A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Adopted with the removal of item B.3.f., waivers for road improvements for the Richard Drive Mixed Use Development)

Request from the applicant's representative to remove agenda item B.3.f., Waivers for Road Improvements for the Richard Drive Mixed Use Development (Mixed Use Sketch Plan 07-MU-07) (EN08-082), from this agenda; the applicant will advise staff when they are prepared for this to come back to a future council meeting.

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 13, 2008; and the minutes from the Essentials of Municipal Government program held on March 5-7, 2008. (Approved)

b.   Consideration of approval of the February and March 2008 tax reports. (Approved)

c.   Consideration of amendments to Policy 143, Rules of Procedures for the Cary Town Council. (Approved)

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

(1)  ANNEXATION PETITION 07-A-05
Property owner: Town of Cary
Location: Intersection of I-40 and Old Reedy Creek Road
Acreage: 6.70 plus 1.55 adjacent right of way = 8.25 total deeded acres
Zoning: Resource/Recreation (RR)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Future municipal use
Associated Development: N/A
Speaker: Mr. Wayne Nicholas (Approved)
 

(2)  ANNEXATION PETITION 07-A-30
Property owner: Prasada R. & Urmila P. Kodavanti and P&P Balaji Investments, Inc.
Location: 6905 Jenks Road; 711 Trelawney Lane
Acreage: 2.51 total deeded acres
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Residential Single-Family 
Proposed use: Residential Single-Family 
Associated Development: 08-REZ-01 (Kodavanti Property)
Speaker: Mr. Wayne Nicholas (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.   White Oak Creek Project at Green Level West Road 

(1)  ANNEXATION PETITION 07-A-02
Property owner: Town of Cary
Location: 3109 Green Level West Road and other unaddressed properties
Acreage: 74.34 plus 24.64 acres of right-of-way
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Open Space Conservation; Sewer Line; and Greenway Trail
Associated Development: White Oak Creek Project at Green Level West Road (07-REZ-31)
Speaker: Mr. Wayne Nicholas
Proposed Council Action: council may take action (Approved)

(2)  REZONING 07-REZ-31
Location: 2900 Block of Green Level West Road
Current Zoning: Residential 40 Wake (R-40W)
Requested Zoning: Resources/Recreation (RR)
Acreage: 74.34 ±
Speaker: Mrs. Debra Grannan
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: Council may take action (Approved)

b.   White Oak Creek Project at Green Level Church Road 

(1)  ANNEXATION PETITION 07-A-03
Property owner: Town of Cary
Location: Intersection of Green Level West Road and Green Level Church Road
Acreage: 50.20
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: No
Existing Use: Vacant
Proposed use: Open Space Conservation; Sewer Line; and Greenway Trail
Associated Development: White Oak Creek Project at Green Level Church Road (07-REZ-32)
Speaker: Mr. Wayne Nicholas
Proposed Council Action: council may take action (Approved)

(2)  REZONING 07-REZ-32
Location: Southeast corner of Green Level Church Road and Green Level West Road
Current Zoning: Residential 40 Wake (R-40W)
Requested Zoning: Resources/Recreation (RR)
Acreage: 50.20 ±
Speaker: Mrs. Debra Grannan
Comprehensive Plan Consistency: In accordance with N.C.G.S. 160A-383, and based upon the recommendations and detailed information developed by staff and/or the Planning & Zoning Board contained in the case report, approval of this case by the Cary Town Council will officially adopt the individual rezoning report as evidence that consistency with the Comprehensive Plan has been thoroughly evaluated and that this is a reasonable action to further the community’s public interest in carrying out the Comprehensive Plan.
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: Council may take action (Approved)

3.   Planning and Development Committee, March 20, 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) (Mrs. Robinson)

a.   Waiver for Road Improvements for Bradford Development (Site Plan 07-SP-114) (EN08-081)
Committee unanimously recommended granting the requested waiver for the 300’ southbound right-turn lane on Cary Parkway at the intersection of High House Road and Cary Parkway as the intersection configuration meets the intent of the Thoroughfare Plan and is enhanced with landscaping, walls and other aesthetic features. (Pulled from the consent agenda for discussion; see item G.1.)

b.   Regulating Demolition of Historic Structures (PL08-026)
Committee unanimously recommended removing “demolition of historic structures” from the list of proposed “Round 10” ordinance amendments, and instead addressing it within the context of a town-wide preservation approach, to be determined as part of a comprehensive historic resources plan.  Committee further recommended that until such plan is completed and any resulting recommendations for regulating demolition of historic structures have been implemented, all development plans for property containing identified historic structures shall be reviewed and approved by Town Council and, for this purpose, a historic structure shall be defined as 1) a structure individually listed in the National Register of Historic Places or listed as a contributing structure in the National Register of Historic Places; or 2) a structure that is on the study list for the National Register or has been determined eligible for the National Register; or 3) any designated local, state, or national landmark; or 4) a historically significant structure listed on the Wake County Historic and Architectural Survey, as determined through research and consultation with Capital Area Preservation. (Approved)

c.   Land Development Ordinance (LDO) Text Amendments (Round 10) (PL08-027)
Committee unanimously recommended forwarding a series of modifications and revisions to the Land Development Ordinance to the May 29, 2008 Town Council meeting for a public hearing, allowing staff time to hold the community informational meeting with property owners affected by the proposed amendment to the Conservation Residential Overlay District, meet with the Developers Focus Group and make the proposed amendments available for review and comment on the Town Web site. (Approved)

d.   Consent for the Relocation of Graves (PL08-028)
Committee unanimously recommended approving a request for the removal and re-interment of nine graves from the Lester Family Cemetery by adoption of a resolution for the relocation of all the graves within the Lester Family Cemetery, this resolution being conditioned on the applicant complying with all the requirements in North Carolina General Statute 65-13. (Approved)

e.   Alston Activity Center Concept Plan Re-Evaluation (PL08-029)
Committee unanimously recommended proceeding with the Alston Activity Center Concept Plan review and amendment process. (Approved)

f.    Waivers for Road Improvements for the Richard Drive Mixed Use Development (Mixed Use Sketch Plan 07-MU-07) (EN08-082)
Committee unanimously recommended denying a request for waivers for roadway improvements for the proposed Richard Drive Mixed Use Development due to the substantial traffic impact that the proposed development would have on an already congested corridor and requests that the applicant continue to work with Town staff in considering other options for proceeding, such as delaying the development until the necessary improvements are constructed by the Town or the State; entering into an agreement with the Town to participate financially in the cost of the improvement in order to accelerate their construction; or scaling the project down so that the improvements are not required. (Removed from agenda at applicant's request)

g.   Comprehensive Transportation Plan Work Session Follow-up (PL08-024)
Committee unanimously recommended that a council work session be scheduled. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of a proclamation declaring April 2008 as Autism Awareness Month in the Town of Cary. (Presented)

2.   Recognition of outgoing board/commission members. (Recognized)

D.   PUBLIC SPEAKS OUT (no one spoke)

E.   PUBLIC HEARINGS 

1.   IMPACT FEE PUBLIC HEARING

a.   Consideration of a proposal to adjust impact fees to 75% of their maximum levels with future small annual increases. Council may take action. (Public hearing conducted; item referred to 4/7/2008 council meeting agenda for possible action)

b.   Consideration of amendments to the Land Development Ordinance pertaining to the transportation development fee section. Council may refer this item to the April 28, 2008 planning and zoning board meeting. (Tabled to the 4/7/2008 council meeting agenda) 

2.   Del Salto Property Development:

a.   ANNEXATION 07-A-26
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: Ms. Jennifer Currin
Proposed council action: No action is necessary; the annexation will be on a future council meeting agenda with the associated rezoning 07-REZ-20 for final action (No action required)

b.   REZONING 07-REZ-20, Del Salto Property
Location: 8324 and 8328 Henderson Road
Current zoning: Residential-30 Wake (R-30 W)
Requested zoning: Residential-8 Conditional Use (R-8 CU)
Acreage: 4.04 ±
Speaker: Ms. Jennifer Currin
Proposed council action: refer to the April 28, 2008 planning and zoning board meeting (Referred to 4/28/08 planning and zoning board meeting)

3.   Public hearings on the following annexation resolutions of intent and petitions:

a.   ANNEXATION 07-A-01
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. Wayne Nicholas
Proposed council action: council may take action (Approved)

b.   ANNEXATION 07-A-04
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. Wayne Nicholas
Proposed council action: council may take action (Approved)

c.   ANNEXATION 07-A-06
Property owner: Town of Cary
Location: 2620 Alston Avenue
Acreage: 44.85 plus 6.73 adjacent right of way = 51.58 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. Wayne Nicholas
Proposed council action: council may take action (Approved)

d.   ANNEXATION 07-A-07
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. Wayne Nicholas
Proposed council action: council may take action (Approved)

e.   ANNEXATION 07-A-12
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. Wayne Nicholas
Proposed council action: council may take action (Approved)

f.    ANNEXATION 07-A-32
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. Wayne Nicholas
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, March 20, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Robinson)      

1.   Waiver for Road Improvements for Bradford Development (Site Plan 07-SP-114) (EN08-081)
Committee unanimously recommended granting the requested waiver for the 300’ southbound right-turn lane on Cary Parkway at the intersection of High House Road and Cary Parkway as the intersection configuration meets the intent of the Thoroughfare Plan and is enhanced with landscaping, walls and other aesthetic features. (Denied) 

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 (10:37 p.m.)

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