Agenda & Minutes

Cary Town Council Meeting Minutes

September 9, 2004

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

NOTE: Due to the length of these minutes, they are divided into sections. Click on the appropriate links to view the text of the minutes.

A. COMMENCEMENT

1. Call to Order (Provided)

2. Ceremonial Opening (Provided)

B. CONSENT AGENDA

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 regular town council meeting held on August 26, 2004. (Approved)

b. Consideration of adoption of the Town of Cary's Hazard Mitigation Plan. (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)

a. REZONING 04-REZ-07 / LAND USE PLAN AMENDMENT 04-LPA-04 (Weston Amendment-SBJ)
This request is to amend the conditions for the Weston Planned Development District to allow for residential use. The current land use designation is Office and Industrial, and the proposed land use designation is Low Density Residential. The property contains approximately 39.91 acres. (Approved)

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. Operations Committee consent agenda, September 1, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)

a. FY04 Developer Agreement Update and Annual Reimbursements (EN05-022)
Committee unanimously recommended approval of reimbursements by the Town in accordance with the Transportation Development Fee Ordinance and current developer agreements. (Pulled from consent for discussion; see item H.1.)

b. Early Grading Permit Changes (EN05-030)
Committee unanimously recommended modifying Policy 66 – Issuing Environmental Permits Prior To Official Plan Approval. (Pulled from consent for discussion; see item H.1.)

c. Street Lighting (EN05-032)
Committee unanimously recommended approval of updates to the existing Town of Cary Policy Statement 13, “Street Lighting”. (Approved)

d. Recognition of Funding from Chas. H. Sells, Inc. (EN05-033)
Committee unanimously recommended approval of accepting $47,479.00 from Chas. H. Sells, Inc. to transfer sewer construction work to the Town. (Approved)

e. Disposition of Personal Property (EN05-034)
Committee unanimously recommended adoption of a resolution to dispose of personal property by private negotiation and sale. (Approved)

f. Authority to Issue Permits for Pump Stations (EN05-035)
Committee unanimously recommended approval of an amendment to Chapter 19, Section 25 and Section 26 of the Cary Code of Ordinances, for obtaining delegated authority to issue permits for pump stations. (Approved)

g. Traffic Signal Preemption (FD05-001)
Committee unanimously recommended approval of an agreement with NCDOT to expand Traffic Signal Preemption Opticom Priority Control System to 34 additional intersections within the Town of Cary. (Approved)

h. Buffaloe Tract Revegetation (PL05-005)
Committee unanimously recommended approval of establishing a capital project from which to manage the re-vegetation of property adjacent to Godbold Park (Buffaloe Tract). (Approved)

i. Selection of Design Firm and Transfer of Funds for Walnut Street Park (PR05-006)
Committee unanimously recommended approval of staff’s recommendation to select a firm to master plan, design and administer construction for Walnut Street Park and establish the accounts for this project. (Approved)

j. Trinity Road Widening and Extension Project (EN05-024)
Committee unanimously recommended approval of NCDOT-approved recommendations of how to design/construct the Trinity Road widening and extension project between Cary Towne Boulevard and NC 54/Chapel Hill Road. (Approved)

k. C-Tran Work Session Follow-up Items (PL05-005)
Committee unanimously recommended approval of additional information, Mission and Goals, and public participation program. (Approved)

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

N/A

D. PUBLIC HEARINGS

1. REZONING 04-REZ-13 (Old Apex Road)
This request is to combine 1517 and 1521 Old Apex Road, which are currently zoned Office and Institutional, into one parcel and change the zoning to Office, Research and Development Conditional Use. This request consists of approximately 3.04 acres. (Referred to 11/15/04 Planning & Zoning Board meeting)

2. REZONING 04-REZ-14 / LAND USE PLAN AMENDMENT 04-LPA-10 (M&R Pet Doc, LLC)
This request is to rezone vacant property located 360 feet east of the intersection of Cary Glen Boulevard and Carpenter Fire Station Road from Residential-40 to Office and Institutional Conditional Use. The request also proposes to change the land use designation from Mixed Use to Office and Institutional. This request consists of approximately 1.32 acres. (Referred to 11/15/04 Planning & Zoning Board meeting)

3. REZONING 04-REZ-15 / LAND USE PLAN AMENDMENT 04-LPA-12 (Cary Park Planned Development)
The request is to amend the maximum amount of non-residential and residential development allowed within Tract TC-1 on the Cary Park Planned Development Master Plan. The overall amount of commercial development would be reduced from 210,000 square feet to 200,000 square feet. The amount of Office development would be reduced from 170,000 square feet to no more than five percent of the available commercial square footage. The request would also allow no more than 300 multi-family units within tract TC-1. The request also includes eliminating the minimum density allowed for Tracts MR-5, MR-6 and MR-7. Altering the density range as proposed for tracts MR-5, MR-6 and MR-7 requires an amendment to Cary's Land Use Plan. This request consists of approximately 102.79 acres. The Cary Park planned development is located east of Green Level to Durham Road, north and south of Carpenter Fire Station Road and northeast of Yates Store Road. (Referred to 11/15/04 Planning & Zoning Board meeting)

4. REZONING 04-REZ-16 / LAND USE PLAN AMENDMENT 04-LPA-11 (Weycroft Planned Development)
This request is to rezone property from Residential-40 to Planned Development District Major. The property is located on the west side of Green Level to Durham Road, approximately 1,560 feet south of its intersection with O’Kelly Chapel Road, east of the Amberly Planned Development District. The current land use plan designation is Medium Density Residential and High Density Residential; the requested land use plan designation is Low Density Residential. This request consists of approximately 71.46 acres. (Referred to 11/15/04 Planning & Zoning Board meeting)

5. ANNEXATION PETITIONS
Public hearings and consideration of adoption of annexation ordinances on the following petitions

(a) 04-A-17, SAS Institute and Reedy Creek Investments LLC, 8.30 acres (Approved)

(b) 04-A-18, Roger and Donna D'Jernes and David and Karen Hushek, 2.00 acres (Approved)

(c) 04-A-19, John E. Brown and Starcraft Builders, Inc., 5.49 acres (Approved)

(d) 04-A-20, BMF Partners LLC, 7.43 acres (Approved)

E. PUBLIC SPEAKS OUT (one hour time limit)

See official minutes

F. PLANNING AND ZONING BOARD REPORT (discussion items)

1. LAND USE PLAN AMENDMENT 04-LPA-06 (Southeast Area Plan)
This request is to amend Cary’s Comprehensive Plan, including the area south of U.S. Highway 1/64 and north and east of Southeast Cary Parkway, plus the Buck Jones Road corridor, Walnut Street south of Donaldson Drive, and the area west of Campbell Road and east of and along Holly Springs Road north of Windstream Way. The plan includes recommendations for future land uses, roadways, parks, greenways, and sidewalks. The property contains approximately 2,024 acres. (Approved the plan with Ravenstone and Royce being cul-de-sacs; for Perrana, council voted to either remove the road or cul-de-sac it [to be worked out by Colonial Baptist Church and the residents on Perrana in the future if the church wishes to submit a site plan])

2. REZONING 04-REZ-06 / LAND USE PLAN AMENDMENT 04-LPA-03 (Weston Amendment – Highwoods)
This request is to amend the conditions for the Weston Planned Development District to allow for residential use. The current land use designation is Office and Institutional and Office, Research and Development, and the proposed land use designation is Residential. This property contains approximately 70.10 acres. (Approved parcels 1 and 3; approved parcel 2 with the stipulation that the staff and applicant work together to study pedestrian access along Norwell Blvd. prior to acceptance of the first site/subdivision plan.)

3. ACTIVITY CENTER CONCEPT PLAN PETITION 04-AC-003 (Triangle Aquatic Center)
This request is for approval of an Activity Center Concept Plan to construct an indoor commercial recreation facility consisting of an aquatic center of approximately 70,000 square feet, and conceptual office/retail and residential areas. The property is zoned Office and Institutional and Residential 40 and is designated on the Land Use Plan as Office and Institutional. It is located at the east end of Convention Drive, east of Cary Towne Center. The property contains 21.61 acres. (Approved)

4. SITE PLAN 04-SP-090 (BB&T at Mayfair Plaza)
This request is for approval of a site plan to replace the existing one-story BB&T building containing 2,796 square feet with a new two-story bank building containing 13,762 square feet. The site is located at 924 Kildaire Farm Road and contains 1.23 acres. (Approved with red brick and staff recommendations)

5. SITE PLAN 04-SP-067 (Regency Park – Parcels A and C)
This request is for approval of a site plan for a 10-story office building containing 281,100 square feet of floor area, and a parking garage containing 958 spaces. The parcel is within the Regency Park Planned Development District and contains 5.11 acres. (Approved with staff recommendations)

6. ORDINANCE AMENDMENT

Consideration of repealing the schools adequate public facilities ordinance. (Approved to repeal)

G. TOWN CENTER REVIEW COMMISSION (discussion items)

N/A

H. COMMITTEE REPORTS (discussion items)

1. Operations Committee, September 1, 2004

a. North Cary Water Reclamation Facility Odor Study Results (EN05-029)
Committee unanimously recommended forwarding this item to Council for discussion at the September 9, 2004 meeting. In addition, the committee recommended that the consultant, CDM, present their findings and recommendations at that time. (Approved staff recommendation to defer until the waste biosolids management plan is complete; staff to report back to council in March)

b. FY04 Developer Agreement Update and Annual Reimbursements (EN05-022)
Committee unanimously recommended approval of reimbursements by the Town in accordance with the Transportation Development Fee Ordinance and current developer agreements. (Approved)

c. Early Grading Permit Changes (EN05-030)
Committee unanimously recommended modifying Policy 66 – Issuing Environmental Permits Prior To Official Plan Approval. (Approved)

I. OLD/NEW BUSINESS

1. Transportation Development Fee Ordinance Changes (EN05-028)
The Planning and Development Committee recommended that this item be forwarded for discussion at the August 26, 2004 Council meeting. (This item was tabled at the August 26, 2004 council meeting.) (Approved to have a public hearing; staff to set the date of the hearing)

J. LEGAL AND ADMINISTRATIVE ISSUES

Called

K. ADJOURNMENT

10:56 p.m.