Regular
Meeting
March 20, 2007
The
Council Members Present: Councilmen
Council Members
Absent: Councilmen Chet VanFossen
and
Staff Members Present:
2 and 3. The Pledge of Allegiance was
recited, and the meeting opened with an invocation by Rabbi Ederly
of The Temple Beth Shalom.
4. Agenda Adjustment:
The
Motion By: Dickson
Second By:
DeBenedetto
Vote:
Unanimous
Items Added to the Agenda: None.
Items Removed from the Agenda: Item 7b. was removed
and rescheduled for the
Consent Agenda Items Moved to New Business: None.
Other Changes: None.
5. Public Comment: At this time, an opportunity was
provided for members of the audience who had registered to speak to address the
Council on any variety of topics not listed on the night’s agenda.
Van
Crandall,
6a. Public Hearing: Zoning Map Change Petition 07-REZ-01 – Mr. Zawadski
reported that the Town has received Zoning Map Change Petition 07-REZ-01 to
rezone properties located at
He said the
properties are zoned R-10: Residential, and the applicant is requesting that
both properties be rezoned to LB: Local Business. He added that the requested zoning district
would be compatible with the Northeast Gateway Plan of the Ten-Year
Comprehensive Growth Plan, which designates these properties as business.
Mr. Zawadski
said that staff and Planning Board recommend approval.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Mary Beaman,
Loftee Smith,
Councilman Dickson explained that
the request is to consider zoning of the property and not site approval;
therefore, the Council can only consider the question of whether the zoning is
appropriate. He noted that the local
business district would allow a variety of office, retail, restaurant and
personal service uses. He added that the
district also would allow limited automobile and drive-through restaurant uses
as special exceptions, which require public hearings specifically on the
proposed uses.
There being no further input, the
public hearing was closed.
Action
#1: The Council approved a motion to approve the following
statement: “The requested zone map
change from R-10: Residential to LB: Local Business is consistent with the
Motion By:
Womble
Second By:
DeBenedetto
Vote:
Unanimous.
Action
#2: The Council approved a motion to
approve Zone Map Change Petition # 07-REZ-01 to change the zoning of .45 acres
of Wake County
Motion
By: Dickson
Second By:
DeBenedetto
Vote:
Unanimous.
6b. Public Hearing: Growth Plan Amendment 07-GPA-01 – Mr. Zawadski
explained the Town has received a
Growth Plan Amendment Petition 07-GPA-01 requesting to rezone property located
near the intersection of
Mr. Zawadski said the applicant is requesting a growth plan amendment to
change the future land use designation to high-density residential up to 4.5
units per acre. He explained the
property is currently split-zoned R-8: residential and R-MF-8: multi-family
residential. The applicant is proposing
to rezone from the R-8: residential portion to R-MF-8: multifamily which the
R-8 allows up to 8 units per acre. He
said the R-MF-8 zoning district would exceed the high-density residential
development limit that would result from an amendment to the Land Use Plan. There are environmental features on the
property that would effectively restrict development to the high-density
maximum.
Mr. Zawadski reviewed the surrounding land uses and density of
the adjacent properties, such as; Arbor Creek density is 3.8 dwelling units per
acre, and Windcrest 3.5 dwelling units per acre. He said the proposed amendment is requesting
high density which would allow up to 4.5 dwelling units per acre.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded:
Thomas Spaulding
of
Councilman DeBenedetto
asked how many dwelling units per acre is proposed with the request 3.9
dwelling units per acre.
Mr. Spaulding said with the density
of 3.9 it would average approximately of 37 dwelling units on 9 aces.
Councilman Dickson asked if the
property were to remain zoned R-8: Residential and using the developable land,
how many units could be built on the property.
Mr. Spaulding said with the zoning
remaining as R-8: Residential approximately 18 or 20 units. He said that the proposed 3.9 density is a
better fit for townhomes verses residential lots,
it’s the best use for the property and there’s not much of an increase in
density from 3.5 to 4.5 dwelling units per acre.
Van Crandall,
Brian Rieland,
There being no input, the public
hearing was closed.
Councilman Dickson said that he did
not oppose to the proposed density or multifamily zoning district and feels
that it’s appropriate with the other adjacent developments. He said his major concerns will be the review
and consideration of the development plan.
Mr. Zawadski
said the Planning Board had concerns with the proposed land use with the
adjacent properties, Arbor Creek-3.8 dwelling units per acre, Windcrest 3.5 dwelling units per acre, and the proposed
high density 4.5 dwelling units per acre.
He said that staff and Planning Board recommend approval.
Action: The Council approved a motion to approve Ten-Year Comprehensive Growth Plan amendment
07-GPA-01 to change the future land use designation of a 9.3-acre portion of
Wake County
Motion By: Womble
Second By:
Dickson
Councilman
DeBenedetto commended that the developer is
developing the project with energy star and presents a good quality product.
Vote:
Unanimous.
6c. Public
Hearing: Zoning Map Change Petition
07-REZ-02 – Mr. Zawadski said this request is for the rezoning of property
located near the intersection of
Mr.
Zawadski said the applicant is requesting that the
9.3-acre R-8: residential portion of the property be rezoned to R-MF-8:
multi-family residential.
Mr.
Zawadski said with the previous approval of growth
plan amendment, 07-GPA-01, the rezoning petition 07-REZ-02 still would not be
consistent with the growth plan, because the requested R-MF-8 multifamily
zoning would allow development up to 8 units per acre, which would exceed the
limits of the high-density designation; however, there are
environmental features on the property that would effectively restrict
development to the high-density
maximum.
Mr. Zawadski said the Planning Board discussed the
compatibility of the R-MF-8 zoning district with the high density land use
designation. He said that staff and
Planning Board recommend approval.
With that explanation completed,
Mayor Sears opened the public hearing to accept input. The following comments were recorded: None.
There being no input, the public
hearing was closed.
Action
#1: The Council approved a motion to accept the following
statement of zoning compatibility: “The
requested zone map change from R-8 to R-MF-8 is not consistent with the
Motion By:
Womble
Second By:
Dickson
Vote:
Unanimous.
Action
#2: The Council approved a motion to
approve Zone Map Change Petition #07-REZ-02 to change the zoning of a 9.3-acre
portion of Wake County
Motion By: Dickson
Second By:
DeBenedetto
Vote:
Unanimous.
7a.
Action: None.
7b. Appearance
Issues and Sign Regulation Report – This agenda item was rescheduled to the
8. Consent Agenda:
The Council approved a motion to approve all items on the Consent
Agenda. The motion carried following a motion by Councilman Dickson, a second by Councilman Womble
and a unanimous vote. The following
actions were affected:
8a. Minutes - The
Council approved minutes of the Council’s 2007 Winter Retreat and its regular
meeting held on
8b. Budget Report –
The Council received report of FY 2006-07 budget amendments #68 through #75
approved by the town manager. A copy of the budget report is incorporated
into these minutes as an addendum page.
8c. National Incident
Management System (NIMS), Resolution 07-10 – The Council adopted
Resolution 07-10 establishing the National Incident Management System (NIMS) as
the standard in
8d.
Stinson Avenue, Phase II, Budget Amendment – The Council approved amendment
to the FY 2006-07 budget in the amount of $295,000 from Street Reserves to fund
Stinson Avenue Phase II. A copy
of the budget amendment is incorporated into these minutes as an addendum page.
8e.
9a.
Ms.
Keefer reviewed with the Council Members the design work and the location of
the 6,000 linear feet gravity sewer extension in the
Ms.
Keefer reviewed the design process and the impacts to the
Ms.
Keefer said also there will be an impact of 3,188 square feet into the riparian
buffers, streams and wetlands, of the conservation easement around
Ms.
Keefer said that staff is requesting the Council to consider approval of a
waiver of UDO regulations in Section 7.06e (1), environmental buffer areas, for
the Town impacts into the
Ms.
Keefer reviewed with Council Members the realignment of the
Action #1: The
Council approved a motion to accept that the following findings of fact
have been adequately addressed and to approve a waiver of UDO regulations
Section 7.06e(1), Environmental Buffer Areas, for the
Town of
Findings
of Fact:
1.
The carrying out of the strict letter of the UDO will result in practical
difficulties in the development of the property included in the Waiver
Petition.
2. Approval will observe the spirit of the UDO.
3. Approval will secure public safety and
welfare.
4. Approval will provide substantial justice.
5. a. There are
exceptional conditions pertaining to the particular piece of property in
question because of its shape, size, or topography, that are not applicable to
other lands, buildings, or structures in the same district, or
b. There is a peculiar characteristic of a
proposed use which makes the application of certain development standards of
the UDO, as requested in the petition for waiver of Riparian Buffer
Regulations, unrealistic.
6. Granting the Waiver requested will not confer
any special privileges that are denied to other owners or residents of the
district in which the property is located.
7. A literal interpretation of the provisions of
the UDO would deprive the applicant of rights commonly enjoyed by other owners and
residents of the district in which the property is located.
8.
The requested Waiver will be in harmony with the purpose and intent of the UDO
and will not be injurious to neighbor or to the general welfare
9. The special circumstances giving rise to the
Waiver request are not as a result of actions of the Applicant.
10. Waiver Requested is the minimum variance that
will make possible the legal use of the land, building, or structure.
Motion
By: Dickson
Second
By: Womble
Vote: Unanimous.
Action #2: The Council approved a motion to endorse the
impact of the Clean Water Management Trust Fund conservation easement with the
construction of the
Motion
By: Womble
Second
By: Dickson
Vote: Unanimous.
10. Other Business: Councilman DeBenedetto
saluted all the women of
Councilman Womble asked Mayor Sears
if he or the Town was considered a part of the year round school suit. Mayor Sears responded that neither was a part
of the suit.
Councilman Womble asked the status
of the sidewalks at Food Lion and
Ms. Sudano
said that
11. Manager’s Report:
Mr. Dean invited the Council Members to the Main Street Square ground
breaking scheduled for April 5th at
Mr. Dean commented on the new fire
truck that was presented earlier in the evening. He also reported that the Town has received
the finding of no sufficient impacts report from the Department of
Environmental National Resources, which allows the Town to start construction
of the Wastewater Treatment Plant expansion in July, 2007.
Mr. Dean said that the budget
process will be starting at the end of April, 2007.
12. Closed Session:
None.
13. Adjournment:
There being
no further business for the evening, the
Respectfully Submitted on
_________________________________
Linda R. Harper,
Addendum pages as
referenced in these minutes follow and are a part of the official record.