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Cary
Town Council
Meeting Action Agenda
September
9, 2004
6:30
p.m.
Temporary
Council Chambers
Herb
Young Community Center
101
Wilkinson Avenue, Cary, N.C.
Web
Site: www.townofcary.org
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 approval of the minutes of the regular town
council meeting held on
August 26,
2004.
(Approved)
b.
Consideration of adoption of the Town of Cary's Hazard Mitigation Plan.
(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.
REZONING
04-REZ-07 / LAND USE PLAN AMENDMENT 04-LPA-04 (Weston Amendment-SBJ)
This request is to amend the conditions for the Weston Planned Development
District to allow for residential use. The current land use designation is
Office and Industrial, and the proposed land use designation is Low
Density Residential. The property contains approximately 39.91 acres. (Approved)
3.
Town Center Review Commission Consent Agenda (any
town center review commission consent agenda item pulled for discussion
will be discussed at the beginning of the town center review
commission’s discussion portion of the agenda)
N/A
4.
Operations Committee consent agenda,
September 1, 2004
(any committee consent agenda item
pulled for discussion will be discussed at the beginning of the committee
discussion portion of the agenda)
a.
FY04
Developer Agreement Update and Annual Reimbursements
(EN05-022)
Committee unanimously recommended approval of reimbursements by the Town
in accordance with the Transportation Development Fee Ordinance and
current developer agreements.
(Pulled from consent for discussion; see item H.1.)
b.
Early
Grading Permit Changes (EN05-030)
Committee unanimously recommended modifying Policy 66 – Issuing
Environmental Permits Prior To Official Plan Approval.
(Pulled from consent for discussion; see item H.1.)
c.
Street
Lighting (EN05-032)
Committee unanimously recommended approval of updates to the existing Town
of Cary Policy Statement 13, “Street Lighting”.
(Approved)
d.
Recognition
of Funding from Chas. H. Sells, Inc. (EN05-033)
Committee unanimously recommended approval of accepting $47,479.00 from
Chas. H. Sells, Inc. to transfer sewer construction work to the Town.
(Approved)
e.
Disposition
of Personal Property (EN05-034)
Committee unanimously recommended adoption of a resolution to dispose of
personal property by private negotiation and sale.
(Approved)
f.
Authority
to Issue Permits for Pump Stations
(EN05-035)
Committee unanimously recommended approval
of an amendment to Chapter 19, Section 25 and Section 26 of the Cary Code
of Ordinances, for obtaining delegated authority to issue permits for pump
stations.
(Approved)
g.
Traffic
Signal Preemption (FD05-001)
Committee unanimously recommended approval of an agreement with NCDOT to
expand Traffic Signal Preemption Opticom Priority Control System to 34 additional
intersections within the Town of Cary.
(Approved)
h.
Buffaloe
Tract Revegetation (PL05-005)
Committee unanimously recommended approval of establishing a capital
project from which to manage the re-vegetation of property adjacent to
Godbold
Park
(Buffaloe Tract).
(Approved)
i.
Selection
of Design Firm and Transfer of Funds for
Walnut Street Park (PR05-006)
Committee unanimously recommended approval of staff’s recommendation to
select a firm to master plan, design and administer construction for
Walnut
Street
Park
and establish the accounts for this project.
(Approved)
j.
Trinity
Road Widening and Extension Project (EN05-024)
Committee unanimously recommended approval of NCDOT-approved
recommendations of how to design/construct the
Trinity Road
widening and extension project between
Cary Towne Boulevard
and NC 54/Chapel Hill Road.
(Approved)
k.
C-Tran
Work Session Follow-up Items (PL05-005)
Committee unanimously recommended approval of additional information,
Mission
and Goals, and public participation program.
(Approved)
C.
RECOGNITIONS, REPORTS, AND PRESENTATIONS
N/A
D.
PUBLIC HEARINGS
1.
REZONING
04-REZ-13 (Old Apex Road)
This request is to combine 1517 and 1521 Old Apex Road, which are
currently zoned Office and Institutional, into one parcel and change the
zoning to Office, Research and Development Conditional Use. This request
consists of approximately 3.04 acres. (Referred
to 11/15/04 Planning & Zoning Board meeting)
2.
REZONING
04-REZ-14 / LAND USE PLAN AMENDMENT 04-LPA-10 (M&R Pet Doc, LLC)
This request is to rezone vacant property located 360 feet east of the
intersection of Cary Glen Boulevard and Carpenter Fire Station Road from
Residential-40 to Office and Institutional Conditional Use. The request
also proposes to change the land use designation from Mixed Use to Office
and Institutional. This request consists of approximately 1.32 acres. (Referred
to 11/15/04 Planning & Zoning Board meeting)
3.
REZONING
04-REZ-15 / LAND USE PLAN AMENDMENT 04-LPA-12 (Cary Park Planned
Development)
The request is to amend the maximum amount of non-residential and
residential development allowed within Tract TC-1 on the Cary Park Planned
Development Master Plan. The overall amount of commercial development
would be reduced from 210,000 square feet to 200,000 square feet. The
amount of Office development would be reduced from 170,000 square feet to
no more than five percent of the available commercial square footage. The
request would also allow no more than 300 multi-family units within tract
TC-1. The request also includes eliminating the minimum density allowed
for Tracts MR-5, MR-6 and MR-7. Altering the density range as proposed for
tracts MR-5, MR-6 and MR-7 requires an amendment to
Cary's Land Use Plan. This request consists of approximately 102.79 acres.
The
Cary
Park
planned development is located east of Green
Level to
Durham Road, north
and south of
Carpenter Fire Station Road
and northeast of
Yates Store Road. (Referred
to 11/15/04 Planning & Zoning Board meeting)
4.
REZONING
04-REZ-16 / LAND USE PLAN AMENDMENT 04‑LPA-11 (Weycroft Planned
Development)
This request is to rezone property from Residential-40 to Planned
Development District Major. The property is located on the west side of
Green Level to
Durham Road, approximately 1,560 feet south of its intersection with
O’Kelly Chapel Road, east
of the Amberly Planned Development District. The current land use plan
designation is Medium Density Residential and High Density Residential;
the requested land use plan designation is Low Density Residential. This
request consists of approximately 71.46 acres. (Referred
to 11/15/04 Planning & Zoning Board meeting)
5.
ANNEXATION PETITIONS
Public hearings and consideration of adoption of annexation ordinances
on the following petitions
(a)
04-A-17, SAS Institute and Reedy Creek
Investments LLC, 8.30 acres
(Approved)
(b)
04-A-18, Roger and Donna D'Jernes and David
and Karen Hushek, 2.00 acres
(Approved)
(c)
04-A-19, John E. Brown and Starcraft
Builders, Inc., 5.49 acres
(Approved)
(d)
04-A-20, BMF Partners LLC, 7.43 acres
(Approved)
E.
PUBLIC SPEAKS OUT (one hour time limit)
See
official minutes
F.
PLANNING AND ZONING BOARD REPORT (discussion items)
1.
LAND USE PLAN AMENDMENT 04-LPA-06 (Southeast
Area Plan)
This request is to amend Cary’s Comprehensive Plan, including the
area south of U.S. Highway 1/64 and north and east of Southeast Cary
Parkway, plus the Buck Jones Road corridor, Walnut Street south of
Donaldson Drive, and the area west of Campbell Road and east of and along
Holly Springs Road north of Windstream Way. The plan includes
recommendations for future land uses, roadways, parks, greenways, and
sidewalks. The property contains approximately 2,024 acres. (Approved the plan with Ravenstone and Royce being cul-de-sacs; for
Perrana, council voted to either remove the road or cul-de-sac it [to be
worked out by Colonial Baptist Church and the residents on Perrana in the
future if the church wishes to submit a site plan])
2.
REZONING
04-REZ-06 / LAND USE PLAN AMENDMENT 04-LPA-03 (Weston Amendment –
Highwoods)
This request is to amend the conditions for the Weston Planned
Development District to allow for residential use. The current land use
designation is Office and Institutional and Office, Research and
Development, and the proposed land use designation is Residential. This
property contains approximately 70.10 acres. (Approved parcels 1 and 3; approved parcel 2 with the stipulation that
the staff and applicant work together to study pedestrian access along
Norwell Blvd. prior to acceptance of the first site/subdivision plan.)
3.
ACTIVITY
CENTER CONCEPT PLAN PETITION 04-AC-003 (Triangle Aquatic Center)
This request is for approval of an Activity Center Concept Plan to
construct an indoor commercial recreation facility consisting of an
aquatic center of approximately 70,000 square feet, and conceptual
office/retail and residential areas. The
property is zoned Office and Institutional and Residential 40 and is
designated on the Land Use Plan as Office and Institutional. It is located
at the east end of Convention Drive, east of Cary Towne Center.
The property contains 21.61 acres. (Approved)
4.
SITE PLAN
04-SP-090 (BB&T at Mayfair Plaza)
This request is for approval of a site plan to replace the existing
one-story BB&T building containing 2,796 square feet with a new
two-story bank building containing 13,762 square feet. The site is located
at 924 Kildaire Farm Road
and contains 1.23 acres. (Approved with red brick and staff recommendations)
5.
SITE PLAN
04-SP-067 (Regency Park – Parcels A and C)
This request is for approval of a site plan for a 10-story office
building containing 281,100 square feet of floor area, and a parking
garage containing 958 spaces. The parcel is within the Regency Park
Planned Development District and contains 5.11 acres. (Approved
with staff recommendations)
6. ORDINANCE
AMENDMENT
Consideration
of repealing the schools adequate public facilities
ordinance. (Approved
to repeal)
G.
TOWN
CENTER
REVIEW COMMISSION (discussion
items)
N/A
H.
COMMITTEE REPORTS (discussion items)
1.
Operations Committee,
September 1, 2004
a.
North
Cary
Water Reclamation Facility Odor
Study Results (EN05-029)
Committee unanimously recommended forwarding this item to Council for
discussion at the
September 9, 2004
meeting. In addition, the committee
recommended that the consultant, CDM, present their findings and
recommendations at that time.
(Approved
staff recommendation to defer until the waste biosolids management plan is
complete; staff to report back to council in March)
b.
FY04
Developer Agreement Update and Annual Reimbursements
(EN05-022)
Committee unanimously recommended approval of reimbursements by the Town
in accordance with the Transportation Development Fee Ordinance and
current developer agreements.
(Approved)
c.
Early
Grading Permit Changes (EN05-030)
Committee unanimously recommended modifying Policy 66 – Issuing
Environmental Permits Prior To Official Plan Approval.
(Approved)
I.
OLD/NEW BUSINESS
1.
Transportation
Development Fee Ordinance Changes
(EN05-028)
The Planning and Development Committee recommended that this item be
forwarded for discussion at the
August 26, 2004
Council meeting. (This item was tabled at the
August 26, 2004
council meeting.) (Approved to have
a public hearing; staff to set the date of the hearing)
J.
LEGAL AND ADMINISTRATIVE ISSUES
Called
K.
ADJOURNMENT
10:56 p.m.
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