Town Council Meeting Agenda
Cary Town Council
Thursday, May 23, 2013
6:30 p.m.
Council Chambers
316 N. Academy St., Cary, NC
A. COMMENCEMENT
1. Call to Order (Mayor Pro Tem Adcock)
2. Ceremonial Opening (Council Member Frantz)
3. Adoption of agenda (Town Council)
B. CONSENT AGENDA
CONSENT AGENDA items are non-controversial items unanimously recommended for approval by all involved parties. A single vote may be taken for the approval of
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 9, 2013 (Town Council) (Minutes will be available by 5 p.m. on Tuesday, May 21, 2013)
b. Consideration of approval of the May tax report (Mr. Ben Shivar)
c. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following owner-initiated annexation petitions:
(1) Annexation Petition 13-A-08
Property Owners: HAB Properties LLC, Cabernet 1 Realty LLC, Alston 55 LLC, Betty Lou Ferrell Trustee
Location: 11525 Green Level Church Road, Cary; 7505 Wake Road, Durham
Zoning: Residential 40 (R-40); Office/Research and Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Single-family Residential
Proposed Council Action: Council may take action
Speaker: Mr. Ricky Barker
(2) Annexation Petition 13-A-09
Property Owner: Winslow Properties Development Company
Location: 120 feet west of Dayton Ridge Drive and Moneta Lane intersection
Zoning: Wake County Residential 20 (R-20)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Open Space (Active Recreational Area)
Proposed Use: Open Space (Active Recreational Area)
Proposed Council Action: Council may take action
Speaker: Mr. Ricky Barker
(3) Annexation Petition 13-A-10
Property Owner: Winslow Properties Development Company
Location: 160 feet northwest of Moneta Lane and Serene Forest Drive intersection
Zoning: Wake County Residential 20 (R-20); Wake County Residential 30 (R-30) Contiguous to Primary Corporate Limits: Yes
Existing Use: Common Open Space (Greenway)
Proposed Use: Common Open Space (Greenway)
Proposed Council Action: Council may take action
Speaker: Mr. Ricky Barker
(4) Annexation Petition 13-A-11
Property Owner: Capital Area Preservation Inc.
Location: 1024 Waldo Rood Boulevard
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Single-family Residential
Proposed Council Action: Council may take action
Speaker: Mr. Ricky Barker
(5) Annexation Petition 13-A-12
Property Owner: MLC Automotive LLC
Location: 3680 Old Raleigh Road
Zoning: Office/Research & Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Automotive Sales/Service
Proposed Council Action: Council may take action
Speaker: Mr. Ricky Barker
d. Consideration of adoption of the following annexation ordinance:
Annexation Petition 13-A-03
Property Owner: Cary Glen LLC
Location: Carpenter Fire Station Road (800 feet south of Carpenter Fire Station Road and Cary Glen Boulevard intersection)
Zoning: Mixed Use (MXD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Attached Residential Dwelling Subdivision (Townhomes)
Proposed Council Action: Council may take action
Speaker: Mr. Ricky Barker
2. Land Development Consent Agenda (any land development consent agenda item pulled for discussion will be discussed at the end of the land development discussion portion of the agenda, which is item F on this agenda)
N/A
3. Planning and Development Committee, May 16, 2013 (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) (Council Member Frantz)
a. N. Harrison Avenue/NCRR Bridge Study (EN13-074)
Committee unanimously recommended:
(1) Authorizing the Town Manager to execute an Agreement between the Town of Cary, the City of Raleigh on behalf of CAMPO, NCDOT, Triangle Transit, and NCRR for the N. Harrison Avenue/NCRR Grade Separation Feasibility Study
(2) Authorizing staff to award a professional services contract with Kimley-Horn and Associates in the amount of $350,000 to prepare a feasibility study for a grade separation of N. Harrison Avenue over the NC Railroad Company corridor in Downtown Cary; this award represents a preliminary determination as to the qualifications of this consulting firm and no legally binding acceptance of this award occurs until the Town of Cary has negotiated the study scope and executed a written agreement
(3) Recognize $165,000 of revenue for project ST1214 (Rail and Community Cohesion Impact Study) and approve increasing the appropriation for contracted services within the project by $165,000 to account for the external agency financial participation in the project
C. RECOGNITIONS, REPORTS,
1. Presentation of Public Works Week Proclamation (Council Member Robinson)
2. Recognition of the Cary Teen Council for awards received at the 2013 North Carolina State Youth Conference (Council Member Bush)
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 the the public hearings, except that speakers are allowed five minutes.
1. Budget Public Hearing
Subject: Public hearing on the proposed Fiscal Year 2014 Budget
Speaker: Mr. Ben Shivar
Proposed Council Action: No action required; another public hearing will be conducted on June 13, 2013
2. Public hearing on the following owner-initiated annexation:
Annexation Petition 13-A-06
Property Owner: Ronald D. Harrod
Location: 6804 Brandon Drive
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Single-Family Residential
Proposed Council Action: Council may take action
Speaker: Ms. Debra Grannan
3. Arrington Woods
a. Rezoning 12-REZ-28
Location: 906 Kildaire Farm Road and 111 W. Cornwall Road
Current Zoning: Residential 12 (R-12) and Office & Institutional Conditional Use (OICU)
Proposed Zoning: Mixed Use (MXD), including Preliminary Development Plan for development of up to 72 age-restricted multi-family dwelling units
Planning & Zoning Board Recommendation: Voted 6-3 to recommend approval
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman
b. Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, Town Council will approve a statement of consistency and reasonableness for Rezoning 12-REZ-28
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman
4. Village Subdivisions and Townes
a. Rezoning 12-REZ-31
Location: 11525 Green Level Church Road, 7505 Wake Road, and unaddressed property located at the northwest corner of the Green Level Church Road and Kit Creek Road intersection
Current Zoning: Office /Research and Development (ORD) and Residential 40 (R-40)
Proposed Zoning: Mixed Use (MXD) with a Preliminary Development Plan for development of up to a combined total of 163 townhomes and single-family residential lots
Planning & Zoning Board Recommendation: Voted 8-1 to recommend approval
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman
b. Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, Town Council will approve a statement of consistency and reasonableness for Rezoning 12-REZ-31.
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman
5. Ellis Property at Pittard Sears Road
a. Annexation Petition 13-A-05
Property Owner: Coussit Pennie Ellis ETAL; Peggy Ellis Buckingham; and Scott Wheeler Ellis
Location: 2,660 feet east of O’Kelly Chapel Road and Yates Store Road intersection
Zoning: Residential 1 (R-1) (Chatham County)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Residential (subdivision)
Proposed Council Action: No action required; it will be on a future agenda for final action
Speaker: Ms. Debra Grannan
b. Rezoning 13-REZ-01
Location: Southwest corner of Pittard Sears Road and O’Kelly Chapel Road intersection
Current Zoning: Chatham County R1
Proposed Zoning: Transitional Residential Conditional Use (TR-CU)
Conditions offered by the applicant include limiting density to 2.9 du/ac and limiting use to single-family-detached age-restricted housing
Proposed Council Action: Refer to the Planning and Zoning Board
Speaker: Ms. Debra Grannan
Special rules apply to the quasi-judicial public hearing (Case reference Nos. 13-SU-001 and 13-SP-014, Triangle Math and Science Academy):
6. Special Use 13-SU-001 and Development Plan 13-SP-014 (Triangle Math and Science Academy)
All speakers must be administered an oath by the town clerk prior to speaking. There is a one-hour time limit for this hearing
Current Zoning: Office/Research and Development (ORD) within the Swift Creek Watershed Protection Overlay
Proposed Zoning: Convert existing 73,000-square-foot building to school use
Proposed Council Action: Council may take action
Speaker: Mr. Kevin Hales
F.
1. Jones Family Farm
a. Annexation Petition 12-A-18
Property Owner: Jones Family Farm LLC c/o Ryan David Jones; Ryan David Jones; Stephen R. Thomas
Location: 3321, 3325 Arthur Pierce Road, and other unaddressed properties (1,300 feet SE of Kildaire Farm Road and Arthur Pierce Road intersection)
Zoning: Wake County Residential 30 (R-30W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Single-family dwelling, agricultural, vacant
Proposed Use: Residential (subdivision)
Proposed Council Action: Council may take action
Speaker: Ms. Debra Grannan
b. Rezoning 12-REZ-24
Address: 3321 and 3325 Arthur Pierce Road
Current Zoning: Wake County Residential 30 (R-30W)
Proposed Zoning: Residential 8 Conditional Use (R-8-CU); proposed conditions include a density limit of 2.1 dwelling units per acre
Planning & Zoning Board Recommendation: Voted 8-1 to recommend approval
Proposed Council Action: Council may take action
Speaker: Ms. Debra Grannan
c. Comprehensive Plan Consistency
Subject: In accordance with N.C.G.S. 160A-383, Town Council will approve a statement of consistency and reasonableness for Rezoning 12-REZ-24
Proposed Council Action: Council may take action
Speaker: Ms. Debra Grannan
2. Herndon Burt Property
a. Annexation 12-A-15
Property Owner: Leon W. & Shirley W. Herndon; Kathleen Lassiter Burt
Location: Northwest corner of Turner Creek Road, NC 55 Highway, and Lewey Drive intersection
Zoning: Wake County Residential 40 (R-40W); Wake County Highway District (HD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Single-family attached residential (townhome development)
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman
b. Rezoning 12-REZ-20
Location: Northwest corner of Turner Creek Road, NC 55 Highway, and Lewey Drive intersection
Current Zoning (Wake County): Residential-40 Watershed District [R-40(W)], and Highway District (HD)
Proposed Zoning (Town of Cary): Residential Multi-Family Conditional Use (RMF-CU) with zoning conditions related to allowable land uses, and building and parking setbacks; and Watershed Protection Overlay District – Jordan Lake sub-area
Planning & Zoning Board Recommendation: Voted 6-3 to recommend denial
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman
c. Comprehensive Plan Consistency
Subject: In accordance with N.C.G.S. 160A-383, Town Council will approve a statement of consistency and reasonableness for Rezoning 12-REZ-20
Proposed Council Action: Council may take action
Speaker: Ms. Mary Beerman
G. COMMITTEE REPORTS (discussion items)
Planning and Development Committee, May 16, 2013 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Council Member Frantz)
1. LDO Changes (Round 26)
Committee unanimously recommended setting a public hearing date of June 27, 2013 for the proposed Round 26 LDO text amendments provided item 5.2.1 (d) is removed from the proposed changes.
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)
N/A
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 cablecast live on Time Warner Cable 11 and AT&T Uverse 99 and are streamed live on the Town's website, www.townofcary.org. Meetings are re-cablecast 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. Meetings are archived in the Cary TV section of www.townofcary.org as well as at www.youtube.com/TownofCarychannel.