minutes (Action taken by council is noted in bold red text next to each item. Due to the length of the minutes, they've been separated into sections to match the agenda. Click on the portion of the minutes you'd like to see.)

A.  COMMENCEMENT

1.    Call to Order (Provided)

2.    Ceremonial Opening (Provided)

B.  CONSENT AGENDA

CONSENT AGENDA items are items unanimously recommended for approval by all involved parties. The agenda has four distinct consent agenda: (1) the regular consent agenda contains standard items that go directly to council in which staff unanimously recommends approval; (2) the planning and zoning board consent agenda contains items that have been unanimously approved by the planning and zoning board and staff and only require a simple majority vote; (3) the town center review commission consent agenda contains items that have been unanimously approved by the town center review commission and staff and only require a simple majority vote; (4) the 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 beginning of the old/new business portion of the agenda)

a.   Consideration of approval of the minutes of the capital budget work session held on May 12, 2004 and the regular town council meeting held on May 13, 2004  (Approved)

b.   Consideration of appointment of Henry Dean Smith to the Information Services Advisory Board to fill an unexpired term, which will expire on February 1, 2006   (Approved)

c.   Consideration of adoption of the tax report approved by the Wake County Commissioners on May 3, 2004 (Approved)

d.   Consideration of adoption of a resolution to encourage and support the construction and operation of triangle parkway (North Carolina 147 southern extension between I-40 and I-540) as a new turnpike route (Approved)

2.   Planning and Zoning Board Consent Agenda (any planning and zoning board consent agenda item pulled for discussion will be discussed at the beginning of the planning and zoning board’s discussion portion of the agenda)

 N/A

3.   Town Center Review Commission Consent Agenda (any town center review commission consent agenda item pulled for discussion will be discussed at the beginning of the town center review commission’s discussion portion of the agenda)

N/A

4.   Planning and Development Committee consent agenda, May 20, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)  

a. Consent Agenda

(1)  Contract for Legislative Lobbying (AD04-015)

Committee recommended retaining Parker, Poe, Adams and Bernstein to represent the interests of the Town of Cary in the North Carolina legislature. (Approved)

 

(2)   2503 Ten Ten Road – Request Waiver of Thoroughfare Improvements and Right-of-way Dedication (EN04-086)

Committee recommended waiving thoroughfare improvements and right-of-way dedication associated with anticipated site plan submission for car wash addition to the site. (Table until the 6/17/04 Planning and Development Committee meeting)

 

(3)  Bishop’s Gate PDD – Request to Modify Zoning Condition (EN04-088)

Committee recommended modifying the zoning condition limiting the number of certificates of occupancy to 100 until Westhigh Street is completed to Davis Drive (across CSX Railroad). (Approved)

 

 (4)  Illegal Clearing of Town Property (Buffaloe Tract) Adjacent to Godbold Park (PL04-061)

Committee recommended staff’s recommendations for resolution. (Approved)

b. For Information (no council action required)

(1). Junk Vehicle Removal (PL04-058)

Report on new procedure for removal of nuisance and aesthetic nuisance (junked) vehicles from the Town limits   (For information only; no action required ) 

C.  RECOGNITIONS, REPORTS, AND PRESENTATIONS

1.   Consideration of adoption of a resolution to name the Koka Booth Amphitheatre at Regency Park (Approved)

D.  PUBLIC HEARINGS

1.    Public hearing to consider renaming Reedy Creek Church Road to Research Drive. (Approved)

2.   04-LPA-03 (Weston Planned Development District Amendment-Highwoods): Request by the applicant, Withers and Ravenel, Inc., on behalf of the owners, Highwoods Realty, LP, to amend the land use plan as a result of a request to rezone approximately 78.34 acres within the Weston Planned Development District from Office and Institutional and Planned Employment Center to allow for residential use. (Referred to the 7/19/04 Planning and Zoning Board meeting)

3.   04-LPA-04 (Weston Planned Development District Amendment-SBJ): Request by the applicant, SBJ Growth Limited Partnership, to amend the land use plan as a result of a request to rezone approximately 39.91 acres of land within the Weston Planned Development District from Planned Employment Center to allow for residential use. (Referred to the 7/19/04 Planning and Zoning Board meeting)

4.   04-LPA-05 (Southwest Area Plan) Request to amend Cary’s long-range Land Use Plan for an area of approximately 5,700 acres bordered generally by North Carolina 55 to the east, Roberts Road and Green Level Road West to the south, and the Chatham County line to the west.  The proposed amendment includes a mix of land uses including commercial, office, institutional, and medium and low density housing. (Referred to the 6/21/04 Planning and Zoning Board meeting)

5.   Public hearing on the following annexation petitions:

a.   04-A-07; John A. Powell; 3825 Ten Ten Road; located 300 feet southeast of intersection of Ten Ten Road and Den Heider Way, 54.00 acres (Tabled until the 6/10/04 Council meeting.)

b.   04-A-08; Stone Creek Village LLC; 2125 High House Road; located at intersection of High House Road and Davis Drive, 56.02 acres (Approved)

c.   04-A-09; William B. Upchurch; 0 Louis Stephens Drive; located 380 feet south of intersection of Carpenter Upchurch Road and Louis Stephens Drive, 0.53 acres (Approved)

d.   04-A-11; ITAC 65, LLC; 10500 World Trade Boulevard; located 3,020 feet south of intersection of Globe Road and World Trade Boulevard, 18.09 acres (Tabled until the 8/12/04 Council meeting)

6.   Public hearing to consider  as follows: town center signage, adequate public facilities for schools, procedure for development plans in the town center district, adult day care, timing of submission of conditions for planned developments, survey requirement, tree protection fencing, severe pruning, storm water devices on residential properties in town center district, minor modifications-approved site plans, add activity center concept plan and minor alterations processes to table 2.1-1, activity center concept plan protest petition language, appeals to the zoning board of adjustment–civil fines, minor text change–telecommunications facilities, minor text change–accessory uses and structures, duration of development plan approval. (Referred to the 6/21/04 Planning and Zoning Board meeting)

E.  PUBLIC SPEAKS OUT (one hour time limit)

The public is invited to speak on any topic not on this agenda.  Comments should be limited to less than three minutes, and speakers should avoid repetition.  All speakers should print their names on a form provided by the town clerk immediately after speaking. (See official minutes)

F.  PLANNING AND ZONING BOARD REPORT (discussion items)

N/A

G. TOWN CENTER REVIEW COMMISSION (discussion items)

N/A

H.  COMMITTEE REPORTS (discussion items)

1.    Planning and Development Committee, May 20, 2004

(a)  Highland Oaks Subdivision - Request to make Payment-in-lieu of Improving High House Road (EN04-085)
Committee recommended forwarding this item to Council for discussion. Committee members Roseland and Robison recommended approval of this item.  Mr. Joyce recommended denial of this item. (Approved)

(b)  Cary Clean Indoor Air Recognition Awards (AD04-011)
Committee recommended partnering with the Wake County Health Department to implement a promotional program that recognizes Cary restaurants, bars, and taverns that voluntarily restrict and limit smoking.  Mr. Joyce indicated that he would like the report to clearly state that this program will not impact the Town’s budget.  Committee recommended forwarding this item to Council for discussion. (The Town will provide a limited campaign in which information is provided to developers and builders about ventilation systems limiting smoke movement within a  facility, also allowing Wake County to use the Town’s privilege license to convey information about smoke free environments to businesses, and including a plan to use the 2006 biennial survey to receive input from citizens on smoking. The Town will also work with the Wake County Health Department to provide a link on the Town's web site to smoke free restaurants.)

(c)  Transportation Development Fee Changes (EN04-089)
Committee unanimously recommended forwarding this item to Council for discussion. (Approved with the focus on zone simplification in a demand driven system.)

I.   OLD/NEW BUSINESS

1.   04-REZ-02 (Powell/Ten-Ten): Application by Elam Todd d’Ambrosi on behalf of Windjam Development to rezone approximately 54 acres located at 3525 Ten Ten Road and a tract north and east of 3825 Ten Ten Road. The land is currently zoned Residential-40 ( Wake County ) and is proposed for rezoning to Residential-12 Conditional Use. (This item was tabled at the 5/13/04 meeting) (Tabled until the 6/10/04 Council meeting.)

2.    Presentation of the Fiscal Year 2005 proposed Operating and Capital Budget documents (Presented)

J.  LEGAL AND ADMINISTRATIVE ISSUES

Closed session will be called if necessary. (Called)

K.  ADJOURNMENT (11:16 p.m.)

 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) 460-4941. Visit our Web site at www.townofcary.org for more detailed information about each agenda item.

Refer to Cary TV 11 for the rebroadcast schedule.