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 May 8, 2008, and approval of the minutes from the comprehensive transportation plan update work session held on April 29, 2008.  (Approved) 

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

c.   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 08-A-01 (Approved)
Property owner: Town of Cary and Wake County
Location: 1,600 feet southeast of the Green Level Church Road and White Oak Church Road intersection
Acreage: 114.92 plus 5.29 acres of adjacent right of way = 120.21 total deeded acres
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Proposed use: Future park and greenway trail    
Associated Rezoning Case: 08-REZ-02 (Raftery Property)          
Speaker: Mr. Ricky Barker
 

(2)  ANNEXATION 08-A-04 (Approved)
Property owner: SAS Institute, Inc. and Reedy Creek Investments, LLC
Location: 2301, 2401 Trenton Road
Acreage: 11.79 plus 0.00 adjacent right of way = 11.79 total deeded acres
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: No
Proposed use: Solar Array Panel Installation Site
Associated Development Case: 08-SP-037 (SAS Solar Array)
Speaker: Mr. Ricky Barker
 

(3)  ANNEXATION 08-A-05 (Approved)
Property owner: Sears Farm LLC
Location: At the intersection of High House Road and Davis Drive
Acreage: 46.34 plus 5.73 adjacent right of way = 52.07 total deeded acres
Zoning: Residential and General Commercial in a Planned Development District (GCP) in a Mixed Used Overlay District
Contiguous to Primary Corporate Limits: Yes
Proposed use: Commercial
Associated Development Case: 08-SP-023 (Searstone Development)
Speaker: Mr. Ricky Barker
 

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.   De Salto Development

(1)  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)
Existing use: Single Family Residential and vacanct
Contiguous to Primary Corporate Limits: Yes
Proposed use: Single Family Residential
Associated Rezoning Case: 07-REZ-20 (Del Salto Property)
Speaker: Mrs. Debra Grannan
Proposed council action: council may take action (Approved)

(2)  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: 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: voted 7-0 to recommend approval
Proposed council action: council may take action (Approved)

3.   Planning and Development Committee, May 14, 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.   Heartwood Montessori School – Request for Waiver (EN08-094)
Committee unanimously recommended requiring the right-of-way dedication but otherwise approving a request for waiver from thoroughfare improvement requirements associated with the proposed Heartwood Montessori School. (Approved)

b.   Parkside Town Commons – Railroad Crossing Changes Agreement (EN08-095)
Committee unanimously recommended scheduling a public hearing for at-grade railroad crossing closures and requested that, following the public hearing, staff develop a Parkside Town Commons Transportation Improvement Agreement and a CSX Rail Crossing Agreement and bring those agreements back to committee for consideration. (Approved)

c.   Request for Road Improvement Waiver – Kilmayne Office Park (EN08-096)
Committee unanimously recommended requiring the right-of-way dedication but otherwise approving a request for waiver from further widening along SE Maynard Road associated with the Kilmayne Office Park Mixed Use Sketch Plan (07 MU-06). (Approved)

d.   Consideration of Accepting a Donation of a Sculpture (PR08-027)
Committee unanimously recommended approving the acceptance of the donation of the sculpture “Ecclesiastes (War Wagon)” by artist Phil Alan Simpson from Cary Visual Art and Friends of Page-Walker as a permanent placement at the Page-Walker Arts and History Center. (Approved)

e.   Green Level Stream Restoration and Greenway Project (PR08-028)
Committee unanimously recommended approval of the Green Level Stream Restoration and Greenway Project Plan. (Pulled from the consent agenda for discussion; see item G.1.)

f.    Budget Adjustment – USDA Stream Restoration and Greenway Planning Funds for Swift Creek (PR08-029)
Committee unanimously recommended approval of a budget adjustment to recognize $200,000 in revenue in the Capital Projects Fund from the USDA and the corresponding expenditure in the Capital Improvement Budget for the Swift Creek Stream Restoration and Greenway Plan project. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of a resolution honoring former council member Marla Dorrel. (Presented a resolution renaming the Kids Together Park as the Marla Dorrel Park)

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS 

1.   Proposed C-Tran Door-To-Door Fare Increases and Service Requirements
Subject: Public hearing on the proposed fare increases and service requirement changes on C-Tran’s Door-to-Door transit services. The recommended changes to the Door-to-Door transit service include: implementation of a new tiered service structure, fare increases, increase in age eligibility, and a discount fare adjustment.
Speaker: Mr. Ray Boylston
Proposed council action: Conduct the public hearing; the item will be on the June 12, 2008 council meeting agenda for final action (Conducted public hearing; referred to 6/12/08 council agenda for final council action)

2.   Budget Public Hearing
Subject: This public hearing provides an opportunity for the public to comment on the Town of Cary’s Proposed Fiscal Year 2009 Budget, which identifies services and infrastructure projects to be undertaken by the Town from July 1, 2008 through June 30, 2009.
Speaker: Mr. Scott Fogleman
Proposed council action: conduct public hearing; another public hearing is planned for the June 12, 2008 council meeting with budget adoption scheduled at the June 26, 2008 council meeting (Conducted public hearing; another public hearing will be conducted at the 6/12/08 council meeting)

3.   Land Development Ordinance Amendments
Subject: Modifications are proposed to the Land Development Ordinance (LDO) with regards to the items listed below. Specific chapters are listed, and other related items and sections may also be considered for changes.
Speaker: Mr. Ricky Barker
Proposed council action: refer to the August 11, 2008 planning and zoning board work session (Referred to the 8/11/08 planning and zoning board work session; the town council will conduct a work session on this item and the associated Southwest Area Plan amendments in July 2008)

4.   Southwest Area Land Use Plan Amendment
Subject: Modifications are proposed for this document with regard to plan vision, guiding principles, objectives and land use recommendations. These changes are associated with the Land Development Ordinance amendments to the Conservation Residential Overlay District.
Speaker: Mr. Scott Ramage
Proposed council action: refer to the August 11, 2008 planning and zoning board work session (Referred to the 8/11/08 planning and zoning board work session; the town council will conduct a work session on this item and the associated Southwest Area Plan amendments in July 2008)

5.   Consideration of adoption of the following annexation ordinances:

a.   Annexation 08-A-02
Applicants: Mahmoud and Rolla Abdallah
Property address: 3727 Davis Drive
Current Zoning: Office, Research & Development (ORD)
Acreage: 2.67 plus 0.00 adjacent right of way = 2.67 total deeded acres
Contiguous to Primary Corporate Limits:   Yes 
Existing Use: Residential Single Family
Proposed Use: Office Building
Associated case: Site Plan 07-SP-088 (Davis Drive Office Park), refer to agenda item F.2.)
Presenter: Mr. Ricky Barker
Proposed council action: conduct public hearing; defer vote to coincide with Site Plan 07-SP-088 (Davis Drive Office Park, refer to agenda item F.2.) (Approved)

b.   Annexation 08-A-03
Applicants: Gayle Partin
Property address: 6514 Koppers Road
Current Zoning: Transitional Residential Conditional Use (TR CU)
Acreage: 12.73 plus 0.65 adjacent right of way = 13.38 total deeded acres
Contiguous to Primary Corporate Limits: Yes  
Existing Use: Vacant
Proposed Use: Residential Subdivision
Associated Development Plan: 08-SP-020 (Koppers Road Subdivision)
Presenter: Mr. Ricky Barker
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.   MIXED USE SKETCH PLAN 07-MU-08, Maynard Village
Location: Southwest quadrant of Chapel Hill and NW Maynard Roads intersection
Current zoning: Residential 40 (R-40), Residential 20 (R-20), Resource/Recreation (R/R) and within the Northwoods West Mixed Use Overlay District
Request: Mixed Use Sketch Plan for 70,000 square feet of office uses, 54,000 square feet of commercial uses and 24 dwelling units
Acreage: 16.06 ±
Speaker: Mr. Kevin Hales and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: voted 6-1 to recommend approval
Proposed council action: council may take action (Approved)

2.   SITE PLAN 07-SP-088, Davis Drive Office Park
Location: 3727 Davis Drive
Request: The applicant, Mahmoud Abdallah, represented by Clearwater Engineering, has requested approval of a development plan to construct a two-story office building on property located at 3727 Davis Drive.  The plan also includes a request to reduce the widths of the streetscape buffer and a portion of a perimeter buffer.
Acreage: 2.67 acres (approximate)
Speaker: Mr. Greg Barnes and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: voted 4-2 to recommend approval
Proposed council action: council may take action on the site plan and the associated annexation (08-A-02, item E.5.a. on this agenda) (Approved)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, May 14, 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)

1.  Green Level Stream Restoration and Greenway Project (PR08-028)
Committee unanimously recommended approval of the Green Level Stream Restoration and Greenway Project Plan. (Referred back to the planning and development committee)

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 (10:40 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.