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Cary Town Council Action Agenda
Thursday, June
25, 2009
6:30 p.m.
Council Chambers
316 N. Academy Street, Cary, N.C.
Web Site: www.townofcary.org
A.
COMMENCEMENT
1.
Call to Order
(Provided)
2.
Ceremonial Opening
(Provided)
3.
Adoption of agenda
(Adopted with two amendments: added item C.1., update on the Cary Glen
Blvd/Green Level to Durham Rd intersection; removed item F.1.,
09-REZ-02, Park at Langston, and rescheduled to 8/13/09 council meeting)
B.
CONSENT AGENDA
CONSENT
AGENDA items are items unanimously recommended for approval by all
involved parties. The agenda has three distinct consent agenda: (1)
the regular consent agenda
contains standard items that go directly to council in which staff
unanimously recommends approval; (2)
the land development consent agenda
contains items that have been unanimously approved by Town board(s)/commission(s)
who have a role in the development process and staff and only require a
simple majority vote; and (3)
the planning and development committee
consent agenda contains items that have been unanimously approved by
the appropriate council committee and staff. A
single vote may be taken for the approval of
ALL
consent
agenda items.
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
10, 2009
,
the minutes of the budget work session held on
June
9, 2009,
and the minutes of the special town council meeting held on
June
9, 2009.
(Approved)
b.
Consideration
of approval of the June 2009 tax report.
(Approved)
c.
Receive
information as a follow-up to the
Climate for Student Success Forum that was conducted on
May
11, 2009
. No
council action is necessary.
(Information received; no action necessary)
d.
Consideration
of adoption of a certificate of sufficiency and a resolution calling for a
public hearing to be conducted on
July
23, 2009
on
the following annexation petition:
(1)
Annexation Petition:
09-A-07
Property Owner(s): Marquis Homes & Company
Location: Located at the Pittard Sears Road and O'Kelly Chapel Road
intersection
Acreage: 39.02 plus 0.75
adjacent right of way = 39.77 total deeded acres
Zoning: Residential - Agricultural (RA-40), Chatham County
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Residential Subdivision
Associated Case: 09-CPA-04 (Amberly PDD Amendment); 09-REZ-10 (Pittard
Sears Road)
Speaker: Mr. Wayne Nicholas
(Approved)
(2)
Annexation Petition:
09-A-08
Property Owner(s): SAS Institute, Inc.
Location:
601 SAS Campus Drive
Acreage: 19.57 plus 2.21
adjacent right of way = 21.78 total deeded acres
Zoning: Office/Research and Development (ORD)
Contiguous to Primary Corporate Limits: Yes
Existing Use: Vacant
Proposed Use: Office; Ancillary Use
Associated Case: 09-SP-030 (
SAS
Data
Center
)
Speaker: Mr. Wayne Nicholas
(Approved)
e.
Consideration
of approval of an appropriation of fund balance
from the health and dental self-insurance fund to ensure sufficient
expenditure authority for FY2009.
(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.
COMPREHENSIVE
PLAN
AMENDMENT
09-CPA-02
(Cary Community Arts Center)
Location: 101 Dry Avenue,
115 & 121 Walnut Street, 320 & 328 S. Walker Street
Current Land Use Plan:
Institutional (
INS
), High-Density Residential Garden (
HDR
Garden)
Proposed Land Use Plan:
High-Density Mixed-Use (HMXD)
Acreage: 3.72 ±
Speaker: Mr. Kevin Hales and
Ms. Kelly Commiskey
Planning
and Zoning Board Recommendation:
Unanimous to approve
Recommended Council Action:
Council may take final action
(Approved)
b.
REZONING
09-REZ-04
(Cary Community Arts Center)
Location: 101 Dry Avenue,
115 & 121 Walnut Street, 320 & 328 S. Walker Street
Current Zoning: Town Center (TC)
Current Zoning Subdistrict:
Institutional (
INS
), High Density Residential Garden (
HDR
Garden)
Proposed Zoning: Town Center (TC)
Proposed Zoning Subdistrict:
High Density Mixed Use (HMXD)
Acreage: 3.72 ±
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.
Speaker: Mr. Kevin Hales
and Ms. Kelly Commiskey
Planning and Zoning Board
recommendation: Unanimous to approve
Proposed Council Action:
Council may take final action
(Approved)
3.
Planning and Development Committee,
June 18, 2009
(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)
a.
Request for Reimbursement
Contract – Toscana Subdivision (EN09-097)
Committee unanimously recommended entering into a reimbursement contract
for an extension of an off-site sanitary sewer line to serve the Toscana
Subdivision.
(Approved)
b.
Budget Adjustment:
USDA Planning and Design Funds for Higgins Greenway and Stormwater
Project, Ph
III
(EN09-099)
Committee unanimously recommended adoption of a Budget Ordinance Amendment
and corresponding Budget Adjustment Request to recognize $195,000 in
revenue in the Capital Projects Fund from the USDA and the corresponding
expenditure in the Capital Improvement Budget for the Higgins Greenway and
Stormwater Project, Ph
III.
(Approved)
c.
Expanding the Scope of the
White Oak Creek Greenway Capital Project (PR09-39)
Committee unanimously recommended approval of authorization to expand the
scope of the White Oak Creek Greenway, Ph IV to include the completion of
the greenway, linking it to the American Tobacco Trail.
(Approved)
C.
RECOGNITIONS, REPORTS,
AND
PRESENTATIONS
1. Update on the Cary Glen Blvd/Green Level to Durham
intersection.
(Update
provided)
D.
PUBLIC SPEAKS OUT
(See
official minutes)
E.
PUBLIC HEARINGS
1.
Land
Development Ordinance Amendment – Transportation Development Fees
Subject: Public
hearing to consider adopting an ordinance amendment to Section 7.11 of the
Land Development Ordinance (Transportation Development Fees).
The amendment proposes to change the annual reimbursement amount
from 25 percent to 30 percent of the fees collected.
Proposed Action: Refer to the
July 20, 2009
Planning and Zoning Board
Speaker: Mr. Tim Bailey
(Referred to the 7/20/09 planning and zoning board meeting)
2.
Street
Closing
Subject:
Public hearing to
consider adoption of an Order to close a portion of the right-of-way of
Airgate Drive
in the Airport Gateway
Subdivision.
Proposed Action: Council may
take action.
Speaker: Mr. Tim Bailey
(Approved the staff recommendation to deny this request)
3.
Street
Renaming
Subject:
Public hearing to consider renaming the 9400 to 10300 blocks of
Green Level Church Road to Morrisville Parkway.
Proposed
Action: Council may
take action.
Speaker: Ms. Gina Smith
(Approved)
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
09-REZ-02
(The Park at Langston)
Location:
Westerly
extension of
Truelove Drive
and northerly extension of Forester Lane
Current Zoning: Residential 12
Conditional Use (R-12 CU)
Proposed Zoning: Residential 8
Conditional Use (R-8 CU)
Acreage: 19.81 ±
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.
Speaker: Mrs. Mary Beerman
and Ms. Kelly Commiskey
Planning and Zoning Board recommendation: Voted 5-3 to recommend approval
Proposed council action:
Council may take final action. There is a valid protest petition, which
requires six affirmative council votes to approve the case; simple
majority vote is required to deny the case.
(Removed from this agenda and rescheduled for the 8/13/09 council
meeting)
G.
COMMITTEE REPORTS (discussion
items)
Planning
and Development Committee,
June 18, 2009
(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.
Adequate Public Facilities for Roads (EN09-098)
Committee unanimously recommended that the this item be brought to full
council for discussion focusing especially on Option 5.
(A
council work session will be scheduled)
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.
Fiscal
Year 2010 Budget
Subject: Consideration of adoption
of the Fiscal Year 2010 Budget and the proposed changes to the Budget.
Proposed Council Action:
Council may take final action
Speaker: Mr. Scott Fogleman
(Approved budget and proposed changes)
I.
CLOSED SESSION
(Called)
J.
ADJOURNMENT
(9:33 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.
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.
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