Garner Town Council Agenda Jan. 3, 2011

8/8/2019 Garner Town Council Agenda Jan. 3, 2011

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TOWN OF GARNERTOWN COUNCIL

REGULARMEETING

January 3, 20117:00 P.M.

Garner Town HallTown Council Meeting Room


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Town of Garner

Town Council

January 3, 2011

The Garner Town Council will meet in regular session at 7:00 P.M.on Monday, January 3, 2011 in the Town Council Meeting Room

Dinner will be served for Town Officials in the conference room at 6:15 pm

A CALL MEETING TO ORDER

B PLEDGE OF ALLEGIANCE Council Member Marshburn

C INVOCATION Council Member Marshburn

D ADOPTION OF AGENDA

E STATE OF THE TOWN ADDRESS MAYOR WILLIAMS

F PETITIONS AND COMMENTS

This portion of the meeting is to receive comments from the

public on items not included in this agenda. Citizens should

sign up with the Town Clerk to speak prior to the start of the

meeting. The Council is interested in hearing your concerns, but

may not take action or deliberate on subject matter brought up

during the Petitions and Comments segment. Topics requiring

further investigation will be referred to the appropriate Town

officials or staff and may be scheduled for a future agenda.

G CONSENT

All items on the Consent Agenda are considered routine, to be

enacted by one motion with the adoption of the agenda and without

discussion. If a member of the governing body requests

discussion of an item, the item will be removed from the Consent

Agenda and considered separately.

1. Minutes from December 6, 2010 and Closed Session fromDecember 6, 2010.

Action: Approval of Minutes

2. Ordinance Amending the 2010 2011 Town Operating BudgetThis ordinance amendment provides funding for employeeChristmas bonuses approved by Council, funding for purchaseof land on Garner Road and funding for purchase of landassociated with the retention pond at Timber CrossingsShopping Center.

Action: Adopt Ordinance No. (2011) 3606

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3. Ordinance Amending the 2010 2011 Town Operating BudgetThis ordinance amendment provides funding for purchaseorders which were issued but the items were not received byfiscal year end June 30, 2010.

Action: Adopt Ordinance No. (2011) 3607

H PUBLIC HEARINGS

1. Conditional Use Rezoning (CUD-Z-10-02) & Conditional UseSite Plan (CUP-SP-10-04), 125 Timber DrivePresenter: Brad Bass

Timber Drive Office Building, LLC requests to rezoneproperty located at 125 Timber Drive from Service Business(SB C-4) to Service Business (SB C-160), conditional usedistrict. The applicant proposes a conditional use siteplan modification to the existing building to allow a

religious operation. The Planning Commission recommendsapproval as presented.

Action: Adoption of Ordinance No. (2011) 3608 andConsideration of Conditional Use Permit

2. Public Hearing on Amendments to the Unified DevelopmentOrdinance Regarding Sign RegulationsPresenter: Brad Bass

The purpose of this hearing is to receive public input on aproposed amendment to the Unified Development Ordinance

(UDO). The amendment recommends changes to regulationsregarding off-premise signs advertising residentialsubdivisions and on-site signs advertising largeconstruction projects.

Action: Refer to the Planning Commission

I OLD/NEW BUSINESS

1. Rezoning Z-10-01 GFR Properties, LLC O&I to MF-2 on Poole DrivePresenter: Brad Bass, Planning Director

GFR Properties is requesting to rezone a 1.67 acre tract ofland located on Poole Drive north of Georgetowne Manor fromOffice and Institutional to Multi-Family 2. A public hearingwas held on December 6, 2010 and the Planning Commissionrecommends approval.

Action: Adoption of Ordinance No. (2011) 3609

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2. Downtown Garner Economic Vision StatementPresenter: John Hodges

The Garner Revitalization Association has written andadopted an Economic Vision Statement and requests the TownCouncil consider adoption of this statement in support ofthe partnership to lead revitalization efforts in DowntownGarner. The Vision Statement is included in the enclosed

memo.

Action: Consider Adoption of Vision Statement

3. Update From the Garner Revitalization AssociationPresenter: John Hodges, Executive Director

Mr. John Hodges will present a bi-monthly update to theTown Council.

Action: Update Only; No Action Required

4. Contract Amendment for Audit Accounts with Cherry, Bekaert& Holland L.L.PPresenter: Lin Jones, Finance Director

The Local Government Commission requires the originalcontract contain an audit submission date of October 31.Since the audit was not submitted by October 31 an amendedcontract is required. The only change is the audit submissiondate from October 31, 2010 to December 31, 2010. All otherprovisions of the contract are the same as the original.

Action: Authorize Execution of Amended Contract

J COMMITTEE REPORTS

K MANAGER REPORTS

1. Star Tracker

L ATTORNEY REPORTS

M COUNCIL REPORTS

N ADJOURNMENT

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Town of Garner

Town Council Minutes

December 6, 2010

The Garner Town Council met in regular session at 7:00 P.M. on Monday,December 6, 2010 in the Town Council Meeting Room

COUNCIL MEMBERS PRESENT: Mayor Williams, Mayor Pro-Tem Behringer, CouncilMembers Kennedy, Johns, Marshburn and Singleton

STAFF MEMBERS PRESENT: Hardin Watkins, Town Manager; Rodney Dickerson, AssistantTown Manager; William E. Anderson, Town Attorney; Reginald Buie, NeighborhoodImprovement Manager; Tony Beasley, Economic Development Director; Lin Jones,Finance Director and Rick Mercier, Public Information officer

CALL MEETING TO ORDER

PLEDGE OF ALLEGIANCE Council Member Johns

INVOCATION Council Member Johns

ADOPTION OF AGENDA- As Presented

PRESENTATIONS

1. Residential Property of the Month Award, 101 Monabreeze Way, Johnsonand Blessing UwaPresenter: Reggie Buie

2. Commercial Property of the Month Award, Raleigh Pediatric Associates,1405 Timber Drive East, Tonya Wade-Garner Office, Site ManagerPresenter: Reggie Buie

3. Capital Trees AwardPresenter: Lois Nixon, Triangle J Regional Appearance Commission

Ms. Nixon presented the Capital Trees Meritorious award to the Town fora White Oak tree located in Lake Benson. This particular White Oak wasgrown from an acorn that came from the Henry Clay White Oak formerlylocated in Raleigh. The award was being accepted by Mayor Williams,and by Archie Mills who nominated the tree for this award. Mr. Millsalso planted the tree when he was a town employee, and the tree was a 3foot tall seedling. Mr. Mills obviously did a good job planting,because the tree is obviously very happy in its home at Lake BensonPark. The Capital Trees Program was established in 1993 to promote thesignificance of trees in Wake County. Its overall goal is to drawattention to the most noteworthy trees in the county through thisawards program, and implement an educational program about the treecanopy and even the roots. This will be especially important as we

celebrate the United Nations International Year of the Forests in 2011.Over 250 trees have received CTP recognition in the past six biennialaward cycles, and 17 more trees have been selected for awards this yearfrom throughout Wake County. All of these award winners will be addedto the Capital Trees Honor Roll on the Triangle J TREEmendous Trees website. The members of the Capital Trees Program committee arevolunteers. The awards jury is made up of professional arborists andforesters.

4. Presentation of Proclamation for Human Rights Day, Bill of Rights Dayand Human Rights Week, 2010

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Mr. Dwane Adkinson received this award on behalf of the Garner PeaceCommittee. Mr. Adkinson said this is the 62 anniversary of the UnitedNations Agreement and the 219 anniversary of the Bill of Rights, bothare sacred documents and represent what we believe in as Americans

5. Update from the Veterans Memorial CommitteePresenter: Harold Annis, President

Mr. Annis said that the Council has been very supportive of thisproject and he wanted to bring them up to date. Over the last few

months they have been organizing a fund raising campaign and have beenworking with Ron Smith of Cherokee Publishing and Lilly Buesch who is afund raising consultant. They have been helpful gathering fund raisingefforts which should go smoothly for the Committee; in the next eightto twelve months, we hope to have funds raised for the memorial. OnJanuary 25, there will be a fundraising kick off at White Deer Park,7:00 AM. Anyone who has shown interest or support in the project willbe invited to the meeting. The Council will receive an invitation.

PETITIONS AND COMMENTS - NONE

CONSENT

Town Council Meeting Date Schedule for 2011

Action: Meeting Date Schedule Approved

Adoption of Town of Garner Streetscape Master Plan

One of the recommendations from the North Garner Plan was to design andimplement streetscape improvements along Main Street. This StreetscapeMaster Plan provides a vision and framework for future development withinthis core area as well as the community as a whole. Through facilitatedworkshops, a steering committee conceived, developed and finalized the plan.

Action: Adoption of Town of Garner Streetscape Master Plan

Set Public Hearing on Amendments to the Unified Development OrdinanceRegarding Signs

Staff requests a public hearing be set on January 3, 2011 to receive publicinput on a proposed amendment to the Unified Development Ordinance (UDO). Theamendment recommends changes to regulations regarding off-premise signsadvertising residential subdivisions and on-site signs advertising largeconstruction projects.

Action: Set hearing for January 3, 2011

Permit New Years Eve Concert to Extend past the 11:00 P.M. Deadline

A concert is planned at the Historic Auditorium on New Years Eve that will rununtil 12:15 A.M. This will require authorization of the Town Council to waiveSection 4.5 of the Town Special Events Policy which requires sound systems toconclude by 11:00 P.M. and waive Section 11-15 of the Garner Town Code thatprohibits sound systems after 10:00 P.M.

Action: Waive Special Events Policy Requirements and Noise Requirements ofSection 11-15 of the Town Code for an event scheduled to beginDecember 31, 2010

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Ordinance Amending the 2010 2011 Town Operating Budget

This ordinance amendment recognizes proceeds from the sale of Squad Vehicle#881 and provides funding to pay balance of the outstanding loan and intereston Squad Vehicle #881; provides funding for the School Traffic Study andrecognizes the balance of proceeds from Squad Vehicle #881 as an increase ofcontingency.


Motion By: SingletonSecond: JohnsVote: Unanimous

END OF CONSENT

Public Hearings

Rezoning Z-10-01 GFR Properties, LLC O&I to MF-2 on Poole Drive

Presenter: Brad Bass, Planning Director

GFR Properties is requesting to rezone a 1.67 acre tract of land from Office andInstitutional to Multi-Family 2. The property is located on Poole Drive northof Georgetowne Manor. The existing zoning district is Office and Institutional

which is designed to accommodate more intense professional and serviceoccupations than permitted in the Neighborhood Office district. This districtis also intended to serve as a transition between residential districts and moreintense districts, including commercial districts. The proposed zoningdistrict is Multi Family 2 and is a high density multi-family residentialdistrict that allows apartments, condos, townhomes, duplexes, and triplexes. TheMF-2 district allows a gross density of approximately 13.85 dwelling units peracre. This site could theoretically accommodate 23 units, but with developmentrequirements such as building setbacks, parking, and perimeter buffers a maximumof 15 to 20 units could be expected. The property is vacant, undeveloped, andis considered an infill site because development has already occurred around itin the 1970s and 1980s. This area along and near the intersection of Poole Driveand Aversboro Road operates as a neighborhood activity center. There is also a

mix of office and retail uses as well. The property is located in the townlimits and has access to public water and sewer. The rezoning site hasapproximately 218 feet of frontage on Poole Drive. Poole Drive is a 2-lanecollector street with a 60-foot right of way and is maintained by the Town ofGarner. Due to the small size of the property, the traffic impacts should beminimal. Developing the site into 20 dwelling units would generate approximately130 trips. Traffic will be further evaluated when a specific site developmentis submitted, but significant traffic impacts are not anticipated. Theproperty is not located within a flood plain. There is likely a 50-foot stateriparian buffer that will apply to this stream feature. If this is a designatedbuffer area development cannot encroach into it. This issue will be addressedin more detail during development plan review.

According to the Town of Garner Comprehensive Growth Plan, the rezoning site

is located within the boundary of a Neighborhood Center (N15). TheNeighborhood Center is designed to serve the daily needs of the surroundingresidential population. The requested zoning change from O&I to MF-2 isconsistent with the recommendations of the Comprehensive Growth Planfor thisarea of the community. While there are no immediate plans to develop thesite, the property owner wishes to move forward with the rezoning to changethe allowable uses to include multi-family.

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Mayor Williams closed the public hearing and the matter is referred to thePlanning Commission for the December 13, 2010 meeting.

Action: Refer to Planning Commission

UDO Text Amendment UDO-10-04 Regarding Procedures for Reasonable

Accommodation


The purpose of this hearing is to receive public input on a proposed

amendment to the Unified Development Ordinance (UDO). The amendment proposeschanges to Section 3.17 regarding Special Exceptions.

Mr. Bass reported there has been discussion with the Town Council regardingthe need for the Town to amend the Unified Development Ordinance (UDO) toestablish procedures for individuals seeking a reasonable accommodation fromthe Town that is consistent with Federal Fair Housing Act. The Federal FairHousing Act makes it unlawful for anyone ... to discriminate against anyperson in the terms, conditions or privileges of sale or rental of adwelling, or in the provision of services or facilities in connection withsuch dwelling, because of a handicap... and defines discrimination asincluding ...a refusal to make reasonable accommodations in rules, policies,practices or services, when such accommodations may be necessary to afford

such person equal opportunities to use and enjoy a dwelling. The scope ofthe law extends to landlords, rental agents brokers and local governments.

The proposed text amendment 1) Creates a new section entitled 3.17 SpecialExceptions; and, 2) Authorizes the Board of Adjustment to review requests forspecial accommodation and grant a special exception from UDO requirementsprimarily as it relates to disabled or handicapped homes; and 3) Requires aformal application to be filed which follows the same procedures that areused for variances (quasi-judicial public hearing, notice to adjacentproperty owners, sign posted on property, legal advertisement of thehearing); and 4) Establishes the following approval criteria that Board ofAdjustment must use in order to grant a special exception:

(a) "Reasonable. An accommodation will be determined to be reasonable if it

would not undermine the legitimate purposes and effects of existing zoningregulations and the benefits that the accommodation would provide to thehandicapped, and if it will not impose significant financial andadministrative burdens upon the Town and/or constitute a substantial orfundamental alteration of the Town's ordinance provisions); and

(b) "Necessary." An accommodation will be determined to be necessary if itwould provide direct or meaningful therapeutic amelioration of the affects ofthe particular disability or handicap), and would afford handicapped or

disabled persons equal opportunity to enjoy and use housing inresidential districts in the Town.

Adoption of this ordinance amendment will require training of the Board ofAdjustment.

Mayor Williams closed the public hearing and the matter is referred to thePlanning Commission for the December 13, 2010 meeting.

Action: Refer to Planning Commission

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Ordinance to Adopt Annexation Petition, ANX-10-08 Rachel Blalock Property at

5001 Old Stage Road


Rachel Blalock has petitioned to annex property located at 5001 Old Stage Roadresulting from a request to connect to public water. The legal requirementsto proceed with this annexation have been met. If adopted, the Ordinanceauthorizes the annexation to become effective December 31, 2010.

There is no site development plan associated with the property. The property

owner has requested connection to public water due to concerns regardingground water contamination north of their property (Dry Cleaners). Severalneighboring property owners in the area have also recently annexed includingSydney Collins, Judy Collins, and Herman Collins.

Mayor opened hearing. Hearing no public comment, Mayor Williams closed thehearing and called for a motion.


Motion: MarshburnSecond: JohnsVote: Unanimous

NCDOT Municipal Agreement regarding Don Miller Drive Sidewalk Project


CAMPO notified member jurisdictions that the Non-Competitive STP-DA (STP-DA)funds individual communities had been banking over the last several yearsneeded to be obligated this year. Garner has accumulated $78,000 that can beused for a bicycle, pedestrian or transit project. The Town request forfunding the Don Miller Drive Sidewalk Project was approved by CAMPO. A 20%local match is required ($19,500) along with a Municipal Agreement with NCDOTto be in place by December 31, 2010. Funding for the grant match has notbeen appropriated therefore a budget amendment will be required if Councilauthorizes the execution of the agreement.

Mr. Bass said there is a short section of this project that will requirestreet light installation and will be done as a separate project.

Action: Authorize Execution of Agreement; Approve Ordinance No. (2010)3604 Amending the Operating Budget

Motion: JohnsSecond: BehringerVote: Unanimous

Town of Garner Fiscal Policy Guidelines

Presenter: Lin Jones, Finance Director

During their preparation of the Towns debt capacity study, Davenport &Company stressed the importance of adopting fiscal policy guidelines. Theseguidelines will influence and guide the financial management practice of theTown. Adhering to these policies is recognized as the cornerstone of soundfinancial management. During our conversations with the bond rating agenciesthey also stressed the need for adopting fiscal guidelines and inquired aboutthe Towns policy and if it had been adopted by the governing body.

The adoption of these policies will: 1) Contribute significantly to theTown's ability to insulate itself from fiscal crisis, 2) Enhance short termand long term financial credit ability by helping to achieve the highestcredit and bond ratings possible, 3) Promote long-term financial stability by

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establishing clear and consistent guidelines, 4) Direct attention to thetotal financial picture of the Town rather than single issue areas, 5)Promote the view of linking long-run financial planning with day to dayoperations and 6) Provide the Town Council, citizens and the Townsprofessional management a framework for measuring the fiscal impact ofgovernment services against established fiscal parameters and guidelines.

The Town is currently in compliance with the recommended guidelines; however,staff recommends the Council adopt of the attached document.

Mr. Watkins added that this will be a guideline for him and the Finance Directorin taking day to day actions. It is always helpful to have a course of actionrather than guess what we are supposed to be doing.

Council Member Johns asked how our credit rating status compared to othertowns our size. Mr. Jones said the Town has a AA rating by Standard and Poorand Aa2 rating by Moodys and ranks well with municipalities our size. Weare one of the higher of the small towns in Wake County and are good orbetter than most of those. Council Members Johns said as long he has been onthe Council we have always had a good rating.

Council Member Kennedy referred to item #2 on page 62 which reads the townwill target an available fund balance at the close of each fiscal year of

least 30 percent of the general fund operating budget, so that means we keep30 percent of a number and asked what that number would be considered. Mr.Jones said in governmental accounting, the general fund is the operating fundof the entity which means the entire budget is for operations. Government isdifferent in the fact that we have a Capital Project Fund which is notincluded in the general fund amount. Council Member Kennedy noted in thatcase for 2010 2011, we would need to keep 30 percent of $22 million in thegeneral fund. Mr. Jones explained the use of reserved balances which may berestricted. He further explained the policy proposes that fund balance beused for onetime expenses and not used to balance the budget. Examples ofusable expenditures would be capital equipment or pay as you go projects.

Council Member Kennedy asked if a worthy project came forward, would adoptionof this policy restrict the Councils decision to move forward. Mr. Jones

said we would look at other means first, i.e., grants, issuing debt, but thepolicy would not restrict the Councils ability to consider suchexpenditures.

Council Member Singleton suggested that the Council consider discussing ofCapital Projects at the Planning Retreat in February and apply this policy tosee how those projects would be affected.

Council Member Marshburn said that we have been operating philosophicallywith these practices; he asked if it will limit our ability to spend moneythe way we want.

Council Member Kennedy said he does not oppose the policy, but just wants to

understand it. He said in general it is a good policy, but he did not likesome of the ramifications; he said he is not anxious to adopt it tonight, butwill listen to reasons why we need to do adopt it tonight.

Council Member Marshburn said comments were heard at the Work Session. Hesaid this is a reasonable policy and unless there are reservations, he didnot see an advantage in waiting to consider the policy.

Action: Adopt Fiscal Policy Guidelines

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Motion: MarshburnSecond: BehringerVote: 4-1

Mayor Pro Tem Behringer said we have been operating by these guidelines; wecan amend the policy if we need adjustments.

Council Member Singleton said at this time there is no need to have a policyin place and he would like to see how projects would fit within this policy.

Council member Kennedy said he will vote in favor of this policy however, ifa project comes forward we can step up and do what needs to be done. Hecalled the question.

Vote: Council Members Kennedy, Behringer, Johns and Marshburn Yes. CouncilMember Singleton No.

Surplus Town Owned Property Located at the corner of Jones Sausage Road and

Rock Quarry Road, Deed Book 0294 Page 0775

Presenter: William Anderson

The City of Raleigh is requesting the Town to sell an easement across a tractwhich the Town owns for the road widening of Rock Quarry Road. This is a 5-

Acre tract located at the intersection of Jones Sausage Road and Rock QuarryRoad on the Northwest quadrant of that intersection. Much of it is describedas swampland. The reason why the Town owns this tract is that the Townpurchased it in 1981 as part of the future pipeline location when the 201Wastewater treatment plant was in the planning stages. It was thought thatthe sewage would be pumped to Raleigh from that plant, before the spray fieldirrigation system was designed. The estimated easement value is approx.$8,400. However, the roadway widening and sidewalk project is an assessableproject, and continued ownership of the land could cost the Townapproximately $31,721.00 in the future. Raleighs utilities staff ispresently considering authority to offer to purchase the parcel for $10,000.Since Garner does not need to continue to own swampland in Raleigh which maybe assessed for over $31,000 in improvements one day, it is recommended bythe Town Manager, with concurrence of staff and Town Attorney, that the Town

sell the parcel to Raleigh for $10,000, which is what the Town paid for it.

Action: Surplus Tract of Land and Authorize Sale of Property to the Cityof Raleigh for the amount of $10,000

MANAGER REPORTS

1. Star Tracker2. Building Permit Activity3. Personnel Report4. Enforcement Report5. Sign Enforcement Report6. Internet Connection will be provided at Pearl Street from

February 1 to April 15 for AARP to provide income tax service.The cost will be approximately $500 for that period of time.

COUNCIL REPORTS

Council Member Kennedy

He suggested the Council consider an amendment to the Town Codethat will prohibit grass clippings/yard waste into storm drain.Mr. Anderson said we have an ordinance regarding what isprohibited in the storm drains; yard waste can be added. Staffwill bring back material for Council review sometime in February

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or March. Council Member Kennedy said he felt we need toprovide some education prior to the grass cutting season in thespring.

He said the Garner Magnet High School Band gave a wonderfulconcert at the Veterans Day Celebration held at Aversboro RoadBaptist Church. Mr. Kennedy said he doesnt feel the Garnercitizens realize how well they perform and asked for anysuggestions on how to promote them at some venue.

Arnold Aiken, Garners first Town Manager has turned 87 yearsold. He would like to prepare a proclamation to recognize himfor his service. A couple of important things happened duringhis term as Manager. He said he is willing to help with theproclamation.

Council Member Singleton

He requested to add an item to the Law and Finance Committeemeeting in January regarding bins where people may donateclothes. He suggested regulating or permitting them so theydont just pop up anywhere.

He said the Voices of Broadway was a good program, and theperformer is extremely talented. He said he felt it was a goodstart on programming at the auditorium.

He reported the portion of the auditorium/apartments buildingthat used to be the library on the side of the cannery has somerotting wood.

He and the Mayor had a discussion with Renee Elmers regardingthe red route. Ms. Elmers suggested we contract her office andshe will do what she can to help.

Mayor Pro Tem Behringer

She noted item 2010-065 in Star Tracker and reported tall grass,trash in the yard and a leaning tree. Mr. Buie said they triedworking with the applicant regarding the roof, but may end upwith enforcement action.

She asked if we can get the property owner to pick up the trashat 316 W. Garner Road; there are two trash cans that need to beemptied.

There are some street lights out on W. Garner Road from CreechRoad to Avery Street and at the corner of Penny Street.

Council Member Marshburn

He asked how soon the red route can be taken out ofcommission. Mr. Watkins explained that the next meeting of theEnvironmental Committee will be held the third week of January;they anticipate removal of the horizontal red route. Federaland state environmental agencies will have 30 days to comment.

It could likely be February before it will be eliminatedcompletely. Staff is helping them to look for alternateroutes.

Referring to the Auditorium focus groups, he suggested weconsider the idea of a cultural arts committee. He said hefelt there was a good cross section of people that worked onthis survey.

He asked if the Council is interested in giving anyconsideration to a no smoking ban in public parks. If Councilis interested, we can refer this to the Parks and RecreationAdvisory Committee. Council Member Singleton said if we

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prohibit smoking in parks we should be consistent and prohibitit on all Town owned property. If the Council is interested,we can refer to Parks and Recreation Advisory Committee.Council Member Marshburn said he did not have a problem withprohibiting smoking in parks only. Mr. Watkins said he willstudy this matter and bring a report back to the Council inearly spring.

Council Member Johns

He asked about the zoning of the property on the corner ofUmstead and Benson Road. Mr. Bass said he will research thisand report back to Mr. Johns.

He said last year and the year before, the Town gave employees aChristmas gift and asked if we are doing anything this year. Hesaid he felt we should support the employees and show ourappreciation. Some Council members felt this was a good ideafor all the right reasons, but it should be done during thebudget process. Council Member Johns made a motion to giveemployees a $250 holiday bonus as in the previous years. Themotioned died for lack of a second.

Mayor Williams

He reported the Concerned Citizens Alliance is now a new groupcalled Concerned Citizens United. This is a neighborhood watchgroup in the New Rand Road area.

CLOSED SESSION PURSUANT TO NCGS 143-318.11 (a) (3) to discuss with Counselmatters in litigation, specifically Edge of Auburn et al v. Town of Garner etal, Wake County case # 07-CVS-20636 and Edge of Auburn et al v. City ofRaleigh, North Carolina Environmental Management Commission, Dept. of NaturalResources and State of NC, case # 10-CVS-1413.

CLOSED SESSION PURSUANT TO NCGS 143-318.11 (a) (4) to discuss mattersrelating to the location or expansion of industries or other businesses in

the area served by the public body.

CLOSED SESSION PURSUANT TO NCGS 143-318.11 (a) (5) Real Estate Acquisition.

The Council returned to Regular Session.

New Business

Holiday Bonuses for Town Employees

Council Member Marshburn requested the Council revisit Mr. Johns suggestionof giving staff a holiday bonus. He suggested the amount of $100.00.

Motion: MarshburnSecond: Behringer

Council Member Singleton suggested the Council consider $125 so anemployee would net $100.00. Council Member Marshburn accepted the amendedmotion.

Motion: MarshburnSecond: BehringerVote: Unanimous

Action: Town Employees to Receive a $125.00 Bonus

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ADJOURNMENT: 10:40 PM

Respectfully Submitted,

Judy Bass

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TOWN OF GARNER

MEMORANDUMTo: Hardin Watkins

Town Manager

From: Lin JonesFinance Director

Date: December 28, 2010

Subject: Budget Amendments

The following budget amendments are required.

General Fund

1.Provide funding for employee Christmas bonuses ($23,532) approved byCouncil. Funding will be provided by recognition of additionalrevenue from tax on rental of heavy equipment ($17,000) andreduction of expenses budgeted for debt issuance cost ($6,532).

2. Provide funding for purchase of land ($200,000) on Garner Road . Fundinwill be from appropriated fund balance. Use of fund balance for capitexpenditures is allowed in the Fiscal Policy Guidelines.

3. Provide funding for purchase of land associated with retention pondat Timber Crossings Shopping Center ($6,000). Funding will be bytransfer from Regional Retention Capital Reserves.

CURRENT AMENDED NET CHANGEGENERAL FUND

REVENUES

10301500 Heavy Equipment400395 Rental Tax $ 0 $ 17,000 $ +17,000

10309000 Tsf from Regional472074 Retention Cap Res 45,000 51,000 +6,000

10309000 Appropriated496900 Fund Balance 35,500 235,500 +200,000

EXPENDITURES

104110-104120 Legislative $1,033,062 1,232,530 +199,468

104210-104240 Executive 1,433,470 1,434,459 +989

104410-104430 Finance 812,070 813,104 +1,034

104500 Economic Development 370,296 370,729 +433

Agenda Item G-2

Page 1 of 7

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104610-104630 Planning 640,844 641,581 +737

104700 Inspections 744,734 746,027 +1,293

104810 Engineering 504,188 504,775 +587

104910 Information Tech 966,031 966,767 +736

105110-

105140 Police 6,675,427 6,685,696 +10,269

105600-105650 Public Works 5,474,908 5,480,697 +5,789

105710-105744 Parks & Recreation 1,694,968 1,696,633 +1,665

Line items for this amendment are as follows:

Legislative

10411000 526500 Bond Issuance Expense - 6,532

10411000 537100 Land Acquisition + 206,000

Executive

10421000 510200 Salaries + 250

10421000 510220 Salaries - Temporary + 95

10421000 510500 FICA + 19

10421000 510700 Retirement + 29

10422000 510200 Salaries + 250

10422000 510500 FICA + 19

10422000 510700 Retirement + 29

10423000 510200 Salaries + 250

10423000 510500 FICA + 19

10423000 510700 Retirement + 29

Finance

10441000 510200 Salaries + 625

10441000 510500 FICA + 40

10441000 510700 Retirement + 71

10443000 510200 Salaries + 250

10443000 510500 FICA + 19

10443000 510700 Retirement + 29

EconomicDevelopment10450000 510200 Salaries + 375

10450000 510500 FICA + 29

10450000 510700 Retirement + 29

Planning

10461000 510200 Salaries + 125

10461000 510500 FICA + 1010461000 510700 Retirement + 14

10462000 510200 Salaries + 375

10462000 510500 FICA + 21

10462000 510700 Retirement + 43

10463000 510200 Salaries + 125

10463000 510500 FICA + 10

10463000 510700 Retirement + 14

Inspections

10470000 510200 Salaries + 1,000


Agenda Item G-2

Page 2 of 7

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10470000 510500 FICA + 84

10470000 510700 Retirement + 114

Engineering

10481000 510200 Salaries + 500

10481000 510500 FICA + 30

10481000 510700 Retirement + 57

Information Technologies

10491000 510200 Salaries + 625

10491000 510500 FICA + 4010491000 510700 Retirement + 71

Police

10511000 510200 Salaries + 2,000

10511000 510500 FICA + 153

10511000 510700 Retirement + 228

10513000 510200 Salaries + 1,250

10513000 510500 FICA + 96

10513000 510700 Retirement + 143

10514000 510200 Salaries + 5,375

10514000 510500 FICA + 411

10514000 510700 Retirement + 613

PublicWorks10560000 510200 Salaries + 625

10560000 510500 FICA + 48

10560000 510700 Retirement + 71

10561000 510200 Salaries + 625

10561000 510500 FICA + 48

10561000 510700 Retirement + 57

10561500 510200 Salaries + 1,000

10561500 510500 FICA + 76

10561500 510700 Retirement + 114

10562500 510200 Salaries + 1,625

10562500 510500 FICA + 124

10562500 510700 Retirement + 186

10564000 510200 Salaries + 500

10564000 510500 FICA + 38

10564000 510700 Retirement + 57

10565000 510200 Salaries + 500

10565000 510500 FICA + 38

10565000 510700 Retirement + 57

Parks & Recreation

10571000 510200 Salaries + 250

10571000 510500 FICA + 19

10571000 510700 Retirement + 29

10572000 510200 Salaries + 125


10572000 510500 FICA + 17

10572000 510700 Retirement + 20

10574000 510200 Salaries + 720


10574000 510500 FICA + 62

10574000 510700 Retirement + 84

10574200 510200 Salaries + 125

10574200 510500 FICA + 10

10574200 510700 Retirement + 14

Agenda Item G-2

Page 3 of 7

Page 16


18/57

ORDINANCE NO. (2011) 3606ORDINANCE AMENDING ORDINANCE NO. (201) 3586

WHICH ESTABLISHED THE 2010 - 2011 OPERATING BUDGET

BE IT ORDAINED by the Town Council of the Town of Garner, North Carolina:

Section One. That the GENERAL FUND be amended as follows:


REVENUES

10301500 Heavy Equipment400395 Rental Tax $ 0 $ 17,000 $ +17,000

10309000 Tsf from Regional472074 Retention Cap Res 45,000 51,000 +6,000

10309000 Appropriated496900 Fund Balance 35,500 235,500 +200,000

EXPENDITURES

104110-104120 Legislative $1,033,062 1,232,530 +199,468

104210-104240 Executive 1,433,470 1,434,459 +989

104410-104430 Finance 812,070 813,104 +1,034

104500 Economic Development 370,296 370,729 +433

104610-104630 Planning 640,844 641,581 +737

104700 Inspections 744,734 746,027 +1,293

104810 Engineering 504,188 504,775 +587

104910 Information Tech 966,031 966,767 +736

105110-105140 Police 6,675,427 6,685,696 +10,269

105600-105650 Public Works 5,474,908 5,480,697 +5,789


Section Two. Copies of this ordinance shall be furnished to the

Agenda Item G-2

Page 4 of 7

Page 17


19/57


20/57

10470000 510200 Salaries + 1,000


10470000 510500 FICA + 84

10470000 510700 Retirement + 114

Engineering

10481000 510200 Salaries + 500

10481000 510500 FICA + 3010481000 510700 Retirement + 57

Information Technologies

10491000 510200 Salaries + 625

10491000 510500 FICA + 40

10491000 510700 Retirement + 71

Police

10511000 510200 Salaries + 2,000

10511000 510500 FICA + 153

10511000 510700 Retirement + 228

10513000 510200 Salaries + 1,250

10513000 510500 FICA + 96

10513000 510700 Retirement + 14310514000 510200 Salaries + 5,375

10514000 510500 FICA + 411

10514000 510700 Retirement + 613

PublicWorks10560000 510200 Salaries + 625

10560000 510500 FICA + 48

10560000 510700 Retirement + 71

10561000 510200 Salaries + 625

10561000 510500 FICA + 48

10561000 510700 Retirement + 57

10561500 510200 Salaries + 1,00010561500 510500 FICA + 76

10561500 510700 Retirement + 114

10562500 510200 Salaries + 1,625

10562500 510500 FICA + 124

10562500 510700 Retirement + 186

10564000 510200 Salaries + 500

10564000 510500 FICA + 38

10564000 510700 Retirement + 57

10565000 510200 Salaries + 500

10565000 510500 FICA + 38

10565000 510700 Retirement + 57

Parks & Recreation10571000 510200 Salaries + 250

10571000 510500 FICA + 19

10571000 510700 Retirement + 29

10572000 510200 Salaries + 125


10572000 510500 FICA + 17

10572000 510700 Retirement + 20

10574000 510200 Salaries + 720

Agenda Item G-2

Page 6 of 7

Page 19


21/57


10574000 510500 FICA + 62

10574000 510700 Retirement + 84

10574200 510200 Salaries + 125

10574200 510500 FICA + 10

10574200 510700 Retirement + 14

Agenda Item G-2

Page 7 of 7

Page 20


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ORDINANCE NO. (2011) 3607ORDINANCE AMENDING ORDINANCE NO. (2010) 3586

WHICH ESTABLISHED THE 2010 - 2011 OPERATING BUDGET

BE IT ORDAINED by the Town Council of the Town of Garner, North Carolina:

Section One. That the GENERAL FUND be amended as follows:

CURRENT AMENDED NET CHANGEREVENUES

10309000- Appropriated Fund496900 Balance $235,500 $699,084 +463,584

EXPENDITURES

104110-104120 Legislative 1,232,530 1,238,280 +5,750

104210-104240 Administration 1,434,459 1,441,159 +6,700

104410-104430 Finance 813,104 815,624 +2,520

104500 Economic Dev 370,729 385,730 +15,001

104610-104630 Planning 641,581 734,375 +92,794

104810 Engineering 504,775 628,637 +123,862

104910 Computer Services 966,767 1,012,689 +45,922

105110-105140 Police 6,685,696 6,696,503 +10,807

105600-105650 Public Works 5,480,697 5,617,824 +137,127


105800 Debt Service 1,213,990 1,216,488 +2,498

Section Two. Copies of this ordinance shall be furnished to theFinance Director and the Town Clerk for their direction in the disbursementof the Town's funds and for public inspection.

Duly adopted this 3rd

day of December, 2010.

_______________________________Mayor Ronnie S. Williams

ATTEST: _______________________Town Clerk

Agenda Item G3

Page 1 of 6

Page 21


23/57


Legislative

10411000 524330 Contract Services + 5,750

Executive

10423000 525630 Wellness Program + 6,700Finance

10441000 537400 Equipment + 2,520

Economic Development

10450000 521000 Professional Services + 700

10450000 521200 Printing + 6,500

10450000 521455 Development Assistance + 6,000

10450000 523540 Promotional Supplies + 1,801

Planning

10461000 521000 Professional Services + 67,652

10461000 521200 Printing + 3,400


10462000 521200 Printing + 4,200

Engineering


10481000 523580 Stormwater Education Program + 3,112


Information Tech


10491000 521150 Telephone + 1,823

10491000 521600 Equipment Maintenance & Repair + 3,171

10491000 523300 Departmental Supplies + 168

10491000 523535 PEG Channel Supplies + 18,500


10491000 537400 Equipment + 19,335

Police

10511000 521400 Travel + 1,250

10511000 537400 Equipment + 4,904

10514000 525300 Dues & Subscriptions + 341

10514000 537400 Equipment + 4,312Public Works

10561000 521300 Utilities + 13,300

10561000 523300 Departmental Supplies + 6,026


10561000 537220 Sidewalk Construction + 8,380


Agenda Item G3

Page 2 of 6

Page 22


24/57



Parks & Recreation


10571000 521200 Printing + 4,509

10571000 837400 Equipment + 10,628



10573000 524300 Contract Services + 935

10574000 521450 Travel - Senior Citizens + 1,915


Debt Service

10580000 526110 Principal Leases + 2,498

Agenda Item G3

Page 3 of 6

Page 23


25/57

TOWN OF GARNER

MEMORANDUMTo: Hardin Watkins

Town Manager

From: Lin JonesFinance Director


Subject: Budget Amendment

Budget funds for purchase orders which were issued but the items werenot received by fiscal year end June 30, 20 10. Funding will be

provided by appropriated fund balance.

Major items include:

Planning Preparation of design guidelines 32,764Planning Transportation consultant 21,245Planning Fiscal impact analysis 13,643Planning Building faade grant 12,042Engineering Water/Sewer capacity analysis 30,000Engineering Hwy 50 sanitary sewer 87,000Information Tech PEG channel expenses 18,500Information Tech Server virtualization 11,335Public Works TT&E street lighting 13,300

Public Works Main Street resurfacing 16,500Public Works HVAC renovations 40,000Public Works ADA modifications 22,000Parks & Rec NGMS landscaping and improvements 10,628


REVENUES

10309000- Appropriated Fund496900 Balance $235,500 $699,084 +463,584

EXPENDITURES

104110-104120 Legislative 1,232,530 1,238,280 +5,750

104210-104240 Administration 1,434,459 1,441,159 +6,700

104410-104430 Finance 813,104 815,624 +2,520

Agenda Item G3

Page 4 of 6

Page 24


26/57

104500 Economic Dev 370,729 385,730 +15,001

104610-104630 Planning 641,581 734,375 +92,794

104810 Engineering 504,775 628,637 +123,862

104910 Computer Services 966,767 1,012,689 +45,922

105110-105140 Police 6,685,696 6,696,503 +10,807

105600-105650 Public Works 5,480,697 5,617,824 +137,127


105800 Debt Service 1,213,990 1,216,488 +2,498


Legislative


Executive

10423000 525630 Wellness Program + 6,700

Finance

10441000 537400 Equipment + 2,520

Economic Development


10450000 521200 Printing + 6,500

10450000 521455 Development Assistance + 6,000

10450000 523540 Promotional Supplies + 1,801

Planning


10461000 521200 Printing + 3,400


10462000 521200 Printing + 4,200

Engineering


10481000 523580 Stormwater Educaton Program + 3,112


Information Tech


10491000 521150 Telephone + 1,823

10491000 521600 Equipment Maintenance & Repair + 3,171


10491000 523535 PEG Channel Supplies + 18,500

Agenda Item G3

Page 5 of 6

Page 25


27/57


10491000 537400 Equipment + 19,335

Police

10511000 521400 Travel + 1,250

10511000 537400 Equipment + 4,904

10514000 525300 Dues & Subscriptions + 341

10514000 537400 Equipment + 4,312

Public Works

10561000 521300 Utilities + 13,300

10561000 523300 Departmental Supplies + 6,026






Parks & Recreation


10571000 521200 Printing + 4,509

10571000 837400 Equipment + 10,628



10573000 524300 Contract Services + 935

10574000 521450 Travel - Senior Citizens + 1,915


Debt Service

10580000 526110 Principal Leases + 2,498

Agenda Item G3

Page 6 of 6

Page 26


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TOWN OF GARNERCONDITIONAL USE REZONING & SITE PLAN

Town Council MeetingJanuary 3, 2011

APPLICATIONS: CUD-Z-10-02 (Rezoning)

CUP-SP-10-04 (Site Plan)

APPLICANT: Jim Walker

OWNER: Timber Crossing Office Building, LLC

LOCATION:125 Timber Drive

EXISTING USE: Office (multi-tenant space)

WAKE COUNTY PIN #: 1710649747

AREA:

TOWN LIMITS:

0.66 acres

Yes

PRESENT ZONING: Service Business C4 (Conditional Use Zoning)

REQUESTED ZONING: Service Business C160 (Conditional Use Zoning)

APPLICABLE OVERLAYS: Timber Drive Overlay

KEY MEETING DATES:

Planning Commission: December 13, 2010

Town Council Public Hearing & Action January 3, 2011

Agenda Item H-1

Page 1 of 16

Page 27


29/57

REZONING REPORT

GENERAL DESCRIPTION:

Existing Zoning Classifications

The 0.66-acre site is zoned Service Business Conditional Use District 4 (SB C4).The SB zoning district has been established to accommodate commercial activities thatare more intense in nature than those permitted in the Neighborhood Commercial (NC)or Community Retail (CR) districts. The SB general use district allows a wide-range ofuses, and it also allows uses with outdoor operations and outdoor storage. However,

this is a conditional use district where the applicant had placed use restrictions on theproperty when this was rezoned in 1997. This rezoning was done at the time of theLand Use Ordinance(LUO), and the allowable uses are listed by the codes of the LUOpermissible use table.

The following is a list of permitted uses under the SB C4 District.

1. LUO Use # 2.110 Sales and retail indoor operations with higher ratio of parking need tobuilding square footage

2. LUO Use # 2.200 Sales and retail with outdoor operations and storage (outdoor storageand display of goods is limited to garden shop and vending machines only)

3. LUO Use #3.100 Office, clerical, and research services conducted within an enclosedbuilding

4. LUO Use #4.110 Service, repair of goods sold or rented on premises (restricted to repairof small appliances, small electronics, jewelry, small household goods, and small officeequipment)

5. LUO Use #5.120 Business or vocational school6. LUO Use #5.130 Colleges, universities, or community college7. LUO Use #5.300 Libraries, museums, and art galleries and centers8. LUO Use #6.110 Indoor athletic facilities including racquet ball, tennis, exercise9. LUO Use #6.120 Theaters, pool halls, bowling (restricted to movie theaters only)10. LUO Use #8.100 Restaurants without drive-in service11. LUO Use #8.200 Restaurants with drive-in service (restricted to restaurants with both

drive-in and interior seating capacity)12. LUO Use #8.300 Bars and night clubs (adult entertainment businesses are prohibited as

well as private clubs serving alcohol without a restaurant)13. LUO Use #9.200 Automobile service stations14. LUO Use #9.410 Automotive repair or body shops excluding storage of junked vehicles

15. LUO Use #12.110 Veterinarian with no outside facilities for keeping animals16. LUO Use #12.120 Veterinarian with outdoor facilities for keeping animals (outside storageor boarding of animals not allowed)

17. LUO Use #15.100 Post Office18. LUO Use #15.400 Military Reserve, National Guard Centers (restricted to armed services

recruitment centers)19. LUO Use #16.000 Dry cleaners, Laundromat (restricted to dry cleaners only)20. LUO Use #17.100 Towers and antennas over and under 35 feet tall21. LUO Use #21.000 Daycare centers22. LUO Use #22.000 Temporary structures associated with the construction of a permanent

building

Agenda Item H-1

Page 2 of 16

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23. LUO Use #26.000 Combination uses planned (except that LUO Use # 9.300 gas salesoperations and LUO Use # 2.300 convenience stores shall be an allowed use only onoutparcel 4 of the shopping center)

Proposed Zoning Classifications

The proposed zoning district is Service Business Conditional Use District 160 (SB

C160). The applicant is requesting that church and religious institutions be anallowable use on the property. All other conditions of the original SB C4 would remain inplace. Churches and religious institutions are permitted in the SB general use districtbut were excluded by the 1997 SB C4 zoning (CUD Z 96-8).

The following is a list of permitted uses under the proposed SB C160 District. Theonly addition is #24, churches and religious institutions.

1. LUO Use # 2.110 Sales and retail indoor operations with higher ratio of parking need tobuilding square footage

2. LUO Use # 2.200 Sales and retail with outdoor operations and storage (outdoor storageand display of goods is limited to garden shop and vending machines only)3. LUO Use #3.100 Office, clerical, and research services conducted within an enclosed

building4. LUO Use #4.110 Service, repair of goods sold or rented on premises (restricted to repair

of small appliances, small electronics, jewelry, small household goods, and small officeequipment)

5. LUO Use #5.120 Business or vocational school6. LUO Use #5.130 Colleges, universities, or community college7. LUO Use #5.300 Libraries, museums, and art galleries and centers8. LUO Use #6.110 Indoor athletic facilities including racquet ball, tennis, exercise9. LUO Use #6.120 Theaters, pool halls, bowling (restricted to movie theaters only)10. LUO Use #8.100 Restaurants without drive-in service11. LUO Use #8.200 Restaurants with drive-in service (restricted to restaurants with both

drive-in and interior seating capacity)

12. LUO Use #8.300 Bars and night clubs (adult entertainment businesses are prohibited aswell as private clubs serving alcohol without a restaurant)

13. LUO Use #9.200 Automobile service stations14. LUO Use #9.410 Automotive repair or body shops excluding storage of junked vehicles15. LUO Use #12.110 Veterinarian with no outside facilities for keeping animals16. LUO Use #12.120 Veterinarian with outdoor facilities for keeping animals (outside storage

or boarding of animals not allowed)17. LUO Use #15.100 Post Office18. LUO Use #15.400 Military Reserve, National Guard Centers (restricted to armed services

recruitment centers)19. LUO Use #16.000 Dry cleaners, Laundromat (restricted to dry cleaners only)20. LUO Use #17.100 Towers and antennas over and under 35 feet tall21. LUO Use #21.000 Daycare centers22. LUO Use #22.000 Temporary structures associated with the construction of a permanent

building

23. LUO Use #26.000 Combination uses planned (except that LUO Use # 9.300 gas salesoperations and LUO Use # 2.300 convenience stores shall be an allowed use only onoutparcel 4 of the shopping center)

New Use to be added

24. Churches and religious Institutions

Agenda Item H-1

Page 3 of 16

Page 29


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32/57

Zoning History

Planning Department records show these rezoning cases in this area.

Case Applicant Location Zoning Change

Z 78-3 Munn & Fowler New Rand Road R-20 to CB (denied)

Z 78-6 Munn & Fowler New Rand Road R-20 to CB

Z 86-24 Centermark Inc Timber Crossings R-20 to SB C4

Z 87-17 Hardees Timber / NC 50 R-20 to CB

Z 95-07 Eddie Caudle Timber / NC 50 R-20 to O&I

CUD Z 93-07 The Eastern Group North portion of StateEmployees Credit Unionsite

R-20 to O&I C47

CUD Z 96-8 Timber Crossings Inc Timber Crossings SB C4 to SB C4 (modification)

CUD Z 00-04 Southstar Property State Employees CreditUnion site

O&I to CB (Withdrawn)

CUD Z 01-11 Jonathan Adams NC 50next to CreditUnion Site

R-20 to O&I C113

CUD-Z-08-01 Bobby Fowler, Carl T.Williams

East of NC50 R-20, NC, CR to CR C152 andO&I C152

* Note: CB was Community Business under the previous version of the Land Use Ordinance. All CB districts

were re-named to CR (Community Retail) in the Unified Development Ordinance, effective October 1, 2003.

INFRASTRUCTURE

Water & Sewer

The property has access to utilities and is currently connected to Town water andsewer.

TRANSPORTATION

The rezoning site has approximately 136 feet of frontage on Timber Drive. Timber Drive(SR 2812) is a NCDOT maintained road. In the vicinity of Timber Crossings ShoppingCenter, Timber Drive has 5 travel lanes with a center turning lane; it also has a right-of-way width of 107 feet. Timber Drive is classified as a Major Thoroughfare on theGarner Transportation Plan. The plan does not forecast any road widening forTimber Drive in this vicinity. However, the plan does recommend sidewalks on TimberDrive from NC 50 west to US 70. The Annual Average Daily Traffic (AADT) counts forTimber Drive are estimated to be around 13,000 trips per day according to the 2009NCDOT Traffic Count Survey.

Agenda Item H-1

Page 5 of 16

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The rezoning site is part of Timber Crossings Shopping Center which has frontage onBenson Road (NC50). NC 50 is a Major Thoroughfare on the Garner TransportationPlanand is maintained by NCDOT. NC 50 in this area varies from 2 to 5 lanes with aright-of-way width of 100 feet. Annual Average Daily Traffic Counts (AADTs) are11,000 and 17,000 trips per day north and south of Timber Drive respectively,

according to the 2009 NCDOT Traffic Count Survey.

Staff does expect any significant traffic impacts as a result of this zoning change. Thesite already contains a 5,400 square foot building and no new additional buildingexpansion or footprint is proposed as part of the companion site plan (CUP SP 10-04).

ENVIRONMENT

The rezoning site is not within the 100 or 500-year flood plain areas as delineated bythe FEMA Flood Insurance Rate Maps.

STAFF COMMENTARY

Conformity to Adopted Town Plans

According to the Town of Garner Comprehensive Growth Plan, the rezoning site islocated within a Community CoreArea (C1) designated at the intersection of TimberDrive and NC 50. The Community Core Area is designed to accommodate community-scale retail services needed less frequently than on a daily basis. It is generally

characterized as being suitable to act as a hub for a large service area of thecommunity and is typically developed at the intersection of major thoroughfares.

The recommended zoning districts for a Community Core area include: NC, O&I, NO,MXD, CR, MF 1, MF2, PUD, and SB-CUD (outdoor storage restricted).

The requested zoning change from SB C4 to SB C160 is consistent with theComprehensive Growth Plan. The applicant has restricted the range of uses allowedon this site by retaining the use restrictions from the original SB C4 district and onlyadding church/religious institutions to the allowable use list.

Agenda Item H-1

Page 6 of 16

Page 32


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Conditional Use Permit ReportCUP-SB-10-04

PROJECT DATA:

Acreage: 0.659

Building Size: Existing one story building 5,400 square feetin size.

4,536 s.f. for office use

864 s.f. for church use

Building Material and Color: The existing building is predominantly red-brown brick with a flat roof.

Landscaping:

Parking Spaces:

N/A

23 spaces required for office use27 spaces provided

22 spaces required for church use27 spaces provided

In order to meet the parking standards of theUDO the church can only operate during nonoffice hours

Floodplain: This site does not contain a FEMA designatedfloodplain.

Stormwater Management: N/A

Fire Protection: The plan, as proposed, meets fire coderequirements.

Agenda Item H-1

Page 7 of 16

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Water/ Sewer: The existing building is connected public

water and sewer.

Street Access/ Sidewalks: The site has access to Timber Drive via twodriveways serving the Timber CrossingShopping Center.

A sidewalk is located along the Timber Driveproperty frontage.

General Comments: None

Consistency with Adopted Town Plans and Policies:

2006 Comprehensive GrowthPlan:

The project is consistent with the ComprehensiveGrowth Plan.

2010 Garner TransportationPlan:

The project is consistent with the Transportation 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.

Agenda Item H-1

Page 8 of 16

Page 34


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RECOMMENDATION:

The Town Council will need to vote on the rezoning application prior to voting on theconditional use permit application.

Rezoning Action

The rezoning request is consistent with the recommendations of the 2006Comprehensive Growth Planfor this area of the community. Based on thesefindings, the Planning Commission and staff recommend approval of RezoningApplication CUD-Z-10-02 as submitted. The Council will need to use the attachedRezoning Motion Form as a guide when making a motion on the attachedOrdinance regarding this rezoning application.

Conditional Use Permit Action

The Planning Commission and staff has reviewed the plan and finds it to be completeand therefore recommends approval of Conditional Use Permit CUP-SP-10-04 with noconditions specific to the project.

Agenda Item H-1

Page 9 of 16

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Agenda Item H-1

Page 10 of 16

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ORDINANCE NO. (2011) 3608

AN ORDINANCE AMENDING THE TEXT OF THE GARNER LAND USE ORDINANCE TO

CREATE A NEW CONDITIONAL USE ZONING DISTRICT AND TO AMEND THE OFFICIAL

ZONING MAP TO APPLY THE NEW ZONING CLASSIFICATION

WHEREAS, The Town Council has received a petition requesting that

a new conditional use zoning district be established and that this new

district classification be applied to the applicant's property.

WHEREAS, the Town Council is authorized by the Town Charter to

establish conditional use zoning districts:

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF GARNER ORDAINS:

Section 1. That the Official Zoning Map of the Town of Garner

and Extraterritorial Jurisdiction be amended by changing the zoning

classification of the property described below from its present zoningto that requested by Jim Walker in Rezoning Application No. CUD-Z-10-

02.

Section 2. There is hereby created a new conditional use zoning

district, to be known as the Service Business Conditional Use District

160 (SB C-160). Within this district, all of the regulations that

apply to property within the Service Business Conditional Use District

160 (SB C-160) zoning district shall be applicable and that all other

uses are prohibited except those that are listed as permissible shall

require a conditional use permit:

The following is a list of permitted uses under the Service BusinessConditional Use District 160 (SB C160).

1. Sales and retail indoor operations with higher ratio of

parking need to building square footage

2. Sales and retail with outdoor operations and storage (outdoor

storage and display of goods is limited to garden shop and

vending machines only)

3. Office, clerical, and research services conducted within an

enclosed building

Agenda Item H-1

Page 11 of 16

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4. Service, repair of goods sold or rented on premises

(restricted to repair of small appliances, small electronics,

jewelry, small household goods, and small office equipment)

5. Business or vocational school

6. Colleges, universities, or community college

7. Libraries, museums, and art galleries and centers

8. Indoor athletic facilities including racquet ball, tennis,

exercise

9. Theaters, pool halls, bowling (restricted to movie theaters

only)

10. Restaurants without drive-in service

11. Restaurants with drive-in service (restricted to restaurants

with both drive-in and interior seating capacity)

12. Bars and night clubs (adult entertainment businesses are

prohibited as well as private clubs serving alcohol without a

restaurant)

13. Automobile service stations14. Automotive repair or body shops excluding storage of junked

vehicles

15. Veterinarian with no outside facilities for keeping animals

16. Veterinarian with outdoor facilities for keeping animals

(outside storage or boarding of animals not allowed)

17. Post Office

18. Military Reserve, National Guard Centers (restricted to armed

services recruitment centers)

19. Dry cleaners, Laundromat (restricted to dry cleaners only)

20. Towers and antennas over and under 35 feet tall

21. Daycare centers

22. Temporary structures associated with the construction of a

permanent building

23. Combination uses planned (except that gas sales operations and

convenience stores shall be an allowed use only on outparcel 4

of the shopping center)

24. Churches and religious Institutions

Section 3. The official Zoning Map of the Town of Garner is amended

by changing the zoning classification of the property identified below

and as shown on a map in application file:

Owner(s) Tract No. Existing Zoning New Zoning

Timber

Crossing

Office

Building,

LLC

1710649747Service Business

C4 (Conditional

Use Zoning)

Service

Business C160

(Conditional

Use Zoning)

Agenda Item H-1

Page 12 of 16

Page 38


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Section 4. The Planning Department shall change the Official Zoning Map

displayed for the public to reflect this change immediately following

adoption of this ordinance. In addition, a copy of this ordinance shall

be filed in the Planning Department.

Section 5. All provisions of any town ordinance in conflict withthis ordinance are repealed.

Section 6. That the Town Clerk shall cause a duly certified copy

of this ordinance to be recorded in the office of the Wake County

Register of Deeds.

Section 7. This ordinance shall become effective upon adoption.


day of January 2011.

________________________________

MAYOR

ATTEST:________________________

TOWN CLERK

I, Judy Bass, Town Clerk of the Town of Garner hereby certify that this

is a true copy of Ordinance No. (2011) 3608 adopted by the Town Council

of the Town of Garner in regular meeting assembled on and as recorded in

Minute Book No. 32 in the office of the Town Clerk, Garner Town Hall,

North Carolina.

In WITNESS WHEREOF, I have hereunto affixed my hand and the seal

of the Town of Garner, this 3rd day of January 2011.

_________________________________

TOWN CLERK

Agenda Item H-1

Page 13 of 16

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ZONING ACTION MOTION WORKSHEET

Application #: CUD-Z-10-02 SB C-4 to SB C-160Applicant: Jim Walker

MOTION TO APPROVE ZONING REQUEST

:

I move that the Council find that the zoning request CUD-Z-10-02

( x ) complies with the Towns Comprehensive Growth Plan (OR)

( ) does not comply with the comprehensive long range plan;

(AND) that the zoning request CUD-Z-10-02 is reasonable and in the public interest

because it will likely (use as many of the following as are appropriate):

( ) allow the development of an appropriate density of housing in the area inwhich it is located;

( ) allow appropriate types of business at the described location which willprovide opportunities for access to goods and/or services useful to thesurrounding area;

( ) allow appropriate types of business at the described location which willprovide employment opportunities for citizens;

( ) allow the types of businesses at the described location which will enhancethe Towns economic development,

( ) allow the types of businesses at the described location which will likelyenhance the Towns tax base,

( ) ________________________________________________________

( ) ________________________________________________________

(AND) I therefore move that the Council

( x ) accept the recommendation of the Planning Commission and adoptOrdinance No. 3608 approving zoning request number CUD-Z-10-02. (OR)

( ) adopt Ordinance No.__________ approving zoning request number Z ____

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MOTION TO DENY ZONING REQUEST:

I move that the Council

( ) not accept the recommendation of the Planning Commission and denyzoning request number CUD-Z-10-02; OR

( ) deny zoning request number Z-________;

(AND) reasons for denying the Application include that it is not reasonable and is not inthe public interest, because (use as many of the following as are appropriate):

( ) it does not comply with the comprehensive Growth Plan,

( ) would allow the development of an excessive density of housing for the

area in which it is located;

( ) it would likely lead to an unacceptable additional level of traffic in the areain which it is located;

( ) it would allow types of business at the described location which will not beappropriate for the area in which it is located,

( ) ________________________________________________________

( ) ________________________________________________________

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TOWN OF GARNER

CUP-SP-10-04

CONDITIONAL USE PERMIT

APPLICANT Timber Crossing Office Building, Inc.Attn: Jim Walker

125 Timber DriveGarner, NC 27529

LOCATION 125 Timber Drive

USE Office & Church Use

DATE ISSUED January 3, 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 APPLICATION

The application is granted, subject to the following conditions:

1) The applicant shall complete the development strictly in accordance withthe plans submitted to and approved by this Town Council, a copy of

which 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 PROJECT

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MEMORANDUM

TO: Hardin WatkinsTown Manager

FROM: Brad Bass, AICPDirector of Planning

DATE: December 29, 2010

SUBJECT: UDO Amendment Regarding Sign Regulations

Background

The Planning Staff briefed the Town Council at their October work session regardingcomplaints we had received regarding signs. The majority of the concerns involved off-

premise signs advising residential subdivisions and on-site signs advertising large constructionprojects. Council directed staff to develop possible amendments to the UDO sign regulationsfor further review and discussion. Staff provided Council with possible text amendmentoptions regarding these signs at the November work session. After reviewing this information,Council at its December 6th

meeting, set a public hearing for January 3, 2011 to formallyconsider amending the UDO temporary sign regulations.

Findings

The types of signs that are being reviewed for possible changes in the UDO sign regulationsare listed below.

- Construction Identification Sign

that names the project, developers,contractors, and others associated with the construction, sale, or lease of theproperty is allowed (temporary sign permit, limited to one-year, with arenewable option). Signs must be removed within ten days after the finalcertificate of occupancy has been issued. They are required to be on-premiseswith no more than one such sign per site, and it may not exceed 32 square feetin area or six feet in height. Such signs cannot be erected prior to Town planapproval of the project identified.

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- Off-Site Subdivision Signs

temporary sign permit. They cannot exceed 32 square feet in surface area, andcan only display the name of and direction to the development.

allowed on private property directing the publicto a subdivision or multifamily development with the property ownerspermission. These signs are limited to one year through the issuance of a

Summary of Text Amendment

Modifies temporary sign regulations regarding off-premise signs advising residentialsubdivisions and on-site signs advertising large construction projects

Allows these types of signs for up to 7 years (with permit renewals)

Requires a sign permit and provides an annual permit renewal option if sign is properlymaintained

Signs may be renewed beyond 7 year period if approved by the Planning Director

$100 Permit fee is proposed (requires separate Council action)

Attachment One highlights suggested changes to the UDO temporary sign regulationsregarding construction identification signs and off-premise subdivision signs. Theamendment clarifies renewal options available for each type of sign and sets limits onthe amount of time they may be posted. Attachment Two

is a table summarizing howother municipalities in Wake County regulate these signs.

After conducting the public hearing and receiving comments regarding this request, Councilwill need to close the hearing and refer the matter to the Planning Commission which meetson January 10, 2011.

Should you have questions, please advise.

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ATTACHMENT ONE

UDO Text Amendment Regarding Temporary Signs

I. Miscellaneous temporary and permanent signs. The following temporary and

permanent signs are permitted in addition to any allowed in above, and allrequire a sign permit.

1. Temporary signs.

a. Construction site identification signs, naming the project,developer, contractors and others connected with theconstruction, sale or lease of structures, and related information,are permitted. Not more than one such sign may be erected persite, and it may not exceed 32 square feet in area or six feet inheight. Permits for such signs shall be limited to one-year, with anannual sign permit renewable option for up to a maximum of

seven years, provided such signs are not erected prior to site,Special Use orConditional Useapproval of the project identified,that such permits have not expired and the signs aremaintained in good condition and appearance as determinedby the Planning Director. Any such sign shall be removed withinten days after the issuance of the final occupancy permit. Permitrenewals beyond the seven (7) year maximum time periodmay be granted only in limited instances at the discretion ofthe Planning Director if he or she finds conditions such asextreme financial hardships, changes in project ownershipstatus or similar issues are preventing the sale or completionof the project. Such signs shall be removed from the

property within ten (10) days after a site, Special Use orConditional Use permit approval has expired

b. Signs or banners advertising special events must be on privateproperty and shall not be permitted within public rights-of-way.Permits for such banners or signs shall be limited to 30 days andno more than three times each year. Any such banner or signshall be removed within ten days after the event was advertised.

c. Signs or banners advertising the initial opening of a businessestablishment may be permitted on private property. Not morethan one such sign or banner per site is permitted at any one time;such sign or banner shall not exceed 32 square feet in area and

shall meet all other requirements. Permits shall be limited to 30days from the date of issue.

d. Signs on private property directing the public to a subdivision ormultifamily development are permitted, provided that the propertyowner's written permission for such use of his land accompaniesthe permit request, that the sign does not exceed 32 square feet insurface area, and that the sign bears only the name of anddirection to the development. Permits for such signs are limited to

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one yearwith an annual site permit renewal option providedsuch signs are maintained in good condition and appearanceas determined by the Planning Director. Any such sign shallbe removed within ten days after the issuance of the finaloccupancy permit or after seven (7) years has passedwhichever occurs first. Renewals beyond the seven (7) year

maximum time period may be granted only in limitedinstances at the discretion of the Planning Director if he orshe finds conditions such as extreme financial hardships,changes in project ownership status or similar issues arepreventing the sale or completion of the project.

e. Signs providing direction to a U-pick farm operation or agriculturalmarket are permitted. Any such sign shall not exceed 32 squarefeet in area. Permits shall be limited to a maximum of 60 daysfrom the date of issue and require the written permission of theproperty owner or his agent for such use of his land.

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Construction Site Identification Signs

Municipality Size PermitRequired

Duration Removal

Holly Springs 6 sq ft Yes Construction 15 days end of

construction ordevelopment.

Fuquay-Varina

64 (all signs)32 (one sign)

Yes Based upon number oflots18 months first 506 months/addl. 50

Expiration of Permit

Morrisville 32 (residential)64 (all others)

Yes Construction Permit to Occupy

Apex 64 sq ft (non-residential)32 square feet(residential)

Yes 6 months may berenewed additional 6months

Issuance of C.O.(Commercial)100% Sold to builders orprivate owner (residential)

Raleigh 32 (non-

residential)15 (residential)

Yes Construction 15 days after a certificate

of compliance is issued.

Cary Same as groundsign

Yes Construction C.O. Issue Date or FirstC.O. for Subdivisions

Wake Forest 32 square feet Yes Undefined UndefinedKnightdale 4 (Residential)

32 (Others)No Construction 30 days after a C.O.

Garner 32 sq ft Yes 1 year with a renewableoption

10 days after the issuanceof final occupancy permit

Off-Premise Directional Subdivision Signs

Municipality Number Size Duration Notes

Holly Springs n/a n/a n/a Not PermittedFuquay Varina 5 6 square feet Weekends OnlyMorrisville Based on Lots 6 square feet Weekends Only Permits RequiredApex 1 4 square feet Until Lots SoldRaleigh n/a n/a n/a Not PermittedCary undefined undefined Weekends Only Open House SignsWake Forest undefined 2 square feet Allowed Property Owner's

Permission req'dKnightdale 3 4 square feet Removed 7 days

after Sale, Lease,or Rental

Garner 1 32 square feet One Year *

* Garner also allows small directional real estate signs on the weekend, but is the only municipalitysurveyed that allows for larger off-premise signs. The only thing permitted on the sign is the nameand direction of the development.

E:\PublicHearing_Sign_Memo_1-3-2011.doc

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ORDINANCE NO. (2011) 3609

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWNOF GARNER AND ITS EXTRATERRITORIAL JURISDICTION

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GARNER

Section 1. That the Official Zoning Map of the Town of Garner and

Extraterritorial Jurisdiction be amended by changing the zoning classification

of the property described below from its current zoning Office and Institutional

(O&I) to Multi-Family 2 (MF-2) general use district as requested by in Rezoning

Application No. Z 10-01.

Wake County PIN1710 37 4934

Section 2. That all ordinances or portions thereof in conflict with thisordinance are hereby repealed.

Section 3. That this ordinance shall become effective upon its adoption.

Section 4. That the Planning Department shall change the Official

Zoning Map displayed for the public to reflect this change immediately

following adoption.

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Section 5. That the Town Clerk shall cause a duly certified copy of this

ordinance to be recorded in the office of the Wake County Register of Deeds.


day of January, 2011.

____________________________

MAYOR

ATTEST:_______________________TOWN CLERK

I, Judy Bass, Town Clerk of the Town of Garner hereby certify that this is

a true copy of Ordinance No. (2011) 3609 adopted by the Town Council of the

Town of Garner in regular meeting assembled on January 3, 2011 and as

recorded on Minute Book No. 32 in the office of the Town Clerk, Garner Town

Hall, North Carolina.

In WITNESS WHEREOF, I have hereunto affixed my hand and the seal ofthe Town of Garner, this 3rd

day of January 2011.

____________________________________TOWN CLERK

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Agenda Item I-1

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REZONING ACTION MOTION WORKSHEET

Application #: General Use Rezoning Z-10-01 O&I to Multi-Family-2 (MF-2)Applicants: GFR Properties, LLC

MOTION TO APPROVE REZONING REQUEST

:

I move that the Council find the following regarding rezoning request Z-10-01

( x ) complies with the Towns Comprehensive Growth Plan (OR)

( ) does not comply with the Comprehensive Growth Plan;

(AND) that the zoning request Z-10-01 is reasonable and in the public interest because

it will likely (use as many of the following as are appropriate):

( ) allow the development of an appropriate density of housing in the area in which itis located;

( ) allow appropriate types of business at the described location which will provideopportunities for access to goods and/or services useful to the surrounding area;

( ) allow appropriate types of business at the described location which will provideemployment opportunities for citizens;

( ) allow the types of businesses at the described location which will enhance the

Towns economic development,

( ) allow the types of businesses at the described location which will likely enhancethe Towns tax base,

( ) ________________________________________________________

( ) ________________________________________________________

(AND) I therefore move that the Town Council

( x ) accept the recommendation of the Planning Commission and adopt OrdinanceNo. _________ approving rezoning request number Z-10-01,

(OR)

( ) adopt Ordinance No.__________ approving rezoning request number Z ____

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MOTION TO DENY REZONING REQUEST:

I move that the Town Council

( ) deny rezoning request number Z-10-01; OR

( ) deny rezoning request number CUD-Z-________;

(AND) reasons for denying the Application include that it is not reasonable and is not inthe public interest, because (use as many of the following as are appropriate):

( ) it does not comply with the comprehensive long range plan,

( ) would allow the development of an excessive density of housing for the area inwhich it is located;

( ) it would likely lead to an unacceptable additional level of traffic in the area inwhich it is located;

( ) it would allow types of business at the described location which will not beappropriate for the area in which it is located,

( ) ________________________________________________________

( ) ________________________________________________________

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TOWN OF GARNER

MEMORANDUM

To: Hardin Watkins

Town Manager

From: Lin Jones

Finance Director


Subject: Amended Contract to Audit Accounts

The attached amended Contract to Audit Accounts with Cherry, Bekaert & Holland L.L.P

requires Council approval. The Local Government Commission requires that the original

contract contain an audit submission date of October 31. Since the audit was not submitted by

October 31 an amended contract is required.

The only change contained in the amended contract is to change the audit submission date

from October 31, 2010 to December 31, 2010. All other provisions of the contract are the sa

Documents

Garner Town Council Agenda Jan. 3, 2011