Agenda & Minutes

Cary Town Council Meeting Minutes

Thursday, November 18, 2004

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

(Due to the length of these minutes, they are divided into agenda categories. Click on the appropriate link to view specific sections of 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 October 28, 2004; the minutes of the work session held on October 26, 2004; the minutes of the special meeting held on November 5, 2004; the minutes of the work session held on November 9, 2004; and the minutes of the special meeting held on November 9, 2004. (Approved)

b. Consideration of approval of the tax report adopted by the Wake County Board of Commissioners on November 3, 2004. (Approved)

c. Consideration of conveyance of an access easement from the Town of Cary to the Trust for Public Land. (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. Operations Committee Consent Agenda, November 3, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)

a. NC55 Water Line Phase II (EN05-036)
Committee unanimously recommended changing the scope of the NC55 Water Line Phase II capital project (WT1097). (Approved)

b. Town Clock Relocation (EN05-042)
Committee unanimously recommended approval of relocating of the Town clock related to traffic signal revisions at the Intersection of Chatham Street and Academy Street. (Approved)

c. High House Road Widening Project Condemnation Resolutions (EN05-043)
Committee unanimously recommended approval of adoption of condemnation resolutions for the High House Road Widening Project. (Approved)

d. Developer Funding for Additional Davis Drive Widening Improvements
(EN05-044)
Committee unanimously recommended recognition of a payment of $15,874 from the developers of Morrisville Market for additional improvements to Davis Drive. (Approved)

e. Addition to Standard Specifications Manual (EN05-046)
Committee unanimously recommended adding detail drawings to the Standard Specifications Manual that provide further explanation and emphasis to the existing Cross-Connection Control Ordinance. (Approved)

f. Summerwinds I & II: Petition for Water and Sewer Service (EN05-047)
Committee unanimously recommended accepting a petition submitted by the residents of Summerwinds I and II requesting municipal water and sewer service. (Approved)

g. Batchelor Branch Greenway Project Condemnation Resolutions (EN05-048)
Committee unanimously recommended adoption of condemnation resolutions for the Batchelor Branch Greenway project. (Approved)

h. Parking on Benwell Court (PD05-003)
Committee unanimously recommended prohibitions of parking between certain hours on Benwell Court. (Approved)

i. Prohibited Parking on Village View Lane, Commons Walk Circle, and North Dixon Avenue (PD05-004)
Committee unanimously recommended approval of the addition of the indicated street locations to the municipal Code of Ordinances pertaining to the prohibition of parking on certain streets. (Approved)

j. FY 2005 Sidewalk Priority List (PL05-013)
Committee unanimously recommended approval of staff’s recommendation of sidewalk requests to determine which sidewalks will be included in this year’s funding. (Pulled from the consent agenda for discussion; refer to item H.1.a. on this agenda for action)

k. Bridge Alternatives for Town Funded Bridge Projects (EN05-045)
Committee unanimously concurred with staff returning to a future operations committee meeting 1) with alternatives for rail enhancement to the High House bridge, and 2) with options to incorporate public art and alternatives for a more traditional bridge design for the Morrisville Parkway bridge. (Approved)

l. Rejection of Bids for Crescent Concession Upgrade at the Koka Booth Amphitheatre (PR05-010)
Committee unanimously recommended rejecting bids for the Crescent Upgrade Capital Project and reallocating funds to address drainage issues. (Approved)

m. Bid Rejection: USA Baseball National Training Center at Thomas Brooks Park (PR05-011)
Committee unanimously recommended rejecting bids for the baseball complex and authorization to re-bid the project. (Approved)

n. Proposal for Services To Guide Cary Through the Utility Merger Process (PWUT05-006)
Committee unanimously recommended approval of a professional services agreement with CH2M Hill to guide Cary through the process of merging Morrisville’s water and sewer system with the Cary water and sewer system. (Approved)

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

Recognition of the red ribbon poster contest winners. (Recognized)

D. PUBLIC HEARINGS

1. Special Use 04-SU-007 (Hopewell Academy, 3300 Green Level West Road)
All persons who wish to speak during this public hearing must be administered an oath by the town clerk prior to speaking.
Public hearing and consideration of a request to grant a special use permit to operate a private school on a parcel of land of less than 20 acres, which is zoned Residential-40 and is located at 3300 Green Level West Road. (Approved)

2. Special Use 04-SU-009 (8260 Chapel Hill Road)
All persons who wish to speak during this public hearing must be administered an oath by the town clerk prior to speaking.
Public hearing and consideration of a request to grant a special use permit to operate a kennel with outdoor facilities on a 0.81 acre parcel of land, which is zoned Town Center, Commercial District, and is located at 8260 Chapel Hill Road. (Approved)

3. Rezoning 04-REZ-21 / Land Plan Amendment 04-LPA-16 (Cary Alliance Church)
Public hearing on a request to rezone property and amend the Land Use Plan. The property is currently zoned Residential-30 Wake County and is proposed to be rezoned to Office and Institutional Conditional Use District. The current Land Use Plan designation is low density residential and is proposed to be changed to office and institutional. The property is comprised of 20.21 acres and is located at 4108 Ten Ten Road, southwest of the intersection of Ten Ten Road and Dutch Creek Drive. (Referred to 1/18/05 Planning & Zoning Board meeting)

4. Rezoning 04-REZ-22 (Reedy Creek Road)
Public hearing on a request to rezone property. The property is currently zoned Residential 40 and is proposed to be rezoned to Residential-12 Conditional Use. The property is comprised of 4.9 acres and is located on the west side of Reedy Creek Road, approximately 600 feet north of the intersection with Dynasty Drive. (Referred to 1/18/05 Planning & Zoning Board meeting))

5. Rezoning 04-REZ-23 (Lowe’s Home Center Planned Development Amendment)
Public hearing on a request to amend the conditions of the Lowe’s Home Center Planned Development District. Specifically, the request proposes to amend two of the twenty zoning conditions to allow for an outparcel to be utilized as a grocery store. The property is comprised of 1.95 acres and is located at 1904 NW Maynard Road. (Referred to 1/18/05 Planning & Zoning Board meeting)

6. Land Development Ordinance Amendments
Public hearing to consider amendments to the Land Development Ordinance. Major changes are proposed to the following sections: political signs; agri-tourism; single family in activity centers; thoroughfare overlay; notice requirements; general appeals of enforcement decisions; aesthetic nuisance and nuisance vehicles in all zoning districts; parking on residential lots; freestanding telecommunication facilities; financial guarantees; and allowable Best Management Practices. Minor changes are proposed to the following sections: signs; child care; definitions; substantive amendments to the Comprehensive Plan; off-street parking; watershed protection overlay; temporary uses; graphics; screening; permitted uses; time for installation of required landscaping; development prohibited; and exemptions. (Referred to 12/20/04 Planning & Zoning Board meeting)

7. Annexations
Public hearings and consideration of the following annexation petitions:

(a) 04-A-23A, Braswell Construction Company, intersection of West Lake Road and Fairview Road, including the following addresses on Capulin Crest Drive: 7101, 7124, 7000, 7364, 7381, and 7412, 15.12 acres plus 4.12 acres of right-of-way (Approved)

(b) 04-A-23B, Kodiac Enterprises, Inc., intersection of West Lake Road and Fairview Ridge Lane, including the following addresses on Capulin Crest Drive: 7004, 7008, 7100, and 7360 and 5005 Serene Forest Drive, and 5105 Dove Forest Lane, 15.12 acres plus 4.12 acres of right-of-way (Approved)

(c) 04-A-23C, Huntley Design Build, Inc., intersection of West Lake Road and Fairview Ridge Lane, including the following addresses on Capulin Crest Drive: 7353, 7120, 7121, 7113, 7416, and 7400, 15.12 acres plus 4.12 acres of right-of-way (Approved)

(d) 04-A-23D, Kerr-Smith Homes & Land, Inc., intersection of West Lake Road and Fairview Ridge Lane, including the following addresses on Capulin Crest Drive: 7376, 7368, 7373, 7369, 7001, 7005, 7108 and 5009 Serene Forest Drive, 15.12 acres plus 4.12 acres of right-of-way (Approved)

(e) 04-A-23E, Armstrong Custom Homes, Inc., intersection of West Lake Road and Fairview Ridge Lane, including the following addresses on Capulin Crest Drive: 7380, 7112, 7109, 7105, 7361, and 7357, 15.12 acres plus 4.12 acres of right-of-way (Approved)

(f) 04-A-23F, Custom Construction, Inc., intersection of West Lake Road and Fairview Ridge Lane, including the following addresses on Capulin Crest Drive: 7384, 7401, 7408, 7116, and 7125, 15.12 acres plus 4.12 acres of right-of-way (Approved)

(g) 04-A-23G, Heavenly Homes, intersection of West Lake Road and Fairview Ridge Lane, including the following addresses on Capulin Crest Drive: 7372, 7365, 7405, 7404, 7104, and 7117, 15.12 acres plus 4.12 acres of right-of-way (Approved)

(h) 04-A-24A, Larry and Esther Rigsbee, 7641 Carpenter Fire Station Road, 3.92 acres (Approved)

(i) 04-A-24B, James W. Britt & Mary R. Lorscheider, 7629 Carpenter Fire Station Road, 3.92 acres (Approved)

E. PUBLIC SPEAKS OUT (one hour time limit)

See official minutes

F. PLANNING AND ZONING BOARD REPORT (discussion items)

1. Site Plan 04-SP-120, Cary High School
Consideration of approval of a site plan to allow renovations at Cary High School. (Approved)

2. Rezoning 04-REZ-12 / Land Plan Amendment 04-LPA-08 (The Lang-Set Corporation)
Consideration of a request to rezone property and amend the Land Use Plan. The current zoning is Residential-40; the proposed zoning is General Commercial Conditional Use. The requested Land Use Plan amendment is to change the low density residential designation to a commercial designation. The request consists of approximately 1.44 acres and is located at 2503 Ten Ten Road. (Approved)

G. TOWN CENTER REVIEW COMMISSION (discussion items)

N/A

H. COMMITTEE REPORTS (discussion items)

1. Operations Committee, November 3, 2004 (Council Member Robinson)

a. FY 2005 Sidewalk Priority List (PL05-013)
Committee unanimously recommended approval of staff’s recommendation of sidewalk requests to determine which sidewalks will be included in this year’s funding. (Approved)

I. OLD/NEW BUSINESS

Appointed Chris Simpson at the Town Attorney effective 1/3/05.

J. LEGAL AND ADMINISTRATIVE ISSUES

Not Called

K. ADJOURNMENT

9:21 p.m.