A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

3.   Adoption of agenda (Removed item B.2.a. from the agenda at the applicant's request and rescheduled it for the 9/11/07 council meeting; adopted amended 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 August 9, 2007, and the minutes of the council work session held on August 7, 2007. (Approved)

b.   Consideration of approval of suggested improvements to the reclaimed water system standard specifications and details. (Approved)

c.   Consideration of approval of the August 2007 tax report. (Approved)

d.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following citizen initiated annexation.  

a.   ANNEXATION PETITION 07-A-22 (Approved)
Property addresses: 130 Harmony Hill Lane
Acreage: 3.26
Zoning: Residential 40 (R-40)
Contiguous to Corporate Limits: Yes
Current use: single family residence
Associated development: None 

b.   ANNEXATION PETITION 07-A-24 (Approved)
Property addresses: 9837 Green Level Church Road
Acreage: 3.99
Zoning: Residential 40 Wake (R-40W)
Contiguous to Corporate Limits: Yes
Current use: Single family detached homes
Associated development: 07-REZ-18 (Copperleaf PDD Amendment)

c.   ANNEXATION PETITION 07-A-11 (Approved)
Property addresses: 5013, 5016, 5020, 5128 NC 55 Highway; and other unaddressed properties (at the intersection of NC55 Highway and O'Kelly Chapel Road)
Acreage: 125.19
Zoning: Industrial 11 Wake (I-11 W) and Office, Research & Development (ORD)
Contiguous to Corporate Limits: No
Proposed use: Mixed use development
Associated development: Rezoning 07-REZ-06, Parkside Town Commons

2.   Planning and Development Committee, August 16, 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) (Mrs. Robison)

a.   Center for Caring (Hospice of Wake County) Request for Waiver of Thoroughfare Improvements (EN08-024)
Committee unanimously recommended requiring a right-of-way dedication associated with the proposed Center for Caring development, but granting a waiver from requiring construction of the Cary Parkway Extension through the Hospice site. (Removed from agenda and scheduled for 9/11/07 council meeting)

b.   Establishing a Train Horn Quiet Zone (PL08-001)
Committee unanimously recommended that staff wait until such time as the TTA system begins operation before designating a Quiet Zone to determine if the need significantly increases at that time. (Approved committee's recommendation)

c.   Steering Committee Appointment for NCDDA Downtown Technical Assistance Team visit (PL08‑008)
Committee unanimously recommended that Ms. Robison serve as part of steering committee to work with a North Carolina Downtown Development Association's (NCDDA) Technical Assistance Team to recommend strategies for fostering and managing the downtown redevelopment process. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Recognition of visitors from Cary’s sister city in County Meath, Ireland. (Recognized)

D.   PUBLIC HEARINGS 

1.   Silverton/Brier Ridge Development 

a.   REZONING 07-REZ-13, Silverton Planned Development District Amendment
Location: Northwest Intersection of NW Cary Parkway and Evans Road
Current zoning: Planned Development District Major (PDD Major), Silverton Mixed Use Overlay District
Requested zoning: PDD amendment to permit a buffer reduction
Acreage: 22.19 ±
Speaker: Mr. Kevin Hales
Proposed council action: Refer to November 19, 2007 Planning and Zoning Board meeting (Referred to 11/19/07 P&Z meeting)

b.   MIXED USE SKETCH PLAN 07-MU-004, Silverton/Brier Ridge
Location: Northwest Intersection of NW Cary Parkway and Evans Road
Request: Mixed Use: Mixed Use Sketch Plan to allow 328± multifamily units and 25,000± square feet of office uses
Acreage: 22.19 ±
Speaker: Mr. Kevin Hales
Proposed council action: Refer to November 19, 2007 Planning and Zoning Board meeting (Referred to 11/19/07 P&Z meeting)

2.   REZONING 07-REZ-16, Davis Grove Office Park
Location: Davis Grove Circle at Davis Drive
Current zoning: Office/Research and Development Conditional Use (ORD-CU)
Requested zoning: Office and Institutional Conditional Use (OI-CU) to permit personal services uses
Acreage: 4.95 ±
Speaker: Mrs. Debra Grannan
Proposed council action: Refer to September 17, 2007 Planning and Zoning Board meeting (Referred to 9/17/07 P&Z meeting)

3.   LAND USE PLAN AMENDMENT 07-CPA-08, Koppers Road Development
Location: 6514 Koppers Road
Current Comprehensive Plan: Medium Density Residential
Proposed Comprehensive Plan: Low Density Residential
Acreage: 12.79±
Speaker:  Mrs. Anna Readling
Proposed Council action: Refer to October 15, 2007 Planning and Zoning Board meeting (Referred to 10/15/07 P&Z meeting)

4.   REZONING 07-REZ-17, Koppers Road Development
Location: 6514 Koppers Road
Current zoning: Residential 40 (R-40)
Requested zoning: Transitional Residential Conditional Use (TR-CU)
Acreage: 12.79±
Speaker: Mrs. Debra Grannan
Proposed Council action: Refer to November 19, 2007 Planning and Zoning Board meeting (Referred to 11/19/07 P&Z meeting)

5.   MIXED USE SKETCH PLAN 07-MU-03, Harrison Avenue Apartments
Location: Northwest intersection of N. Harrison Avenue and Grande Heights Drive
Current zoning: PDD Major
Request: Mixed Use Sketch Plan to allow up to 325 apartments and 23,240 square feet of office
Acreage: 20.22 ±
Speaker: Mr. Greg Barnes
Proposed Council action: Refer to November 19, 2007 Planning and Zoning Board meeting (Referred to 11/19/07 P&Z meeting)

6.   Land Development Ordinance Amendments
Purpose: Consider modifications to the Land Development Ordinance (LDO) with regards to the following items. Specific chapters are listed and other related items and sections may also be considered for changes.

Speaker: Ms. Jennifer Currin

Proposed Council action: Refer to September 17, 2007 Planning and Zoning Board meeting (Referred to 9/17/07 P&Z meeting)

7.   ANNEXATION PETITION 07-A-23
Property owner: Cary Creek LTD Partnership
Property location: NE of Cary Glen Boulevard and McCrimmon Parkway
Acreage: 6.86
Zoning: Residential 40 (R-40)
Contiguous to Corporate Limits: Yes
Proposed use: Alston Town Apartments
Speaker: Dan Matthys
Council action: 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.   REZONING 07-REZ-01, Evans Estates Phase 2
Location: 110, 120 and 160 Anita Way
Current zoning: Residential-40
Requested zoning: Residential-12
Acreage: 17.90 acres
Presenter: 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: unanimously recommended approval
Council Action: Council may take action. Due to a valid protest petition, six affirmative votes are required to approve this item. (Denied; granted waiver to allow the applicant to resubmit within a year))

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, August 16, 2007 (any item pulled from the committee consent agenda for discussion [agenda item B.3.] will be discussed during this portion of the agenda) (Mrs. Robison)

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 proactive land banking program to reserve land for future community projects such as parks, open space, community centers, schools, post offices and libraries. Council may take one of two actions: (1) direct staff to prepare a staff report for a future meeting; or (2) decide not to proceed with this council-initiated proposal. (Directed staff to bring a report to a future meeting) 

I.    CLOSED SESSION (called)

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. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.