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 August 14, 2008 and the minutes of the work session held on August 12, 2008. (Approved)

b.   Consideration of approval of the August tax report. (Approved)

c.   Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following citizen-initiated annexations:

(1)  Annexation 08-A-10
Property Owner: L & L of Raleigh, Inc.
Property Location: Park at West Lake Subdivision-south of Optimist Farm Road, west of West Lake Road, and northwest of the South Cary Water Reclamation Facility
Acreage: 6.14 plus 1.84 adjacent right of way = 7.98 total deeded acres
Zoning: Residential 30 Wake (R-30W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Residential Subdivision
Associated Rezoning Case: 08-REZ-11 (Park @ West Lake)
Speaker: 08-REZ-11 (Park @ West Lake) (Approved)
 

(2)  Annexation 08-A-11
Property Owner: Towerview Properties, LLC
Property Location: Southwest corner of the Carpenter Fire Station Road and Green Level to Durham Road intersection
Acreage: 1.76 plus 0.46 adjacent right of way = 2.22 total deeded acres
Zoning: Planned Development District with Office designation (OIP)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Bank
Associated Development Plan: 08-SP-050 (Capital Bank @ Cary Park)
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.   Raftery Tract Park Development: 

(1)  ANNEXATION PETITION 08-A-01
Property owners: Town of Cary; 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 right-of-way
Zoning: Residential 40 Wake (R-40W)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed use: Future park and greenway trail
Associated Rezoning Case: 08-REZ-02 (Raftery Property)
Speaker: Mr. Wayne Nicholas
Proposed council action: Council may take action (Approved)

(2)  REZONING 08-REZ-02, Raftery Tract Park
Location: 1,600 feet southeast of Green Level Church Road and White Oak Church Road intersection
Current Zoning: Residential 40 Wake (R-40W)
Proposed Zoning: Resource/Recreation (RR)
Acreage: 115.5 ±
Speaker: Mr. Wayne Nicholas 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: Voted unanimously to recommend approval
Proposed council action: Council may take action (Approved)

b.   REZONING 08-REZ-08, Green Level Church Road Map Correction
Location: 9625, 9648, 9708, and 9716 Green Level Church Road
Current Zoning: Residential 40 (R-40) and Residential 40 (R-40) within the Conservation Residential Overlay District, Very Low Density Conservation Residential sub-district
Requested/Corrected Zoning: Residential 40 (R-40) within the Conservation Residential Overlay District, Low Density Conservation Residential sub-district and Rural sub-district
Affected Acreage: 41.1 ±
Speaker: Mr. Scott Ramage
Proposed council action: Public hearing was conducted at the August 14, 2008 council meeting. Council tabled the item for final vote to occur at the August 28, 2008 council meeting. Council may take action. (Approved)

3.   Planning and Development Committee, August 21, 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.   NCLM Green Challenge (AD09-002)
Committee unanimously recommended adoption of a resolution stating the Town of Cary’s intent to participate in the NC League of Municipalities Green Challenge. (Approved)

b.   Payment-in-Lieu of Road Improvements Request by SAS Institute, Inc. (EN09-018)
Committee unanimously recommended that a right-of-way and easement dedication be required and approval of payment-in-lieu for the thoroughfare improvements along Trenton Road. (Approved)

c.   Request for Waiver from Thoroughfare Improvement Requirements – Progress Energy Amberly Substation (EN09-019)
Committee unanimously recommended requiring right-of-way and easement dedication associated with the proposed Progress Energy Amberly Substation addition, but granting a waiver from requiring construction of the thoroughfare improvements along Carpenter Fire Station Road. (Approved)

d.   Reimbursement Contract: Bradford Sanitary Sewer (EN09-023)
Committee unanimously recommended entering into a reimbursement contract to provide the off-site sanitary sewer service to the Bradford development. (Approved)

e.   Administrative Procedures Surrounding Development Services (FN09-002)
Committee unanimously recommended approval for staff to hire a consultant through a request for proposals for a proposed review of administrative procedures surrounding development services to be funded by a rollover of FY 2008 funds totaling $150,000. (Approved)

f.    Review Officer Authorization (PL09-009)
Committee unanimously recommended approval of the amended list of authorized plat and map Review Officers adding appropriate individual staff to act as authorized Review Officers for the Town of Cary and removing from the list of authorized Review Officers the names of those people no longer employed by the Town and employees who no longer perform Review Officer responsibilities as a result of changing positions or job responsibilities within the Town.  Committee further recommended that Planning staff notify Wake County directly to update titles for designated Review Officers who are promoted or change positions within the Town and continue performing such responsibilities. (Approved)

g.   Donation of Artworks From Cary Visual Art (PR09-003)
Committee unanimously recommended approval to accept the donation of five artworks from Cary Visual Art and to direct staff to secure placements at Town facilities. (Approved)

h.   Russell Hills Rezoning Petition (PL09-008)
Committee unanimously recommended that staff develop new dimensional standards for the TC-LDR District to assure that new residential development is compatible with existing residential development, addressing Russell Hills Subdivision first.  The committee further directed staff to investigate the possibility of a moratorium on further development in this area until the new standards are in place, and requested an update prior to the next council meeting so this item could be pulled for discussion if warranted. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC SPEAKS OUT (see official minutes)

E.   PUBLIC HEARINGS 

1.   SPECIAL USE PERMIT 08-SU-002, Heartwood Montessori School
Property location: 503 Kildaire Farm Road
Current Zoning: Town Center (TC) – Medium Density Residential (MDR)
Request: Approval to convert existing dwelling into classroom
Acreage: 0.29 acres
Speaker: Mr. Kevin Hales
Proposed council action: Council may take action, and then may immediately move to agenda item F.3. and take action on the associated site plan, 03-SP-240-A, Heartwood Montessori School (Approved) 

2.   Fumagalli Subdivision Development

a.   ANNEXATION PETITION 08-A-08
Property Owner: Adelangela Fumagalli
Property Location: Southwest corner of Green Level to Durham Road and Courtland View Lane intersection
Acreage: 12.85
Zoning: Residential 40 (R-40)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Residential Subdivision
Associated Development: Rezoning 08-REZ-09, Fumagalli Subdivision
Speaker: Mr. Wayne Nicholas
Proposed council action: No action is required on August 28, 2008; this annexation will be on a future agenda for action (No action required)

b.   COMPREHENSIVE PLAN AMENDMENT 08-CPA-05, Fumagalli Subdivision
Property Location: Southwest corner of Green Level to Durham Road and Courtland View Lane intersection
Current Land Use: Low Density Residential (LDR)
Proposed Land Use: Medium Density Residential (MDR)
Acreage: 12.85 ±
Speaker: Ms. Meredith Chandler
Proposed council action: Refer to the October 20, 2008 planning and zoning board meeting (Referred to October 20, 2008 planning and zoning board meeting)

c.   REZONING 08-REZ-09, Fumagalli Subdivision
Location: Southwest corner of Green Level to Durham Road and Courtland View Lane intersection
Current Zoning: Residential 40 (R-40)
Proposed Zoning: Transitional Residential Conditional Use (TR-CU)
Acreage: 12.85 ±
Speaker: Mr. Wayne Nicholas
Proposed council action: Refer to the December 15, 2008 planning and zoning board meeting (Referred to December 15, 2008 planning and zoning board meeting)

3.   Villas at Cary Park Development

a.   ANNEXATION PETITION 08-A-07
Property Owners: Thomas E. Seymour, Executor of the Real Estate of Signey W. Seymour, Jr.; Hubert & Peggy Hatcher c/o Thomas E. Seymour; Sidney & Rebecca Hatcher c/o Thomas E. Seymour
Property Location: 4501 Cary Glen Boulevard
Acreage: 28.00
Zoning: Residential 40 (R-40) within the Mixed Use Overlay District
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Residential Subdivision
Speaker: Mr. Bob Benfield
Proposed council action: No action is required on August 28, 2008; this annexation will be on a future agenda for action (No action required)

b.   MIXED USE SKETCH PLAN 08-MU-003, Villas at Cary Park
Property Location: East of Cary Glen Boulevard, approximately 800 feet south of the intersection of Carpenter Fire Station Road and Cary Glen Boulevard
Current Zoning: Residential 40 (R-40) within the Mixed Use Overlay District
Request: Mixed Use Sketch Plan to allow a residential multi-family use
Acreage: 28.00 ±
Speaker: Mr. Bob Benfield
Proposed council action: Refer to the November 17, 2008 planning and zoning board meeting (Referred to November 17, 2008 planning and zoning board meeting)

4.   PUBLIC HEARING ON THE PARTF GRANT CONVERSION PROJECT
Subject: Public hearing to receive comments on a Town of Cary grant conversion proposal. The Town of Cary received a grant from the North Carolina Park and Recreation Trust Fund (PARTF) for the purchase of 1.43 acres at 325 South Academy Street. These 1.43 acres were originally part of the approved concept plan for the Town Center Park adopted in 2002. However, in 2006 the Town Center Civic and Cultural Arts Study and the Town Center Streetscape Plan revised the proposed use for a portion of these 1.43 acres to a vehicular square including right of way and streetscape area. The use for the 1.43 acres no longer meets the criteria for a PARTF grant, which requires that the land be used for public park purposes. In coordination with the North Carolina Division of Parks and Recreation, the Town of Cary proposes to transfer this grant to a future neighborhood park site located at the southeast corner of Louis Stephens Road and Morrisville Carpenter Road. This neighborhood park site is approximately 16 acres in size, and is not currently budgeted or scheduled for development. This transfer process will take approximately six months to complete.
Speaker: Mrs. Mary Henderson
Proposed council action: No action required at this meeting; this item will be placed on the September 11, 2008 council meeting agenda for final action (Referred to September 11, 2008 council meeting for final action)

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-11, Swift Creek Shopping Center
Property Location: Southeast intersection of Holly Springs Road and Jones Franklin Road, immediately west of Swift Creek Shopping Center
Current Land Use: Mixed Use (MXD) and Medium Density Residential (MDR)
Proposed Land Use: Mixed Use (MXD) with Modification to Land Use Note #18
Acreage: 14.25 ±
Speaker: Mr. Scott Ramage and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: Voted 8-1 to recommend approval
Proposed council action: Council may take action (Approved)

2.   COMPREHENSIVE PLAN AMENDMENT 08-CPA-01
Property Location: Southeast quadrant of the intersection of Macedonia Road and Walnut Street
Current Land Use Plan: Medium Density Residential (MDR) to High Density Residential (HDR)
Proposed Land Use Plan: Office/Institutional and Commercial (OFC/INS and COM)
Acreage: 7.94 ±
Presenter: Mrs. Anna Readling and Ms. Kelly Commiskey
Planning and Zoning Board Recommendation: Voted 6-3 to recommend denial
Proposed council action: council may take action (Approved)

3.   SITE PLAN 03-SP-240-A, Heartwood Montessori School
Property location: 503 Kildaire Farm Road
Request: The applicant, Heartwood Montessori School, requests Town Council consideration of a site plan entitled Heartwood Montessori School to convert a detached dwelling into classroom space.
Speaker: Mr. Kevin Hales and Ms. Julia Rudy
Town Center Review Commission Recommendation: Voted unanimously to recommend approval
Proposed council action: Council may take action immediately after taking action on the associated special use, which is item E.1. on this agenda (08-SU-002) (Approved)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, August 21, 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.   Design for Public Art Gateway Feature to Replace Water Tower (PR09-007)
Committee unanimously recommended that the design concept for a public art gateway feature to replace the water tower at Kildaire Farm Road and Pleasants Avenue be presented to full council for discussion. (Did not accept the art recommendation; referred back to the public art advisory board with instructions for them to come up with something that is more traditional in materials and appearance)

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 council-initiated request from Council Member Robinson and co-sponsored by Council Member Frantz to begin the process of having Cary staff assist the council in working with the City of Raleigh, Wake County, and State legislators to redefine the distribution formula for the Food and Beverage tax and the Occupancy tax. The council may take one of the following actions: (1) Discuss the issue and take action at the meeting if no information is required from staff and if council does not seek public input; (2) refer the request to the appropriate council or committee meeting, at which time a staff report with staff recommendation will be prepared; or (3) decide not to pursue the council-initiated request. (Tabled to the September 11, 2008 council meeting)

I.    CLOSED SESSION (Called; following closed session the council voted to appoint Ben Shivar as the interim town manager effective October 17, 2008, and he will serve in that capacity until the position is filled. Additionally,  the council voted to seek candidates to fill the town manager position, and they asked and encouraged Mr. Shivar to be one of those candidates. The human resources director will provide information to the council about search options and costs prior to the September 11, 2008 council meeting, and the council will address this issue at that meeting.)

J.   ADJOURNMENT (11:16 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.