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 April 7, 2008. (Approved)

b.   Consideration of approval of the April 2008 tax report. (Approved)

c.   Consideration of appointment of Carla Sadtler as the extra-territorial jurisdiction member of the Planning and Zoning Board. (Approved)

d.   Consideration of appointment of Julie Robison as the council liaison to the newly created environmental board. (Approved)

e.   Consideration of appointment of Jack Smith and Ervin Portman as regular members and Don Frantz as an alternate member to the Wake County Growth Issues Task Force. (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.   Park at West Lake Development 

(1)  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: council may take action (Approved)

(2)  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
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 recommendation to approve
Proposed council action: council may take action (Approved)

3.   Planning and Development Committee, April 17, 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. Portman)

a.   Engineering Department Operating Budget Adjustment (EN08-085)
Committee unanimously recommended the appropriation of $350,000 to Traffic Analysis Studies expense account and an increase to the revenue budget by $315,000 for additional funding for performing the traffic studies required under section 3.23 (Adequate Public Facilities for Roads) of the Land Development Ordinance.  Committee further recommended that the balance of $35,000 be appropriated from the general fund fund balance. (Approved)

b.   Rezoning Waiver Request – Greystone PDD Amendment (PL08-030)
Committee unanimously recommended approval of a request for a waiver of the one-year waiting period for a new rezoning submittal for the Greystone PDD Amendment.  Per the LDO, a supermajority vote of council is needed to grant this request. (Approved)

c.   School Site Reservation Update (PL08-031)
Committee unanimously recommended against using state statutory authority to develop an ordinance requiring school site reservation during the subdivision approval process and further recommended that resources be applied to the Town’s land-banking initiative in coordination with WCPSS staff efforts. (Approved)

d.   Additional Funding for the Exterior Restoration of the Waldo Rood House (PL08-033)
Committee unanimously recommended the allocation of $50,000 from the general fund fund balance for additional exterior repairs to the Waldo Rood House. (Approved)

e.   Final Report from Special Task Force on Tree Preservation, Mass Grading and Slab Foundations (PL08-034)
Based on the final report from the Task Force, the committee unanimously recommended that staff bring proposed amendments to the Land Development Ordinance, standards and policies to a future Planning and Development Committee meeting. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of a proclamation designating April as “Youth Gang Awareness and Prevention Month” in the Town of Cary. (Presented)

2.   Presentation of the Issue Advisory Task Force recommendations. (Presented)

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS 

1.   Community Development Block Grant (CDBG)
Subject: Public hearing on the Fiscal Year 2008 CDBG Annual Action Plan. The Draft Annual Action Plan describes how the Town of Cary plans to utilize $450,746 in Community Development Block Grant (CDBG) funds it expects to have available on July 1, 2008.
Proposed council action: no action required; the issue will be on a future agenda for final action
Speaker: Ms. Tracy Stone-Dino  (Public hearing conducted; no action required)

2.   KODAVANTI DEVELOPMENT 

a.   ANNEXATION 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 plus 0 adjacent right of way = 2.51 total deeded acres
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: No
Existing Use: Residential Single Family
Proposed use: Residential Single Family
Associated Rezoning Case: 08-REZ-01 (Kodavanti Property)
Speaker: Ms. Jennifer Currin
Proposed council action: no action required; the annexation will be on a future council agenda with the associated rezoning for final action (Public hearing conducted; no action required)

b.   REZONING 08-REZ-01, Kodavanti Property
Location: 6905 Jenks Road and 711 Trelawney Lane
Current Zoning: Residential 40 Wake (R-40 W)
Proposed Zoning: Residential 40 (R-40)
Acreage: 2.51 ±
Speaker: Ms. Jennifer Currin
Proposed council action: council may forward to the May 19, 2008 planning and zoning board meeting (Referred to 5/19/2008 planning & zoning board meeting)

3.   ANNEXATION PETITION 07-A-05
Property owner: Town of Cary
Property addresses: 2121 Old Reedy Creek Road; and other unaddressed properties (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
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)  

1.   REZONING 07-REZ-35, Highland Village Planned Development District (PDD) Amendment
Location: North of High House Road between Old Apex Road and West Chatham Street
Current zoning: PDD
Requested zoning: PDD Amendment to increase the number of multifamily dwelling units and overall density
Acreage: 16.65 ±
Speaker: Ms. Jennifer Currin and Ms. Kelly Commiskey
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: 5-2 recommendation to approve
Suggested council action: council may take action (Approved)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, April 17, 2008 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mr. Portman)

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)

1.   Consideration of a request from DHIC, Inc. for a $170,000 loan from the Affordable Housing Fund to assist with the development of Highland Village Phase 3. (NOTE: This agenda item will be considered only if agenda item F.1., Rezoning 07-REZ-35, Highland Village Planned Development District (PDD) Amendment, is approved.) Council may take action if this item is eligible for consideration. (Approved)

I.    CLOSED SESSION (not called)

J.   ADJOURNMENT (9:12 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. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.