A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Approved with changes noted below)

The following changes to the agenda are proposed:

• Add presentation by the Teen Advisory Committee announcing the 2007 Cary Teen Forum

• Add presentation of proclamation honoring retiring employee Robert K. (Kim) Fisher.

• At the request of the applicant remove item G.1., WakeMed Hospital - Request for Waiver from Thoroughfare Improvement Requirements; the applicant would like time to further evaluate the potential impact of the Tryon Road improvements on the viability of future building expansions for the hospital and has asked that the item be placed on the April 26, 2007 council agenda. 

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 March 8, 2007. (Approved)

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

(1)  CITIZEN INITIATED ANNEXATION PETITION 06-A-01
Property owner: Ali R. Hashemi-Nejad
Property address: 801 NE Maynard Road
Acreage: 10.74 plus 0.88 adjacent right of way = 11.62 total acres
Zoning: Office and Institutional in a Planned Development District Major (OIP Wake)
Contiguous to Corporate Limits: Yes
Proposed use: Office/Institutional in a Mixed Use Overlay District
Associated rezoning or development plan: 05-AC-009 (Reedy Creek Activity Center Concept Plan); approved 11/14/2006 (Approved) 

(2)  CITIZEN INITIATED ANNEXATION PETITION 07-A-14
Property owner: Starcraft Builders, Inc.
Property address: 7204, 7208, 7209, 7212, 7216, 7220, 7221, 7224, 7225, 7228, 7229, 7232, 7233, 7236, 7237, 7240, 7241, 7244 Bedford Ridge Drive
Acreage: 5.18 plus 0.9 adjacent right of way = 6.08 total acres
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Proposed use: 07-REZ-05 (Park at West Lake) (Approved) 

3.   Planning and Development Committee, March 15, 2007 (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. Roseland)

a.   Summerwinds Inc. – Transportation Agreement Modification (EN07-082)
Committee unanimously recommended a modification to a transportation agreement allowing for phasing of payments to coincide with development plans.  (Approved)

b.   RDU Aloft Hotel - Request for Waiver (EN07-090)
Committee unanimously recommended waiver of the requirement for additional widening of and installation of sidewalks along Aviation Parkway along the RDU Aloft Hotel frontage, and upheld staff’s recommendation to require the installation of sidewalk on RDU Center Drive along the RDU Aloft Hotel frontage.  (Approved)

c.   WakeMed Hospital Modification (EN07-091)
Committee unanimously recommended granting a modification to eliminate surrounding roadways from impervious surface calculation in connection with WakeMed Hospital modifications.  (Approved)

d.   Annexation of Western Wake WRF/EPS Site by Apex (PWUT07-017)
Committee unanimously recommended that the Town of Cary submit a petition for annexation to the Town of Apex for the Western Wake Water Reclamation Facility and Effluent Pump Station Site.  (Approved)

e.   Habitat for Humanity Land Acquisition (PL07-019)
Committee unanimously recommended awarding Habitat for Humanity $210,000 from the Affordable Housing Program Funds.  (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation by the Teen Advisory Committee announcing the 2007 Cary Teen Forum.  (Presented)    

2.   Presentation of proclamation honoring retiring employee Robert K. (Kim) Fisher. (Presented)

D.   PUBLIC HEARINGS

1.   SPECIAL USE PERMIT 07-SU-001
Street address: 720 Austin Avenue
Current zoning: Residential 12 (R-12)
Request: To operate a large home day care (not to exceed 15 children) within existing dwelling
Total Acreage: 0.35 ±
Presenter: Ms. Jennifer Currin
Recommended Council Action: Council may take final action  (Denied)

2.   West Lake Development

a.   CITIZEN INITIATED ANNEXATION PETITION 07-A-10
Property owner: Bruce Odell Henderson|
Property address: 8400 Henderson Road
Acreage: 9.66
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Proposed use: To incorporate a new parcel and reduce minimum lot size within West Lake Planned Development District
Staff Presenter: Mr. Dan Matthys
Recommended Council Action: Conduct public hearing; no action necessary; staff will schedule on a future agenda to be considered simultaneously with the associated zoning case (07-REZ-02) 

b.   REZONING 07-REZ-02, West Lake Planned Development District (PDD) Amendment
Location: Northwest of Optimist Farm and Henderson Roads
Current zoning: Residential 30 Wake (R-30W)
Request: To amend existing Planned Development District to include subject property
Acreage: 9.66 ±
Staff Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to 5/21/2007 Planning and Zoning Board meeting (Referred to 5/21/07 Planning and Zoning Board meeting)

3.   MIXED USE SKETCH PLAN 06-MU-07, Cornerstone
Location: Northeast corner of Davis Drive and High House Road
Current zoning: Residential 40 (R-40) with Cornerstone Community Mixed Use Center Overlay District
Request: Mixed Use Sketch Plan to allow retail, office, multi-family and single-family uses
Acreage: 67.90 ±
Prior Public Hearings: 1/11/2007 and 1/25/2007
Comments: Public hearing comments should not repeat earlier public hearing comments and should focus on changes to the plan since the prior public hearings
Staff Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to 5/21/2007 Planning and Zoning Board meeting   (Referred to 5/21/07 Planning and Zoning Board meeting)

4.   CITIZEN-INITIATED ANNEXATIONS NOT ASSOCIATED WITH DEVELOPMENT-RELATED PUBLIC HEARINGS

a.   CITIZEN INITIATED ANNEXATION PETITION 07-A-08
Property owner: United States of America (c/o US Army Corps of Engineers)
Property address: 3677 NC 55 Highway
Acreage: 17.14 plus 1.04 acres of right-of-way
Zoning: Residential 40 (R40)
Contiguous to Corporate Limits: Yes
Proposed use: U.S. Army Reserve Center (06-SP-041)
Staff Presenter: Dan Matthys
Recommended Council Action: Council may take final action (Approved)

b.   CITIZEN INITIATED ANNEXATION PETITION 07-A-13
Property owner: Patrick & Kathleen Gaglione
Property address: 2533 and 2531 O’Kelly Chapel Road and includes detached Accessory Shop Building
Acreage: 1.85 plus .33 acres of right-of-way
Zoning: Residential 40 Chatham (RA-40)
Contiguous to Corporate Limits: Yes
Existing use: Single-family residential (emergency request to connect to Town’s water)
Staff Presenter: Dan Matthys
Other Approvals Needed: The Chatham County Commissioners approved this request on 2/5/2007
Recommended Council Action: Conduct public hearing; no action necessary; staff will schedule on a future agenda to be considered simultaneously with the associated zoning case 

E.   PUBLIC SPEAKS OUT (see official minutes)

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)

1.   Land Development Ordinance Amendment, Round 8
Requested action: Adopt an ordinance amendment to amend the Land Development Ordinance
Major amendments include: Chapter 3 (applicability, procedure, protest petitions); Chapter 4 (required pre-submittal meetings, required contents of a mixed use sketch plan); Chapter 5 (Table of Permitted Uses – General Use Districts); Chapter 6 (Definition/Measurement); Chapter 7 (rails required for retaining walls and steep grade, miscellaneous amendments to the buffer regulations, illegal discharge and flood damage prevention); Chapter 12 (definitions); and minor clarifications to various chapters of the LDO. Minor amendments are also proposed.
Staff Presenter: Ms. Jennifer Currin
Recommended Council Action: Council may take final action   (Approved)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, March 15, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Roseland)

1.   WakeMed Hospital – Request for Waiver from Thoroughfare Improvement Requirements (EN07‑089)
Committee recommended denying the request for waiver of thoroughfare improvement requirements associated with the proposed WakeMed Hospital expansion, instead requiring an additional one-lane widening and right-of-way dedication along Tryon Road in accordance with the Town’s Comprehensive Transportation Plan requirements, requiring a payment-in-lieu for ½ the median and the additional pavement necessary for the future four-lane median-divided Kildaire Farm Road, and requiring the additional right-of-way dedication necessary for the Town to make these improvements as recommended by staff.  Mr. Roseland dissented, recommending a waiver with right-of-way dedication due to concern about potentially excessive widening of the road.  Ms. Robison also stated that she would be open to a waiver with right-of-way dedication and payment-in-lieu with improvements to be made with a future expansion of WakeMed Hospital facilities. (Removed from this agenda and scheduled for 4/26/07 council meeting)

2.   Chatham-Cary Joint Plan Project Update (PL07-030)
Committee unanimously agreed with staff that a higher degree of certainty is required for the project schedule, and that a firm date should be set for the removal of the stay on annexations, in the interest of fairness to landowners and to avoid unintended consequences within the watershed.  Committee further recommended that this move forward to full council with direction to staff to update the staff report to include more detail on what projects are currently under consideration.  Committee further directed staff to draft a resolution for council review at the next council meeting to include the following staff recommendations: 

a.   the project schedule be revised to reflect the delay incurred by the Board at the February 20 work session and that firm dates be established in the revised schedule for when the Board needs to provide the project staff and Town Council with specific, direct, and concrete responses to issues raised by the joint staff and any necessary additional public hearings during the planning process be planned by the Board such that they can still provide staff and Council with feedback according to schedule; 

b.   the official stay on annexation requests be extended to September 28, 2007 in order to provide ample time for Chatham County and the Town to agree on the key elements of a joint plan to bring to public hearing; and, 

c.   in the event that feedback and direction is not provided by the Board according to schedule, or if the process stalls at the level of the Chatham Board of Commissioners or Planning Board, the Town of Cary could elect to either move forward independently with plan development and/or lift the stay on annexations while awaiting resumption of the project tasks.  (Approved)

3.   Landmark Sign Direction (PL07-028)
Committee recommended that this be brought to full council for discussion.  Ms. Robison and Mr. Portman felt staff should be directed to pursue amending language to the Sign Ordinance to include consideration be given to signs on property that is within a designated historic preservation and to continue to pursue enforcement with any remaining signs found not in compliance.  Mr. Roseland expressed concerned that since all non-conforming sign owners were given notice, enforcement should be continued on all non-conforming signs per the Town’s ordinance.  (Approved)

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 (11:09 p.m.)

T

Please contact the Cary Town Clerk with any questions about this agenda. The e-mail address is sue.rowland@townofcary.org, and the phone number is (919) 469-4011.