Agenda & Minutes

Cary Town Council Meeting Minutes

Thursday, December 9, 2004

6:30 p.m.

Temporary Council Chambers

Herb Young Community Center

101 Wilkinson Avenue, Cary, N.C.

Web Site: www.townofcary.org

(NOTE: Due to the length of these minutes, they are divided into sections for your convenience.)

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 November 18, 2004, the minutes of the joint Town Council and Economic Development Commission meeting on November 16, 2004, and the minutes of the work session held on November 16, 2004. (Approved)

b. Consideration of adoption of the 2005 calendar year meeting schedule. (Approved)

c. Consideration of adoption of certificates of sufficiency and resolutions calling for public hearings on the following annexation petitions:

(1) 04-A-25, Mt. Zion Missionary Baptist Church, PVS Investments, LLC, and Balasubramaniam & Jamuna Ramalingam, 0 Chapel Hill Road, 9260 Chapel Hill Road, and 0 Evans Road, 27.41 total acres (Approved)

(2) 04-A-26, Miller Blackman Ten Ten, LLC, 4600 Ten Ten Road, 56.88 total acres (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-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. (Approved)

b. 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. (Approved)

c. Rezoning 04-REZ-18 / Land Plan Amendment 04-LPA-14 (Stonewater Planned Development amendment)
The property is comprised of 56.68 acres located on Green Level to Durham Road north of O’Kelly Chapel Road. The request proposes to amend the existing conditions of the Planned Development, including: deleting two collector roads, and amending the location of and materials used for the multi-use path along Yates Store Road. A land plan amendment is required to delete two collector roads. (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. Planning and Development Committee Consent Agenda, November 18, 2004 (any committee consent agenda item pulled for discussion will be discussed at the beginning of the committee discussion portion of the agenda)

a. Hopewell Academy – Request Waiver of Thoroughfare Improvements for Green Level West Road (EN05-050)
Committee unanimously recommended approval of a waiver of thoroughfare improvements related to the Hopewell Academy site plan with the condition that right of way meets requirements of the Transportation Plan and the Southwest Area Plan and be dedicated and construction easements granted at no cost to the Town at such time the Town moves forward with widening Green Level West Road. It is further understood that the existing well within the right of way area will continue to be used until such time as municipal water becomes available. (Pulled from consent for discussion; refer to agenda item H.1.a. for action)

b. Saint Michael’s Catholic Church - Request Delay of Thoroughfare Improvements for High House Road (EN05-051)
Committee unanimously recommended that the additional right of way to meet Transportation Plan requirements be dedicated along the entire Saint Michael’s Church properties, along with any necessary construction easements and that the thoroughfare improvement requirements be waived for site plan 04-SP-162 and be incorporated into a future Saint Michael’s project. (Approved)

c. Waterford at Cary Park – Request Waiver of Sidewalk Installation (EN05-052)
Committee unanimously recommended that the staff work with the Waterford at Cary Park developer to plan and implement an alternative pedestrian access along the east side of Cary Glen Boulevard that would meet the intent of the Town’s sidewalk connectivity and safety goals while taking into consideration the specific site constraints. (Approved)

d. Donation of Sculpture by Artist Catherine Widgery (PR05-012)
Committee unanimously recommended acceptance of a donation of a sculpture entitled “Shadow Play” by artist Catherine Widgery. (Approved)

e. Healthy Neighborhood Initiatives Program (AD05-008)
Committee unanimously recommended an enhanced code enforcement program and an appropriation of $25,000 from General Fund fund balance for personnel and supply costs. Committee requested further staff recommendations for proposed ordinance amendments to strengthen the Town’s enforcement of code issues to be presented to the committee in February 2005. (Pulled from consent for discussion; see item H.1.b. for action)

f. Activity Center Concept Plan for NC 55 Regional Activity Center (PL05-015)
Committee unanimously recommended approval of staff’s approach to development of the NC55 Regional Activity Center Concept Plan. The committee further agreed that one or two council members should participate as liaisons to the project. (Approved)

5. Operations Committee Consent Agenda, December 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. Bid Award – Larkwood Lane Water and Sewer Extension Project (EN05-053)
Committee recommended approval of the bid award to Sappah Brothers, Inc. at the bid price of $593,910.49. (Approved)

b. Bid Award – Pleasant Grove Church Road Waterline Extension Project (EN05-056)
Committee recommended approval of the bid award to Wm. J. Keller & Sons Construction at the bid price of $210,238.55. (Approved)

c. Condemnation Resolutions for the Fairfield Pump Station Abandonment Project (EN05-058)
Committee recommended adoption of condemnation resolutions for the Fairfield Pump Station Abandonment Project. (Approved)

d. Recognition of Additional Developer Funding for Davis Drive Widening Additional Improvements (EN05-059)
Committee recommended accepting a payment of $215,654.41 from the developers of Morrisville Market for additional improvements to Davis Drive. (Approved)

e. Consultant Selection – Cary/Apex Water Treatment Plant Centrifuge Addition Project (EN05-063)
Committee recommended awarding the professional services contract for the Centrifuge Addition Project. (Approved)

f. Elimination of the Police Special Revenue fund (FN05-006)
Committee recommended eliminating the Police Special Revenue Fund. (Approved)

g. Amendment No. 1 to Interlocal Agreement For Regional Wastewater Treatment Permitting, Engineering, and Land Acquisition (PWUT05-007)
Committee recommended amendment of the agreement with Apex, Holly Springs, Morrisville and Wake County for planning, permitting and land acquisition for regional wastewater treatment facilities. (Approved)

h. Proposed South Cary Water Reclamation Facility Sewage Outfall and Headworks Odor Control Project (PWUT05-008)
Committee recommended authorization and funding of a new project for odor control at the South Cary Water Reclamation Facility outfall line and plant headworks. (Approved)

i. 2004 Comprehensive Annual Financial Report (FN05-005)
Committee recommended approval of the fiscal year 2004 Comprehensive Annual Financial Report. (Approved)

j. Bridge Rail Enhancements for High House Road Widening Project (EN05-057)
Committee recommended approval of Option 1 of the Bridge Rail Enhancements for Railroad Bridge. (Approved)

k. Reclassifying Fire Department Positions (FD05-002)
Committee recommended approval of reclassifying the Fire Department’s Chief Officer responsibilities, titles, and salary grade. (Approved)

C. RECOGNITIONS, REPORTS, AND PRESENTATIONS

1. Recognition of retiring Town Attorney Charles Henderson. (Recognized)

2. Report on the National League of Cities conference. (Provided)

D. PUBLIC HEARINGS

1. Activity Center Concept Plan 04-AC-006 (Tryon Village Activity Center)
Request for approval of an activity center concept plan at the northwest corner of Tryon Road and Walnut Street. The current zoning is Residential-40; the proposed zoning is Residential-40 within an Activity Center Overlay District and the extension of the Swift Creek Activity Center. The plan includes 306,500 square feet of office and commercial space, and 506 multi-family units (including apartments, townhomes, and condominiums). The property includes 82.4 acres. (Referred to 2/21/05 Planning and Zoning Board meeting)

2. Rezoning 04-REZ-26 (Swift Creek)
This request extends the boundaries of the Swift Creek Activity Center Overlay District, and changes the scope of the Activity Center from Neighborhood Activity Center to Community Activity Center on the Zoning Map. Concurrently, this rezoning amends the boundaries of the Crossroads Regional Activity Center Overlay District so that it does not overlap with the expanded Swift Creek Community Activity Center Overlay District. These actions are recommended implementation tasks contained in the recently-adopted Southeast Area Plan. (Referred to 2/21/05 Planning and Zoning Board meeting)

3. Annexation
Consideration of approval of annexation 04-A-22, FB West Heirs, et.al., 4333 West Lake Road, 87.91 acres. (Approved)

E. PUBLIC SPEAKS OUT (one hour time limit)

See official minutes.

F. PLANNING AND ZONING BOARD REPORT (discussion items)

1. Rezoning 04-REZ-11 (West Lake Planned Development District)
This request encompasses one parcel located at 4333 West Lake Road. The property is located at the intersection of West Lake and Optimist Farm Road. The current zoning is Residential-30 (Wake County); the proposed zoning is Planned Development District-Major (Town of Cary). The request consists of approximately 87.91 acres. (Approved)

2. Rezoning 04-REZ-10 / Land Use Plan Amendment 04-LPA-09 (Amberly Planned Development District amendment)
This request encompasses the development known as Amberly, which is located south of O’Kelly Chapel, north of Carpenter Fire Station Road and northwest of Yates Store Road. The current zoning is Planned Development District Major (PDD Major); the request is to make amendments to the currently approved Planned Development District zoning. Amendments include: reduction in the overall number of residential units and overall gross density; increase in residential units in the Town Center tract; increase in non-residential square footage in the VC-1 tract; inclusion of an outparcel within Tract SF-1; revised boundary line between tracts SF-2 and the Town Park tract; reconfigured tract boundaries for VC-1 and the recreation site; revised access points and street connectivity for the AR tract; remove recreation and open space in various tracts; clarify greenways and pedestrian connections; revised streetscape standards; greenway and multi-use path relocations; and revised development standards. The requested Land Use Plan amendment is to change the Community Activity Center designation to a Regional Activity Center designation. The request consists of approximately 1,074 acres. (Approved)

3. Rezoning 04-REZ-15 (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. 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. (Approved)

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. (Approved)

G. TOWN CENTER REVIEW COMMISSION (discussion items)

N/A

H. COMMITTEE REPORTS (discussion items)

1. Planning and Development Committee, November 18, 2004

b. Healthy Neighborhood Initiatives Program (AD05-008)
Committee unanimously recommended an enhanced code enforcement program and an appropriation of $25,000 from General Fund fund balance for personnel and supply costs. Committee requested further staff recommendations for proposed ordinance amendments to strengthen the Town’s enforcement of code issues to be presented to the committee in February 2005. (Approved)

2. Operations Committee, December 1, 2004

a. Right-of-Way Dedication for deVintage Subdivision (formerly Langston) (EN05-060)
Committee recommended forwarding this item to Council for discussion at the December 9, 2004 meeting. Ms. Dorrel noted that in Mr. Smith’s absence, she felt it best to discuss this item at the full Council meeting. (Approved)

b. Storm Drainage Assistance Policy Statements (EN05-049)
Committee recommended forwarding this item to Council for discussion at the December 9, 2004 meeting. Ms. Dorrel stated that she would like more public input on this item. (Tabled to allow time for staff to hold a public input session)

3. Ethics Committee status report on the draft guidelines for Boards/Commissions. (Status report provided)

I. OLD/NEW BUSINESS

N/A

J. LEGAL AND ADMINISTRATIVE ISSUES

Closed session was not called.

K. ADJOURNMENT

9:06 p.m.