Town Hall

ACTION AGENDA

Cary Town Council

Thursday, August 14, 2003

6:30 PM

Town Hall, Building A, Auditorium

316 N. Academy St. , Cary , N.C.

Agenda Topics	Action
A. COMMENCEMENT
1. Call to Order	Provided
2. Ceremonial Opening	Provided
B. CONSENT AGENDA
1. Regular Consent Agenda (any regular consent agenda item pulled for discussion will be discussed at the beginning of the old/new business portion of the agenda)
a. Consideration of adoption of a resolution directing staff to investigate the sufficiency of annexation 03-A-03, Jesse and Renee Spell, 1.96 acres	Approved
b. Consideration of approval of the tax report that was adopted by the Wake County commissioners on July 7, 2003 .	Approved
c. Approval of the minutes of the regular Town Council meeting held July 10, 2003 .	Approved
2. Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda)
a. 03-SP-039, Cary/Winn Tower, site plan	Approved
b. 03-SP-019, Townes of Madison, site plan	Approved
c. 03-SP-065, Westbrook Building , site plan	Approved
3. Operations Committee consent agenda, August 5, 2003 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)
a. Consent Agenda
(1) Reimbursement Contract – Amberly PUD (EN04-009) Committee recommended approval of a request to enter into a reimbursement contract with Amberly PUD for offsite sanitary sewer lines	Approved
(2) Kildaire Farm Road Bridge Replacement – NCDOT Municipal Agreement Revision (EN04-004) Committee recommended approval of an NCDOT Municipal Agreement Revision	Approved
(3) Condemnation Proceedings for CDBG Sidewalk Project (EN04-003) Committee recommended approval of a request to initiate condemnation proceedings to secure necessary easements for the CBDG Sidewalk Project on N. Academy Street	Approved
(4) Project Close-Outs Budget Adjustments (AD04-003) Committee recommended approval of staff’s recommendation regarding estimated funds reverting to Capital Reserve Fund Balance and consideration of miscellaneous project budget adjustments	Approved
(5) Castalia Drive Traffic Calming (EN04-005) Committee recommended approval of a request to implement traffic calming devices on Castalia Drive	Approved
(6) NC55 Speed Limit Ordinance Change (PD04-001) Committee recommended approval of a concurring ordinance for NC 55 to reduce speed limit from 55 mph to 50 mph	Approved
(7) Transfer funds for new capital project – South Cary Water Reclamation Facility Clarifier Repair and Upgrade (PWUT04-03) Committee recommended approval of transferring surplus funds from an existing capital project in order to create a new capital improvement project for SCWRF Clarifier Repair and Upgrades	Approved
(8) North Carolina Civic Education Consortium Grants-in-aid Application (PR04-04) Committee recommended approval of council review and endorsement for the submittal of a grant application for a Teen Forum	Approved
(9) Cary Signal System – Revised NCDOT Municipal Agreement (EN04-007) Committee recommended approval of the revised NCDOT Municipal Agreement	Approved
(10) Sister City delegations (TC04-01) Committee recommended approval of providing financial support totaling $1,200 to the Sister Cities Association to help offset expenses of summer delegation visits	Approved
(11) Payment of Parks and Recreation Fees for Affordable Housing Projects (PL04-06) Committee recommended approval of the recovery of recreation payment-in-lieu fees and waiver of fees for Summer Ridge Town homes and for three previous affordable housing projects	Approved
(12) Vision Element – Citizen Participation Approach (PL04-04) Committee recommended approval of innovative approach to be used to obtain public feedback on the Vision Element of the Comprehensive Plan	Approved by consensus; staff will also conduct two citizen open houses
b. For Information Only (no council action necessary)
Wireless 9-1-1 Project Update (PD04-002) Information regarding the status of the plans for implementation of Automatic Locator Identifier (ALI) technology in the Town’s Emergency Communications Center as regards cellular customers	FYI only
C. RECOGNITIONS, REPORTS, AND PRESENTATIONS
Report from the Sister Cities Commission on August delegation visits.	Presented
D. PUBLIC HEARINGS
1. 03-REZ-08 (6750 Tryon Road): Application by Harvest Davalland, LLC, to amend some of the conditions in the conditional use permit that was approved June 24, 1999 in the Office and Institutional Zoning District. Specifically, the proposal will allow for the limitation for building square footage to be increased from 35,000 square feet to 55,000 square feet, and for the setback to be reduced to 90 feet from 120 feet on the east boundary ( Frostwood Lane side). The property contains approximately 7.8 acres and is located at the intersection of Tryon Road and Frostwood Lane just to the south of Summerwinds Subdivision and to the east of the Thornwood Subdivision.	Referred to 10/20/03 Planning and Zoning Board
2. 03-REZ-10 (Carramore Planned Development District Major): Application by Withers & Ravenel, Inc., for multiple property owners to rezone properties from R-40 to Planned Development District (PDD) Major. The proposal will allow for 320 dwelling units, 30,000 square feet of Office and Institutional and 29.50 acres of open space. The property contains approximately 106.59 acres and is located between Davis Drive and Louis Stephens Drive, with Riggsbee Farms Subdivision located to the south, Preston Village to the north and Preston PDD Major on the east side of the proposal area.	Referred to 10/20/03 Planning and Zoning Board
3. Public hearing to consider extending the existing cable TV franchise agreement for one year.	Referred to August 28, 2003 Council meeting for second reading
4. Consideration of adoption of the following annexation petitions:
a. 03-A-01, Upchurch Family Limited Partnership; 28.61 acres	Approved
b. 03-A-02, Dennis & Sandra McKee, 0.71 acre	Approved
5. Major Special Use 03-MSU-006: The applicant, Jerry Turner & Associates, representing Wake Memorial Park, LLC, has requested approval of a major special use and site plan to create a cemetery. The site will be located north of Green Hope School Road and north of the intersection of Green Hope School Road and Sears Farm Road. The cemetery will contain a mausoleum, two columbaria and approximately 20,105 burial plots, all on 30 acres. According to Section 8.3.3 of the Cary Unified Development Ordinance, a cemetery use is a minor special use. Section 5.4.2(b) of the Unified Development Ordinance requires all minor special uses accompanied by a site plan to be processed as a major special use and approved by the Town Council. The property is zoned Residential-40, and is currently outside Cary's town limits. (See item F.1. on this agenda for the site plan.)	Approved without conditions
E. PUBLIC SPEAKS OUT (one hour time limit) The public is invited to speak on any topic not on this agenda. Comments should be limited to less than three minutes, and speakers should avoid repetition. All speakers should print their names on a form provided by the town clerk immediately after speaking.	N/A
F. PLANNING AND ZONING BOARD REPORT (discussion items)
1. 03-SP-058, West Wake Cemetery, site plan (NOTE: This site plan is associated with the major special use public hearing, agenda item D.5.)	Approved
2. 03-REZ-01 (Carrabba’s): Application by the John R. McAdams Company for S.N.R Management Corp., owner, to amend the rezoning conditions associated with a property zoned General Commercial-Conditional Use District (GC-CU). The request is to remove a zoning condition regarding a 75-foot building setback for this property. The property contains 2.5 acres and is located on the northeastern corner of the intersection of Kildaire Farm Road and Wrenn Drive north of the Blockbuster Video Store.	Approved
G. COMMITTEE REPORTS (discussion items)
Operations Committee, August 5, 2003
Aquatic Center: Proposal from Triangle Aquatic Center, Inc. (PR04-05) Committee directed to staff to 1) set up a meeting with State Capitol Sports Center (SCSC) and Triangle Aquatics Center (TAC) to discuss the feasibility of working together to determine the best course of action for the proposed aquatics center, and 2) contact the consultant who conducted the 2000 aquatic center feasibility study to determine an estimated cost and turnaround time on updating the study with current information and report to Council as soon as possible.	Approved
H. OLD/NEW BUSINESS
N/A
I. LEGAL AND ADMINISTRATIVE ISSUES
Closed session will be called if necessary.	Called
J. ADJOURNMENT	9:55 p.m.