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 joint work session with the Wake County School Board held on September 24, 2007 and the minutes of the regular town council meeting held October 11, 2007. (Approved)

b.   Consideration of designating Julie Robison as the Town's official voting delegate at the National League of Cities Congress of Cities and Exposition Annual Business Meeting that will be conducted on November 17, 2007. (Approved)

c.   Consideration of adoption of the October 2007 tax report. (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)

N/A

3.   Planning and Development Committee, October 17, 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.   Town Recognized Events List Update (PL08-015)
Committee unanimously recommended adding the HBA Home Remodelers Tour to the list of Town Recognized Events in conjunction with the The Raleigh/Wake County Home Builder’s Association’s Parade of Homes. (Approved)

b.   Policy Statement 66 – Early Grading Permits (EN08-041)
Committee unanimously recommended that Policy Statement 66 – Issuing Environmental Permits Prior to Official Plan Approval (early grading permit) remain in place as written but asked that the issue be addressed by the ad hoc task force that is reviewing tree preservation, mass grading and slab-on-grade construction. (Approved)

c.   Site Plan Payment-in-Lieu of Road Improvements Request - Islamic Activity Center (EN08-043)
Committee unanimously recommended that the additional widening and right-of-way dedication along West Chatham Street and the installation of curb and gutter along Trimble Avenue be required in compliance with the Town’s Comprehensive Transportation Plan and requested that the applicant work with staff to identify any areas where a waiver could be justified and, if so, bring that request back to council. (Approved)

C.   RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Presentation of Cary Band Day Proclamation (Presented)

D.   PUBLIC HEARINGS

1.   Public Hearings on Citizen Initiated Annexations:

a.   ANNEXATION PETITION 07-A-22
Property owners:  Joseph Camberato and Jan Warm
Property address: 130 Harmony Hill Lane
Acreage:  3.26
Zoning:  Residential 40 (R-40)
Contiguous to Corporate Limits:  Yes
Proposed use:  Residential Single Family
Associated Development:  None
Presenter:  Mr. Dan Matthys
Council Action:  Council may take action (Approved)

b.   ANNEXATION PETITION 07-A-25
Property owners:  Glenn Futrell; O'Kelly Durham Associates, LLC
Property addresses: 111, 123 Evans Farm Road; and other unaddressed properties
Acreage:  84.22
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:  None
Presenter:  Mr. Dan Matthys (Approved)
Council Action:  Council may take action.  

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
(Approved with staff's proposed modification to the geographic extent of Note #19 on Map 1 of the Northwest Area Plan, and with staff's recommended text changes to Note #19: 
     a) Amend Map 1 of the Northwest Area Plan so that the geographic area covered by Note #19 be extended to cover the subject parcels of the Indian Wells and Wackena Road neighborhood as well.  
     b) Amend the text of Note #19 on Map 1 of the Northwest Area Plan as follows, in order to (1) provide greater clarity, and (2) to use the new residential categories defined in the Land Development Ordinance (LDO) since July 2003, rather than the categories used in the old Unified Development Ordinance (UDO) prior to 2003.  

Note #19:  "Housing within this area, taken as a whole, should have a substantial mix of at least two or more of the following residential use types:  detached, duplex, or patio dwelling, semi-detached/attached dwelling, and/or townhouse.  There should also be a variety of lot sizes, and an overall density of about 3-8 dwellings/acre."  In the event of single family detached housing no mix shall be required.)

G.  COMMITTEE REPORTS (discussion items)

Planning and Development Committee, October 17, 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)

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)

N/A

I.    CLOSED SESSION (not 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.

Council meetings are broadcast live on Cary TV 11 the night of the meeting and are rebroadcast the Friday following the meeting at 9:30 a.m., the Saturday following the meeting at 6:30 p.m., and the Sunday following the meeting at 2 p.m.