residential to help prevent such occurrences in the future. A formal request was submitted from the Village of Troon residents representing the culmination of individual concerns that have been presented to Staff over the years. Several concerns have been forwarded to the normal process for things like sidewalk requests and traffic signal operations. Three areas remain unresolved. Private streets within the development have maintenance costs that must be borne by the Homeowners Association (HOA). Access on Kildaire Farm Road utilizes a right in / right out which has both safety and convenience concerns. Access to Baines Court creates concerns with yielding and right of way. Private Streets The residents would like all the primary streets to become Town maintained. Primary streets include Troon Village Lane, Baines Court, Calton Hill Court, McKirkland Court, and Thistle Briar Place. Since McKirkland and Thistle Briar Place are dead end sections with sharp curves and no cul-de-sacs, Staff does not have interest in taking over these streets. We agreed to do a more detailed analysis for Troon Village, Baines, one block of Calton Hill, and one block of McKirkland. These are the primary through streets in the neighborhood and are most likely to carry through traffic. These through streets are about one-half of the primary streets which are 4,000 feet in length. Page 59

60 The Village of Troon was developed as a site plan. Ordinance requires site plans for higher density developments. All attached residential in zonings like RMF-8 and RMF-12 require site plan submittal. Detached residential with lots less than 8,000 square feet also require site plan submittal. Most site plan developments have private streets as it would be difficult to meet the desired density with public streets and the associated setback requirements. As seen in the attached 2002 aerial, very little area is undeveloped; buildings, roads, and other improvements cover the area. Staff performed a punch list inspection of the through roads (attached). Very few of the standards for Town maintained streets are met. To upgrade the streets to Town Standards would require all curb and pavement to be removed and replaced per Town of Cary Standard Specifications and Details. It would be very expensive to upgrade the roads after they are built because of the difficulty in removing the existing structures while maintaining access to the homes. A very preliminary estimate to upgrade the through streets is $650,000 ($4,800 per home) assuming right of way is dedicated at no cost. Staff would support the through streets becoming Town maintained if upgraded to Town standards. Who upgrades the streets will become the most significant decision to be made. If the development was originally built with Town maintained streets, the additional cost of land because of a lower unit yield and meeting Town Standards would have increased sale price. If the Town funds upgrades to the streets, all tax payers would subsidize home purchase price for 136 Village of Troon homes. It is possible to assess the HOA for the cost to upgrade the through streets. The HOA would need to agree to this arrangement. Dues could be increased to cover the assessment cost. Kildaire Farm Road Access When the rezoning was submitted for this tract of land, one of the concerns expressed was about access to Kildaire Farm Road. Castlewood Drive and several single family home driveways access Kildaire Farm Road on the opposite side. The property owner submitted a rezoning condition moving the access point south so it would not be aligned with Castlewood and restricting that access to right in right out so it would not conflict with the driveways. Village of Troon residents have concern with the current configuration. Many drivers make left turns at this location. U-turn movements occur at this location as for customers of the retail area near Kildaire Farm Road. Residents would prefer full access for convenience. Access to Baines Court is also right in / right out so the development has no full access. Staff has analyzed the crash data and a significant problem does not exist. Since a large number of people use this location to make u-turns, the number of u-turn related crashes is higher than anticipated. No angle accidents which have greatest property damage and safety concerns have occurred. If improvements to the intersection are desired, Staff recommends the following options in priority order. Under all options, Staff recommends the developer or HOA pay the cost. Option 1. Option 2. Convert Troon Village Lane to right in only. Reconstruction of the island would be needed. About 200 feet of Troon Village Lane to the first driveway would become one way. Improvements could be made to the existing right in / right out. The travel area could be narrowed and a median could extend along Troon Village Lane to reduce the number of left turns and u-turns. Page 60

61 Option 3. Option 4. A median could be added along Kildaire Farm Road to make left turns more difficult and to make u-turns more difficult and to move u-turns away from the intersection. This will also restrict access to the driveways in the area. Those homeowners on the opposite side did not want a median when the Village of Troon development plan was submitted. Allow Troon Village Lane to become full access by removing the island. Since right in / right out is a rezoning condition, either a new rezoning would be required to remove that condition or the Town would need to overrule the condition and perform the work. A traffic signal at this location is not desirable due to spacing requirements. Residents would need to understand that if a safety concern existed in the future, the solution would not be a traffic signal. If this option is pursued, a petition may be appropriate to relay this information. Baines Court Access The cul-de-sac on Baines Court has five existing or proposed driveways. Two more driveways are located along the straight portion of the street. Access to Village of Troon continues straight into the development, but the exit has a stop sign which is not typical, as this is essentially the through movement. Many of the drivers fail to stop as they enter the cul-de-sac and if they do stop, it is unclear which driver must stop or yield. To resolve this, Staff recommends eliminating the cul-de-sac and reconfiguring the driveways. Baines Court will then be continuous, and it will be clear that the driveways must yield. Since Baines Court is a Town maintained road, it is eligible for Town funding. The decision to fund a new project could be made as part of the FY 2006 budget process so it could be analyzed for funding with other priority projects. Staff Recommendation: 1) Town assume maintenance of through streets (Baines, Troon Village, one block of Calton Hill, and one block of McKirkland) after improvements to bring these streets up to Town Standards are made by the developer or HOA. 2) If the residents want improvement at the intersection of Kildaire Farm Road, a right in should be constructed by the developer or HOA. 3) Baines Court cul-de-sac should be eliminated and should be placed on the FY2006 Capital Improvements Budget to wait for funding. Village of Troon Punch list Inspection Date A punch list inspection was performed to determine street condition for acceptance by the Town of Cary. Four streets were inspected; Troon Village Lane, Baines Court, and two one block sections of Calton Hill Court, and McKirkland Court between Troon Village Lane and Baines Court. Drainage systems were not inspected below the surface during this preliminary inspection. Catchbasins, manholes, and piping will need a future inspection to determine condition and repairs necessary for the Town to maintain. General for all streets inspected 1. Horizontal and vertical designs do not meet Town Standards. Streets do not have continuous grades or vertical curves. Streets tend to be high at intersections and low at Page 61

62 intermediate points to force drainage to structures. The road would need to be completely rebuilt to meet Town Standards for horizontal and vertical design. 2. Twenty-four inch curb and gutter was used. Town Standards require thirty inch curb and gutter. Smaller curb and gutter has less beam strength and less mass to resist cracking and settling as vehicles mount or strike it. 3. If sidewalk exists it is only four foot wide compared to Town Standard of five feet. Sidewalk does not extend along the length of the road. In general, it typically connects from the driveway to the home door. Sidewalk is required along one side of each street and must be five feet wide to meet ADA requirements for public areas. 4. Curb radius at intersections if fifteen feet, Town Standard is twenty-five. Turning vehicles run over the curb with a tighter radius cracking the curb and rutting behind the curb. 5. Street lights do not meet Town Standards since decorative lights have been used. One of two solutions would be required to meet Town Standards. The lights could be changed to meet standards, but this would be costly as the capital charges have not been recovered by Progress Energy. The homeowners could continue to pay the cost in accordance with Town policy on street lights along Town maintained roads. 6. Speed limit would need to be changed to 25 MPH and new signs installed. 7. Pavement width is 21 feet and Town Standard minimum is 22 feet. 8. No right of way exists and the Town s Standard for a residential street requires 50 feet of right of way. The homes are very close to the street and would not meet setback requirements if right of way was dedicated. Minimal distance will make it difficult to excavate for future road maintenance as excavation close to the structure may undermine the home foundation. While special construction methods such as soil staples can be used in these cases, they are very costly. 9. It appears that additional drainage structures may be needed to meet Town Standards due to the large amount of impervious area that drains toward the road. A complete engineering analysis of the road drainage system would be needed and the system would need to be improved based on those findings. 10. Irrigation system is located in the right of way. In this case, it appears to be saturating the subgrade causing premature pavement failure. To correct the situation, the irrigation system should be disabled permanently or an under drain system should be installed below the pavement. 11. All water meters and sewer service cleanouts should be moved to the right of way lines. 12. Roads do not have normal crown so water will drain toward the curb. Water in the road creates unanticipated slick conditions in dry weather and ice problems in freezing weather. Water on the surface strips asphalt from the aggregate accelerating pavement deterioration. 13. All street signage should be changed to meet MUTCD (Manual on Uniform Traffic Control Devices). If decorative sign posts or frames are used, all signs shall be maintained by the homeowner per Town policy. 14. Retaining walls are built in the area that would be in the right of way. Retaining walls are not allowed in the right of way because a wall failure would impact the street. In this case, they are supporting the home since there is not enough distance between the home and street to build a non-eroding soil slope. While it may be acceptable to allow the retaining walls to maintain as an encroachment maintained by the homeowner, an inspection and report would be required since the condition of the walls are unknown. 15. Handrails should be installed along all retaining walls in the right of way to prevent a liability problem. 16. Driveway aprons do not meet Town Standards. Toon Village Lane 1. Grass utility strip between the sidewalk and the back of curb would need to be increased from the current one foot to five feet. 2. Signs in right in right out islands should be installed to meet MUTCD. 3. Curb is cracked in island and should be removed and replaced. Page 62

63 4. A stop bar and crosswalk should be added at the Kildaire Farm Road intersection using thermoplastic markings. 5. One street light is too far from the road to light it properly. 6. A building is located eight feet from the back of curb. This would be 6.5 feet if the road were the proper width. The building would be in the right of way. 7. Horizontal curve is well below Town Standards. Since the building and retaining wall are in this area, it does not meet safe sight distance. 8. Water ponding at the intersection with Rigside Place. 9. Water ponding and pavement failure at Coalburn Place intersection. 10. Storm drainage frames and grates should be replaced with materials meeting Town Standards. It is our experience that the grates manufactured in India do not meet the weight requirement. 11. Add a stop sign at the intersection with Calton Hill Court. Calton Hill Court 1. Radius at intersection is damaged. 2. Some special treatment may be needed at the gang mailbox to manage parking, traffic, and pedestrians. Baines Court 1. Sidewalk behind parking stalls needs a sidewalk easement since it is located beyond the right of way. 2. Perpendicular parking spaces need an encroachment to be allowed in the right of way. 3. Brick development sign is in the right of way. 4. Retaining wall has several blocks that need to be reset. 5. Pavement failure near 210 and 212 Baines Court. 6. Replace curb at Thistle Briar Place intersection. 7. Pavement failure at 226 Baines Court. 8. Surface course of pavement does not appear to be I-2. It is very rough and porous. May be caused by excessive water. 9. Cross slope exceeds maximum super elevation on a tangent section of the road. 10. Radius holding water near 231 Baines Court. 11. Wrong grate style installed. If located in a sag, the grate slots and should be perpendicular to the curb. McKirkland Court 1. No specific comments. See general comments. For information only; no action required. C. RECOGNITIONS, REPORTS, AND PRESENTATIONS 1. Recognition of Ms. Cynthia LaChapelle, Mr. Natale Tallarino and Mr. Bernard King for their heroism. Mayor McAlister presented the following proclamations: RECOGNIZING CYNTHIA LaCHAPELLE FOR HER HEROISM WHEREAS, we need heroes in our community who by their incredible acts of decency can inspire us to follow their examples; and Page 63

64 WHEREAS, many citizens of this community contribute to the well-being of fellow residents and the welfare of all our citizens by giving tirelessly of their time and energy without desire for recognition, remuneration or personal gain; and WHEREAS, the Town of Cary is honored to pay tribute to Cynthia LaChapelle, a Cary resident since 1985, an American Red Cross first-aid instructor, and a realtor, who personifies the true meaning of a Heroine, and whose compassion and genuine commitment to the welfare of another human being is a source of inspiration to everyone; and WHEREAS, while traveling with a prospective homebuyer to see a home, Mrs. LaChapelle witnessed an automobile accident on Walnut Street; she instantly reacted and used her American Red Cross skills to assess the situation and to provide immediate care to the accident victim until the medical professionals arrived at the scene. NOW, THEREFORE, I, Ernest F. McAlister, Mayor or the Town of Cary, North Carolina, congratulate Cynthia LaChapelle for her heroism, thank her for being such an outstanding citizen committed to saving the lives of others, and do hereby recognize Mrs. LaChapelle as a Heroine in every sense of the word. PROCLAIMED this 12 th day of August, RECOGNIZING NATALE TALLARINO AND BERNARD KING FOR THEIR HERIOSM WHEREAS, we need heroes in our communities who by their incredible acts of nobility can inspire us to follow their example; and WHEREAS, many citizens of this community contribute to the well-being of fellow residents and the welfare of all our citizens by giving tirelessly of their time and energy without desire for recognition, remuneration or personal gain; and WHEREAS, the Town of Cary is honored to pay tribute to Natale Tallarino, a Cary ETJ resident and former CPR instructor, and Bernard King, a prospective homebuyer from Newburgh, New York, both of whom personify the true meaning of a Hero, and whose compassion and genuine commitment to the welfare of another human being are a source of inspiration to everyone; and WHEREAS, Mr. Tallarino and Mr. King, while traveling with realtor Cynthia LaChapelle to see homes in the area, came to the aid of an automobile accident victim on Walnut Street; and WHEREAS, we honor the nobility of Mr. Tallarino and Mr. King, both of whom played a vital role in removing the accident victim from his automobile. NOW, THEREFORE, I, Ernest F. McAlister, Mayor or the Town of Cary, North Carolina, congratulate Natale Tallarino and Bernard King for their heroism, thank them for being such outstanding citizens, and do hereby recognize them as Heroes in every sense of the word. PROCLAIMED this 12 th day of August, (Proclamations and are also on file in the town clerk s office.) D. PUBLIC HEARINGS 1. REZONING PETITION 04-REZ-10 / LAND USE PLAN PETITION 04-LPA-09 (Amberly Planned Development District amendment) This request encompasses the development known as Amberly, which is located south of O Kelly Chapel, north of Carpenter Fire Station Road and northwest of Page 64

65 Yates Store Road. The current zoning is Planned Development District Major (PDD Major); the request is to make amendments to the currently approved Planned Development District zoning. The requested Land Use Plan amendment is to change the Community Activity Center designation to a Regional Activity Center designation. The request consists of approximately 1,074 acres. Rezoning Petition: 04-REZ-10, Amberly Planned Development District (PDD) - Amendments to the Amberly PDD Master Plan include reducing the residential unit count and increasing nonresidential building square footage within the Town Center tract. See Project Description for listing of all proposed modifications. Land Use Plan Amendment: 04-LPA-09, The request also includes an amendment to Cary s Land Use Plan to increase the amount of nonresidential building square footage allowed within Amberly from a Community Activity Center (CAC) classification to a Regional Activity Center (RAC) classification. APPLICANT Jerry Turner Jerry Turner and Associates, Inc. 905 Jones Franklin Road Raleigh, NC (FAX) jturner@jerryturnerassoc.com OWNERS Sandler at Amberly (Wake and Chatham ) 448 Viking Drive Virginia Beach, VA Lois Josselyn Eakes (Wake) 1936 Yates Store Road Cary, NC Pulte Corporation (Wake) 801 Corporate Center Drive STE 118 Raleigh, NC KB Homes Raleigh Durham LLC (Wake) 1100 Navaho Drive GL3 Raleigh, NC Oren F Leblang & Victoria R Schindler (Wake) 1625 Yates Store Road Cary, NC Amberly LLC (Chatham) 7200 Stonehenge Drive Suite 211 Raleigh, NC Amberly LLC (Wake) Drucker & Falk LLC 7200 Stonehenge Drive Suite 211 Raleigh, NC Page 65

66 LOCATION South of O Kelly Chapel Road, east and west of Yates Store Road, and north of New Hope Church Road PROJECT DESCRIPTION The following modifications are proposed within the Amberly PDD: Proposed Modification: 1. A reduction in the number of residential units from 5,400 units to 4,628 units. The overall gross density would be reduced from 5 units per acre to 4.28 units/acre. Modification Description: Previously Approved Proposed Modification 551 single-family lots 508 single-family lots 2,992 multi-family units 1,757 age-restricted units 100 units (in Town Center Tract) 2,470 multi-family units 1,450 age-restricted units 100 units (in Town Center Tract) 2. An increase in residential and nonresidential development within the Town Center tract: The proposed modifications include: An increase in residential units from 100 units to 200 units. An increase in commercial development from 270,000 square feet to 500,000 square feet. An increasing in office development from 125,000 square feet to 200,000 square feet. 3. Inclusion of an out parcel within tract SF-1 The original approved SF-1 tract included a one acre parcel of land within the tract that actually was not a part of the SF-1 tract (an out parcel to the tract and Amberly). This small parcel of land has been acquired and is proposed to be incorporated into tract SF Revised boundary line between tracts SF-2 and the Town Park tract. The common boundary line was relocated due to a reduction in size of the Town park and increase in the SF-2 tract area. Town park reduced from 28 acres to acres SF-2 tract increased from 109 acres to acres. Page 66

67 5. Reconfigured tract boundaries for tract VC-1 and the Amberly recreation site. 6. Revised access points and street connectivity provisions for the AR tract. The reconfiguration would allow half the Amberly recreation site to remain between the tract VC-1 and McCrimmon Parkway, and the remaining half of the recreation site to be located south of McCrimmon Parkway. Modifications proposed include: Providing vehicular access to adjoining western undeveloped parcels Revising vehicular access locations along Yates Store Road. 7. Removed recreation and open space within various tracts proposed development. The current plan provides: A 28 acre Town park A 6 acres age-restricted recreation site (with access to 15 acre lake) A 12 acre Amberly recreation parcel adjacent to the Village Center-1 parcel 245 acres of open space The proposed plan would provide: A acre Town park A 6 acres age-restricted recreation site (with access to 15 acre lake) A acre Amberly recreation parcel adjacent to the Village Center-1 parcel (divided by McCrimmon Parkway ) 279 acres of open space The revised plans also propose to utilize asphalt instead of normally required concrete for the construction of greenway trails. 8. Clarifying provisions for private greenways and pedestrian connections. Added pedestrian crossings for Nancy Branch between tract MF-1 and the Town Center parcel Added pedestrian crossings for 100 stream buffer between tracts MF-1 and MF-2. Page 67

68 9. Revisions APF for Schools provisions Currently within Amberly, the Adequate Public Facilities (APF) for Schools is satisfied by an impact fee on residential development as follows: One bedroom: $500 per dwelling Two bedroom: $1,000 per dwelling Three bedroom: $2,000 per dwelling Four bedroom: $3,000 per dwelling Over four bedrooms: $1,000 per bedroom (For dwelling units constructed within Chatham County all APF fees would go to Chatham County.) If the current APF for Schools is eliminated, Amberly would be exempt for any school requirement; however, Amberly would still be to pay the fees to Chatham County. If in the future the APF for School is re-instituted, Amberly would then pay the following amounts: One bedroom: $500 per dwelling Two bedroom: $1,000 per dwelling Three or more bedrooms: $1,500 per dwelling 10. Revised streetscape standards Amberly currently does not have specific streetscape standards therefore, streetscape standards are those required by the Land Development Ordinance. (Street tree every 40 and ornamental tree every 20 in nonresidential areas, and opaque screening where residential development adjoins a thoroughfare. Existing forest is saved where present in the streetscape and supplemented as needed to meet design requirements.) The revised Amberly plan would protect forest area within the 30 streetscapes, if not removed due to construction activity, and is removed or in instances where no natural forest area is present within the 30 streetscapes, install 2 deciduous trees and 5 evergreen trees every 1,500 square feet of streetscape area (about one tree for every 7.5 of streetscape length). Page 68

69 11. Adjusted the location of the multi-use path in the area of the lake and county line. The multi-use path currently follows Yates Store Road along the AR tract, then southward through the AR tract recreation site along the County line. The revised Amberly plans propose to realign the multi-use path so that the path would bypass the AR tract recreation site. The multiuse path location would be realigned to follow Yates Store Road past the AR recreation site to the Lake ; then following the northern lake boundary to the County Line and heading southward along the County Line. 12. Revised development standards Excluding a 12 rear yard building setback for rear-loaded alley parking, all standards previously approved for SF tracts would remain as approved. Setback standards for tracts MF and AR would be modified to utilize the same setback standards as proposed for the SF tracts. PPROPOSED SUBDISTRICTS AND DEVELOPMENT REQUIREMENTS Parcels Maximum Density (Du/Ac) Acreage Total Units or Nonresidential Square Footage Minimum Lot Size SF tracts MF & MF-2a 2.43 u/a (SF-1) 2.10 u/a (SF-2) 1.86 u/a (SF-3) 20 u/a (MF-1) 16 u/a (MF-2) 10 u/a (MF-2a) No minimum ,470 No minimum AR 25 u/a ,450 No minimum Town Center ,000 com.* 200,000 office* VC-1 n/a ,000 com* VC-2 n/a ,000 com.* Page 69

70 AR Rec Area n/a 6 Town Park n/a Amber Rec Center n/a Major Road R/W n/a 24 Total 1, , ,000 sq. ft.* * The 500,000 sq. ft. of commercial includes 30,000 sq. ft. in VC-1 and 10,000 sq. ft in VC-2. APPLICANT S JUSTIFICATION STATEMENT Amberly is an approved master planned community that combines a mixture of land uses within an environment providing substantial open space. An amendment is being proposed. Based on current conditions in the area and a better understanding of what Amberly can provide its residents and the Town of Cary, the applicant is proposing a reduction in residential units and an increase in nonresidential square footage within the Town Center parcel. The applicant is keenly aware of the impact of traffic. With the reduction in residential units and the addition of nonresidential square footage, the proposed amendment actually generates less AM and PM trips than what is in the existing approved Amberly traffic study. The development concept for Amberly reflects Cary s desire to locate development in close proximity to employment centers, thus reducing the amount of travel time to work and reducing the impact to the surrounding road network. Amberly s residential component still includes a large percentage of age-restricted residential units. There continues to be a demand for an active adult community in Cary and the Triangle. This type of development has no impact on public schools and less impact on the Town s infrastructure. The complete list of modifications is contained in the Project Description of this data sheet. Current Land Use: MXD Mixed Use CURRENT USE & ZONING Proposed Land Use: MXD Mixed Use (increasing commercial and Office square footage, and reducing number of residential units) Current Zoning: Planned Development District Proposed Zoning: Planned Development District Existing Use ADJACENT ZONING & LAND USES Existing Zoning Existing Land Use Designation North: Vacant PDD (Stonewater PDD) MDR Medium Density Residential and MXD Mixed Use Page 70

71 East: Varies (vacant and single-family) Varies ( Cary Park PDD and Residential-40) HDR High Density Residential and MDR Medium Density Residential South: Varies (Vacant and single-family) Varies ( Forest Oaks PDD, Cary Park PDD, and Residential-40) LDR Low Density Residential (MDR east of SF-1) West: Jordan Lake Reservoir Jordan Lake Reservoir PKS Parks (buffer to Corps of Engineer property) and VLDR Very Low Density Residential Comprehensive Plan Analysis Open Space Considerations PLANNING This proposal would reduce residential units and increase nonresidential square footage overall, and revise the layout for the Town Park and SF-2. The area denoted on the proposal as Town Center still retains a mix of uses; however, the proposed nonresidential square footage exceeds the guidelines for a Community Activity Center (CAC) as denoted in the current Northwest Cary Area Plan. A Land Use Plan amendment will be required to determine if the proposal warrants a change in the existing Community Activity Center (CAC) to a Regional Activity Center (RAC). The Open and Space and Historic Resources Plan shows significant resources within the proposal boundaries. Existing plant communities are predominantly mixed hardwood/conifer forest. The Parks, Recreation and Cultural Resources Facilities Master Plan and Northwest Area Plan includes the following recommendations for parks, open space and trails within Amberly: Parks and Greenways 1. Proposed greenway along Nancy Branch with corresponding 400' open space corridor. 2. Proposed greenway along Morris Branch with corresponding 400' open space corridor. 3. Proposed multi-use trail and greenway along Yates Store Road. 4. Park site on north side of New Hope Church Road. Page 71

72 Transportation Planning The applicant is proposing sidewalk along both sides of all streets except cul-de-sacs. Accommodations for bicycles are not mentioned in the application. The applicant is showing a traffic circle on McCrimmon Pkwy. which does not meet the Town s current standards. All cross-sections should meet the requirements of the Comprehensive Transportation Plan. The Town s Connectivity Index is 1.2. This location is within the limits of the Town s C-Tran service area. REGIONAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS: CARY AREA Current Enrollment Area Schools Building Capacity Percent occupied Projected Number of Students from Amberly Elementary 16,347 13, % 796 Middle 7,715 7, High 7,481 6, Total for all Area Schools 31,543 27, ,773 LOCAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS Current 20 th Day Enrollment at the schools for which this parcel is currently zoned: Building Capacity Percent occupied APF Ord. Req. % Over/ Under Ord. Projected Number of Students Green Hope Elementary West Cary Middle Green Hope High Total for all Zoned Schools % 130% 252.8% over 1, % 130% 163.8% over 2,005 1, % 130% 153.4% over 3,941 3, % 176.9% over ,773 The above chart does not account for new schools in the Amberly area that are nearing completion and would be available for students from the Amberly development, such as Turner Creek Elementary, Carpenter Elementary, Highcroft Elementary and Panther Creek High School. Amberly is projected to build out by the end of Other schools may become available in western Cary that would further offset current projected overcrowding at the three schools mentioned above. Page 72

73 Current Enrollment and Building Capacity is based on the 20 th day of the school year for School assignment will be determined at the time of development. Be advised that the Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System. ENGINEERING Environmental Considerations The project is located in the Jordan Lake Watershed and will have to meet the requirements of the Reservoir Watershed Protection Ordinance of the Town of Cary. The project will be required to meet the nitrogen requirements of the Town of Cary. There are Riparian Buffers associated with this project. Utilities (Water and Sewer) Traffic Impact Analysis The overall PDD plan has provided sufficient utility infrastructure for this tract. The proposed changing of use will not have impact to the Town s water and sewer system. A Traffic Impact Study (TIS) was prepared by Wilbur Smith Associates in The trips expected from this development will be less than the trips projected in the TIS. No new TIS required. Property Owner(s) PARCEL & OWNER INFORMATION: County Parcel Number Real Estate ID(s) Area (Acres) Sandler at Amberly (Wake) 448 Viking Drive Virginia Beach, VA Sandler at Amberly (Wake) 448 Viking Drive Virginia Beach, VA Sandler at Amberly (Chatham) 448 Viking Drive Virginia Beach, VA Sandler at Amberly (Chatham) 448 Viking Drive Virginia Beach, VA Sandler at Amberly (Chatham) 448 Viking Drive Virginia Beach, VA Page 73

74 Sandler at Amberly (Chatham) 448 Viking Drive Virginia Beach, VA Lois Josselyn Eakes (Wake) 1936 Yates Store Road Cary, NC Pulte Corporation (Wake) 801 Corporate Center Drive STE 118 Raleigh, NC KB Homes Raleigh Durham LLC (Wake) 1100 Navaho Drive GL3 Raleigh, NC Oren F Leblang & Victoria R Schindler (Wake)* 1625 Yates Store Road Cary, NC Amberly LLC (Chatham)* 7200 Stonehenge Drive Suite 211 Raleigh, NC Amberly LLC (Wake)* Drucker& Falk LLC 7200 Stonehenge Drive Suite 211 Raleigh, NC Total Acreage acres The planned development document is attached to and incorporated in these minutes as Exhibit A. Staff s power point presentation is attached to and incorporated in these minutes as Exhibit B. Mr. Jerry Turner, representing the applicant, stated he is happy to answer questions. Mr. Larry Ballas stated he supports the project if it will result in lower density development. He urged council to consider how traffic will be handled, and he added that doubling the commercial will impact traffic. He stated hunting is allowed on gameland, and he stated that development in this area should be safe for hunters and residents. He stated pedestrian access on New Hope Church Road should be sufficient to provide access to the parks if they are combined. He stated that one option for pedestrian access may be the American Tobacco Trail. Mr. David Williams referred to Parcel SF-1, which borders Cary Park to the north. He stated he is concerned that there is no traffic or street outline for this area, and he is concerned about the traffic volume because of its proximity to Carpenter Fire Station Road. No one else came forward to speak, and Mayor McAlister closed the public hearing. ACTION: Referred to the October 18, 2004 Planning and Zoning Board meeting Page 74

75 2. REZONING PETITION 04-REZ-11 (West Lake Planned Development District) This request encompasses one parcel located at 4333 West Lake Road. The property is located at the intersection of West Lake and Optimist Farm Road. The current zoning is Residential-30 (Wake County); the proposed zoning is Planned Development District-Major (Town of Cary). The request consists of approximately acres. Rezoning Petition: Land Use Plan Amendment: 04-REZ-11 Westlake Planned Development District (PDD) change from Residential-30 (R-30) (Wake County) to PDD Major (Town of Cary) n/a Britt Spivey DR Horton Homes 3929 Browning Place Raleigh, NC Fax/ APPLICANT OWNERS West, FB Heirs ETAL c/o Kenneth West Administrator 8721 Holly Springs Road Apex, NC LOCATION North of Optimist Farm Road and east of West Lake Road. Property address is 4333 West Lake Road. PROJECT DESCRIPTION Westlake PDD is proposed as an acre master planned residential community with a mix of housing types. The proposal calls for a mixture of single family detached structures and townhomes. The master plan provides for a maximum number of 198 dwelling units with an overall density of 2.25 units per acre. Parcel Maximum Density (Du/Ac) Acreage Total Units Minimum Lot Size ,000 Total ,000 Page 75

76 APPLICANT S JUSTIFICATION STATEMENT The current zoning of Residential-30 in Wake County does not allow for efficient or practical use of the land. The proposed rezoning of Planned Development District (PDD) Major in the Town of Cary with a proposal of low density mixed residential of 2.25 dwelling units per acre is consistent with the Town s Land Use Plan designation for this site. The proposed zoning will allow for more clustered development with significant amounts of open space including the preservation of two large lake areas located on the site. The submitted PDD request and plan respects the rural character of the site and the adjoining neighborhoods of Jamison Park and the Park at Langston. This request also places residential uses within close walking distance to a new school. Current Land Use: Low Density Residential (LDR) CURRENT USE & ZONING Proposed Land Use: Low Density Residential (LDR) Current Zoning: Residential-30 (Wake Co.) Proposed Zoning: PDD Major (Town of Cary) Existing Use ADJACENT ZONING & LAND USES Existing Zoning Existing Land Use Designation North: Residential (The Park at Langston) Residential-30 (Wake) LDR East: Residential (Belmont) Residential-12 LDR South: Residential (The Park at Westlake) Residential-30 (Wake) Very Low Density Residential (VLDR) West: Institutional (Middle Creek High School) Residential-40 Conditional Use (CU) LDR Comprehensive Plan Analysis Open Space Considerations PLANNING The proposed overall residential density for this parcel is 2.25, which is within the range of Low Density Residential; therefore, a Land Use Plan amendment is not required. The Open Space and Historic Resources Plan denotes this parcel as a farm, with some remnant bottomland hardwoods in conjunction with the two ponds on the site. The northeastern section of this tract is a regenerating, mixed hardwood/conifer forest. There are no historic resources indicated on the site. Page 76

77 Parks and Greenways Transportation Planning School Information A payment-in-lieu for the value of 5.66 acres of parkland will be required for this development. The Parks, Recreation and Cultural Resources Facilities Master Plan includes a proposed greenway connection along the north side of this development. The applicant is providing sidewalks on all streets except cul-de-sacs. Bicycle facilities and access are not mentioned in the application. The Comprehensive Transportation Plan calls for a 4-lane median-divided roadway section along Westlake and Optimist Farm Rd. which the applicant is proposing to meet. The Town s connectivity index is 1.2. The location is not within the Town s C-Tran service area. Enrollment Permanent Seat Capacity Average Percent occupied Projected Number of Additional Students Elementary 15,388 12, % 34 Middle 7,715 7, % 18 High 7,481 6, % 25 Total for all Area Schools Assigned Schools Middle Creek Elementary Holly Ridge Middle Middle Creek High Total for all Assigned Schools 30,584 26, % % % 18 1,220 1, % Current Enrollment and Building Capacity are based on the 20 th day of the school year for 2003 as supplied by the Wake County Public School System. School assignment will be determined at the time of development. The Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System. Page 77

78 Environmental Considerations Utilities (Water and Sewer) Traffic Impact Analysis ENGINEERING The project will be required to meet the nitrogen requirements of the Town of Cary. There are riparian buffers associated with this project. This project has ready access to existing Town of Cary water and sewer. Site development of this property will be required to comply with Town of Cary utility policies and standards. Traffic Impact Study is required. The study is being prepared by the Town Traffic Consultant Stantec/Sear Brown Property Owner(s) PARCEL & OWNER INFORMATION: County Parcel Number Real Estate ID(s) Area (Acres) West, FB Heirs ETAL c/o Kenneth West Administrator 8721 Holly Springs Road Apex, NC Total Acreage The planned development document is attached to and incorporated in these minutes as Exhibit C. Staff s power point presentation is attached to and incorporated in these minutes as Exhibit D. Mr. Pat Mallet of Elam, Todd, d Ambrosi, on behalf of the applicant, stated there are issues they still wish to resolve along the northern property line (i.e., buffers, lot sizes, transition, etc.). He stated they have recently met with staff to discuss greenways and multi-purpose paths. Mr. Bob Gottberg is interested in an adequate transition. He wants to ensure the school traffic is accommodated. He is opposed to the option to fill the pond, which would result in additional homes. He is interested in a larger buffer. Mr. Mallet stated there are two existing lakes on the site. He stated they are exploring several options, and all options include some form of a lake. He stated the dam area will need repairs in order to use the lake as a stormwater facility. He stated the lake would be open space with a 100 foot area along the perimeter of the waterline. He stated their goal is to preserve the lake. No one else came forward to speak, and Mayor McAlister closed the public hearing. The council had a discussion about potential private roads in the development. They concurred that they will address this as a policy issue Town-wide instead of directing the discussion to this particular case. Mr. Joyce asked if all sewer lines will be built to Town standards. Mr. Mallet stated they will submit a voluntary annexation request to tie into the existing outfall. He stated to his knowledge, all utilities will meet Town standards. ACTION: Referred to the October 18, 2004 Planning and Zoning Board meeting Page 78

79 3. REZONING PETITION 04-REZ-12 / LAND USE PLAN PETITION #: 04-LPA-08 (The Lang-Set Corporation) This request encompasses one parcel located at 2503 Ten Ten Road. The current zoning is Residential-40; the proposed zoning is General Commercial Conditional Use. The requested Land Use Plan amendment is to change the low density residential designation to commercial designation. The request consists of approximately 1.44 acres. Rezoning Petition: Land Use Plan Amendment: 04-REZ-12 - The Lang-Set Corporation - Amend the zoning from Residential-40 (R-40), to General Commercial Conditional Use (GCCU) 04-LPA-08 - Amend the Land Use Plan from Low Density Residential (LDR) to Commercial (COM). APPLICANT The Lang-Set Corporation 1301 Granada Drive Raleigh, NC (919) FAX (919) OWNERS The Lang-Set Corporation 1301 Granada Drive Raleigh, NC (919) FAX (919) LOCATION 2503 Ten Ten Road PROJECT DESCRIPTION This request involves an existing convenience store/gas station. When the property was annexed into Cary in 2001, a Residential-40 zoning designation and a Low Density Residential land use designation were attached. The property is developed with a convenience store including gasoline pumps. The following condition is provided by the applicant: (1) The structure is limited to two (2) stories in height. Parcel Maximum Density (Du/Ac) Acreage Total Units Minimum Lot Size NA 1.44 acres NA NA Total 1.44 acres Page 79

80 APPLICANT S JUSTIFICATION STATEMENT When this property was annexed into Cary two to three years ago, it was already being used for commercial activity, but the proper re-zoning was simply overlooked at the time. Its current (and past) use as a convenience store is clearly in keeping with the zoning district requested. The area surrounding this property has a sizeable number of commercial enterprises (approximately 21 within a one-block radius of this property), and a re-zoning to general commercial would be in keeping with the general neighborhood. The property is at an intersection, which lends itself to commercial designation. Current Land Use Designation: Low Density Residential (LDR) Current Use: Commercial (convenience store) CURRENT USE & ZONING Proposed Land Use: Commercial (COM) Current Zoning: Residential-40, R-40 Proposed Zoning: General Commercial Conditional Use, GCCU Existing Use ADJACENT ZONING & LAND USES Existing Zoning Existing Land Use Designation North and East: Across Penny Road Vacant Single family residences Residential-12 Conditional Use (R-12 CU), Residential-20 (R-20) Low Density Residential (LDR) South and West: Across Ten Ten Road and adjacent, vacant and warehousing/light manufacturing In Wake County, Commercial (COM) N/A PLANNING Comprehensive Plan Analysis Open Space Considerations Parks and Greenways A Land Use Plan amendment is required. There is no open space or historic resources located on this parcel. There are no Parks, Recreation, and Cultural Resources issues, i.e. payment-in-lieu or greenway dedication, for non-residential property. Page 80

81 Transportation Planning Town Council approved staff recommendation on June 24, 2004 to waive road widening requirements. The ultimate right-of-way as dictated by the Comprehensive Transportation Plan for Penny Road and Ten Ten Road will be dedicated with any site plan submittal for the property. School Information Not applicable. This is a commercial property. Environmental Considerations Utilities (Water and Sewer) ENGINEERING The project is located in the Swift Creek Watershed and will have to meet the requirements of the Reservoir Watershed Protection Ordinance of the Town of Cary. The project will be required to meet the nitrogen requirements of the Town of Cary. This property has direct access to Town of Cary water and sewer. Any site development will be required to comply with Town of Cary utility policies and standards. Traffic Impact Analysis This existing use will not require a Traffic Impact Study. Property Owner(s) PARCEL & OWNER INFORMATION: County Parcel Number Real Estate ID(s) Area (Acres) Lang Set Corporation acres Total Acreage 1.44 acres Staff s power point presentation is attached to and incorporated in these minutes as Exhibit E. Mr. Jim Holshouser, on behalf of the applicant, stated when the property was annexed into Cary several years ago, it was designated as Residential-40 because the owner did not at that time request a rezoning. He stated this request brings the zoning in line with the current use. He stated this request will also address the potential for a carwash at the existing store. He stated they are putting up signs to try to discourage loud noise (i.e., radio, etc.) to try to be good neighbors to adjacent residents. He added that there will be occasional noise issues even if this rezoning request is not approved. No one else came forward to speak, and Mayor McAlister closed the public hearing. ACTION: Referred to the October 18, 2004 Planning and Zoning Board meeting Page 81

82 4. ACTIVITY CENTER CONCEPT PLAN 04-AC-004, Parkway Pointe Neighborhood Activity Center, Kilarney Pointe, Concept Plan The request is to consider revisions to the previously approved Parkway Pointe Neighborhood Activity Center Concept Plan to change the proposed use from a nursing home and apartment units located in five 2- and 3-story buildings, to 40 single-family lots. The revised plans also propose retaining the previously approved office/commercial development portion of the plan near SW Cary Parkway. The office/commercial development would comprise two buildings totaling 8,000 square feet of office and commercial type uses. The property is located southwest of SW Cary Parkway, approximately 300' south of its intersection with Old Apex Road. The property contains acres, is inside Cary town limits, and is zoned Office, Research and Development Conditional Use. APPLICANT Hugh J. Gilleece and Associates 875 Walnut Street, Suite 360 Cary, NC Phone: (919) Fax: (919) OWNER Insignia Development, Inc Chapel Hill Road Raleigh, NC Phone: (919) Fax: (919) Location: The property is located southwest of Southwest Cary Parkway, approximately 300' south of the intersection of Old Apex Road and Southwest Cary Parkway. PROPOSED SCHEDULE OF MEETINGS TOWN COUNCIL PUBLIC HEARING PLANNING & ZONING BOARD October 18, 2004 TOWN COUNCIL November 18, 2004 PROJECT DESCRIPTION The applicant is requesting approval of an Activity Center Concept Plan to construct 40 singlefamily lots and two one-story combination commercial/office buildings containing a total of 8,000 square feet on acres. The property is zoned Office, Research and Development Conditional Use (ORD CU) and is inside Cary s town limits. An Activity Center Concept Plan and development plan was previously approved for this property on November 13, The previous plan included one two-story commercial/office building containing 8,000 square feet and approximately 60 nursing home units and 240 senior apartment units in five 2 and 3 story buildings. The revised plan replaces the nursing home and senior apartments with single-family development, and the two-story commercial/office building is replaced with two-one-story buildings containing the same building square footage as originally approved. Page 82

83 PARCEL INFORMATION Parcel # Realid # Area , , & , , & acres (calc.) acres (deeded) ZONING AND ACTIVITY CENTER COMPLIANCE Current Zoning:Office, Research and Development (ORD) Overlay District: Neighborhood Activity Center Town Limits: [ X ] In The property is located within a neighborhood activity center (NAC) intended to facilitate development at the neighborhood scale. Neighborhoods are contiguous areas, generally containing approximately 600 to 1,500 dwellings or approximately 1,500 to 3,500 people. The NAC should contain facilities vital to the day-to-day activity of a neighborhood (e.g., a grocery store, a drug store, a church, a service station) located in close proximity to one another. The NAC should contain the neighborhood s highest-density housing and its location should facilitate pedestrian travel between the two areas. Residential and commercial development is not allowed in the ORD district. However, through the approval of an Activity Center Concept Plan, property zoned ORD located in an Activity Center may utilize alternative land use designations such as multi-family, commercial and office uses. Within the Parkway Pointe Neighborhood Activity Center, the amount of non-residential square footage that which includes office, institutional, and commercial uses would be limited to the remaining amount of available square footage for the activity center. Any proposed residential development would be limited by the remaining amount of residential units available. As shown in the attached Parkway Pointe Neighborhood Activity Center chart, 95,127 square feet of non-residential development would be permitted and 1,370 residential units would be available for development. REGIONAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS: CARY AREA Current Enrollment Area Schools Building Capacity Percent occupied Projected Number of Students from Kilarney Pointe Elementary 16,347 13, % 7 Middle 7,715 7, High 7,481 6, Total for all Area Schools 31,543 27, Page 83

84 LOCAL WAKE COUNTY SCHOOL ESTIMATES AND CAPACITY IMPACTS Current 20 th Day Enrollment at the schools for which this parcel is currently zoned: Building Capacity Percent occupied APF Ord. Req. % Over/ Under Ord. Projected Number of Students Dillard Elementary % 130% 29% under 7 Salem Middle 903 1,038 87% 130% 33% under Apex High 2,047 1,639 80% 130% 10% under 4 5 Total for all Zoned Schools 3,106 3,693 84% 130% 35% under 16 Current Enrollment and Building Capacity is based on the 20 th day of the school year for School assignment will be determined at the time of development. Be advised that the Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System. LANDSCAPE The landscape plan for this project would comply with all Town requirements. This project would provide a 20 opaque type A buffer adjacent to Kilarney Subdivision located south of the site and adjacent to the mini-storage facility located north of Kilarney Pointe. TRAFFIC No Traffic Impact Study is required. A development of 40 dwelling units and 8,000 sq.ft. of Office/Commercial, during the AM peak hour, will generate 40 trips and the PM peak hour will generate 72 trips. The Average Daily Traffic volume is 745 trips per day. ROADWAY DESIGN Cary Parkway is required to have 14' wide outside lanes to allow for bike traffic. Per Town Council directive on August 23, 2001, developers have the option of making a payment-in-lieu for the bike lane if their projects front thoroughfares built to full width per the Thoroughfare Plan. Right-of-way along this section of Cary Parkway is approximately 200 wide; therefore, no additional right-of-way dedication would be necessary. Sidewalk would be installed along the property frontage and extended northwest to the intersection of Old Apex Road and Cary Parkway. Page 84

85 UTILITIES The proposed water and sewer design meets Town of Cary standards. STORM WATER This project meets all the requirements of the Town of Cary storm water section. PARKWAY POINTE NEIGHBORHOOD ACTIVITY CENTER (NAC) Location: SW Cary Pkwy and Old Apex Rd. Date of Last Revision: 08/19/03 APPROVED/ EXISTING MAXIMUM ALLOWABLE AMOUNT AVAILABLE SUMMARY INFORMATION NUMBER OF PARCELS 159 VACANT NON-RESIDENTIAL (AS A PERCENT OF TOTAL) TOTAL NON-RESIDENTIAL SQUARE FOOTAGE 33.60% 154, ,000 95,127 TOTAL RESIDENTIAL UNITS 130 1,500 1,370 TOTAL PLAZA/PARK ACREAGE RESIDENTIAL DEVELOPMENT TOTAL SINGLE FAMILY UNITS 130 TOTAL MULTI-FAMILY UNITS 0 CURRENT RESIDENTIAL DENSITY (IN UNITS PER ACRE) 1.33 COMMERCIAL DEVELOPMENT AUTOMOTIVE COLLISION 5,000 AUTO TRIANGLE INSTALLATION 5,913 STORE BUILDING TYPICAL SINGLE TENANT 3,510 SUPER MARKET 37,368 SHOPPING CENTER 9,720 SHOPPING CENTER 12,342 SHOPPING CENTER, NEIGHBORHOOD 29,211 CROWN GAS AND CAR WASH 2,704 Page 85

86 TOTAL COMMERCIAL (IN SQUARE FEET) 105, ,000 19,232 OFFICE DEVELOPMENT STEPHENS OFFICE PARK 24,243 PARKWAY POINTE OFFICE 4,101 OFFICE BUILDING TYPICAL 7,380 OFFICE BUILDING TYPICAL 1,000 BANK 2,561 TOTAL OFFICE (IN SQUARE FEET) 39, ,000 85,715 PUBLIC PLAZA/PARK DEVELOPMENT PUBLIC PARK INSTITUTIONAL DEVELOPMENT KINDERCARE DAY CARE 9,820 TOTAL INSTITUTIONAL (IN SQUARE FEET) 9,820 Staff s power point presentation is attached to and incorporated in these minutes as Exhibit F. Site plan data is attached to and incorporated in these minutes as Exhibit G. Mr. Benfield stated the originallly submitted plan proposed single family development, but staff determined that the Code does not allow single family development in a core activity center. Instead, he stated the plan now proposes patio home units. Mrs. Robinson asked if the residents who filed the protest petitions, which were determined to not be valid, filed on the basis of the development containing single family homes or patio homes. Mr. Benfield responded that at the time the petitions were filed the request was for single family homes. Mrs. Robinson asked how patio home development compares with single family development. Mr. Benfield responded that the definition of patio home is two or more units located on a small piece of property and clustered in groups with common open space located around it. Mrs. Robinson wants staff to look at the Land Development Ordinance, because she does not agree with prohibiting single family development in activity centers. She feels that some people did not protest because they were told that single family homes would be developed. She also stated the staff needs to let people know that this development will not be single family, and they should have the opportunity to protest again and have another public hearing. Mr. Benfield stated if there is substantial change to the request prior to the Planning and Zoning Board meeting, then another public hearing can be conducted at the Planning and Zoning Board meeting. Mr. Barker of the planning staff stated that the Land Development Ordinance is not very clear on patio developments; he stated staff will address this in the near future. Mr. Jerry Turner, on behalf of the applicant, stated the plan meets every requirement in the Land Development Ordinance. He stated he met with staff a few days ago and everyone agreed that the development complied with Code, but after that meeting he received notification that his Page 86

87 development did not meet the definition of patio homes. He stated the request does meet the Town Code s definition of patio homes. He stated most of the neighbors like the plan, and he does not understand the last minute opposition by staff. No one came forward to speak, and Mayor McAlister closed the public hearing. Ms. Dorrel stated she is hesitant to send to the request to the Planning and Zoning Board until the difference of opinion between the applicant and staff is resolved. Mr. Barker stated this can be worked out before the Planning and Zoning Board meeting. He also stated if a change needs to be made, this can be done before the October Planning and Zoning Board meeting. Mr. Turner concurred with Mr. Barker. ACTION: Referred to the October 18, 2004 Planning and Zoning Board meeting 5 ANNEXATION PETITIONS Public hearings and consideration of adoption of annexation ordinances on the following petitions: (a) PETITION #: 04-A-12, Crossroads Holdings LLC, acres 04-A-12 OWNER & ADDRESS: ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: Crossroads Holdings LLC 1101 Buck Jones Rd. Raleigh, NC Walnut St. 380 ft. south of intersection of Walnut St. and Dillard Dr. None 04-AC-002 (Crossroads Activity Center) % CONTIGUITY: 53.2% UTILITIES: Water: on site Sewer: 8" PVC 300' north WAKE CO. PARCEL ID #: REALID NUMBER: AREA: acres acres of adjacent right-of-way TOTAL ACREAGE: ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Office and Institutional (OI) Regional Activity Center (RAC) Swift Creek C Page 87

88 TAX VALUE: $3,020,670 CORPORATE LIMITS: Contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 7/15/2004 Public Hearing: 8/12/2004 Staff recommendation: Staff recommends approval with an effective date of 8/12/2004. (b) PETITION #: 04-A-13, 1010 Investors LLC, acres 04-A-13 OWNER & ADDRESS: 1010 Investors LLC P.O. Box 3557 Cary, NC ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: 4004 Ten Ten Road 1,900 ft. northwest of intersection of Holly Springs Rd. and Ten Ten Rd. 04-REZ-05 (Preston/Powell) None % CONTIGUITY: 20.3% UTILITIES: Water: on site Sewer: 30" PVC 910' south WAKE CO. PARCEL ID #: REALID NUMBER: AREA: acres + 0 acres of adjacent right-of-way TOTAL ACREAGE: ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential-30 Wake County Low Density residential Fairview C TAX VALUE: $684,448 Page 88

89 CORPORATE LIMITS: Contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 7/15/2004 Public Hearing: 8/12/2004 Staff recommendation: Staff recommends approval with an effective date of 8/12/2004. (c) PETITION #: 04-A-14, Russell W. and Dianne N. Tarlton, 6.77 acres 04-A-14 OWNER & ADDRESS: ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: Russell W. and Dianne N. Tarlton 1109 Athens Dr. Raleigh, NC NC 55 Hwy. 2,200 ft. south of intersection of Indian Wells Rd. and NC Hwy REZ-08 (NC 55 & Morrisville Parkway) None % CONTIGUITY: 0.0% UTILITIES: Water: on site Sewer: 8" PVC 1410' south WAKE CO. PARCEL ID #: & REALID NUMBER: & AREA: 6.77 acres + 0 acres of adjacent right-of-way TOTAL ACREAGE: 6.77 ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential-40 Office Morrisville A TAX VALUE: $356,685 CORPORATE LIMITS: Non-contiguous TOWN COUNCIL DATES: Page 89

90 Certificate of sufficiency: 7/15/2004 Public Hearing: 8/12/2004 Staff recommendation: Staff recommends approval with an effective date of 8/12/2004. (d) PETITION #: 04-A-15, Starcraft Builders, Inc., 3.41 acres 04-A-15 OWNER & ADDRESS: ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: Starcraft Builders, Inc. 728 Piney Grove Wilbon Rd. Holly Springs, NC Homeport Circle 1,330 ft west of intersection of Optimist Farm Rd. and West Lake Rd. None None % CONTIGUITY: 0.0% UTILITIES: WAKE CO. PARCEL ID #: REALID NUMBER: AREA: Water: on site Sewer: on site , , , , , , & , , , , , , & acres +.51 acres of adjacent right-of-way TOTAL ACREAGE: 3.41 ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential-30 Wake County Residential Fairview C TAX VALUE: $320,400 CORPORATE LIMITS: Non-contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 7/15/2004 Page 90

91 Public Hearing: 8/12/2004 Staff recommendation: Staff recommends approval with an effective date of 2/12/2005 (e) PETITION #: 04-A-16, The Drees Company, 6.59 acres 04-A-16 OWNER & ADDRESS: ADDRESS OF PROPERTY: LOCATION OF PROPERTY: ASSOCIATED REZONING: DEVELOPMENT PLAN: The Drees Company 7701 Six Forks Rd. Raleigh, NC Piney Branch Drive 500 ft. south of intersection of Optimist Farm Rd. and West Lake Rd. None None % CONTIGUITY: 24.7% UTILITIES: WAKE CO. PARCEL ID #: REALID NUMBER: AREA: Water: on site Sewer: 8" PVC 790' west , , , , , , , , , , , , , , , , , , , , , , , , , acres +.83 acres of adjacent right-of-way TOTAL ACREAGE: 6.59 ZONING: PROPOSED USE: FIRE DISTRICT: VOTING DISTRICT: Residential-30 Wake County Residential Fairview C TAX VALUE: $728,000 CORPORATE LIMITS: Contiguous TOWN COUNCIL DATES: Certificate of sufficiency: 7/15/2004 Page 91

92 Public Hearing: 8/12/2004 Staff recommendation: Staff recommends approval with an effective date of 2/12/2005 No one came forward to speak, and Mayor McAlister closed the public hearings. Mayor McAlister announced that the vote on 04-A-12 will be deferred to coincide with 04-AC-002, Crossroads Activity Center Concept Plan, that will occur under the Planning and Zoning portion of the meeting. He announced that vote on 04-A-13 will be deferred to coincide with rezoning 04- REZ-05, which will occur during the Planning and Zoning Board discussion portion of the meeting. ACTION: Mayor Pro Tem Smith made a motion to approve annexation 04-A-14 (effective date ), annexation 04-A-15 (effective date February 12, 2005), and annexation 04-A-16 (effective date February 12, 2005). Mrs. Robison provided the second, and council granted unanimous approval. (Resolutions , , and are on file in the town clerk s office and are incorporated in these minutes by reference.) E. PUBLIC SPEAKS OUT (one hour time limit) Mr. Richard Covington, a resident in Bud-El acres, is concerned with the creation of donut holes. He was told two years ago that the involuntary annexation was to eliminate donut holes. He has since found out that some properties in his neighborhood were not annexed and donut holes still exist. He requested an explanation. F. PLANNING AND ZONING BOARD REPORT (discussion items) 1. REZONING PETITION 04-REZ-05 (Preston/Powell Tract) This request is to rezone property at 4004 Ten Ten Road. The current zoning is Residential-30 (Wake County); the proposed zoning is Residential-12 Conditional Use. The property contains approximately acres. Rezoning Petition: Land Use Plan Amendment: Location: Request: 04-REZ-05 Preston/Powell Tract N/A 4004 Ten Ten Road Rezone property from Residential 30 Wake County to Residential 12 Conditional Use within the Town of Cary. Meeting Date Recommendation Action Forward to the July May 13, , 2004 Planning and Zoning Board Town Council Public Hearing Town Council forwarded the case to the July 19, 2004 Planning and Zoning Board Page 92

93 Planning and Zoning Board July 19, 2004 Staff recommends forwarding to Town Council Meeting Planning and Zoning Board forwarded to the August 12, Town Council Meeting with a recommendation for approval provided that the applicant offer a condition restricting the street connection between Winding Oak Way and the proposed subdivision until 50% of the properties were provided a Certificate of Occupancy (CO). STAFF RECOMMENDATION Staff believes that this request adequately meets the rezoning criteria set forth in the Land Development Ordinance (3.4.1 [E]) and recommends approval for the following reasons: 1. This request is consistent with the current Town of Cary Land Use Plan. 2. Adequate public services can be provided to the parcel (i.e. police, fire, utilities etc.). 3. The proposed rezoning is unlikely to have a significant impact on the natural environment. 4. The proposed rezoning will not have a significant adverse impact on other property in the vicinity. 5. The proposed zoning classification is suitable for the property. Staff update: The proposed zoning condition offered by the applicant and recommended by the Planning and Zoning Board cannot be legally accepted. Any condition offered must be more restrictive than the ordinance. However, the condition can be evaluated at the time of subdivision plan review. Staff and the applicant have agreed to evaluate this recommendation at that time. APPLICANT 1010 Investors LLC 100 Weston Estates Way Cary, NC OWNER 1010 Investors LLC 100 Weston Estates Way Cary, NC Applicant Contact: Chuck Smith Withers & Ravenel LOCATION 4004 Ten Ten Road; property is located in Wake County Page 93

94 PROJECT DESCRIPTION This project proposes a single family lot subdivision consisting of 92 parcels. Lots would be a minimum of 12,000 square feet. The projected maximum density for the proposal is 2.2 units per acre. The project contains the following conditions: 1. Site density will not exceed 2.2 DU/AC 2. No mass grading will take place in areas where there are existing trees. (Condition added 07/03/04.) 3. The internal circulation system will be designed to provide access for local traffic but, at the same time, will be designed to discourage cut through traffic. (Condition added 07/03/04.) Parcel Maximum Density (Du/Ac) Acreage Total Units Minimum Lot Size SF ,000 APPLICANT S JUSTIFICATION STATEMENT Continuing urbanization in south Cary has brought public utilities and improved public infrastructure into the area. As a result the area can support smaller lot subdivisions served by public water and sewer and should continue to develop in this manner to slow down the proliferation of septic tank subdivisions. Current Land Use: Residential and vacant land CURRENT USE & ZONING Proposed Land Use: Low Density Residential Current Zoning: Residential-30W ( Wake County ), Swift Creek Watershed Proposed Zoning: R-12 Conditional Use within the Town of Cary corporate limits Existing Use ADJACENT ZONING & LAND USES Existing Zoning Existing Land Use Plan Designation North: Low Density Residential (LDR) R-40W (Wake County) Low Density Residential East: Low Density Residential (LDR) R-30W (Wake County) Low Density Residential Page 94

95 South: Medium Density Residential (MDR) R-10W (Wake County) Low Density Residential West: Low Density Residential (LDR) R-30W (Wake County) Low Density Residential PLANNING Comprehensive Plan Analysis Open Space Considerations Parks and Greenways The proposed rezoning is consistent with the Land Use Plan. The tract contains mixed hardwood/conifer at the southwestern corner of tract. This forested area is part of a larger, contiguous and relatively intact linear open space that extends south-southeasterly to the Middle Creek floodplain, and associated with the proposed Camp Branch Greenway corridor. A neighborhood park as well as the future Camp Branch Greenway is proposed to be located adjacent to this development. If and when these public facilities are developed, the applicant has agreed to install a paved private trail connection to link with the Preston-Powell subdivision. If this rezoning is approved, PRCR recommends a payment-in-lieu in place of parkland dedication for the value of 2.63 acres. This recommendation was reviewed and approved by the Parks, Recreation and Cultural Resources Advisory Board at its July meeting. Transit: This location is within the C-Tran, Cary Transit, service area. Pedestrian: Sidewalk is required on both sides of all new/improved thoroughfares and new collectors, and one side of all new residential streets. Transportation Planning Bicycle: Fourteen (14 ) feet wide outside lanes are required on all new thoroughfares. Transportation Plan Element: As part of site development, Ten Ten Road widening will be required. The Town s Comprehensive Transportation Plan designates Ten Ten Road to have an ultimate 78 back-to-back cross-section (2 lanes in each direction with a center-landscaped median). Page 95

96 Enrollment SCHOOL INFORMATION Permanent Seat Capacity Average Percent occupied Projected Number of Additional Students from Proposed Rezoning Western Wake County Area Schools (Note: Schools APF does not apply at time of rezoning) Elementary 15,388 12, % 16 Middle 7,715 7, % 8 High 7,481 6, % 11 Total for all Area Schools Assigned Schools 30,584 26, % 35 Penny Road Dillard * Athens Drive Total for all Assigned Schools Current Enrollment and Building Capacity are based on the 20 th day of the school year for 2003 as supplied by the Wake County Public School System. School assignment will be determined at the time of development. The Projected Number of Additional Students is only a rough approximation. The actual number of students will vary depending on several variables, such as dwelling unit type, number of bedrooms, dwelling size, and other factors. A more definitive estimation will be done at the time of site plan submittal, which is when the applicant is required to secure a Certificate of Adequate Educational Facilities from the Wake County School System. *Athens Drive is not a Western Wake School. ENGINEERING Environmental Considerations Utilities (Water and Sewer) Traffic Impact Analysis This project meets all of the requirements of the Stormwater section of the Engineering Department. This development will be required to comply with all Town of Cary water and sewer policies and standards. No Traffic Impact Study Required. A development of 92 dwelling units, during the AM peak hour, will generate 69 trips and the PM peak hour will generate 93 trips. The Average Daily Traffic volume is 880 trips per day. Page 96

97 Property Owner(s) PARCEL & OWNER INFORMATION: County Parcel Number Real Estate ID(s) Area (Acres) 1010 Investors LLC 100 Weston Estates Way Cary, NC Staff s power point presentation is attached to and incorporated in these minutes as Exhibit H. Mr. Morehead of the planning department outlined an additional condition that the applicant has added: All construction traffic will be directed to use the Ten Ten Road entrance for construction operations within the site. Town Attorney Henderson clarified the information herein. He stated the applicant offered a condition pertaining to tying connectivity to certificates of occupancy; however, he stated any condition must be more restrictive than the general zoning. He stated this condition is less restrictive. He stated the Town has not always been consistent in this regard, but he wants to correct this situation and no longer allow these types of conditions. Mr. Henderson stated he feels the best alternative for the future is to amend the Code so that connectivity is not required up front in all situations. Mrs. Robison stated the intent of the Planning Board s condition is very understandable. She asked how this issue is being communicated to neighbors to let them know that it is outside of Cary s authority. Mr. Chuck Smith, on behalf of the applicant, stated he was willing to add a condition to delay the opening of the connection, but he did tell these homeowners that Cary s ordinances regarding a regular rezoning would not allow this delay. He added that the Town has not been inconsistent on standard rezonings in this regard, but rather the planned development rezonings allow this to occur while the standard rezonings do not. He stated he incorporated a condition that dealt with the Planning Board s concern about the construction traffic, and he told them that at the site plan process he would request that the opening be delayed and tied to certificates of occupancy. Mayor McAlister informed the council that they should take action on the associated annexation prior to voting on the rezoning. ACTION: Mr. Roseland made a motion to approve annexation 04-A-13; Ms. Dorrel provided the second, and council granted unanimous approval. (Resolution is on file in the town clerk s office and is incorporated in these minutes by reference.) ACTION: Ms. Dorrel made a motion to approve rezoning petition 04-REZ-05 with the condition regarding construction traffic. Mr. Roseland provided the second, and council granted unanimous approval. 2. ACTIVITY CENTER CONCEPT PLAN 04-AC-002 (Crossroads Activity Center Concept Plan, Crossroads Ford) This request is to approve an activity center concept plan to construct approximately 133,000 square feet of indoor new car and truck sales with no servicing or repair of vehicles. The property contains acres and is zoned Page 97

98 Office and Institutional and is proposed for Low Intensity Commercial. The property is located at 2323 Walnut Street, approximately 350 south of the intersection with Dillard Avenue. Planning & Zoning Board Recommendation: Staff Recommendation: Planning and Zoning Board recommends approval. Staff recommends approval PROPOSED SCHEDULE OF MEETINGS TOWN COUNCIL PUBLIC HEARING May 13, 2004 PLANNING & ZONING BOARD July 19, 2004 TOWN COUNCIL PROJECT DESCRIPTION The applicant is requesting approval of an Activity Center Concept Plan to construct approximately 133,000 square feet of indoor new car and truck sales with no service or repair of vehicles. The property contains acres and is zoned Office and Institutional (O&I) and is proposed for Low Intensity Commercial. PARCEL INFORMATION Parcel # Realid # Area acres Page 98

99 Current Zoning: Office and Institutional (O&I) Overlay District: Regional Activity Center Town Limits: [ X ] In ZONING AND ACTIVITY CENTER COMPLIANCE The property is located within a Regional Activity Center (RAC) intended to facilitate development at the regional scale. A region is a collection of adjacent communities, and has between 80,000 and 150,000 people. This district is intended to encourage the development of large scale, distinctive, attractive, regional centers containing a mix of concentrated land uses. These high quality and highly visible regional activity centers are intended to serve as Cary s image makers. The center should contain major economic generators, most with regional market draw, such as a regional shopping mall, major employer, a large high school or community college, restaurants, theatres, hotels and relatively dense office development. The area should contain a broad mix of complementary uses, such as high density multi-family housing, major civic and public facilities, parks and open space. Mass transit facilities and pedestrian friendly elements are important components of development in this type of center, in order to reduce demand for auto travel as well as increase visual interest. The proposed 133,000 sq ft. light commercial use meets the square footage guidelines contained within the land use plan guidelines for activity centers. BUILDING & LANDSCAPE Architectural and landscape design criteria would comply with Cary s Activity Center Design Guidelines and would be established. Please refer to the building elevations that have been provided. The landscape plan for this project would comply with all Town requirements. This project would provide an opaque type A 40 buffer on the north side, a 40 type A buffer or 50 stream buffer on the east side, a 50 type A buffer on the south and a 30 streetscape along Walnut Street. Additional standards have been included by the applicant. 1. The building will be located adjacent to the 30-Foot Streetscape. The precise shape of the building will be determined at site plan approval. 2. No outdoor car or truck washing will be permitted on the site. 3. An evergreen hedge such as wax myrtle will be planted along the northern property boundary to provide additional screening. 4. There will be no doors on the north side of the building for a distance of 65 feet from the corner of the building at Walnut Street. 5. The use proposed is an indoor new car and truck sales showroom with no servicing or repair of vehicles. There will be no used cars sold on the site. 6. No outdoor speakers will be permitted. Page 99

100 PARKS & GREENWAYS A 10 wide concrete multi-use trail will need to be constructed along the east side of the collector road, if and when the road is constructed. TRAFFIC With respect to land used classifications, the Crossroads Activity Center Concept Plan for Crossroads Ford constitutes a reduction in trips as compared to a traditional Office & Institutional use. No traffic study is required at this time. The following chart illustrates that there is less than 100 trips per day between traditional Office & Institutional development and the proposed Crossroads Activity Center Concept Plan. ADT AM Peak PM Peak Existing O & I Proposed RAC A traffic study would be required at time of site plan submittal for Office & Institutional development or vehicles sales and service if either use generates more than 100 trips per day. ROADWAY DESIGN Cross access/shared access is an ordinance requirement and something that s especially important when accessing median divided roadways. The north and east sides of the project are developed, but the south side appears to be undeveloped. Cross/shared access with the southern property is required. Pursuing cross access with any of the northern and/or eastern properties is in order to allow site entrance/exit from Dillard Drive, thereby reducing traffic through the Walnut/Dillard intersection. UTILITIES This development will be required to comply with all Town of Cary utility policies and standards. STORMWATER The Project meets all the requirements of the stormwater section of the Town of Cary. Staff s power point presentation is attached to and incorporated in these minutes as Exhibit I. Site plan information is attached to and incorporated in these minutes as Exhibit J. Ms. Paula Benway, project manager with Stantec Consulting, outlined the results of the traffic study (refer to Exhibit I). Mayor Pro Tem Smith stated there are many traffic problems in the Crossroads area. He asked why the Town does not require the traffic signal now. Mr. Bailey of the engineering staff stated the fourth leg of the intersection would be required to meet the traffic signal warrant criteria, and the State will not allow a signal at the present time. He stated it might only happen with the addition of the facility and trip generation. He anticipates that the signal would be needed, and the Town would work through the site plan process so that the developer pays for the signal when and if it meets warrant criteria. Page 100

101 Mayor Pro Tem Smith stated this development will result in more turning movements. Mr. Bailey stated in addition to installing a signal, which will correct left turns, there is a treatment at many intersections whereby they are shifted so that on-coming traffic does not block the view of the vehicles turning from the opposite direction. He stated staff can review these types of improvements during the site plan process. Mayor Pro Tem Smith is concerned with the timing of the traffic signals. Mr. Bailey stated there is a traffic signal system project that has been under construction, and poles for the cameras have already been installed along Walnut Street. He stated this system will operate more effectively for timing and it will allow the ability to make timing changes. He stated the Town is moving towards a state-of-the-art system on Walnut Street whereby the traffic signal system will adjust itself without human intervention based on changing traffic volumes. He stated this is a capital project identified as Walnut Street improvements, Phase 1. He stated there was $3 million in FY 2004, and staff is waiting to pick the best project to route through the committee after the southeast gateway plan. He anticipates that the highest priority project will either be the exit ramp into Crossroads or the conversion of the flyover ramps. He stated that the Crossroads Plaza representatives have also chosen to make some internal changes, which will help a lot. He stated staff has received preliminary information about these changes in the last month, and it will go through a site plan process. Mrs. Robison asked about the Columbus Drive extension. Mr. Bailey responded that the extension is through an area with significant wetlands, and it is unlikely that the developer could make the extension. He stated Towns have a different ability to permit roadway construction, and the Town could potentially construct this extension. He stated before this occurs, staff and council should consider if the traffic benefit is worth the potential environmental trade-off. Mr. Roseland stated he wants this to be a separate decision; Mr. Bailey concurred. Mr. Bailey added that if this connection does not occur, then the Town will likely want a right turn lane at Dillard in order to redirect some of the traffic on Walnut Street. He noted that the connector road would not have a significant impact on Walnut Street, but staff would analyze the impact if the road is deleted. Mr. Joyce asked if staff has considered the decrease in traffic in the Walnut Street area when the new Lowe s opens. Mr. Bailey stated this analysis has not been done, but he stated the retail traffic patterns will change. He stated the influence area for the Crossroads area will be smaller. He stated it is almost impossible to analyze this situation. Mr. Joyce asked for explanation of why Cary cannot get a connection into this area from I-40. Mr. Bailey responded that there is an apartment complex in the location where an interchange would be located. He stated that other areas do not meet federal requirements for an interchange. Mr. Joyce asked the total cost of fixing the alignment. Mr. Bailey stated he anticipates $4 million being available in FY 2007, which would cover the U.S. 1 ramp stand alone project. He added it may also cover another stand-alone project if staff feels that realigning Meeting Street is the highest project. He stated that a majority of the project would be eligible for state funding, but there is no guarantee that the Town would get any state funding. He explained that only major thoroughfares on the thoroughfare plan are eligible for state funding. Mayor McAlister suggested that the council take action on the associated annexation prior to voting on the rezoning. ACTION: Mr. Joyce made a motion to approve annexation 04-A-12; Ms. Dorrel provided the second. Mayor Pro Tem Smith voted no; all others voted aye. The motion carried by majority vote. (Resolution is on file in the town clerk s office and is incorporated in these minutes by reference.) Page 101

102 ACTION: Mr. Joyce made a motion to approve the Crossroads Activity Center Concept Plan (04-AC-002). Mr. Roseland provided the second. Mr. Roseland stated the developer should not be required to pave over wetlands. Mr. Bailey said the issue and all alternatives will be considered during the site plan process. ACTION: Vote was called for on the motion. Mayor Pro Tem Smith voted no; all others voted aye. The motion carried by majority vote. G. TOWN CENTER REVIEW COMMISSION (discussion items) There were no Town Center Review Commission items on this agenda. H. COMMITTEE REPORTS (discussion items) 1. Planning and Development Committee, July 15, 2004 There were no Planning and Development Committee discussion items on this agenda. 2. Operations Committee, July 7, 2004 a. Proposed Lease Agreement for the Operation and Management of SAS Soccer Park (AD05-006) Committee unanimously recommended approval of a proposed lease agreement between Wake County and the Town of Cary for the operation and management of SAS Soccer Park. The Town of Cary has been asked to assist Wake County and Capital Area Soccer League (CASL) with the operation and management of SAS Soccer Park. This facility was built by Wake County at a cost of approximately $15 million from the proceeds of the hotel/motel food and beverage tax. The Town of Cary constructed the associated cross country track at a cost of approximately $350,000 and committed to the construction of road improvements to enable the facility to function properly. The SAS Soccer Park has been managed and operated by CASL since its opening. The SAS Soccer Park has been developed into a facility with a national reputation as a quality location for professional and major intercollegiate and high school soccer events. The cross country track has developed a similar reputation. The level of operation and management required to operate these facilities has outstripped the management and financial capability of CASL and as a result the Town has been asked to assume the operation and management responsibility of this facility with a view toward the Town assuming the 20-year lease. A draft agreement follows that sets out the responsibility of the Town and Wake County in the operation and management of the SAS Soccer Park for three years. The major elements of the agreement are that Wake County, the Town of Cary, and SAS will split the estimated operating deficit for a three-year period. At the end of the three year period, if the operating costs do not exceed 25% of the estimated cost, the Town will assume the lease for the remaining 20-year term. If this benchmark is exceeded the Town has the ability to renegotiate the lease or no longer remain as the lessor. Page 102

103 There are four major benefits of this proposal for the Town of Cary. 1. The addition of seven soccer fields to the Town s parks system will allow the Town to develop and program these facilities as part of the Town s parks system. 2. The addition of these fields to the Town s system will enable the Town to defer $2 million in capital costs over the next seven years. 3. It will allow the citizens of the Town of Cary to access these facilities at lower costs than others in the county. 4. The marketing value that the SAS Soccer Park facility has on a national scale will be available to the Town of Cary. Staff Recommendation: It is my recommendation that the Town Council approve the agreement for the lease of the SAS Soccer Park. NORTH CAROLINA INTERLOCAL AGREEMENT WAKE COUNTY This INTERLOCAL AGREEMENT is dated as of, 2004, between the TOWN OF CARY ( Cary ), a municipal corporation and public body politic of the State of North Carolina and WAKE COUNTY (the County or Wake ), a body politic and a political subdivision of the State of North Carolina, collectively referred to as the Parties. RECITALS WHEREAS, the County owns a recreational facility known as the SAS Soccer Park (the Park ), located in Cary; and, WHEREAS, the land upon which the Park is located is owned by the Sate of North Carolina (the State ), leased to the County, and sub-leased (the Sub-lease ) to CASL Soccer Properties, LLC ( CASL ); and, WHEREAS, CASL has notified the County that it intends to abandon its sub-tenancy and surrender all rights under the Sub-lease to the County; and, WHEREAS, Cary is willing to undertake to operate and maintain the Park and to assume the rights and obligations of CASL stated in the Sub-lease; and, WHEREAS, the County is willing to assist Cary in a portion of the operating costs of the Park for a period of three years; and, WHEREAS, the Parties desire to enter into this Agreement pursuant to statutory authority authorizing interlocal agreements, N.C.G.S. 160A-460 to 464. NOW THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The County will accept CASL s surrender of the Sub-lease effective no later than, and will execute any documents reasonably required to effectuate that surrender. 2. Beginning, Cary will assume operation and maintenance of the Park and will accept, as its own, the rights and obligations of CASL under the Sub-lease, except as those rights and obligations are modified by this Agreement. Page 103

104 3. Cary may, in its sole discretion, sub-contract any or all of its obligations under this Agreement to a third party, or parties, but Cary will remain responsible for the execution of the rights and responsibilities of the Sub-lease. 4. For a period of three fiscal years, beginning July 1, 2004, the County and Cary will each pay one half of the net costs of operating and maintaining the Park. Net costs shall be those costs reasonably necessary to operate and maintain the Park to the standards established in the Sub-lease, less any gross revenues received by Cary for naming rights to the Park and any net revenues received in any way from the Park. It is anticipated that this expenditure will not, for either Party, exceed $150,000 in any fiscal year. The County Manager and Cary Town Manager shall establish a process for review and approval of expenses and revenues related to the Park. 5. In recognition of the County s $14, capital investment in the Park, Cary agrees that the Park will be operated for the benefit of all County citizens. No County citizens will be denied use of the Park based upon residency outside the Town of Cary. 6. The County acknowledges that execution of this Agreement by Cary will not in any manner affect the County s consideration of any application by Cary for funding of projects with proceeds of the County s prepared food tax and/or hotel and motel occupancy tax. 7. Except as provided herein, no portion of this Agreement may be assigned without the written approval of both Parties. 8. This Agreement shall continue for a period of three years. a. If, during the three years of the Agreement, unforeseen conditions arise which require net costs to exceed the amounts as described in paragraph 4 by 25% or more, then the Town of Cary will have the option to renew the lease at the end of three years. b. Otherwise, at the conclusion of three years, the Town of Cary shall either sublease the Park from the County for the remainder of the period of the County s lease with the State on the same terms and conditions of the Sub-lease, or, at the County s election, take over and assume the County s lease with the State. The Parties are aware that either of these options are subject to the approval of the State. 9. No provision of this Agreement shall be construed or interpreted as creating a pledge of the faith and credit of a party to this Agreement within the meaning of any constitutional debt limitation. No provision of this Agreement shall be construed or interpreted as delegating governmental powers nor, as a donation or a lending of the credit of any party to this Agreement within the meaning of the State Constitution. However, to the extent allowed by State law, the parties agree to be bound by all payment obligations incurred herein and to appropriate in future year s sufficient monies to pay those obligations. No provision of this Agreement shall be construed to pledge or to create a lien on a class or source of any party s moneys, nor shall any provision of the Agreement restrict to any extend prohibited by law any action or right of action on the part of any future governing body of a party to this Agreement. To the extent of any conflict between this Article and any other provision of this Agreement, this Article shall take priority. It is the intention of the parties to be bound hereby to the full extent of law provided by Part 1, Article 20, Chapter 160A of the North Carolina General Statutes. 10. If any provision of this Agreement shall be determined to be unenforceable, that shall not affect any other provision of this Agreement. Subject to the specific provisions of this Agreement, this Agreement shall be binding and inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. This Agreement constitutes the entire contract between the Parties, and may not be changed except in writing signed by both Parties. IN WITNESS WHEREOF, pursuant to resolution adopted by the governing board of each party as required by N.C.G.S. 160A-461, the parties have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. Page 104

105 Mr. Joyce asked which projects from the parks master plan will be deleted. Mrs. Henderson, director of parks, recreation and cultural resources, stated the SAS soccer complex has seven fields, and all except the stadium field are similar to what the Town would build. She stated staff has not specifically identified the exact location of facilities that can be deleted, because the master plan does not specifically site facilities. She stated when reviewing the capital budget, the staff would not recommend additional fields in this geographic area. She stated staff would still support building more soccer fields in the southern part of Cary. ACTION: Mrs. Robinson made a motion to approve the lease agreement for the operations and management of the soccer park. Ms. Dorrel provided the second. Ms. Dorrel noted that the effective will be when all parties sign the agreement, and it will probably occur around September 1, ACTION: Vote was called for on the motion. Mr. Joyce voted no; all others voted aye. The motion carried by majority vote. I. OLD/NEW BUSINESS 1. Consideration of adoption of the Southwest Area Plan. UPDATE FOLLOWING TOWN COUNCIL MEETING OF JULY 15, 2004 Town Council requested that Planning Staff evaluate several suggestions brought forward at the July 15 meeting. These are listed in the table below. The original staff report for the July 15 meeting, in its entirety, follows the table. A. Map Change to Illustrate Area #2 Transition Table of Suggested Revisions Area #2: Revise Plan Map to graphically illustrate LDR-MDR transition area. B. Change to Map Keynote #2 C. Change to Map Keynote #3 Add sentence to end of Map Keynote #2: MDR development shall be at least 100 feet from the existing single family neighborhood. Add sentence to end of Map Keynote #3: If developed as MDR, development shall be at least 100 feet from the existing single family neighborhood. Page 105

106 D. Map Change Illustrate Area #5 Transition Area #5: Revise Plan Map to graphically illustrate LDR-MDR transition area, with LDR located east of proposed collector road. LDR to MDR E. Changes to Map Keynote #10 Add sentence to end of Map Keynote #10: Individual non-residential developments, on a site-by-site basis, shall not exceed 60,000 square feet. Staff Comments on Suggested Revisions While staff believes that the current map notes adequately address the transition intent, staff supports these requested graphical changes since they can help further convey the desired transition from LDR to MDR. Staff concurs with the suggested map keynote changes, with the exception of Map Keynote #10. For the proposed additional sentence regarding the size of individual stores: shall not exceed 60,000 square feet, we recommend should not exceed, since the word should is more appropriate for land use plans as opposed to regulations. TEXT FROM JULY 15, 2004 STAFF REPORT Background Following adoption of the Northwest Cary Area Plan on September 12, 2002, Town Council directed staff to create a land use plan for the Southwest area. The Southwest Area Plan will update the 1996 Land Use Plan and complement the Northwest Cary Area Plan. It is intended to balance the higher density and intensity of development in the northwest with reduced overall density and greater open space preservation in the southwest. The Southwest Area Plan seeks to achieve the following objectives: (1) protect water quality of the Jordan Lake reservoir, (2) preserve the significant open space and historic resources of the area, and (3) and guide future growth in a way that respects the rural character of the area. The Southwest Area Plan consists of a document, addenda and technical reports, and two maps. Public Hearing Summary A public hearing on the proposed land use plan amendment, the Southwest Area Plan, was held before the Town Council on May 27, A second public hearing was held before the Planning and Zoning Board on June 21, Comments from both meetings and staff recommendations are summarized below. Page 106