garner town council agenda, jan. 25, 2011

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Town of GarnerTown Council

Work Session AgendaJanuary 25, 2011 - 6:00 P.M.

The Garner Town Coun cil will meet in a Work Session at 6:00 p.m. on Tuesday,January 25, 2011 in the Town Hall C ouncil Meeting Room to discuss thefollowing:

Dinner will be provided at 5:15 p.m. for Council Members and Staff in theadjacent conference room.

A CALL MEETING TO ORDER

B PUBLIC HEARING

1. Inverness Subdivision Special Use Permit , SUP-SB-10-01Presenter: Brad Bass

Inverness Subdivision, a 19.8 acre tract of land to be located onthe west side of Creech Road north of Creech Road Elementary Schoolwas approved in August 2005; however the permit has expired. A newowner purchased the property in 2007 and has resubmitted the plansfor approval. The Planning Commission recommended approval subjectto: 1) a petition for annexation shall be submitted prior to firstfinal plat recordation and 2) the design of the proposed levelspreader shall be approved by the Engineering Department prior toreview by Town Council. This hearing is continued from the January18 Council Meeting.

Action: Consideration of Permit

C DISCUSSION

1. Utility Capacity Analysis Study PresentationPresenter: Frank Powell, Town Engineer

2. Potential UDO Text Amendment Regarding Hair Salons/BarberShops/Beauty Shops as Permissible Uses in the Office & InstitutionalZoning DistrictPresenter: Brad Bass, Planning Director

3. Update on Regional Transportation Plan InitiativesPresenter: Brad Bass, Planning Director

D REPORTS

1. Fire Department Bi-Monthly UpdatePresenter: Matthew Poole, Fire Chief

2. Economic Condition UpdatePresenter: Lin Jones, Finance Director

3. Neighborhood Improvement UpdatePresenter: Reginald Buie, Neighborhood Improvement Manager

4. Economic Development UpdatePresenter: Tony Beasley, Economic Development Director

E COUNCIL REPORTS

F ADJOURNMENT

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Town of GarnerSpecial Use Permit

Staff Report Planning Commission

January 6, 2011

PROJECT NUMBER: SUP-SB-10-01, Inverness Subdivision

APPLICANT:

Emma and James Coblentz;Susie and Omar El-Kaissi

OWNER:

Emma and James Coblentz;Susie and Omar El-Kaissi

PLAN PREPARED BY: Stewart-Proctor Engineering and Surveying

KEY MEETING DATES:

Planning Commission: January 10, 2011

Town Council Public Hearing: January 18, 2011

GENERAL DESCRIPTION:

Proposed Use: Single Family Home Subdivision

Location:West side of Creech Road where it intersects withArlean Street

PIN#: 1711-76-4692

Town Limits:

This site is not within the Town Limits; submittal of apetition for annexation is required prior to recordationof the first final plat.

Zoning Classification of the Site: Residential-9 (R-9)

Adjacent Zoning and Land Uses:

North: R-40, single family homes and undeveloped lots

South:R-40, undeveloped property

East:R-40, single family homes

West:R-9, undeveloped property

Neighborhood Character: Predominantly residential

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extension to properties to the north and south as theydevelop.

Sewer was previously allocated, in 2005, for thissubdivision from the Type II category, homes with aminimum of 2100 square feet.

Street Access/ Sidewalks: One point of access for this subdivision is proposed offCreech Road. Again, the design will allow interior roadconnections as properties to the north and south develop. Creech Road will be widened on both sides toaccommodate a left turn lane into the site. The roadimprovements were previously reviewed and approvedby NCDOT at which time it was determined that wideningon both sides of the road is preferred to avoid thepotential of a sight distance problem should the wideningoccur on only one side. The plans have beenresubmitted to NCDOT; we understand there has beenverbal approval and are awaiting written confirmation.

Curb and gutter construction with sidewalk will beprovided along the Creech Road frontage. Sidewalks areproposed along one side of the local streets (55 b/b) andboth sides of connector streets (60 b/b) within thesubdivision.

General Comments:

This subdivision was approved by the Town in 2005; however, the permit expired. The owner isstill interested in developing the property and has resubmitted the plans for approval.

Storm-water management Inverness Subdivision is subject to nitrogen rules only. The projectslightly exceeds the 6.0 pound/acre/year threshold so a water quality BMP is required for a portionof the site. The project will utilize an extended detention pond in order to control both the 1 yearstorm peak flow and to reduce the nitrogen export below the 6.0 pounds/acre/year threshold. Theproject will pay a fee-in-lieu to the North Carolina Ecosystem Enhancement Program in order toreduce the nitrogen export down to the required limit of 3.6 pounds/acre/year. Other than the 1year storm for nitrogen purposes, no storm-water quantity BMPs are required.

The Engineering Department has been requesting a detail of the proposed level spreader toinsure the design meets current standards. The detail shown does not provide enoughinformation to determine if it can be accommodated where proposed; communication continuesbetween engineers for a resolution prior to the public hearing.

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Consistency with Adopted Town Plans and Policies:

Comprehensive Growth Plan: This site falls within the Secondary Residential area fora Neighborhood Core. The project is consistent withthe Comprehensive Growth Plan.

Thoroughfare Plan: This project, as proposed, is consistent with theThoroughfare Plan.

Parks & Greenway Plan: This project, as proposed, is consistent with the Parksand Greenway Plan.

Unified Development OrdinanceRegulations:

This project, as proposed, is consistent with theregulations of the Unified Development Ordinance.

PLANNING COMMISSIONRECOMMENDATION:

The Planning Commission reviewed this plan at their meeting on January 12, 2011 and votedunanimously to recommend approval of SUP-SB-10-01, Inverness subdivision with six (6)conditions. Three of the five conditions have been addressed; the remaining two are listed on theattached Special Use Permit.

1. A petition for annexation shall be submitted prior to first final plat recordation.

2. The design of the proposed level spreader shall be approved by the EngineeringDepartment prior to review by Town Council.

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TOWN OF GARNERSUP-SB-10-01

SPECIAL USE SUBDIVISION PERMIT

APPLICANTS Emma and James Coblentz107 LaFOY Drive

Clayton, NC 27527AndSusie and Omar El-Kaissi8401 Waynesboro CTRaleigh, NC 27615-3879

LOCATION West side of Creech Road where it intersects with Arlean Street

USE Residential SubdivisionDATE ISSUED January 18, 2011

I. COMPLETENESS OF APPLICATION

The application is complete.

II. COMPLIANCE WITH ORDINANCE REQUIREMENTS

The application complies with all applicable requirements of the UnifiedDevelopment Ordinance.

III. GRANTING THE APPLICATIONThe application is granted, subject to the following conditions:1) The applicant shall complete the development strictly in accordance with

the plans submitted to and approved by this Town Council, a copy ofwhich is filed in the Town Hall. Any deviations from or changes in theseplans must be pointed out specifically to the administrator in writing andspecific written approval obtained as provided in the Unified DevelopmentOrdinance.

2) If any of the conditions affixed hereto or any part thereof shall be heldinvalid or void, then this permit shall be void and of no effect.

3) All applicable permit approvals shall be obtained by the applicant.

IV. SPECIFIC TO THE PROJECT1. A petition for annexation shall be submitted prior to first final plat recordation.

2. The design of the proposed level spreader shall be approved by theEngineering Department prior to review by Town Council.

Cc: Stewart-Proctor Engineering, PLLCAttn: Mike Stewart319 Chapanoke Road, Suite 106Raleigh, NC 27603

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TOWN OF GARNERM E M O R A N D U M

TO: Hardin WatkinsTown Manager

FROM: Frank H. Powell, Jr., PETown Engineer

DATE: January 19, 2011

SUBJECT: Utility Capacity Analysis Study Presentation

As you are aware the City of Raleigh has offered to sell Garner additional water andwastewater treatment capacity. Any purchase made will have to be completed prior tothe end of June of this year. In order to help the town determine how much capacity topurchase it was decided that a study needed to be conducted that looked at our existingutility capacity status as well are our projected capacity needs to accommodate futuregrowth.

As a result the consulting firm of Hazen & Sawyer, P.C. was engaged by the Town in lateSeptember to conduct this Utility Capacity Analysis Study. They have looked in depth atour current usage as well as our forecast demand to assess our future water andwastewater capacity needs. This information is compared to the amount of future waterand wastewater capacity allocations that is supplied as part of the Utility MergerAgreement. This comparison then determines if there are any shortfalls andapproximately how much those shortfalls are between supply and demand. This

information can then be used as a guide in the decision making process concerningpurchasing additional capacity from the City of Raleigh.

The consultant has finished this study and is now prepared to present the findings to theTown Council. Mary Sadler, PE, the project manager, along with Bob DiFiore, PE, theproject director, will present the results of this study at the January 25 th

work session.

The engineering services agreement with Hazen & Sawyer is set up so that once theTown has decided how much capacity it intends to purchase it has the option of directingthe consultant to then look at various methods of how to pay for that capacity.

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MEMORANDUM

TO: Hardin Watkins

Town Manager

FROM: Brad Bass, AICPDirector of Planning

DATE: January 20, 2011

SUBJECT: Potential UDO Text Amendment Regarding Hair Salons/BarberShops/Beauty Shops as Permissible Uses in the Office &Institutional Zoning District

Background

Staff recently received an inquiry regarding the possibility of allowing hairsalons/barber shops/beauty shops as a permissible use in the O&I zoning district.In 2006 the Town Council approved a UDO text amendment to allow these typesof uses in the Neighborhood Office District subject to the issuance of a SpecialUse Permit (public hearing before Council). The 2006 amendment did notspecifically address whether the use should also be allowed in the more intenseO&I zoning district. Currently in addition to the Neighborhood Office Districtthe above noted uses are permitted in Neighborhood Commercial (NC), CentralBusiness District (CBD), Community Retail (CR), Service Business (SB), and the

Industrial Districts (I-1 and I-2), but not in the O&I District.

The following is an excerpt from the UDO regarding the purpose and intent of the Office and Institutional (O&I) District.

The purpose of this district is to accommodate more intense professional andservice occupations than permitted in the neighborhood office (NO) districtand to insure that the environmental effects (including noise, odor, glare,heat, vibration and air pollution) resulting from the conduct of suchoperations shall not interfere with the quality of any surrounding district. Thisdistrict is also intended to accommodate, as special uses, certain other

compatible uses that are so designed, constructed and maintained that they donot interfere with the conduct of permitted professional and serviceoccupations. When used as part of a rezoning, this district serves as atransition between residential districts and more intense districts, includingcommercial districts.

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Summary of Text Amendment

The text amendment would add hair salons, barber shops, beauty shops as apermissible use in the O&I District and continue to be allowed in the zoningdistricts as noted above.

Neighborhood Office District (N-O) Uses Office & Institutional District Uses

1. Single family residential,cluster, modular homes

2. Upper story residential3. Family Care Home4. Group Care Home5. Intermediate Care home6. Adult Day Care7. Child Day Care (up to 3)8. Day Care Center9. Public safety facilit ies10. Cemetery11. Public parks, swimming pools,

tennis and golf courses12. Religious institutions13. Minor utilityelevated water tank14. Golf course or country club private15. Gym, spa, indoor tennis or pool private16. Banks and financial institutions17. Medical office18. Other office19. Bed and breakfast20. Veterinarian / kennel, indoor21. Hair Salons/Barber Shop/Beauty Shop

1. Townhouses and Condominiums2. Community Center3. Library, museum, art gallery4. Other community service5. Adult daycare6. Day Care Center7. Business School. College, or university in

single building8. College, university9. Schools public or private10. Trade or vocational school11. Ambulance, rescue squad, police, fire

station12. Government office13. Continuing care, retirement facility14. Hospice15. Hospital16. Medical clinic17. Mental health facility18. Group care facility19. Handicapped institution20. Intermediate care institut ion21. Cemetery22. Public parks, swimming pools, tennis and

golf courses23. Religious institutions24. Minor utilityelevated water tank25. Golf course or country club private26. Gym, spa, indoor tennis or pool private27. Banks and financial institutions28. Medical office29. Other office; general office30. Bed and breakfast31. Commercial parking32. Indoor repair oriented use33. Veterinarian / kennel, indoor

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In evaluating any proposed amendment of the UDO following should beconsidered:

1. The extent to which the proposed text amendment is consistent withthe remainder of the UDO, including, specifically, any purpose and

intent statements.2. The extent to which the proposed text amendment represents a new

idea not considered in the existing UDO, or represents a revisionnecessitated by changing circumstances over time.

3. Whether or not the proposed text amendment corrects an error in theUDO.

4. Whether or not the proposed text amendment revises the UDO tocomply with state or federal statutes or case law.

5. In deciding whether to adopt a proposed amendment to the UDO, thecentral issue is whether the proposed amendment advances the publichealth, safety or welfare and is consistent with the Towns

Comprehensive Plan and the specific intent of the UDO.

If Council is comfortable moving forward on this matter staff recommendsplacing an item on the February 7 th Council agenda that would set a publichearing on March 7 th

to consider this text amendment.

Please advise if you have questions.

h:\pla-02\udo-11-02_council_worksession.doc

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garner town council agenda, jan. 25, 2011

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