Cary Town Council Action Agenda

Thursday, February 28, 2008

6:30 p.m.

Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site:  www.townofcary.org

A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted)

B.   CONSENT AGENDA

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 February 14, 2008; the minutes of the comprehensive transportation work session held on February 12, 2008; and the minutes of the work session held on February 18, 2008 to discuss council procedures, ground rules, and communication. (Approved)

b.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexations:

(1)  ANNEXATION 07-A-01 (Approved)
Property owner: Town of Cary
Location: 3,740 feet southeast of intersection of Green Hope School Road and Green Level Church Road
Acreage: 59.00 total deeded acres
Zoning: Residential 40  
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Future park; open space; greenway; sewer
Associated Rezoning Case: N/A
Associated Development Plan: N/A
Speaker: Mr. Ricky Barker

(2)  ANNEXATION 07-A-04 (Approved)
Property owner: Town of Cary
Location: 108 Panoramic Court
Acreage: 0.99 total deeded acres
Zoning: Recreation/Resource (R/R)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Fieldstone Pump Station
Proposed use: Fieldstone Pump Station
Associated Rezoning Case: N/A
Associated Development Plan: N/A
Speaker: Mr. Ricky Barker

(3)  ANNEXATION 07-A-06 (Approved)
Property owner: Town of Cary
Location: 2620 Alston Avenue
Acreage: 44.85 plus 7.63 adjacent right of way = 52.48 total deeded acres
Zoning: Residential 40 (R-40)    
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Future park and open space
Associated Rezoning Case: N/A
Associated Development Plan: N/A
Speaker: Mr. Ricky Barker

(4)  ANNEXATION 07-A-07 (Approved)
Property owner: Town of Cary
Location: 440 feet west of intersection of Aviation Parkway and I-540
Acreage: 1.00 total deeded acres
Zoning: Office/Research and Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Future Pump Station
Associated Rezoning Case: N/A
Associated Development Plan: N/A
Speaker: Mr. Ricky Barker

(5)  ANNEXATION 07-A-12 (Approved)
Property owner: Town of Cary
Location: 2605 Alston Avenue 
Acreage: 0.71 total deeded acres
Zoning: Resource/Recreation (RR)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Kit Creek Pump Station
Proposed use: Kit Creek Pump Station
Associated Rezoning Case: N/A
Associated Development Plan: N/A
Speaker: Mr. Ricky Barker

(6)  ANNEXATION 07-A-26 (Approved)
Property owner: Hector Del Salto and Janeth Pearl
Location: 8324, 8328 Henderson Road
Acreage: 4.04 total acres
Zoning: Residential 30 Wake (R-30W)
Contiguous to Primary Corporate Limits: Yes
Proposed use: Single Family Residential
Associated Rezoning Case: 07-REZ-20 (Del Salto Property)
Speaker: Mr. Ricky Barker

(7)  ANNEXATION 07-A-32 (Approved)
Property owner: Multiple owners
Location: 1,210’ northeast of NC 55 Highway and Good Hope Church Road
Acreage: 64.85 total deeded acres
Zoning: Transitional Residential (TR); Residential Multi-Family (RMF)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant and wireless communication tower
Proposed use: Residential Subdivision and wireless communication tower
Associated Development Plan: Phillips Place Subdivision (07-SP-123)
Speaker: Mr. Ricky Barker 

c.   Consideration of calling for a public hearing to be conducted on March 27, 2008 on (1) changing impact fees, including a proposal to adjust impact fees to 75% of their maximum levels with future small annual increases and (2) the associated amendments to the Land Development Ordinance pertaining to the transportation development fee section. (Approved)

d.   Consideration of adoption of a revised condemnation resolution related to securing easements for the Summerwinds Water and Sewer Extension Project.(Approved)

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) 

a.   Consideration of a request to refer the following case back to the April 2008 Planning and Zoning Board for further consideration based on recent proposed changes: 

COMPREHENSIVE PLAN AMENDMENT 07-CPA-11, Swift Creek Shopping Center
Location: Southeast intersection of Holly Springs Road and Jones Franklin Road, immediately west of Swift Creek Shopping Center
Current Land Use: Mixed Use (MXD) and Medium Density Residential (MDR)
Proposed Land Use: Mixed Use (MXD) with Modification to Land Use Note #18
Acreage: 14.25 ±
PLANNING AND ZONING BOARD RECOMMENDATION: voted 5-1 to recommend denial
Speaker: Mr. Scott Ramage
Proposed council action: Refer back to the April 2008 planning and zoning board meeting (Approved to refer back to April 2008 P&Z meeting)

3.   Planning and Development Committee, February 21, 2008 (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. Erv Portman)

a.   Community Block Grant Annual Action Plan Public Hearing Schedule (PL08-022)
Committee unanimously recommended that the required public hearing for consideration of the FY 2009 Community Development Block Grant Annual Action Plan be scheduled for April 7, 2008. (Approved)

b.   Re-adoption of Existing Resolution of Consideration (PL08-023)
Committee unanimously recommended re-adoption of the existing resolution of consideration and associated map. (Approved)

c.   Donation of a Painting/Collage by Artist Susan Buret (PR08-21)
Committee unanimously recommended accepting the donation of painting/collage entitled “Honeycomb” from Australian artist Susan Buret and directing staff to find an appropriate place to display the painting. (Approved)

d.   Interlocal Agreement to Consolidate Building Permitting, Plan Review and Inspections Functions (IP08-004)
Committee unanimously recommended adoption of an interlocal agreement between Wake County the municipalities of Apex, Cary, Garner, Knightdale, Morrisville, Raleigh, Rolesville, Wake Forest, Wendell, and Zebulon and Wake County to consolidate Building Permitting, Building Plan Review and Building Inspections functions for all Wake County Public School System construction projects into the inspections department of a single local government entity, including any minor wording changes made at Cary’s request so long as they do not affect the substance of the agreement. (Approved)

e.   Consideration of Financial Contributions from the Town in Connection with Road Improvements for the Wake County Public School System (EN08-064A)
Committee unanimously recommended the appropriation of $1,350,000 in general obligation bond debt for the addition of one southbound lane on NC 55 for the E-30 Elementary School on Alston Avenue project.  Mr. Frantz stated that he reluctantly supported the recommendation, but did so as a matter of good faith to demonstrate the Town’s desire to have a cooperative working relationship with the Wake County Public School System.  Committee further recommended that staff continue considering the available options for assistance in obtaining the required right-of-way on Kit Creek Road along the frontage of the school property. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS 

1.   Presentation by the Teen Advisory Committee announcing the 2008 Cary Teen Forum. (Presented) 

2.   Recognition of visitors from Turkmenistan. (Recognized)

3.   Recognition of Wake Technical Community College culinary students traveling to Cary’s Sister City, Le Touquet, France, for an educational opportunity. (Recognized)

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS

1.   BUDGET PUBLIC HEARING
Description: The public is invited to share their priorities for the Town of Cary’s Fiscal Year 2009 Annual Budget, which will identify services and infrastructure projects to be undertaken by the Town from July 1, 2008 through June 30, 2009.
Speaker: Mrs. Stacey Teachey
Proposed council action: No council action is required; additional budget public hearings will be conducted at both council meetings in May 2008 (Conducted)

2.   Park at West Lake Development

a.   ANNEXATION 07-A-31
Property owner: L and L of Raleigh, Inc.
Location: Park at West Lake, 2,620 feet west of intersection of West Lake Road and Serene Forest Drive
Acreage: 6.92 plus 3.82 acres of right-of-way
Zoning: Residential-20 Conditional Use District Wake County (R-20 CUD W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Residential Subdivision
Associated Rezoning Case: 07-REZ-38 (Park at West Lake)
Associated Development Plan: Park at West Lake 
Speaker: Ms. Jennifer Currin
Proposed council action: No action required (No action taken; it will be on a future council agenda for final action)

b.   REZONING 07-REZ-38, Park at West Lake
Location: Southwest of the Serene Forest Drive and Dayton Ridge Drive intersection
Current zoning: Residential-20 Conditional Use District Wake County (R-20 CUD W)
Proposed Zoning: Residential-8 (R-8) and Transitional Residential (TR)
Acreage: 10.74 ±
Speaker: Ms. Jennifer Currin
Proposed council action: Refer to the March 17, 2008 planning and zoning board meeting (Referred to the 3/17/08 P&Z meeting)

3.   ANNEXATION 07-A-27
Property owner: Nordy Holdings, LLC
Location: 680 feet north of I-540, Aviation Parkway and Pleasant Grove Church Road
Acreage: 30.34 plus 58.94 acres of right-of-way
Zoning: Office, Research & Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Office building complex
Associated Development Plan: 07-SP-109 (Pleasant Grove Business Park)
Speaker: Mr. Jennifer Currin
Proposed council action: council may take action (Approved)

4.   ECONOMIC DEVELOPMENT
Subject: The Town of Cary proposes to appropriate and expend town funds for an economic development project pursuant to North Carolina General Statute 158-7.1. Specifically, the Town Council intends to consider entering into an economic development incentive contract with a specific company for expansion in Cary. Under the proposed contract, the Town would make a cash grant to this company in the amount of $500,000; pay consulting fees for the analysis of traffic impact; and, if intersection improvements are determined to be required as a result of the analysis, pay certain costs of intersection improvements. The Town believes this project will help stimulate the local economy, result in a substantial capital investment in real and personal property in the Town, and create a substantial number of new, permanent jobs in the Town.
Speaker: Mr. Bill Coleman
Proposed council action: council may take action (Approved)

F.   LAND DEVELOPMENT DISCUSSION ITEMS (any item pulled from the land development consent agenda for discussion [item B.2. on this agenda] will be discussed during this portion of the agenda)

N/A

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, February 21, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda)

N/A

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 (called)

J.   ADJOURNMENT (8:33 p.m.)