ACTION AGENDA

Cary Town Council
Thursday, September 12, 2002
6:30 PM
Town Hall, Building A, Auditorium
316 N. Academy St., Cary, N.C.
Web Site: http://www.townofcary.org

Council meetings are broadcast live the night of the meeting at 6:30 p.m. and are rebroadcast the Friday following the meeting at 7:30 a.m., the Saturday following the meeting at 7:30 p.m., and the Sunday following the meeting at 3 p.m.

 

Agenda Topics

Action

A. COMMENCEMENT

  

1. Invocation

 Provided

2. Approval of the minutes of the regular Town Council meeting held August 22, 2002, and approval of the minutes of the land development ordinance work session held August 27, 2002.

 Approved

B. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Tree City USA recognition.

 Recognized

2. Presentation on "The Great Commuter Challenge".

 Presented
C. PUBLIC HEARINGS  

1. 02-REZ-13 / 02-LPA-09 (Bishop’s Gate Planned Unit Development): Application by Evangelical Covenant Church for multiple property owners to rezone property from Residential-10 Conditional Use District and Residential-40 District to Residential Multi-Family-10 Planned Unit Development. The property contains 111.45 acres and is located south of McArthur Park, south and west of Giverny subdivision and east of Davis Drive. (Public hearing was continued from the August 22, 2002 Council meeting.)

 Referred to 10/21/02 Planning and Zoning Board meeting

2. 02-REZ-14: Application by Thaddeus H. and June L. Busbice, property owners, to rezone property from Residential-30 District to Residential-10 Conditional Use District. The property contains 8.75 acres and is located west of Kildaire Farm Road, north of Windermere subdivision and south of Mill Pond Village. (Public hearing was continued from the August 22, 2002 Council meeting.)

 Referred to 10/21/02 Planning and Zoning Board meeting

3. This public hearing is a quasi-judicial public hearing. All parties wishing to speak for or against 03-VAR-02 must be administered an oath by the town clerk:

Variance 03-VAR-02: Request by the applicant, Mr. Thomas Booth, for approval of a variance for Salem Castle, located at 910 East Chatham Street, from the 100 foot riparian buffer requirement of the Town’s stormwater management plan for new development (Chapter 14, Part 6 of the Unified Development Ordinance).

 Approved with condition (see official minutes)

D. PUBLIC SPEAKS OUT (1 hour time limit)

 N/A

E. PLANNING AND ZONING BOARD REPORT

Consent Agenda

  

Consideration of an amendment to the Unified Development Ordinance pertaining to general development standards, temporary structures, temporary sales of agricultural and non-agricultural goods and special events.

  Approved

For Discussion

  

1. 02-SP-039: Salem Castle, site plan

  Approved

2. 02-REZ-04: Consideration of a request by Cary Church of God on behalf of the property owners to amend the conditions of the current Residential-8 Conditional Use zoning district. The property contains 20.91 acres and is located west of Trinity Road, east of Carriage Woods subdivision, and south of King Lawrence Road and Medfield Estates.

 Approved

3. Consideration of an amendment to the Unified Development Ordinance to remove the minimum lot size and modify the setbacks for higher density residential dwellings in the RM, R-MF-8 and R-MF-12 districts.

 Approved

4. Consideration of adoption of the N.W. Cary Area Plan.

 Approved

For Information Only

  

The following request has been withdrawn, and no Council action is required:

02-REZ-09: Application by Mitchell's Hair Styling, Inc., for CK Cary Commons, LLC, owner, to amend the conditions of the Business-2 Conditional Use District. The property contains two acres and is located in the existing Barnes and Noble Shopping Center just south of Walnut Street, east of SW Maynard Road and north of the Pirates Cove subdivision.

 FYI only; no action required

F. CONSENT AGENDA

  

1. Consideration of the second reading and adoption of the Order extending the Cable TV franchise agreement for one year.

 Approved

2. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings for the following annexation petitions:

a. 02-A-015, Charles Williamson, 2.47 acres

 Approved

b. 02-A-016, John & Margaret Sauerbier, 1.11 acres

 Approved

c. 02-A-017, Town of Cary, 122.18 acres

 Approved

d. 02-A-018, Bernard & Virginia McLeod, 292.94 acres

 Approved

e. 02-A-019, Wake County Board of Education, 63.24 acres

 Approved

3. Consideration of a request to table annexation 02-A-012, James & Peggy Maynard, Henry B. Franklin, et.al. 21.19 acres, indefinitely to allow it to run concurrently with the associated site plan.

 Approved

G. COMMITTEE REPORTS

Operations Committee (September 3, 2002)
Consent Agenda
1. Prohibited Parking on Presidents Walk Lane, Carpenter Town Lane, and Madison Grove Place (PD03-002)
Committee recommended prohibition of parking in designated places at all times on portions of Presidents Walk Lane, Carpenter Town Lane, and Madison Grove Place. 		Approved ordinance prohibiting parking on Presidents Walk Lane and Carpenter Town Lane; the ordinance prohibiting parking on Madison Grove Place was referred back to the Operations Committee for further review
2. Budget Adjustment Request (PR03-007)
Committee recommended a transfer of $2,838 from the General Fund-Fund Balance to PR1069 (Town Center Park). 		Approved
3. Greenhope Elementary School Budget Transfer (EN03-033)
Committee recommended transferring $26,000 to be transferred from the Thomas Brooks Park project to the Greenhope Elementary School project. 		Approved
4. FY02 Developer Agreement Update and Annual Reimbursements (EN03-021)
Committee recommended that the reimbursement amounts be approved and distributed from the Transportation Development Fee account in accordance with the Transportation Development Fee Ordinance and current developer agreements. 		Approved
For Discussion
Fiscal Year 2003 Sidewalk Priority List (EN03-030)
Committee recommended approval of 16 sidewalks, priorities #1-10 and #12-17, for the FY2003 Sidewalk Project. 		Approved #1-10 and #12-17
For Information
Commercial Water Conservation Measures (PWUT 03-005)
Progress on non-residential expansion of water conservation program		 For Information Only; no action required

H. OLD/NEW BUSINESS

  

1. Creation of the Mayor’s Task Force on School Reassignment.

 Appointments will be made at the 10/10/02 council meeting

2. Consideration of appointment to the Sister Cities Commission.

 Tabled until 9/26/02 

3. Consideration of a request to reconsider the August 22, 2002, Council decision to annex 02-A-013, TIC of Apex, LLC, 0.98 acre.

 Rescinded and nullified the annexation; tabled the annexation indefinitely

I. LEGAL AND ADMINISTRATIVE ISSUES

  

Closed session will be called if necessary.

  Called

J. ADJOURNMENT

 11:25 p.m.