A.   COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

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

At the request of the applicant, the council is asked to remove item F.1., Comprehensive Plan Amendment 07-CPA-04, Indian Wells from this agenda and reschedule it for the October 11, 2007 council meeting.

At the request of the applicant, the council is asked to remove item F.2., MIXED USE SKETCH PLAN 07-MU-02, Tryon Village MUSP Amendment, from this agenda and reschedule it for the October 25, 2007 council meeting.

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 September 11, 2007. (Approved)

b.   Consideration of a waiver to allow Helen Hutchings to continuing serving on the Information Services Advisory Board. (Approved)

c.   Consideration of adoption of the September 2007 tax report. (Approved)

d.   Consideration of adoption of a certificate of sufficiency and a resolution calling for a public hearing on the following citizen-initiated annexation. (Approved)

      ANNEXATION PETITION 07-A-25
Property addresses: intersection of O'Kelly Chapel Road and Green Level to Durham Road
Acreage: 84.22 plus 3.48 adjacent right of way = 87.70 total acres
Zoning: Residential 40 (R-40); Residential Multi-Family in a Planned Development District (RMFP)
Contiguous to Corporate Limits: Yes
Proposed use: Residential Single Family in a Mixed Use Overlay District
Associated development: 07-SB-004 (Evans Farm Subdivision) 
Speaker: Mr. Dan Matthys

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 Westlake

(1)  ANNEXATION PETITION 07-A-18
Property 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 acres of right-of-way
Zoning: Residential 30 Conditional Use Wake (R-30CUW)
Contiguous to Corporate Limits: Yes
Associated Rezoning Case:  07-REZ-08 (Park at Westlake)
Proposed use: Residential Subdivision
Speaker: Mr. Dan Matthys
Council Action: council may take action (the public hearing was conducted on July 26, 2007) (Approved)

(2)  REZONING 07-REZ-08, Park at Westlake
Location: Southwest of the Optimist Farm and West Lake Roads, intersection and northwest of the South Cary Water Reclamation Facility
Current zoning: Residential-20 Conditional Use Wake County (R-20 CU W) and Residential-30 Wake County (R-30 W)
Requested zoning: Resource/Recreation (R/R), Transitional Residential (TR) and Residential-12 (R-12)
Acreage: 23.78 ±
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 to approve
Council Action: council may take action (Approved)

b.   Rezoning 07-REZ-09, Batchelor Property/Prentiss Creek
Location: west of Highcroft Planned Development District and south of Green Hope School Road
Current zoning: Residential-40
Requested zoning: Residential-12 Conditional Use and Transitional Residential Conditional Use
Acreage: 54.36
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 to approve
Recommended Council Action: council may take action (Approved)

3.   Planning and Development Committee, September 20, 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.   Symphony Lake Stormwater Discharge Easement (EN08-035)
Committee unanimously recommended approval of the Symphony Lake Stormwater Discharge Easement and recognition of the $17,658.17 payment as miscellaneous revenue within the General Fund. (Approved)

b.   Status Report on the Housing Rehabilitation Program (PL08-011)
Committee unanimously recommended appropriation of $100,000 from the general fund fund balance to the housing rehabilitation program and to consider providing additional funds for FY2008.  Committee further directed staff to bring back to the committee a 5-10 year schedule to identify, prioritize and address unmet needs of the community and to seek out additional grants and other sources of available funding. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D.   PUBLIC HEARINGS

1.   Copperleaf Planned Development 

a.   Annexation 07-A-24
Property owner: Derby Downs, LLC
Property address: 9837 Green Level Church Road
Acreage: 3.99
Zoning: Residential 40 Wake (R-40W)
Contiguous to Corporate Limits: Yes
Proposed use: Single-family detached homes
Associated Rezoning Case: 07-REZ-18 (Copperleaf PDD Amendment)
Presenter: Mr. Dan Matthys
Suggested council action: No action required; this item will be on a future council agenda with the associated rezoning for final action 

b.   REZONING 07-REZ-18, Copperleaf Planned Development District (PDD) Amendment
Location: 9837 Green Level Church Road
Current zoning: Residential-40 Wake County (R-40W)
Request: Amendment to add 4 lots
Acreage: 3.99 ±
Presenter: Ms. Jennifer Currin
Recommended Council Action: Refer to the November 19, 2007 Planning and Zoning Board meeting (Referred to 11/19/07 P&Z meeting)

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-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
Planning and Zoning Board Recommendation: 7-2 to approve without staff’s recommended text change
Recommended Council Action: Council may take action (Removed from agenda and rescheduled for 10/11/07 council meeting)

2.   MIXED USE SKETCH PLAN 07-MU-02, Tryon Village MUSP Amendment
Location: West side of Walnut Street south of Centrum at Crossroads
Current zoning: Residential-40 (R-40) in the Swift Creek Overlay District
Request: Amend MUSP to add Office/Warehouse uses
Acreage: 2.79 ±
Presenter: Ms. Jennifer Currin
Planning and Zoning Board Recommendation: unanimous to approve
Recommended Council Action: council may take action; there is a valid protest petition on this case, so six affirmative votes are required to approve, and simple majority vote is required to deny (Removed from agenda and rescheduled for 10/25/07 council meeting)

G.   COMMITTEE REPORTS (discussion items)

Planning and Development Committee, September 20, 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.   Rezoning Waiver Request – Davis Drive Property (PL08-009)
Committee unanimously recommended approval of a request for a waiver of the one-year waiting period for a new rezoning submittal for the property withdrawn from the 07-REZ-12 application and an additional parcel southwest of the Morrisville Parkway and Davis Drive intersection.  A “supermajority” vote (3/4) of Council is needed to grant this request. Council may take action. (Approved)

2.   Tree Preservation, Mass Grading and Slab Construction (PL08-010); council may take action. (Approved committee's recommendations on tree preservation, mass grading and slab-on-grade construction; approved a 9-member task force to be appointed by staff including: 2 Members of the Developer Focus Group, 2 Members of the Planning & Zoning Board, 1 Representative from the NC State Department of Forestry and Environmental Services Department, 1 Member of Town Council, and 3 Cary citizens [3 Cary citizens will be selected from 2006-2007 board/commission applications on file in the clerk's office]; task force recommendations will be brought back to staff within 60 days from its formation.)
Ad hoc Task Force
Committee directed staff to develop a schedule and framework for an ad hoc Task Force, composed of developers and residents, for council review at the September 27 Town Council meeting.  Committee further directed that the Task Force bring recommendations back to staff within 60 days from its formation.
Tree Preservation
Committee unanimously recommended moving forward with proposed amendments to the LDO regarding thinning of existing trees from streetscapes and preservation of existing streetscape and buffer vegetation.  With respect to the percentage of existing/proposed trees on each site, the committee further recommended moving forward with Option A in the next round of LDO amendments and to establish a Stakeholder Group, or Task Force, to examine Option B.  In addition to Option B, the group would explore and recommend capital funding methods for area reforestation opportunities.
Mass Grading
Committee unanimously recommended amending the LDO to eliminate the ability to grade sites without a proposed development plan without reasonable justification.  Committee further recommended that staff direct the task force to analyze the proposed changes to LDO language concerning limited time of exposure versus a phased grading plan and to bring their findings and a recommendation back to the Committee.  Committee also asked that staff bring Standard Policy 66 (Early Grading Permits) back to the Committee for analysis and direction on whether or not it should be discontinued. Committee further directed staff to continue to examine the legal authority for mass grading regulations.
Slab-on-Grade Construction
Committee unanimously recommended amending the LDO to add proposed language limiting grading on single-family construction to no more than 3' of natural contour and asked that the task force be directed to analyze and make a recommendation concerning the option of not allowing slab-on-grade construction where natural grades are 5% or more. 

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.   Update on council's August 23, 2007 request for staff to look at all available resources for the purpose of banking land for community purposes. Council may take action. (Authorized staff to begin the development of a comprehensive land banking program to include goals of the program, priorities, specific objectives, funding mechanisms, long term uses of the land, liquidation procedures when sites are needed for other public uses in the future, and other key criteria for success.  Depending upon the breadth of the program and comparative information needed, the use of a consultant may be needed. Directed staff to bring this information back to the council within 30-60 days, at which time the council will discuss funding mechanisms and will conduct a public hearing.)

2.   Consideration of the Town of Cary's annexation moratorium for properties in Chatham County. Council may take action. (Approved staff's recommendation to continue the stay on annexations until June 30, 2008.  This will provide sufficient time to: enable Chatham County to proceed with the various planning and regulatory initiatives set to be completed by June 3, 2008; and hire consultants to conduct an analysis of the relative stormwater runoff water quality impacts of the alternative land uses proposed by the Chatham County Commissioners on May 7, 2007, versus those of the joint staff plan developed in February 2007; and schedule and conduct a Town Council work session.)

I.    CLOSED SESSION (not called)

J.   ADJOURNMENT (7:42 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.