A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

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

The following changes to the agenda are proposed:

·      Remove item G.1., Revisions to the Conservation Residential Overlay District, from this agenda; the council will conduct a work session on this issue.

·      Remove item G.4., Request from Cary Community Foundation, Inc., from this agenda at the request of the Cary Community Foundation, Inc.

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 June 14, 2007; the minutes of the budget work session held on June 5, 2007; and the minutes of the budget work session held on June 12, 2007. (Approved) 

b.   Consideration of allowing WakeMed Hospital to make a payment-in-lieu with a letter of credit for the required Tryon Road improvements and consideration of waiving the required Kildaire Farm Road improvements associated with the WakeMed Hospital expansion. (Pulled from consent agenda for discussion) 

c.   Consideration of the execution of an agreement with the North Carolina Department of Transportation (NCDOT) for the operation and maintenance of the Cary Signal System. (Approved)

d.   Consideration of adoption of the June 2007 tax report. (Approved)

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

(1)     ANNEXATION PETITION 07-A-18, Park at Westlake
Location: Park at West Lake, south of Optimist Farm Road, west of West Lake Road and northwest of the South Cary Water Reclamation Facility
Acreage: 20.11 plus 3.65 adjacent right of way = 23.76 total acres
Zoning: Residential 30 Conditional Use Wake (R-30CUW)
Contiguous to Corporate Limits: Yes
Proposed use: Residential Subdivision
Associated zoning case: 07-REZ-08 (Park at Westlake)
Presenter: Mr. Dan Matthys (Approved)

(2)     ANNEXATION PETITION 07-A-19, Wrenn Property
Location: 1504 Yates Store Road
Acreage: 17.69 plus 0.53 adjacent right of way = 18.22 total deeded acres
Zoning: Residential 40 (R-40)
Contiguous to Corporate Limits: Yes
Proposed use: Residential Single Family
Associated zoning case: 07-REZ-04 (Wrenn Property)
Presenter: Mr. Dan Matthys (Approved)

(3)     ANNEXATION PETITION 07-A-20, William and Mary Smith
Location: 3212 Ten Ten Road; 3212 Ten Ten Road B; 3312 Ten Ten Road
Acreage: 5.61 plus 0.81 adjacent right of way = 6.42 total acres
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Proposed use: Office & Institutional in Mixed Use Overlay District
Associated zoning case: 07-REZ-11 (Grist Mill)
Presenter: Mr. Dan Matthys (Approved)

(4)     ANNEXATION PETITION 07-A-21, Allen Miedema
Location: 6108 Deerwood Place
Acreage: 0.41 plus 0 adjacent right of way = 0.41 total deeded acres
Zoning: Transitional Residential (TR)
Contiguous to Corporate Limits: Yes
Existing use: Residential
Associated zoning case: N/A
Presenter: Mr. Dan Matthys (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.   Mixed Use Sketch Plan 06-MU-03, Village at the Park
Location: 2932 Alston Avenue, NW corner of Kitt Creek Road and NC 55 Highway
Base zoning: Planned Development District Major (PDD)
Zoning overlay district: Neighborhood Mixed Use Overlay District, Village at the Park
Requested use: Mixed Use Sketch Plan to allow 278 multi-family residential units and a recreation facility; amend Tract 1 of the PDD to increase the number of apartments from 45 units to 278 units
Acreage: Approximately 15.17± acres
Presenter: Mrs. Debra Grannan
Planning and Zoning Board Recommendation: unanimous recommendation to approve (Approved)

b.   Park at Westlake Development  

(1)  ANNEXATION PETITION 07-A-14
Property owners: Starcraft Builders, Inc.
Location: 7204, 7208, 7209, 7212, 7216, 7220, 7221, 7224, 7225, 7228, 7229, 7232, 7233, 7236, 7237, 7240, 7241, 7244 Bedford Ridge Drive
Acreage: 5.17 plus 0.90 acres of right-of-way
Zoning: Residential 30 Wake (R-30W)
Contiguous to Corporate Limits: Yes
Existing use: Residential Subdivision (Park at Westlake, 07-REZ-05)
Presenter: Mr. Dan Matthys (Approved effective 12/28/07)

(2)  REZONING 07-REZ-05, Park at Westlake
Location: South of Optimist Farm Road and West of West Lake Road
Current zoning: Residential 20 Conditional Use District Wake (R-20 CUD W)
Requested zoning: Residential 8 (R-8)
Acreage: 6.08 ±
Presenter: 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 (Approved effective 12/28/07)

3.   Planning and Development Committee, June 21, 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.   Bishops Gate PUD - Request for Payment-in-Lieu and Release of a Letter of Credit (EN07-120)
Committee unanimously recommended approving the request for a $125,595 payment-in-lieu of constructing the water lines along Davis Drive and Westhigh Street and release of the letter of credit for the Westhigh Street extension over the railroad tracks to Davis Drive. (Approved)

b.   The Park at Langston – Request Waiver of Curb and Sidewalk (EN07-130)
Committee unanimously recommended approval of reduced street design standards for The Park at Langston allowing the developers request to install 22’ wide streets without curb and gutter and sidewalk. (Approved)

c.   Garagescapes and Anti-Monotony Standards (PL07-044)
Committee unanimously recommended that Council direct staff to draft ordinance language regarding anti-monotony and snout-nose garage regulations for inclusion in the next round of LDO amendments. (Approved)

d.   Consent for the Relocation of Graves (PL07-050)
Committee unanimously recommended the adoption of a resolution for the removal and re-interment of twelve graves of all the graves within the Lewter Cemetery. (Approved)

e.   TCAP Tower (EN07-127)
Committee unanimously recommended that staff continue consideration of a tower at the location of the existing water tank at the intersection of Kildaire Farm Road and Pleasants Avenue.  Committee directed staff to update the staff report to include photo and height dimensions of temporary cell tower units along with a comparison of cost projection versus lost revenue stream. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Recognition of the Town of Cary as a “Fit Community” by Blue Cross Blue Shield of NC and the North Carolina Health and Wellnes Trust Fund. (Recognized)

D.   PUBLIC HEARINGS 

1.   SPECIAL USE PERMIT 07-SU-002
Location: Southeast of intersection of Davis Drive and Collins Road
Current zoning: Office, Research, and Development – Conditional Use (ORD-CU)
Request: Mini-storage facility
Acreage: 3.82 Acres
Presenter: Mr. Greg Barnes
Recommended council action: Council may take action (Approved with a condition that operation/access hours will be 7a.m.-8 p.m. Monday-Saturday and 9 a.m.-6 p.m. on Sunday)

2.   SPECIAL USE PERMIT 07-SU-005
Location: 9011 Chapel Hill Road
Current zoning: Residential-40 (R-40)
Request: To operate a preschool within existing church
Acreage: 5.06 ±
Presenter: Ms. Jennifer Currin
Recommended council action: Council may take action (Approved with a condition that maximum enrollment is limited to 40 students)

3.   Comprehensive Plan Amendment 07-CPA-04, Indian Wells
Location: along Indian Wells and Wackena Roads, approximately 1,200 feet west of the intersection of NC Highway 55 and Indian Wells Road
Current comprehensive plan designation: Very Low Density Residential
Requested comprehensive plan designation: Medium Density Residential
Acreage: 164.5
Presenter: Mr. Scott Ramage
Recommended Council Action: Council may refer this item to the August 20, 2007 Planning and Zoning Board meeting (this public hearing was continued from the June 14, 2007 meeting) (Referred to 8/20/07 P&Z meeting)

4.    Street Closing
Consideration of adoption of a street closing order resolution to close the right-of-way of North West Street from the CSXT right-of-way southward to the northern right-of-way of West Chatham Street. Council may take action. (Approved)

5.    Street Closing
Consideration of adoption of a street closing order resolution to close a portion of Kumar Court abutting Lots 3, 4 and 5. Council may take action. (Approved)

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.   Comprehensive Plan Amendment 07-CPA-01, Evans Estates Phase 2
Location: 110, 120 and 160 Anita Way
Current comprehensive plan designation: medium density residential
Proposed comprehensive plan designation: low density residential
Acreage: 17.90 acres
Presenter: Ms. Meredith Chandler
Planning and Zoning Board Recommendation: 6-2 recommendation to approve
Recommended Council Action: Council may take action (Approved the original request to go from medium density residential to low density residential)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, June 21, 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.   Revisions to the Conservation Residential Overlay District (PL07-045)
Committee unanimously recommended moving this item to the discussion agenda in order for full council to provide staff with additional feedback.  Committee directed staff to revise the staff report to incorporate their feedback which included:

• Explore using a certain percentage of additional open space in exchange for a certain percentage of more residential units;
• Explore a higher standard for water quality from developments in exchange for more units;
• Clarify the requirement to limit the amount of grading and tree removal and the use of sidewalks and greenways; and,
• Explore what constitutes open space.

The committee suggested staff present hypothetical examples showing how the recommended changes would work. Council may give staff direction. (Removed from this agenda; council will conduct a work session)

2.   Subdivision Waiver Request – Saxonbury Singh Subdivision (PL07-046)
Committee unanimously recommended approval of a request for a waiver of the one-year waiting period for a new subdivision plan for the Saxonbury Singh conservation residential subdivision west of Green Level Church Road.  Per the Land Development Ordinance (LDO), a supermajority is required for Council to grant this request. Council may take action; six affirmative votes are required to approve this item. (Approved)

3.   Subdivision Waiver Request – Manors at Green Level Subdivision (PL07-047)
Committee unanimously recommended approval of a request for a waiver of the one-year waiting period for a new subdivision plan for the Manors at Green Level conservation residential subdivision on the north side of Roberts Road.  Per the Land Development Ordinance (LDO), a supermajority is required to grant this request. Council may take action; six affirmative votes are required to approve this item. (Approved)

4.   Request from Cary Community Foundation, Inc. (PR07-032)
Committee unanimously recommended moving this item to full council for discussion.  Mr. Roseland requested a detailed funding plan for the project. Council may take action. (Removed from this agenda at the request of the Cary Community Foundation, Inc.)

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.   Staff’s response to recent crime statistics for the Town of Cary. (Approved six new Police Officer 1 positions with the FY2008 budget including funding of $525,633 comprised of $329,292 in personnel costs, $108,126 in operating and maintenance costs, and $88,215 in capital outlay)

2.   Consideration of adoption of the Fiscal Year 2008 Budget and the proposed changes to the budget. Council may take action. (Approved budget and list of proposed changes)

3.   Consideration of allowing WakeMed Hospital to make a payment-in-lieu with a letter of credit for the required Tryon Road improvements and consideration of waiving the required Kildaire Farm Road improvements associated with the WakeMed Hospital expansion. (Approved staff's recommendation)

I.    CLOSED SESSION (called)

J.   ADJOURNMENT (9:43 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.