Cary Town Council
Thursday, May 24, 2012
6:30 p.m.
Council Chambers
316 N. Academy St., Cary, NC

NOTE: Agenda item E.6., Special Use 12-SU-001 (Triangle School of Math and Science), has been withdrawn by the applicant. Therefore, the public hearing will not be conducted on May 24.

A.   COMMENCEMENT

 

1.    Call to Order (Mayor Weinbrecht)

 

2.    Ceremonial Opening (Mrs. Bush)

 

3.   Adoption of agenda (Town Council)

 

B.   CONSENT AGENDA

 

CONSENT AGENDA items are non-controversial items unanimously recommended for approval by all involved parties. The agenda has two distinct consent agenda: (1) the regular consent agenda; and (2) the committee consent agenda. A single vote may be taken for the approval of ALL consent agenda items.

 

1.   Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the end of the old/new business portion of the agenda, which is item H on this agenda)

 

a.   Consideration of approval of the minutes of the regular town council meeting held on May 10, 2012. (Town Council)

 

b.   Consideration of adoption of a certification of sufficiency and resolution calling for public hearing on the following annexation petition:

Annexation 12-A-07, Marsh Property
Property Owner(s): Gail Marie Marsh Heirs c/o Robert Marsh
Location: 10325 Green Level Church Road
Acreage: 4.79 plus  0.41 adjacent right of way = 5.20 total deeded acres
Zoning: Transitional Residential Conditional Use (TR-CU)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Single-family Residential
Proposed Use: Single-family Residential Subdivision
Associated Case: 12-SB-003
Speaker: Mr. Wayne Nicholas

 

c.   Consideration of adoption of the May tax report. (Mr. Ben Shivar)

 

2.   Planning and Development Committee, May 17, 2012 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mr. Frantz)

 

a.   Order to Demolish and Remove Dwelling – 111 South Dixon Avenue (IP12-001)
Committee unanimously recommended adopting an ordinance ordering the demolition and removal of dwelling located at 111 South Dixon Avenue pursuant to Chapter 8, Article V of the Town of Cary Code of Ordinances entitled “Minimum Housing Standards”. Committee further recommended, if the dwelling is not demolished and removed by the property owner within 45 days of issuance of the ordinance, the Town contract for demolition and removal with a lien to be placed against the real property upon which the costs are incurred.

 

b.   Pirate’s Cove Greenway Open Space Donation (PR12-28)
Committee unanimously recommended acceptance of a donation of 2.5 acres of land adjacent to Pirate’s Cove Greenway, subject to proof of clear title to the property.

 

c.   Four-Party Railroad Agreement – CSX, NCDOT, Parkside and Town of Cary (EN12-067)
Committee unanimously recommended supporting the revised Parkside Town Commons Project proposal under the current the terms and conditions. Committee further recommended entering into a Four-Party Railroad Agreement with the addition of an acknowledgement by the Developer that the agreement is not entered into under duress, a covenant not to sue the Town by the developer, and an indemnification of the town by the Developer, and granting staff authority to make consistent changes and resolve minor issues that do not affect the overall intent of the proposed agreement. In addition, committee recommended authorizing staff to make related accounting entries necessary to reflect the activities detailed in the proposal.

 

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

 

1.   Recognition of Michelle Price, Controller, for her recent award from the North Carolina Association of Certified Public Accountants as Outstanding Member in Government. (Ms. Karen Mills)

 

2.   Presentation of the State Treasurer's Award for Excellence in Accounting and Financial Management for the Cary TV 11 video " Collateral Trust:  Security of Sensitive Information”. (Ms. Karen Mills)
Watch the video!

 

3.   Town Manager’s operational update. (Mr. Ben Shivar)

 

D.   PUBLIC SPEAKS OUT (one hour time limit)

 

Anyone who wants to speak during Public Speaks Out should do the following:

• Take a seat in the reserved seats;
• Complete the contact information card located at the seat;
• When it is your turn to speak, proceed to the town clerk from the aisle behind the clerk, and give the clerk your completed contact information card and any handouts you have for the Town Council;
• Step to the podium next to the clerk; state your name clearly;
• Be concise; avoid repetition; limit comments to three minutes or less; designate a spokesperson for large groups;
• Direct comments to the full Town Council and not to an individual Town Council member;
• Speakers may return to their regular seats from any aisle.

 

E.   PUBLIC HEARINGS

 

The rules printed on the agenda for “Public Speaks Out” apply to public hearings E.1. through e.5., except that speakers are allowed five minutes.

 

1.    Budget Public Hearing
Subject: Public hearing on the proposed Fiscal Year 2013 Budget.
Proposed Council Action: No action required; another public hearing will be conducted on June 14, 2012
Speaker: Mr. Scott Fogleman

 

2.    Highcroft Village Planned Development District

 

a.   Rezoning 12-REZ-06
Location: South and west of Wackena Road
Current Zoning: Planned Development District (PDD) Major
Proposed Zoning: Planned Development District (PDD) Major Amendment
Request: To add approximately 34 acres to Tract 5 of the existing Highcroft Village and increase the number of dwelling units from 61 to 87. 
Proposed Council Action: Refer to Planning & Zoning Board
Speaker: Ms. Debra Grannan

 

b.   Comprehensive Plan Amendment 12-CPA-01
Location: 1640 Wackena Road
Current Land Use: Medium Density Residential (MDR), High Density Residential (HDR), and Mixed Use (MXD)
Proposed Land Use: Medium Density Residential (MDR)
Proposed Council Action: Refer to Planning & Zoning Board
Speaker: Ms. Anna Readling

 

3.    Proposed Site Design Standards Document and Related Community Appearance Manual Amendments
Subject: Public hearing on the Site Design Standards document updates, which will replace the Town-wide Design Guidelines Manual adopted in 2001; and (2) amendments to the Community Appearance Manual to increase the required percentage of masonry materials on attached residential developments within the Town Center zoning district. (NOTE: Associated Land Development Ordinance (LDO) amendments will occur as public hearing item E.4. on this agenda.)
Proposed Council Action: Refer to Planning & Zoning Board
Speaker: Ms. Meredith Chandler

 

4.    Land Development Ordinance (LDO) Amendments, Round 22A -- Site Design Standards
Subject: Specific chapters and sections proposed for amendment are listed below, and other related items, chapters and sections may also be considered for amendment.  Substantial changes to the amendments proposed may result from the hearing process. 
Proposed Council Action: Refer to Planning & Zoning Board
Speaker:  Meredith Chandler

 

LDO Section	Subject	Purpose of Amendment
7.2 7.7 7.8 7.10. Chapter 12	Site Design Standards	Amend landscaping standards; amend building design standards; amend off-street parking requirements; amend standards for on-site circulation; amend standards for pedestrian circulation; and other related amendments.

 

5.    Land Development Ordinance (LDO) Amendments, Round 22B -- Backyard Chickens
Subject: Specific chapters and sections proposed for amendment are listed below, and other related items, chapters and sections may also be considered for amendment.  Substantial changes to the amendments proposed may result from the hearing process. 
Proposed Council Action: Refer to Planning & Zoning Board
Speaker: Jeff Ulma

 

LDO Section	Subject	Purpose of Amendment
5.1 5.3.4 Chapter 12	Backyard Chickens	Add the keeping of chickens as a residential accessory use in certain zoning districts subject to specific standards. (Changes to Chapter 6 – Animals, of the Town’s Code of Ordinances, will be heard concurrently with this LDO Amendment).

 

NOTE: The next public hearing, Special Use 12-SU-001, has been withdrawn by the applicant. Therefore, this public hearing will not be conducted.

 

6.   Quasi-Judicial Hearing:
Special Use 12-SU-001(Triangle Schoolof Math and Science)
Location: 3700 Pleasant Grove Church Road
Current Zoning: Office/Research and Development (ORD)
Proposed Use:  Use an existing building in an Office/Research and Development zoning district for school use.
Proposed Council Action: Council may take action
Speaker: Mr. Kevin Hales

 

F.   LAND DEVELOPMENT DISCUSSION ITEMS

 

1.   Land Development Ordinance (LDO) Round 20 Amendments
 

a.    LDO Text Amendments
Subject: Consideration of adoption of Round 20 amendments to the LDO, which includes amending sections pertaining to retail parking standards, private transportation service, wellness centers, cabinet component of wall signs and Town Center Review Commission.
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman

 

b.   Statement of Consistency and Reasonableness
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning and Zoning Board contained in the case report, approval of these text amendments by the Cary Town Council will officially adopt the individual report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that these amendments are reasonable and in public interest.
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman

 

2.         Rezoning 11-REZ-13 (Keisler Property)

a.   Rezoning 11-REZ-13
Location: 1700 Kildaire Farm Road
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Office and Institutional Conditional Use (OI-CU)
Proposed Council Action: Council may take action
Speaker: Ms. Debra Grannan

 

b.   Statement of Reasonableness and Consistency
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Proposed Council Action: Council may take action
Speaker: Ms. Debra Grannan

 

G.   COMMITTEE REPORTS (discussion items)

 

Planning and Development Committee, May 17, 2012 (any item pulled from the committee consent agenda for discussion [agenda item B.2.] will be discussed during this portion of the agenda) (Mr. Frantz)

 

1.   Land Development Ordinance Text Amendments – Round 23
Committee unanimously recommended that staff draft language about screening and location of clothing drop-off stations that allows accessibility without being visible from major thoroughfares and that a public hearing date be set for June 28, 2012, for the proposed Land Development Ordinance text amendment items. Committee further recommended that full council consider the topic of temporary modular classrooms as the principal use of the property.

 

H.   OLD/NEW BUSINESS (any item pulled from the regular consent agenda for discussion [agenda item B.1.] will be discussed during this portion of the agenda)

 

1.   Report of Settled Legal Cases

 

a.   American Tower vs. Town of Cary
Subject: Report of the voluntary dismissal of American Tower v. Town of Cary.
Speaker: Ms. Chris Simpson

 

b.   Elrod vs. Cary Police Department and Anderson
Subject: Report of the voluntary dismissal of Elrod v. Cary Police Department and Anderson.
Speaker: Ms. Chris Simpson

 

2.   Consideration of adoption of a Bond Referendum Preliminary Findings Resolution. (Ms. Karen Mills)

 

3.   Technology Task Force
Subject: Consideration of staff recommendations pertaining to the council-initiated Technology Task Force.
Speaker: Mr. Mike Bajorek
Proposed Council Action: Council may take action.

 

I.    CLOSED SESSION

 

Closed session will be called if necessary.

 

J.    ADJOURNMENT 

The Town of Cary is committed to providing all citizens with the opportunity to participate fully in the public meeting process. Any person with a disability who needs an auxiliary aid or service in order to participate in this meeting may contact the Town Clerk at least 48 hours prior to the meeting. The e-mail address is sue.rowland@townofcary.org; the phone number is
(919) 469-4011; the TDD number is (919) 469-4012.

 

Council meetings are broadcast live on Cary TV 11 the night of the meeting and are rebroadcast the Friday following the meeting at 9:30 a.m., the Saturday following the meeting at 6:30 p.m., and the Sunday following the meeting at 2 p.m.